raj kumar reddy
18 September 2010 at 22:23
SIR,
I have entered into registered Development agrement and general power of attorny.
1) to construct residental flat in owners land 1134sqyards.
2) as this is development agrement owers were given38%share in carpetarea constructed,we got 62 share.
3)their are 7 landloreds with whom we have entered into this agrement.ie father and his 2 sons & 4 daughter,total 7 members
4) All the 7 landlords were alloted flats according to their shares(38%)
5)HAS A buildercompleated construction of flats and given flats fallen to the share of landlords.
6) 13 flats were given to the share of land lords
7) 10 days back father expired, this property is of ansisters.
please give your suggestion,
1) Do i have rights to sell and register the flats fall to my share (builder)
2) is their any section in law which says i have right to my share,because we have invested money in construction.
3) if one gpa holders dies,what is the validity of gpa in this case, please help me outsirs,
Anonymous
18 September 2010 at 21:24
Hello Sir
i have taken a loan on credit card of Rs. 2 lacs but after some time, i found myself unable to pay the EMI, after negotiation with bank, the bank told me to convert full debt of loan & credit card bills into one account & they gave a repayment plan then i opt that & give them cheques.
i have paid 8 EMI but from april 2010 unable to pay EMI of bank. my case is in the 5th level. now they called me & telling that they will file a case against me bcz of cheque bounce.
they also told me to settle the case but they are asking for 70% of amount.
i want to know. wht should i do.
can they file a case on behalf of cheque issued by me.
some people told me that if they file a case then it will be dis-qualify on the first hearing if court come to know that it is a matter of personal loan on card.
Plz advice me as soon as possible.
Anonymous
18 September 2010 at 19:31
A family settlement arrangement was made between the father, mother, wife and minor daughter (represented by mother) of deceased elder son and younger son, on the death of the elder son, being that the grand parents shall keep a fixed amount for the child’s long term. And the younger son shall pay a fixed sum to the wife of the deceased elder son for relinquishing her and daughter share in a joint property of the two sons and a Lic death claim to be give to the wife even though the father was the nominee.
The Lic money was paid (accepted by the wife in court), the fixed amount was deposited for the child (but four months late then the date fixed) (here the wife says I don’t know regarding this having been done) (in court) .The wife of the elder son under influence of her brother did not relinquish nor the money was paid. Had moved court asking for partition of property and saying the family settlement is no more valid by blaming the younger son that he did not give the amount before hand before the fixed date prior to her signing. (Were as these things are done simultaneously by registered deed) Trying to take benefit of the minute details, which were not mentioned in the settlement at the time of making the agreement.
In a judgment of a lower court the court has dismissed the case saying that the all concerned parties are not in the case. (Mother being 1st class heir was not a party in the case as the wife was asking for 50% share of the property and the court preferred to remain silent over the family settlement). Now the younger son has moved the higher court for relief under the family settlement.
Q.What is the loco standing of the family settlement arrangement, which has partly, been implemented from the parents and younger son side?
And once the case is dismissed what are the options left to the wife of the deceased to file in the higher courts? To file fresh partition case?
HARVINDER SINGH ANAND
18 September 2010 at 18:17
Under high court rules or general civil rules can one obtain certified copies of a reconstructed file which was prepared by certified copies?
PrnBCRBant
18 September 2010 at 15:19
Facts of the Case :
Mr X purchased a property in individual name, subsequently formed a partnership firm with say Mr.Y, which is registered with the Registrar of Firms & put his property in to partnership business (citing it in the accounts of the firm). Subsequently the firm is dissolved by a dissolution deed in which the property has been allocated to the share of Mr.Y, the Other partner & the said dissolution deed is registered with the registrar of firms paying requisite stamp duty inclusive of the property. Now my question is
1) whether the property standing in the name of Mr. X who has retired from the firm automatically gets transferred in the name of Mr. Y as per the deed of dissolution regd with the registrar of firms?
2)whether this is equivalent to transfer of property legally described in the T.P. Act.
3)if question no. 1 & 2 are in affirmative, then what is percentage of share of title transfered in the name of Mr. Y.?
