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pratik   18 March 2011 at 17:39

Partition Suit.

A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition its/their land by entering a Deed poll (sometimes referred to as "carving out").

There are three kinds of partition which can be awarded by court: partition in kind, partition by allotment, and partition by sale. A partition in kind is a division of the property itself among the co-owners. In a partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded. Partition by sale constitutes a forced sale of the land, followed by division of the profits thus realized among the tenants. Generally, the court is supposed to order a partition sale only if the land cannot be physically divided, although this determination often rests on whether the economic value of the divided pieces is less in the aggregate than the value of the parcel as a single piece.

OPINION REQUIRED WHERE IT IS ALSO APPLICABLE IN INDIA. & ALSO GIVE THE OPINION ON THE ABOVE MENTIONED ARTILCE IF POSSIBLE WITH THE HELP OF A Case LAWS.

Thanks.

God Bless U All.

Anonymous   18 March 2011 at 16:57

Suit in Rem.

Suit in Rem and suit in Persona means what ? it has been said that if there is no defednt than also we can file a case or petition that suit in rem ? which law tells the above matter. it has also been said that Suit in Rem and suit in Persona.
cant be filled in case of criminal cases ?

So acutually what doe sthe Suit in Rem and suit in Persona as far as civil cases is concern & also if any citiation on it.

Thanks.




Anonymous   18 March 2011 at 16:21

Confusion about limitation clause ?

We are tenants of two buildings constructed on 800 Sq.Yards plots each and which were owned by the Mumbai Group. While one property was in the name of their Public Trust the other property was in the name of a P. Ltd. co. and were sold to builders in 2005 & 2006. But we have come to know about the price at which these prpoerties are sold in February 2011 only after obtaining certified copies of deeds from Sub Registrar and are shocked to see that while trust property was sold for Rs.21Lacs the private property was sold for Rs.7.5.Lacs only much below the rates that tenants had offered. Under these circumstances pl. advice if we can challange the deals in High Court by way of petitions as we are in doubt about limitation clause.

HINDUSTANI   18 March 2011 at 12:39

Help to trace Financials details of husband

Dear Sir,
My sis was married to an indian man who works in london, uk and after marriage, she went to london and stayed with him for an year. During that period he acted violently with her and beat her profoundly due to which london police was called off and he was kep in custody for one night and was only released on the request of my sis.After that incident he kept luring my sis to come back to india and somehow convinved her on false pretext. when they came back to india, he filed a divorce case in family court due to which she is totally devasted.He is claiming he earned Rs.5 Lakh annualy. he is a process engineer in oil and gas company of UK and may be earning atleastRs.6 to 7 lakhs a month. We are finding it really very difficult to trace out his finances so that a comparable maintenance can be claimed for the deceased. Also we do not want divorce and perhaps are interested to settle the matter but he seems to be in no mood. I have also contacted uk embassy in mumbai but they choose to abstain. I hv also approached Ministry to external affairs to seek info from High commissisonof india, london office but am not very sure @ results. can u please guide how can we trace his finances to claim maintenance, if he doesnt agree to stay together.

Anonymous   18 March 2011 at 12:33

Require Financial details to claim maintenance for my sister

Dear Sir,
My sis was married to an indian man who works in london, uk and after marriage, she went to london and stayed with him for an year. During that period he acted violently with her and beat her profoundly due to which london police was called off and he was kep in custody for one night and was only released on the request of my sis.After that incident he kept luring my sis to come back to india and somehow convinved her on false pretext. when they came back to india, he filed a divorce case in family court due to which she is totally devasted.He is claiming he earned Rs.5 Lakh annualy. he is a process engineer in oil and gas company of UK and may be earning atleastRs.6 to 7 lakhs a month. We are finding it really very difficult to trace out his finances so that a comparable maintenance can be claimed for the deceased. Also we do not want divorce and perhaps are interested to settle the matter but he seems to be in no mood. I have also contacted uk embassy in mumbai but they choose to abstain. I hv also approached Ministry to external affairs to seek info from High commissisonof india, london office but am not very sure @ results. can u please guide how can we trace his finances to claim maintenance, if he doesnt agree to stay together.

Anonymous   18 March 2011 at 12:27

Builder fails to deliver possession- LIMITATION PERIOD

Sir,

I had booked a flat with a builder which he was supposed to deliver by April 2008. He has been making fake promises that construction is going to start and flats will be given soon. Now I want to file a complaint in the District Form. But will the limitation period of 2 years under the CP Act stop me from the same? Because as far as I think the cause of action would be deemed have arisen in April 2008 only.

Can those verbal promises of the builder start a fresh limitation period? If not, then can I ask for the condonation of delay in filing the complaint before the District Form?

Kindly advise

Anonymous   18 March 2011 at 12:10

Ownership Proof for Flats

Hi,

I have information that for Land Ownership, there is Property Card which is final Proof of Ownership. Please correct me if wrong.

Similarly, I want to know for Flat Owners if there is any such Proof mechanism available.

Thanks

abhishek jhinghan   18 March 2011 at 10:55

COURT FEES OF DISTRICT CONSUMER COURT IN JAIPUR

Sir,
i have just started practice, so i want to know about procedure of filing a complaint in district consumer court jaipur(whether pie papers are compulsory for a complaint) and about written statement.
and please give me information about the postal order whether it is Rs 100 or 110

Anonymous   18 March 2011 at 10:24

Procedure OF CAT at Kolkatta.

Any body conversant with the working and procedures of CAT at kolcutta , pl guide me for filing a case for injustice in recruitment of a central Govt agency.

Anonymous   17 March 2011 at 22:24

supreme judgement

i would like to have a recent Judgement of apex court regarding in land grabbing cases when the petitioner has title then the judgement should be in the favour of the petitioners hope the experts will throw light on this aspect immediately thanking you harish