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Anonymous   18 December 2024 at 18:13

Protection of living rights

Someone I know very closely and his family have been living in a property in Mumbai for the past 40+ years. The property is owned by his sister-in-law who used to live there but left with her family 40 years back.
There has been no explicit permission given or taken between him and his sister-in-law towards him living in the property.
During his stay, he has paid the rent, bills, maintenance and upkeep of the property. The housing society where this flat is, is getting ready for redevelopment.
The owner who lives elsewhere now wants the property back and has been threatening him and his family to vacate the property. As the owner is hostile, and does not want to arrive at an amicable settlement.

Is there any provision in the law that will allow his and his family's rights to be protected under this circumstance? How can he protect his rights and can he claim right to the title since he has continuously lived here for 40+ years?

Anonymous   18 December 2024 at 18:00

Probate petition for will - for rejection under rule 435

Upon checking the case status of a probate petition for Will that was filed 8 years back on the Bombay HC website, the stage of case says "FOR REJECTION UNDER RULE 435".

Does this mean the case has been dismissed and if yes, what is needed to re-instate the petition? Does the whole process for filing the petition needs to be re-started from scratch again?

Any guidance on the process to re-instate will be much appreciated.

Many thanks.

Anonymous   18 December 2024 at 09:16

Nuisance from tenants

Dear members,
We are the owners on the floor below, and a family above us has taken the flat on lnl agreement. There is constant stomping and running in the flat above resulting in cracks on our walls and disturbance throughout the day and even at night. We are senior citizens with health issues and as a result of the nuisance unable to rest at all. The running by some child is so strong that vibration comes on our floor and window panels too. What can be done as they were requested to behave In a more civil manner but they are not showing any compassion. Pls help thanks

Nidhi Gupta   17 December 2024 at 14:03

Nuisance of commercial school in residential complex

My Query is same as raised by Adithya on this link
https://www.lawyersclubindia.com/experts/legal-solutions-for-school-nuisance-in-bangalore-751926.asp
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1/ Private Pre-school being run by a lady in three flats in our Residential compelx for past 15-20 yrs.
2/ Extreme nuisance of children caused daily from 9am-2pm.
3/ Whatever permissions she wud have taken to run the school earlier; considering that a commercial school is illegal to run in residential property; esp if its causing problems; i want it to be shut down/ moved from there.

My queries:
1/ Should i raise a online compliant with BBMP? which portal? there are multiple portals online.
2/ Is Municipal corp same as BBMP? whose jurisdiction does this issue come under?

m.satyanarayana   16 December 2024 at 18:03

Partition suit preliminary decree with impleading petitions

Sir,
My mother solemnised my sister marriage in the year 1968. They were staying in their ancestor property. After sometime they faced financial problem and incurred debts. In due course my brother-in-law father died. After some time by brother-in-law and her widow mother sold the ancestor property to third party and executed sale deed in the year 1971. Subsequently the said third party got executed sale deed in his name. Thereafter another party purchased the said property got registered in property her name in year 1978 accommodated my sister in one small portion of the land keeping remaining portion with themselves. At this juncture my mother at the request of her daughter and son-in-law my mother purchased the said property and got registered in her name in the year 1979. They were permitted to stay at one portion of the dwelling house.At that time we were staying in Bombay(Mumbai). My mother died in the year 1995 we returned back from Bombay and claimed the property from my sister and her husband. They refused to part with property. After my mother death I filed partition suit against my sister. My sister and her husband filed false Will of my late mother, my sister got favourable order in trial court. I appealed to High court my appeal was allowed and Hon’ble high court passed preliminary decree dividing 1/3rd each myself my father and my sister . My sister appealed at Supreme Court her appeal dismissed, further her Revision petition was also dismissed. My sister filed fake relinquishment deed executed by myself and my father which was proved false. My sister daughter filed false gift deed which was dismissed by court subsequently her son filed fake Gift deed. Recently I filed petition for Advocate Commission which was opposed by my sister and their children on the ground of ancestor property claiming entire property opposing my claim on property. During entire trial and proceeding my sister and brother-in-law have not filed any document claiming ancestor property. Now my sister children opposing partition suit and depriving my share in my mother property claiming ancestor property. There is no clarity for me and I am doubtful about my legal rights. How I can manage to face this situation at fag end of partition suit fearing I will lose the case. Please suggest.
Thanking you,
M.Satyanarayana

Vinayak Patil   14 December 2024 at 21:26

Adverse possession

If possession is under agreement to sale but this agreement is void and vendor hasn't taken any action to take possession for 50 years
So can vendee claim adverse possession?

Rajeev Jaiswar   14 December 2024 at 18:00

Change required in flour mill permit issued by bmc

In our Aate ki Chakki in Chawl, basically what is called a slum area, the permit and license of this chakki has been renewed on a regular basis from 1988 till 2025. But now we have released that the time given in the permit is from 8:00 am to 6:00 pm. Now we have to legally do it from 8:00 am to 10:30 pm. Please help in this.

Zeeshan   14 December 2024 at 14:34

Using forensic service in fake property papers.

Is it possible that I can take certified copies from court, have them forensic checked ( sign and thumbnail matched /unmatch) and submit it's report in the court as evidence , Instead of filing application u/s 45, calling expert in court etc.etc ?
To speedfiy the trial.

archana shankar   06 December 2024 at 13:23

Criminal breach of trust

Dear All,

I am a Realtor and i deal in selling properties in Bangalore. Recently introduced a seller and buyer for a 5.25 Cr villa purchase property. Post my introduction , i shared the number of the seller with mutual trust to the purchasers and now behind my back they hav eturned hostile and without my knowledge they ave registered the property as well. Now both buyer and purchaser are not answering my calls. Seller is from uttar Pradesh and and Purchaser is from Bangalore itself.
I have a photos of the google meet introduction , security visits entry and CCTV footages of taking the purchaser and showing around. I also have whats up messages exchaged between us regarding this transaction. Do you think i can send a notice with these evidences.
Your responces and suggesstions will be highly valued. i have Physical withnesses in this deal transactions.

Tushar Taunk   05 December 2024 at 23:24

Title partition suit

A TITLE PARTITION SUIT WHICH IS MORE THAN 30 YEARS OLD IS BEING DELAYED UNNECESSARILY BY THE PLAINTIFF ALONG WITH A FEW SUPPORTING DEFENDANTS JUST TO DELAY THE FINAL DECREE PROCEEDINGS. INSPITE OF THEIR OBJECTIONS BEING REJECTED SEVERAL TIMES THE COURT IS YET TO PASS A FINAL DECREE OF THE SAID TITLE PARTITION SUIT.