Anonymous
18 September 2010 at 15:03
respected experts/sirs, i would like to know whether section 151 is necessary to file along with recall of pw1 when pw1 evidence is closed and when respondents filed the chief evidence affidavit. Is is true that section 151 c.p.c is not necessary hope you would enlightem me on this aspect with apex court Judgements if any
Anonymous
18 September 2010 at 14:46
DEAR SIR,
WE ARE TWENTY FIVE TEACHERS PERMANENT WORKING IN THE TGT GRADE AT A ASCHOOL IN LUCKNOW AFFLIATED TO THE DBSE BOARD.
FROM APRIL 2009 THE SCHOOL HAS BEEN DEDUCTING 10 PC FROM OUR PAY AS PF CONTRIBUTION BUT HAVE NOT REMITTED ANY FUNDS TO PF OFFICE.
WEE HAVE COMPLAINED TO THE PF OFFICE.
TODAY SURPRISINGLY THE PRINCIPAL HAS ON HER OWN , AFTER GIVING US NOTICE, REFUNDED THE ENTIRE AMOUNT DEDUCTED IN INSTALMENTS DIRECT TO OUR BANK ACS STATING THAT PERMISSION FOR DEDUCTING PF AMOUUNTS HAS NOT BEEN RECEIVED.
THIS IS A GROSS VIOLATION OF THE PF ACT AND WE PROPOSE TO PROTEST THIS ACTION
KINDLY GUIDE US IN THE MATTER.
Goutam
18 September 2010 at 00:17
My grievance
1.A dispute was occurred between me and my brother regarding that property which was left by our deceased(died) father.My father was not made any will for his entire property. My elder brother file a suit against me for the eviction of the said property and for the whole possession of the said property. His main purpose for filling a suit to recover or possess the whole property of the deceased.
2. In the district court the decision was given in the favour of my elder brother.
3. Then at that time i had filed an appeal against that order.
4. At last when i was also defeated in the S.C a compromise had been done between me and my elder brother. According to which he was ready to give me a very small part of that property
5. Due to some circumstances and disputes between the Govt. the registry process or(registration of sale deed)of the district(in which my property is also included) was prohibited or closed by the govt.
6.So my elder brother executed a power of the attorney for that property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
7.During the lifetime of my elder brother i have been made an agreement to sell that property in favour of my son.
8. After making the agreement to sell of that particular property my elder brother has been dead.
9. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
10. ( I have made an agreement to sell the property because the registry process is closed by the govt. till now for that area.)
Plz tell:-
1. An agreement to sell that property in favour of my son executed by me is legally valid or not.
2.Whether i can continue that agreement to sell the property after the expiry of its period, if registration process will be closed. Or the real maker of the power of attorney has dead.
4.After the opening of the registration process by the Govt. or court:-
(i) I am legally able to sale that property in favour of my son.
(ii) Will my son become the real owner of the said disputed property.
5.Whether any child of the deceased elder brother can claim for the above stated disputed property.
Goutam
18 September 2010 at 00:15
My grievance
1.A dispute was occurred between me and my brother regarding that property which was left by our deceased(died) father.My father was not made any will for his entire property. My elder brother file a suit against me for the eviction of the said property and for the whole possession of the said property. His main purpose for filling a suit to recover or possess the whole property of the deceased.
2. In the district court the decision was given in the favour of my elder brother.
3. Then at that time i had filed an appeal against that order.
4. At last when i was also defeated in the S.C a compromise had been done between me and my elder brother. According to which he was ready to give me a very small part of that property
5. Due to some circumstances and disputes between the Govt. the registry process or(registration of sale deed)of the district(in which my property is also included) was prohibited or closed by the govt.
6.So my elder brother executed a power of the attorney for that property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
7.During the lifetime of my elder brother i have been made an agreement to sell that property in favour of my son.
8. After making the agreement to sell of that particular property my elder brother has been dead.
9. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
10. ( I have made an agreement to sell the property because the registry process is closed by the govt. till now for that area.)
Plz tell:-
1. An agreement to sell that property in favour of my son executed by me is legally valid or not.
2.Whether i can continue that agreement to sell the property after the expiry of its period, if registration process will be closed. Or the real maker of the power of attorney has dead.
4.After the opening of the registration process by the Govt. or court:-
(i) I am legally able to sale that property in favour of my son.
(ii) Will my son become the real owner of the said disputed property.
5.Whether any child of the deceased elder brother can claim for the above stated disputed property.
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