Sudhin2218
18 February 2011 at 03:47
We've a joint property and it was jointly registered in the name of my grandmother (father's mother) and my father’s name,after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half of the joint property to stranger (not belongs my Hindu family) , there was no partition deed made between my mother and grand mother,
so we filed the suit for an injunction and Sr division court granted injunction in favor of us. Then stranger filed suite for partition in 2006, Now we came to know there is a provision in "Section 4(1) in The Partition Act, 1893
Where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."
Question 1: My mother or my sister is ready to buy the share of such transferee, so please let me know are there any Good Supreme Court or Karnataka High Court Judegement Citations, which can strongly support “Section 4(1) in The Partition Act, 1893” ?
Question 2: Do we need request H’ble Judge to refer this case to Lok adalat based on “Section 4(1) in The Partition Act, 1893”?
Anonymous
17 February 2011 at 22:34
sir,
I have asked a query regasding the acp (tp) ghmc reply to the high court in his reply to the contempt case filed against him and the zonal commissoner.
Do these observation of his invite further contempt actions against him?
puvvada venkateswarlu
17 February 2011 at 22:01
attachment was affected with wrong servy number, sale was conformed, Dhr is auction purchaser 1/4th amount was set off, but remaing amount sale amount was diposted beyond 15 days. DHR filed a petition seeking amendment. please advise me
Anonymous
17 February 2011 at 18:32
I AM APPLYING FOR EDUCATION LOAN IN YEAR 2001.
BUT BANK APPROVED IT LATE, SO I AM RETURN IT.
NOW IN JULY 2010, THEY ARE SENT ME A LATER FOR RECOVERY OF Rs. 8000 AGAINST EDUCATIONAL LOAN.
AFTER TALK TO BRNACH MANAGER, HE SAW THAT THIS IS AMOUNT OF AGAINST LIFE INSURANCE POLICY WHICH IS BUY BY BANK AT THE TIME OF LOAN DISBURSEMENT(POLICY COST Rs. 863).
NOW AS PER THEM TOTAL AMOUNT IS RS. 8000/- INCLUDING INTEREST AND PRINCIPLE(Rs. 863).
NOW WHEN I AM AGREE TO PAY RS. 863 THEY ARE FORCE TO ME PAY INTEREST.
NOW WHAT CAN I DO.
Anonymous
17 February 2011 at 17:36
ONE OF MY WRIT PETITION WAS DISMISSED, DENYING ME JUSTICE, DUE TO IMPROPER HANDLING OF THE CASE BY MY LAWYER, WHICH WAS DISMISSED ON 28/10/2010, AND THE JUDGEMENT COPY WAS RECEIVED BY ME ON 12-01-2011. PLEASE ADVICE
HOW TO FILE APPEAL IN THIS REGARD.
AYYAPPAN N R
Anonymous
17 February 2011 at 13:33
I am staying in Dubai with family for past 5 years, My property in India was encroached by my neighbor by a building in 2007, of about 90cm width and 11mtrs length and have moved the boundary stones. Recently, the Govt Surveyor from Taluk came and repositioned the stones and provided a Sketch and report stating that the building is encroached. Now what action I can have for the same. Please reply
Anonymous
17 February 2011 at 10:25
I have purchased a property from Auction sale from DRT .Now I came to know that the same property is attched in another suit in civil Court by another person in money suit and he is having second charge over the property. What can I do now? Whether the second claimer can made any claim over property ? Thank You.
vijays
17 February 2011 at 08:37
IF I EXECUTED AN AGREEMENT TO SELL ON 100 RS.STAMP.PAID ALL CONSIDERATION BUT NOT TOOK POSSESSION.AND AFTER THAT VENDOR IS UNTRESSEBLE/DIED.AFTER 3YEARS SAID FLAT IS IN HIS NEPHEWS POSSESSION.
WHAT IS THE REMEDY FOR ME?
amit
16 February 2011 at 21:40
An order was passed against non applicants, out of which one non aplicant was dead during pendency of petition and his legal representatives was never came on records.
1- Whether the order passed is nullity against that non applicant only or against the all non applicants?
2- Whether the petition abates against that non applicant or against all non aplicants?
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Reg: will
if one man having ancestral property or self earned property, if he wish to transfer above said property through will to some one, the man having 2 sons, 2 daughters, wife, and dad, mom also. now is it possible to transfer as he like ? or any procedure there ?