sangameshwara
14 January 2011 at 10:55
We are having a agri land in tamil nadu arund 3 ackrs, after my grand father and grand mother death, my father & 2 elder brothers has done a partion deed and executed in sub registrar office. the 2 elder brothers saled there possition to 3 rd party, now my father also expired. Now what i feel is my grand fathers property to be in our family control, can i fille a suite regarding this in local court, & my grand father did not executed any WILL.
We belived our uncles, hence we did not taken original partion deed & they are using our share also till the sale. Since my father was an cancer patient we could not able to concentrate on this.
We heard that they are going to sell their share, hence we asked them to sell their property to us, but they dint, hence we have taken the copy of partion deed from register office and taken action bellow:-
Let me know how i should approch a advocate in local area. (In which ACT's we can take action)
1. PARTION DEED EXECUTIED ON 1998
2. LEGAL NOTICE SENT ON 18.08.2007 TO 2ND SHARE HOLDER (WE ARE WILLING TO PURCHASE HIS SHARE)
3. LEGAL NOTICE SENT ON 12.09.2007 TO 1ST & 2ND SHARE HOLDER (THAT WE HAVE NOT RECEIVED EQUALY SHARE)
4. SALE DEED EXECUTIED ON 21.09.2007
5. LEGAL NOTICE ON 01.05.2008 TO THIRD PARTY/BUYER (ALLOW US TO USE THE WATER FROM WELL)
1. Is there any possibility to use the well & electirycity for only our land. Since this is our grandfather's i dont want to give the share to 3rd party.
a. In the partion deed it is not mentioned we are going to share with 3rd party.
b. Electricity service is given to our survey number & well is also in our survey
c. I want to change the electircy service name from my grandfather name to my name
d. Can i take a stay order against the 3third party for not to take water from well
c. Can i ask TNEB,Arani to stop power supply temporarly.
Anonymous
14 January 2011 at 01:01
I am a non advocate.
A public servant has sent me a show cause notice ,which was duly replied by me timely.
i have 2 queries-----
Can I send him a show cause notice,if I have proofs of some illegal tasks done by him ?
if yes, should this notice be sent through an advocate or I as commoner can send this notice to him myself?
And if does not reply or reply unreasonably(which is more probable),can I sue him in the court of law ?
Anonymous
13 January 2011 at 21:43
A HAS PURCHASED LAND FROM B AND EXECUTED AGREEMENT FOR SALE AND POWER OF ATTORNEY - MADE FULL PAYMENT OF THE AGREEMENT- WITHIN TWO YEARS B IS DIED, NOW MR A WANT TO EXECUTE THE DEED OF CONVEYANCE IN HIS FAVOR BY USING SAME POWER OF ATTONEY, IS THE POWER OF ATTORNEY IS VALID FOR THE EXECUTION OF CONVEYANCE DEED
Anonymous
13 January 2011 at 20:33
Sir,
We filed a civil suit for tresspassing and forming an approach road in our patta land (survey No. say 'A')and prayed for an injunction (the defendants argued that there was a public road). However, the court observed that there was no public road in 'A' and dismissed the case saying that the petetioner did not come with clean hands (during the cross, for a question about the existence of a road in near by survey No. 'B', the court felt the answer was not ok).
Now the defendants have gone on appeal (for they claim there was a road in 'A').
After about an year, now the defendants are submitting a fresh document that shows the marking of a road in nearby 'B'.
My question is : Is it ok to admit a fresh document in an appeal after an year that does not pertain to 'A' (area of contention) but pertain to nearby 'B' (the area based on which the earlier court dismissed the case).
Uday.
