Anonymous
12 November 2010 at 20:07
Dear Sir/Madam,
I am a resident of Gurgaon in Haryana.One and half year back, I purchased a property in low rise building floor colony. I have purchased the property on 2nd Floor. At the time when I purchased this property ,registration of floor was not opened in Gurgaon. Moreover my property was built on an area on 174 sq yard plot area.
I purchased this property from Mrs.Preeti.This property was built by a corporate builder in Oct'2004 and was allotted possession to a person called Ram as original allottee through builder Floor buyer agreement and in Nov'2008 Mr. Ram sold this property to his Mother Mrs. Preeti and the procedure of sale was that on the original builder floor buyer agreement Mrs. preeti's name was endorsed and duly transferred in the books of corporate builder office record and apart from it an agreement to sale was made and duly notarised.
Now in June'2009 I purchased this property from Mrs. Preeti and again the same procedure of sale was followed as it was a floor and registration of floor was not opened by Haryana government.So in the original builder floor buyer agreement my name was duly endorsed and recorded as owner in the official books of the builder office and an agreement to sale was made and duly notarised stating the present selling price and various terms and condition of purchase.
Bank has also approved Loan for this purchase to me and The builder office has issued a letter at the time of taking loan the property is title free and without any litigation. Even now the electricity bill is coming in my name and all the letters from society office is coming in my name.
Recently two months back I came to know from some source that this property is disputed and enquired about the same. The story is that the original allottee of the flat, Mr. Ram has some strained relationship with his wife in June'2008 and anticipating that she can claim the property, Mr. Ram sold this property to his mother in Nov'2008.Now ignorant of the fact that the property has been already transferred to her mother in law, she filed an application for injunction against the said property in the court of law in Dec'2008 as she is claiming that her father has given loan to her husband Mr. Ram to purchase this property and she made party in this case to her husband and father in law.
In Jan'2009 Mr. Ram and his father has replied to court of law that the property has already been transferred to Mrs.Preeti (Mr. Ram's mother) in Nov'2008 before she filed the application i.e. on Dec'2008.so the property is not now Mr. Rams but Mrs. Preeti's who is nowhere a party to the case and moreover they stated that Mr. Ram has repaid the loan to his father in law with interest and vide such and such cheque no.
In March'2009, even after knowing all these things the honourable court has passed a status quo against this property and Party was Mr. Ram and his Father Vs. Rams Wife. and still the order is same.
Now when I came to know about all these things I asked them why after knowing all these things they sold this property to me.The reply I got from them is that since in Nov'2008, the property get transferred in Mrs. preeti's name , so after that Mr. Ram has no rights in this property and Mr. rams wife has filed an application of injunction in the court in Dec'2008 against Mr. Ram and her father in law. Since her mother is nowhere a party also so she is a bonafide Seller and I am a bonafide purchaser, so I am nowhere in trouble.
But I am not getting any satisfaction as court also knows all these things since Mr. Ram already stated all these things in reply application but after that also court has, for the time being passed a status quo against this property in March'2009. I just wanted to know where do I stand in legality and if there is anything that come against me as owner of the property ? Till what extent bank is responsible and shall I inform bank about it right now.
Pls advise further steps if you think I am in trouble since I was planning to sell this house and buy new one but at the same time I don’t want that the person who will purchase this property should face any trouble later on due to this case.
Anonymous
12 November 2010 at 19:47
sir
child is always the legal heir of parents property
is it possible for father to secure the future of child that the wife should also secure the future of child from her legal light to claim in parents property for her child?
can a father secure his minor child future as the child is also a leagal heir of parental property acquired by law?
can father file a suit for child share in mother property on behlaf of the minor child to give the same taste of law to wife where she claims maintenance for child also?
Anonymous
12 November 2010 at 18:35
R/Experts,
Please guide me on the following query.
The father is ready to execute GPA in favour of his son for the purpose to develop some portion of his open land to the extent of 5000 Sq.Mtr.The son wants to construct function hall on the said plot with the financial help of some financial institutions.The landed property is in the name of father.The question arose before son is that, Being a GPA holder can he mortgage the property for the purpose taking financial aid?
