Anonymous
01 February 2011 at 12:18
There divergent views on filing of patition challanging sale of property of a public trust by the tenants;
While one school of thought proposes to file a PIL by a third party so that the tenants do not become victims of builders who have been assigned the lease of the land and who are already after the tenants for eviction and have filed cases in the court, in case the high court up holds the assignment.
The other thought suggests that the there will be no harm if the registered association of the tenants file the petition challenging the assignment of land as even in case of adverse judgement court shall protect the rights of tenants under rent control act of Mumbai.
We are bit confused and need expert's opinion before moving against the trust and the builders.
Pl. advice.
Anonymous
01 February 2011 at 11:43
lands were acquired in 1956/1964 under notifications for a govt company by the state govt.The award of Land Acquisition officer under sec 11 of the Act had not been accepted by the land losers and many reference cases under section 28 are pending before the Civil Court. Many of these cases are now fixed for argument in 2011 but it is seen that there was no proper reference as it is without a date, original copy of award not in the records of civil court, hit by limitation and no ground made out for rate enhancement etc. How to file pleadings before the court at this stage?
Anonymous
01 February 2011 at 10:09
MY MOTHER WAS A TENANT(OLD BLDG) IN MUMBAI AND SHE PASSED AWAY RECENTLY.THE RENT RECEIPTS ARE IN MY GRANDFATHERS NAME(MOTHERS FATHER).AND MY MARRIED SISTER WAS PRESENT DURING HER DEMISE.NOW MY UNCLE SAYS THAT THE FLAT BELONGS TO HIM(ALTHOUGH HE LIVES IN ANOTHER STATE ALTOGETHER.AND IS AKSING US TO VACATE IT.
DOES HE HAVE ANY RIGHT TO IT IF WE WANT TO SELL THE PROERTY OFF.?
MY MOTHER HAS BEEN LIVING THERE FOR THE PAST 40-45 YEARS.AND ALL RECEIPTS ARE IN HER NAME EXCEPT THE RENT RECEIPTS WHICH ARE IN MY GRANDFATHERS NAME..
PLEASE ADVICE..
A A Kumar
01 February 2011 at 09:30
I have my brother and her wife who has expired intestate and they have their two children boy/girl aged 14/12 respectively. As per the Succession i understand that they are Class I Heir and they alone will inherit the property left behind. Please let me know when is the age when they become major. Till Such time, one need to be a legal guardian for both of them, who are the natural guardians inthis case. Just to add the Grand mother/father of both the child from Brother side has expired. Grand mother of both the child form Sister side is alive. Uncle and Aunt from both the side are alive.
mahendrakumar
01 February 2011 at 07:06
while filing an EA before a consumercourt,is it mandatory to quote the relevant sections like 25/27 for necessary remedies?
will the forum allow the necessary reliefs,even if the relevant sections are not quoted?
can we seek relief under both sections?
Anonymous
31 January 2011 at 22:36
whether wife can claim monthly maintainance in suit for partition before civil judge jounior division against her husband
suit is fild by her claiming that her son is coparsener in joint hindu family property in which she is claiming maintnance for her
Anonymous
31 January 2011 at 20:05
Sir,
I filed a civil suit in the High Court of AP against an unauthorized construction being done in our apartment complex and the High Court issued a stay against further construction.
But, the party continued further construction and we filed a contempt case against the party and GHMC (for not stopping further construction).
The party applied for regularizastion which was rejected by GHMC, against which the party approached VIth Junior Civil Judge and obtained a stay by concealing the fact that the matter is already in the High Court. The GHMC got the stay vacated.
When the Contempt case came for hearing the party denied that any contempt was made,The GHMC said that they issued notices to them but the party continued to finsih the construction during holidays and nights and in their counter affadavit said that the unauthorized construction would be demolished immediately. This was on 5th July 2010.
immedieately the party approached the IIIrd Addl. Chief Judge, City civil Courts and obtained a Status Quo against the decesion of the VIth Junior Civil Judges decesion to vacate the stay.
on 31st January 2011 the case came up for final arguments but the Judge postponed it to 18th Feb 2011.
My question is, The decesion of the party going to the lower court for relief when the issue is in the High Court attracts contempt in the High Court.
Can the Addl. Cheif Judge postpone the final arguments date for which he called for even when the GHMC advocate told that he is ready for final arguments.
If so, how many times can the Addl. Chief Judge postpone the arguments.
thankyou
selvakumar
31 January 2011 at 18:06
Dear All
I bought a flat in chennai which landlord in banglore. at the time of buying there is tenant and he promised to vacate wihtin a month. but after regn the tenant filed suit against me that without intimating him i bought that house.
further I came to know the landlord has rented the flat to someone and not able to collect the rent because of distance and age therefore the tenant sublease the flat to another tenant. and my advocate who have his office at the same flat seems to be in tenant side and adjourn many hearing
kindly help me what to to now
rpjain
31 January 2011 at 16:15
Respected Experts,
what minimum precautions one should need to take before giving property either resedential or commercial on rent to avoid any litigation afterwards and to take possession back whenever needed?
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Is sale of land by GPA holder is valid??
"A" is ("A" full property is self acquired property as per the records)
"B" is ("B" is son of “A”, he is not having any share in "A" property. since it is self acquired proerty of "A")
“X” is GPA HOLDER from A & B
“Q” is our self.
On 1991 "A"+"B" Given a GPA to "X”,
(GPA registered in SUB-REGISTRAR OFFICE.)
on 2004 Again "A" is gifted the same property to "B".
(GIFT DEED also registered in SUB-REGISTRAR OFFICE.)
on 2005 “Q” We purchased a land from "X"
(SALED DEED registered in SUB-REGISTRAR OFFICE.)
While selling the property by "X" to “Q”, "B" is also signed as witness.
Problem is:
"A"'s grand son filled a suite against us . since it is her grandmothers he is having full right he is saying
"B" also filled a suite against us that these property is gifted by "A" , hence full right of these property is his own. ** Now B is also saying that he is not B, Changing is name as OOO (Both B & OOO is single person)
** A & B & X are still alive
** GPA is not canceled by A or B
** Left thumb impression of A & B & X are in GPA.
1. Let me know who is the having right in this property.
2. If ‘A’ is died what will be going to happen (becz “A” age is around 76years)
3. If "A" is canceling the GPA after sale deed was excuted by "X" to"Q" what will going to happen.
Kindly do the needfull