Anonymous
12 August 2010 at 17:54
Respected Experts,
I have a Notarized Agreement of Sale which was executed in the year 1992.Since the property is under dispute with Urban Land Ceiling Authority, now the Government has cleared the said lands. Due to the said reason I could not get registration for all these days. Now the vendors are refused to do registration on my favour . So What I should do.
VIJAY K. TEOTIA
12 August 2010 at 16:44
The stamp paper of Rs 100/- purchased on 10.06.09 from delhi, agreement signed and executed on 15.07.10 at Ghaziabad to be effective from 01.04.10. the agreement related to general business transaction and not related to immoveable property. pl tell legal position.
In another case stamp paper dtd 10.05.10 signed agreement on 12.07.10 at Ghaziabad to be effective from 01.04.10. what legal position emerges.
both documents unregistered and notarised on current date.
venkatkrishna
12 August 2010 at 16:28
I would like to hear from you experts. I am having specific question on maintainability of the suit.
Brief facts:
Insurance Company filed a suit under subrogation of rights without filing the letter of subrogation. on 15/6/1999 the suit was filed. No leave of court sought for filing the said suit without Subrogatin letter. On 20/12/2001 Evidence took place and PW marked some originals. But the Letter of Subrogation was not marked. The back dated Letter of Subrogation i.e 14/6/1999 was filed with a memo on 8/8/2003 and recalled the PW and marked as exhibit.
Pl tell me the filing of the suit on 15/6/199 without letter of subrogation is maintainable ? subsequent filing of the same after 3 - 4 years will give any legal right and the maintainability of the suit is effective. ( it seems the Letter of subrogation was prepared with back date and to getrid of the defective suit.)
VIJAY K. TEOTIA
12 August 2010 at 14:27
a power of attorney is given by the company in favour of a person to do some activities during a particular period and subsequently company wants to withdraw the same and further to give to some other person. the GPA is unregistered but notarised. what is the way to revoke earlier power and to grant further to some other person?
nagarajupatro
12 August 2010 at 14:00
Dear ld. Seniors
A family - father,mother,2brothers and their wifes,sister, all r living seperately. one of the member i.e., younger son in the family wants to establish public charitable trust for social service and intended to name his mother as settlor and he wants to be the chairman. Mother can be SETTLOR? And that son can b the trustee /chairman of the said trust? next what about the settlor whether she can be the chairman? How a managing trustee or secretary will be appointed. whether it is essential to have a joint bank account before registering the trust or it can b done later the registration?
pls reply in detail
soon sir,
pratik
12 August 2010 at 13:22
6. Suit by person dispossessed of immovable property.- (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought-
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
Query :
1) So as per saying of the section 6(2)(b) of the specific relief act, 1963. No suit under this section shall be brought against the government (Government includes both state & central Government). It seems as per the interpretation of the above mention section we can say that if the property sold to the govt we cannot file a suit or we cannot file a writ petition or any other petition also which are available under the indian consitution of india.
2)So also as per the section 6(3) of the specific relief act, 1963 we can say that the aggrived party don't havave the right to file any revision, review or appeal or any kind of writ petitition or any petitition allowed under the indian consitution of india.But after regarding the section 6(4) the language says we can file the appeal in any matter or any writ petition also is maintainable. so can we say exaclty that we can file a appeal under section 6(2)(b) & Sub section (4) also.
3) Also which section can override or overrule the other section how can we known that any section overrules or overrides the other section under the same act or any other act. If possible with the help of a example(S)(S).
Pls elaborate the topic in detail clearlfiy my doubt because it created more confusion also with the examples. Pls explain me in detail or any case laws. pls be make me clear that what does the section speaks & which overrides or overruels the other how to known that the section overrules or overrides the other one.
Thanks In Advance.
GOD BLESS U ALL.
Rajyaguru Maheshchandra ramesh
12 August 2010 at 13:05
whethere so called general Power of atorney which is done by the person who has aquired the the property from self earning but without concent of his wife, stands legally and binding to the wife after the death of her husband?Whether it stops the wife from her rights to in herit the propety as the only succesoof her husband?
RAJYAGURU
Anonymous
12 August 2010 at 12:25
Pl. clear our following doubts:
1) Can excutors be beneficiary as well in a Will. We have two married daughters and we wish to name them as joint excutor and beneficiary of our estate on our death ?
2) Will it be necessary to have probate in such will as our daughters are the only beneficiaries in the Will and there is no dispute what so evsr ?
Regards,
Anonymous
12 August 2010 at 10:54
Hi,
1) Can a land of a Private trust in Tamilnadu be sold by its heridatary trustee, by his sole discretion ?
2) What are the key issues for a person to buy the property of the trust ?
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Exemption from arrest.
135. Exemption from arrest under civil process.
(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to person in execution of a decree.
Query : 1) What does the judgment debtor means & the sub section 2 & 3 of the above mentioned section says in detail with the example pls.
2) As per sub section if the process is of contempt of court than the person mentioned under the sub section 2 can be arrested it means that or any other meaning appears pls correct me. Also defination of civil process as per the section 135 of the CPC.
3) Again pls explin me in detail what sub section 2 & 3 what's to convey in detail if possible with the help of a example(S).
Thanks In Advance.