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Prakash   11 August 2010 at 10:46

Partition Query

An Oral partition of ancestral property was made between two brothers about 50-60 years back and they were having the benefit of the respective shares allotted to them till recently.

One of the brothers died about 40 years back. The surviving brother and the sons of the diseased brother entered into a partition list in 1990 citing the oral partition made and the properties allotted were listed in the partition list drafted by a senior advocate. The partition list is unregistered.

About few years back the grandsons of the diseased brother have filed a suit against all other family members claiming their shares.


My Queries

1) Wanted to Know if Oral Partition done long back is valid, and in case Yes what are the points that needs to be highlighted to court.
2) I would like to know the reference Case numbers for which the Courts has passed the judgments for Oral partition Cases. Kindly let me know for reference.

3) What are the disadvantages of not having the partition list unregistered?

Kindly address my queries which will be of great help to me at this point of time.

Daksh   11 August 2010 at 10:12

Formation of Cooperative whether can counter acquisition

Dear All,

For the purposes of acquisition of agricultural land usually the plea taken by the LAC is that the land is required for public purpose. My query is if before the initiation of notification of acquisition if already the land owners have formed the cooperative society and as per its articles it is engaged in carrying public functions then in that eventuality can the acquisition modalities can be legally frustated for once and all.

Kindly enlighten me.

Thanking You

Best Regards

Daksh

Daksh   11 August 2010 at 10:01

Whether a friendly loan can be conditional?

Dear All,

A took a friendly loan from B for purchasing a bike and at the time of purchase the B provided the money by swapping his credit card.

Now the relationship does not remain cordial and instead of taking the money the B wants the bike and is insisting of making the balance payment and pressurising A to transfer the ownership of bike in his name. (Is it lawfully right and possible).

What is the way out.

Kindly comment.

Best Regards

Daksh

Ladhu Ram Chowdhary   11 August 2010 at 09:07

suit for specific performance of contract

If the written agreement, which is basis of such suit is not duly stamped or is unstamped and /oris unregistered than what options are open for the party and the court ? wherther such document is admissible in evidence for collateral purpose?

G.Padmanabhan   11 August 2010 at 08:55

High Court's interim order


In a petition u/s 482, HC grants interim stay for two weeks of the proceedings before a magistrate's court in the Misc. Petition . Orders notice by then. Memo filed in magistrat's court as to the factum of interim stay. Proof of service of notice filed. But, the matter is yet to be listed again even after 5 weeks. Meanwhile, next hearing in the magistrat's court is coming up in a couple of days. Technically, the interim stay granted by HC was only till 15-7-09. Can the magistrate proceed with the case ? or he can't till the stay is vacated in high court?

G. ARAVINTHAN   11 August 2010 at 07:07

Commercial purpose?

is a purchase of scan machine to a hospital a commercial purpose under Consumer Protection Act?

DR.SANAT KUMAR DASH   11 August 2010 at 01:00

Mental Agony

what is the legal meaning of Mental Agony?? How to prove that one has Mental Agony?? Request all the learned members....Is there any case-laws of HIGH COURTS or the APEX COURT of INDIA??

kamlesh   10 August 2010 at 22:45

cpc order 22 rule 11

if trustees of the any property was die , than there will be any rigths to the represantative to the property under the given section ?

anshul sangal   10 August 2010 at 22:42

amendement in affidavit

is there any ruling of high court or supreme court related to amendment in affidavit.

Anonymous   10 August 2010 at 18:31

evidence of pw2

pw chief evidence was filed but pw1 was not cross examined despite several opportunities by the defendents cousel after forfeiture respondents filed a petition for reopen which was dissmissed respondents never prefereed appeal then pw2 chief affidavit wass filed some unto ward incidents has happened where respondents have filed a petition for demarcation fo sy No's but to petitioners bad luck petitioners documents there was no mention that their sy No is falling in a common layout. during the pendency of the cross examination demarcation was done. but to the suprise of petitioners the petitioners have found their sy no is falling in common layout in some documents what is the fate of the demarcation . since the respondents have knowledge their sy no is in common layout. before finding the documents pw2 was corss examined what is the fate of the pw2 when the documents pertaining the petitioners sy.No is common layout which is laong withthe sy.No of the respondents.