Whether the son as a gpa holder can become the owner of this proposed function hall, if no then which method he should adopt to become the owner of the said land except sale-deed? Father and son are hindu by religion.
Anonymous
12 November 2010 at 17:55
Mr. Ramachandran has given following reply to some query
I have completely gone through the decision of the Supreme Court in CIVIL APPEAL NO.3067 OF 2004 titled Union of India Vs. R. Gandhi, President, Madras Bar Association.
No where the SC has held that all Tribunals should be transferred to Ministry of Law & Justice, as wrongly mentioned by you.
All that the SC has held was as under in paragraph 56:
"(xiii) The administrative support for all Tribunals should be from the
Ministry of Law & Justice. Neither the Tribunals nor its members shall seek
or be provided with facilities from the respective sponsoring or parent
Ministries or concerned Department."
In case of DRT the administrative support is from Ministry of Finance can we give notice to Finance Ministry to susspend the functioning of DRT till the order of SC is complied with & if after our notice the DRT continue to function with administrative support from FM will it be contempt of court.
Anonymous
12 November 2010 at 17:48
wife is not replying her say in child custody case sisnce last four months but the court is only givingher more and more chances
i am suffering from much more expenses for attending court
how can i recover from her so much expenses still incurred on her inability to put her say in reply of child custody?
Anonymous
12 November 2010 at 17:21
35B. Costs for causing delay.
1[35B. Costs for causing delay.
(1) If, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit-
(a) fails to take the step which he was required by or under this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of-
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs.
(b) the defence by the defendant, where the defendant was ordered to pay such costs.
Explanation.-Where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1) shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.]
wife is not visiting the trial court to give witness 498a case is it poossbile to recover the travelling cost from her during pendancy of trial where ever she is not coming to court? by accused on appeal for the travelling expenses are still incurring by innocent parents of husband.
urgent please....
Anonymous
12 November 2010 at 16:52
Mr. Ramachandran has given following reply to some query
I have completely gone through the decision of the Supreme Court in CIVIL APPEAL NO.3067 OF 2004 titled Union of India Vs. R. Gandhi, President, Madras Bar Association.
No where the SC has held that all Tribunals should be transferred to Ministry of Law & Justice, as wrongly mentioned by you.
All that the SC has held was as under in paragraph 56:
"(xiii) The administrative support for all Tribunals should be from the
Ministry of Law & Justice. Neither the Tribunals nor its members shall seek
or be provided with facilities from the respective sponsoring or parent
Ministries or concerned Department."
In case of DRT the administrative support is from Ministry of Finance can we give notice to Finance Ministry to susspend the functioning of DRT till the order of SC is complied with & if after our notice the DRT continue to function with administrative support from FM will it be contempt of court.
Anonymous
12 November 2010 at 16:33
Dear All
I have sold my one acre land to a builder. But that builder cheated with me and gave me one cheque of current date and two other cheques of post dated. At the time registery I asked about cheques the mediator people says somebody is briging cheques from builder office and on their believe I have signed the registery and in the registery only cheque number was mentioned, date was'nt mentioned but when I got cheques one of them is current date and another two were post dated for March 2011 & April 2011. Now I am contacting to mediator people he assured me every day that you will receive another fresh cheques. But time has been overed one and half month.
So what step I take against builder or mediator. Please help me.
Bhoop Singh
Gurgaon
M + 91 9999962475
Anonymous
12 November 2010 at 14:43
which Act governs the private money lending matter in india.
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writ petition
DURING THE PENDENCY OF WRIT PETITION, THE DEFENDENTS HAVE SOLD THE PROPERTY AND AGAIN THE PLAINTIFF HAS FILED A WRIT PETITION AGAINST THE DEFENDANTS AND NEW PERSON WHO HAS PURCHASED THE PROPERTY DURING THE PENDENCY OF THE SUIT, FOR CANCELLATION OF THE FRADULENT INSTRUMENT( SALE DEED) DURING THE PENDENCY OF THE WRIT. IS THE PLAINTIFF CORRECT IN ASKING IN WP TO SET ASIDE THE FRADULENT INSTRUMENT WHICH WAS DONE DURING THE PENDENCY OF WRIT PETITION?