G.Gomathinayagam
13 January 2011 at 19:34
My father in law who was 65 years and my mother in law who was 63 years met an accident and died on the spot on 27.01.2009.My father in law was a retired Railway employee, was getting Rs10,875/month as a pension.My wife is the only legal heir for them.She had studied only up to VII std. She has applied compensation in Tirunelveli district court.When my father in law case was in trail, she was told by the insurance company that, she will get RS1,00,00/-as the maximum compensation amount.She had inadvertently accepted for the same in front of magistrate.Since it was accepted it is expected, the judgment will also be inline with that.It is seen that as per the recent SC judgments, the compensation worked out as per the multiplier system for my father in law case, it works out to Rs4.50lakhs whereas she has accepted for Rs 1lakh.She has not received the amount.Since the accepted amount is very less, we wish to appeal.Kindly advice what we have to do for appealing.whether it is possible to appeal in the same court for reconsideration.We eagerly looking for your valuable advice.And also my mother in law case is yet to come for trail.She was the house wife and she was totally depending on my father in law's pension.How much my wife can expect the compensation worked out based on her deceased father's pension amount for her deceased mother.She had lost both of her parents in the accident in the same day and proper compensation amount also she has not got even after two years, we are totally feel bad.Kindly give your valuable advice to get reasonable compensation from insurance company. Thanking you.
Anonymous
13 January 2011 at 19:22
Sir,
My family is HUF.My grandfather purchased a building in my aunt's name,because my uncle (Father's elder brother)was karta at that time.My grandfather died long back.My aunt and her son are living in that building and collecting rent from the tenets.Now i have come to know that they are selling this building to a builder for redevelopment.
My father has filed a suit in U.P. for the division.I want to know whether I can file a suit in Mumbai as I am living in Mumbai and the said property is also in Mumbai.
Thanks/Regards
Anonymous
13 January 2011 at 19:14
Dear Sir,
I was sleeping partner of a firm in Singapore.I issued four cheques of this firm's foreign account to an Indian firm,out of which three cheque passed.The Indian firm never sent the product for which this payment was given.I followed that party and received 80% payment in cash (US$).I forgot to collect the last cheque.I closed that Singapore firm and the bank account.After a year the Indian firm deposited the cheque and it bounced.The Indian firm filed a case under 138.Now I want to know the following:
1.138 is applicable when the bank account is closed before a year.
2. 138 is applicable when it is a foreign firm and amount is in foreign currency.
3. When an advance payment has been made but further advance denied.
Thanks/regards
Guest
13 January 2011 at 16:47
Dear experts,
A child's birth (born in 1977 at Chennai) was not registered. In 2005, the Municipality has issued a certificate to that effect. Obtaining a fresh certificate at this stage is not possible without court's direction. Presently the person resides at U.P.
My queries are :-
(i) Can he swear an Affidavit before Oath Commissioner at U.P. and forward along with Vakalathnama for filing a case at Chennai City Civil court?
(ii) Will the court insist his presence.
(iii) The Municipal authorities state that even if the court directs them to issue such certificate, they will need statement from the then neighbours of the applicant (the birth took place at Home). Tracing the neighbours after 33 years is highly impossible.
Thanks for your answers, in advance.
Anonymous
13 January 2011 at 16:28
THANK YOU FOR ANSWERING MY PREVIOUS QUESTIONS.
I WOULD LIKE TO KNOW ABOUT HINDU SUCCESSION ACT , 1956 & ITS AMENDMENT ACT(2005) .
WHAT IS SELF-ACQUIRED PROPERTY & ANCESTRAL PROPERTY???
PLEASE EXPLAIN....
THANKS YOU .
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WETHER IT IS DOMISTIC VOILENCE OR IT EFFECT HUMAN VOILENCE
wether it is domistic voilence,or it effect human right
one of local advocate due to some reson diverced his wife in court and married another and staying with her since ten years. the firest still not married to any other.
the fist wife with the said advocate had two sons.fist son with mother and the second with father.near about one year fist son marriage performed by both first wife and her diverced husbend,this year the second son marriage performed by diverced husbend with second wife just a formal intimation of the said marriage to fist wife.ie .natural mother.by putting her in mental agoney,hurt.
WETHER THIS AMOUNT DOMISTIC VOILENCE AND OR INFRINGE HUMEN RIGHTS..VOILENCE ...........PLEASE CLARIFY WITH LEGAL SENCE WITH ANY CITATIONS IF ANY. .AVOID JUST . FORMAL REPLY.
WITH SINCEAR REQUESTS