Troy Ribeiro
14 November 2010 at 16:03
My mother, a senior citizen had rented a property, that she inherited, in Mumbai but did not register the Leave n License agrement. The tenant lived there since 2000. They were paying the rent till 2008. After that they refused to pay the rent or even vacate the premise. They forged some documents and had transfered the electricity meter on their names. We have filed a criminal case for forgery. But am advised that we need to file a civil case to evict the tenants. please advise how should I go about it. My mother had approached a lawyer. He took his fees and refuses to file a case and is absconding. We have a document where the tenant has assured that he would leave the premise in Feb 2010. But he has not done that till date... Would appreciate your suggestions
Anonymous
14 November 2010 at 15:15
Dear Sirs,
My lawyer colluded with the plaintiff and submitted an affidavit without my consent,and in my absence, inpite of him being told earlier not to submit, as some of the points were misinterpreted to me. What is the procedure to withdraw the affidavit.
arsh
14 November 2010 at 15:00
If any perosn died due to accident after month of hospitalization in hospital.and hospitalizations expense is around 3 to 4 lakhs supoorted with all medical bills.then while filing death claim will we get medical expenditure amount excluding death compensation?
Then while filing his compensation under motor vehicles act we will get death compensation as per his income and age.
Then would the amount of medical expenditure get in addition and above to the death claim amount?
Or for this does we need to file injured claim as well death claim also or what any provision for such cases?
Y.C.Pandya
14 November 2010 at 11:35
I have a declaratory suit for my possession and ownership of an ancestral building and a farm. What should be the court fee for a house of Rs. five lakh value in gujarat.
And the court fees for farmland of Rs. two crores value ?
Can the declaratory suit be filed on the court fee on a suit value of Rs. 300/- lumpsum as some advocates advice to do.
Anonymous
13 November 2010 at 22:15
Dear Sir,
I have filed the Petition (O.A) in the CAT which have been allowed.The Respondent has moved to the High Court on the plea of the limitation.
The High Court has restored the O.A that the issue of the limitation will be decided by the CAT and has made it clear that merits need not be decided as the same has already been decided in its order
Against the order of the High Court which has reverted to the CAT, I have filed the SLP which has been registered but will going to be list on next month
The CAT has entertained the order of the High Court and will pass directions
My queries are:
1 Whether the CAT can change/reverse its own order?
2 If the CAT has reversed my order whether I can file the writ petition in the High Court ?
3 If the SLP will be allowed which will be listed in the next month whether there is need to move to the High court if the CAT reverse its own previous order?
4 Normally what in majority of cases such Tribunal would do if the High Court has referred back for reconsideration?(I mean to say whether the previous order prsists or or will reverted. Kindly may answer this query on your personal experience)?
joy
13 November 2010 at 20:04
If Hindu female died along with her husband and their both childern.living heirs of husband and heirs of father and mother.
Now if she have LIc insurance policies in her name having nominee is her mother.and policy was commenced before 2 years of her marriage.
Now as per Suceesion act will section 15 of hindu succesion act mentioned below will applicable or not for this LIc policy property in her name?
or this property of LIC policy is considered as her property only instead of being considered as property inherited by her father.
"Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father"
Anonymous
13 November 2010 at 13:43
dear sir
my father made will on 2005 and is registered also now my mother and brother and sister are saying that the property is to divided and my mother is getting pension around 15000.now my sister had came to me ask for rent shop and house my father passed away now she is not vacating the house and my brother come gest before oneday and he is at possion please guid me what have to for this
thanking you
S.MANIMARAN
13 November 2010 at 12:35
sir a suit for recovery of money is filed by A against B in the suit A filed a application to attach the mechanic tools rest in the shed of the B, due to the non appearance the application is allowed they came for the attachment, but the tools is not belonging to him, originally he hire them for his work purpose, therefore the original owner of the tools who hire to the B filed a objection application in the court stating the real facts to arise the attachment, my question is whether the third party without impleading in the suit or application can he make such application for objection, refer me any citation for the same infavour of third party
,( the fact is not in execution proceeding only in the suit)
thanking you
S.MANIMARAN
13 November 2010 at 12:32
sir a suit for recovery of money is filed by A against B in the suit A filed a application to attach the mechanic tools rest in the shed of the B, due to the non appearance the application is allowed they came for the attachment, but the tools is not belonging to him, originally he hire them form his work purpose, therefore the original owner of the tools who hire to the B filed aobjection application in the court stating the real facts to arise the attachment, my question is whether the third party without impleading in the suit or application can he make such application for objection, refer me any citation for the same ,( the fact is not in execution proceeding only in the suit)
thanking you
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procedure to withdraw the affidavit.
Dear Sirs,
My lawyer colluded with the plaintiff and submitted an affidavit without my consent,and in my absence, inpite of him being told earlier not to submit, as some of the points were misinterpreted to me. What is the procedure to withdraw the affidavit.
OK, it was an affidavit expressing my willingness to sell my share to the plaintiff, but due to some dispute which arose later. I now wish to retract from my earlier decision, and hence would like to withdraw the affidavit.