lalit
30 August 2011 at 22:39
X IN A SPECIFIC PERFORMANCE SUIT relying on a duly executed but unregistered sale deed, is awarded an interim INJUNCTION restraining Y from creating third party interest in a property.
Y in his objection petition refers to a xerox copy of an agreement signed,which is by no means referred in the sale deed, X claims that it was made in preliminary stages of negotiation for the suit property but subsequently not acted upon by both the parties and cancelled and destroyed by mutual consent.not acted upon means seller returned the cheque without encashing and destroyed the original agreement.
CAN IT JEOPARDIZE THE SUIT AND THE ABSOLUTE INJUNCTION PROSPECTS AS WELL
Anonymous
30 August 2011 at 21:17
Hi
My father has a self acquired land on which he stays on the ground floor and I have built the first floor for my and family's occupancy.
What is the cheapest and fastest way to have the 1st floor in my name legally?
The property is self acquired by my father and currently in his name.
I have heard of the relinquishment deed but not sure if it is applicable in non-ancestral properties.
What is the most hassle free method to do this where i have absolute ownership of the 1st floor.
Rgds
gaurav
30 August 2011 at 20:28
sier, i have taken person loan 4m nationalisd bank and bank is deducting instalment 4m my salary acc. now on the briefing of someone without giving me notice bank manager is deducting amont more than scheduled instalment as he is sayng bank wants to recover loan amount asap. now plz tel can we make complaint against this action of bank? if yes ,then whre?
Anonymous
30 August 2011 at 20:12
Sir,
We filed a w.p in the high court against one of the flat owners who encroached into the common area, the high court gave a stay of construction which was not carried, hence we filed a contempt case against the flat owner and the muncipal corporation.
The flat owner applied for regularizastion which was rejected by the corporation. Meanwhile the flat owner took a interim injuction in the court of junior civil judge againstn the corporation, which was latter expunged.
When the contempt case came up for hearing the corporation in their counter affadavit said that it would demolish the unauthorized structure immedieatley. but before the corporation could act upon it the flat owner approached the Addl. chief judge and obtained a status qou in a c.m.a against the corporation.
After more than a year the Addl. chief judge dismissed the c.m.a and i.a. The standing counsel of the corporation took his own sweet time to report this to the corporation, by the time the corporation could issue a notice for demolition the flat owner went to the high court in a c.r.p and obtained an interim injuction.
The standing counsel even after a month has not given the corporation a copy of the c.r.p and c.r.p.m.p so that the corporation can file a counter.
As we are not party int the lower court our lawyers say that we cannot implead in the c.r.p.
Is there anyother way I can get impleaded in the c.r.p. other than first getting impleaded in the o.s. of the lower court.
Can we ask the high court to club our w.p and w.p.m.p along with the c.r.p.
Please advice.
Ria
30 August 2011 at 11:05
Respected experts,
I (Plaintiff) had filed an application for exparte decree 3 months back as the the Defendant is not appearing in the court since 8 and hasmt even filed a written statement all these months.
The judge seems to be avoiding the granting of exparte decree by giving various reasons each time.
The judge this time has stated that oral evidence of the plaintiff is required before passing the exparte decree.
Please guide as to what is the procedure required before passing an exparte and is the judge correct in her approach.
Anonymous
30 August 2011 at 00:10
DEAR EXPERTS,
UNDER PIOUS DUTY OF SON UNDER HINDU LAW AS TO FATHER DEBTS WHICH PROPERTY THAT IS INHERITED PROPERTY BY SON FROM FATHER ,SON SHARE IN ANCESTRAL PROPERTY THAT IS COPARCENER SHARE ,IS ONLY USED FOR FATHER DEBTS .TELL STATUS BY CONSIDERING CPC SEC50,52,53 ALSO.WHETHER HIS SELFACQUIRED PROPERTY THAT IS FROM HIS JOB IS ALSO LIABLE TO BE USED FOR FATHER DEBTS.
THERE WAS PIOUS CONCEPT PRIOR TO 2005 YEAR.I READ THAT ONLY SON SHARE IN ANCESTRAL PROPERTY AND PROPERTY WHICH HE INHERIT FROM FATHER TO THAT EXTENT ONLY IS LIABLE TO BE USED ONLY.I READ FROM CPC SEC50,52,53.AND ONE ARTICLE ON NET ON HINDU LAW
Anonymous
29 August 2011 at 23:12
Can I recover my share of my grandfather’s property already sold 10 years ago by my father’s Senior elder brother by playing fraud who is an advocate himself with out our knowledge by attaining occupancy rights U/S 8 of Abolition of Inams Act 1955 by falsely filling a petition before the Regional Divisional Officer which came to our knowledge recently the said property has been already sold as aforesaid. It was my father and my junior elder father who did agriculture on said property, my senior elder father (advocate) never even visited the said land in my grandfather lifetime. 1) Is there any limitation which bars my right to claim my share a grandson after 10 years on a property which has been already sold 10 years ago. 2) Can I file a suit for partition making the buyers as defendants including my senior elder father who is an advocated who fraudulently cheated my father and his Junior elder father by selling without there knowledge ? 3) Can that said order of RDO be suspended by the collector if we all the grandson’s file a petition before the collector for suspension of the same 4) will I get my share of land or will I be awarded any compensation as it is situated at a very prime location now? 5) Can my senior elder father’s bar membership can be cancelled for cheating and fraudulently selling away the property? I myself recently started practicing law as a lawyer. I would appreciate all your valuable suggestions and thanks in advance..
Member (Account Deleted)
29 August 2011 at 18:38
I have come to know, the following orally from a consumer court staff, can any one provide the relevant citation:
According to a recent decision by Delhi High Court, it has been laid down by Delhi HC that Delhi is one district, therefore now we can file a consumer complaint in any of the Ten consumer courts, irrespective of jurisdiction falling under any of them.
Can any expert throw some light upon it. Thanks in anticipation.
Anonymous
29 August 2011 at 16:27
hi,
My friend is a goldsmith.
one day his friend came with a 'mangal sutra'
he said to my friend ke ye sona gila ke do...
n my frnd has done that..
he did not had any idea that that mangal sutra was of chori...
and police has come to his office and took my friend ...
police has asked him to deposit the gold back
because my friend is from a reputed family he has deposited the demanded gold which was much more higher than the actual mangal sutra.
now what should he do if again some case comes in his name ??
what kind of charges are applicable on him??
he has not gone in any court till now.
nor he received any summons.
if he found guilty than what kind of punishment can be given to him ???
and is there any way out ??
he was there in lockup for two nights .. and now his family dont want him to stay in lock up for even a day.
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Unregistered documents
Unregistered documents can challenge against registered documents of Agri. Land.