Anonymous
03 August 2010 at 04:39
My dad possess a 10 cents(=500sq.yrds) of open land in the main town of srikakulam dt.beside to it his cousins who are 3 in number, are living there since 1980.The youngest of the 3,plans to construct apartments with the help of his friends 2 in number who in the past has been involve in real estate business.It can only be possible if my dad sells the land,as aftr which both land would measured to 1000 sqyrds.he is agreed to pay Rs.40lac to my dad.The real conflict lies in the mode of payment.The purchaser wants to pay rs.5lac as an advance and later amt they wanted to pay by the end of october,2011,i.e. aftr their completion of project.My dad personally feels it would be incorrect to wait for more than 1 yr.
so kindly do tel me what would be the legal procedure to this matter.Legally by which period should realtors must pay the complete amount to the land owner.
My dad is very much interested in selling the land as with that amount he would be able to marry his 2 daughters.but he wish to know the legal procedure in selling of land to a builder.
pratik
03 August 2010 at 00:49
Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.
Query : Which section says that Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.& also if what is the difference between filing a suit for declaration of your tile & letters of administration from the court what will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
Thanks In Advance.
pratik
03 August 2010 at 00:42
1) Basic example & differnce between notwithstanding & overriding effect.
2) What section 80 of the CPC says & its also appliacble to the parilament members till PM & president. (It also includes Chief Justice of India Actually what is role of the Chief Justice of India can a Chief Justice of India & parilament members till PM & president are known as Public Officer as per the section 21 or judicial Officer as per artilce 217 of the indian consitution. Also i have known that a bill is signed by the president than it becomes a Act but if there is any amend or repeal in indian constution of india than who's assent is required & the person who's assent is required have to take the permission for any higher authority who is over & above him.
Thanks In Advance.
pratik
03 August 2010 at 00:19
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.
Query : So as per the above what is the meaning of two or more such Courts in succession.So can we say that same like high court other court is also there becasue as per artilce 217 the words "MORE SUCH COURTS " are used. & also the meaning of judicial office.
So what is the difference between judicial office as per Article 217(2) in The Constitution Of India 1949 & section 21 of the indian penal code, public officer. Who is the more powerful & the advanatges in stauts & also which powers they have as per the Article 217(2) in The Constitution Of India 1949 .& Section 21 of the indian penal code. Can we say that the judicial officer as per the Article 217(2) in The Constitution Of India 1949 is also called as Public officer if yes than Public officer is also called as Judicial Officer. Pls tell if i am wrong.
Thanks In Advance.
pratik
03 August 2010 at 00:06
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2523 OF 2008
Anand Singh & Anr.
Versus
State of Uttar Pradesh & Ors.
WITH
CIVIL APPEAL NO. 2517 OF 2008
CIVIL APPEAL NO. 2518 OF 2008
CIVIL APPEAL NO. 2519 OF 2008
CIVIL APPEAL NO. 2524 OF 2008
CIVIL APPEAL NO. 2525 OF 2008
CIVIL APPEAL NO. 2561 OF 2008
CIVIL APPEAL NO. 2731 OF 2008
CIVIL APPEAL NO. 2724 OF 2008
AND
CIVIL APPEAL NO. 2703 OF 2008
Query : What do u mean by this numbers 2731,2724,2561,2525 & why the top no is given 2523 of 2008. Why is numbers actually are given & what are the use of it in civil appeal what to understand in this numbers.
Also on the top it has written CIVIL APPELLATE JURISDICTION So it seems that if the case is criminal than criminal APPELLATE JURISDICTION should be written on the top pls tell me i am right or wrong also which sections says that we have to write on the top CIVIL APPELLATE JURISDICTION. But if it is form original jurisdiction then we have to write civil original jurisdiction & criminal original jurisdiction pls tell me is it right or wrong.
Thanks In Advance.
pratik
02 August 2010 at 23:51
Memo cannot be filed in all cases. CPC makes it mandatory to file vakalaths in all civil cases and appeals and other proceedings before civil courts. Memo is filed only in criminal proceedings before the criminal courts.
Query : The Answer is said by the LD members but as per which section pls . OR Case Laws. So if we interpreted in the abovementioned we can say that in criminal proceedings memo should be filed & no vakalaths is required if memo is filed we can say that memo is complusory to file & if the memo is filed than vakalaths is not complusory am i right.
Thanks In Advance.
Anonymous
02 August 2010 at 22:15
This is in respect of my proper ty situated at my native place. The total extent is 426 sq. yds with a dilapidated house thereon. The property shareholders are three i.e. myself, my mother and brother, who expired during 2006 and his share of 176 sq. yds passed on to his wife i.e. my sister in law by virtune of his will executed before his death with absolute rights. The problem has commenced with my sister in law, who intend to dispose the property alongwith me and my mother, who is staying with me and I am working in Hyderabad. During this process of disposal of property she has taken Rs.10000/- advance amount from one of the brokers located at my native place and another broker, who want to pay a little bit high amount has approached me and requested for my share and mothers share put together 256 sq,yds. Then I suggested my sister in law to dispose the property to the person, who is paying a little bit high amount. The second broker has prepared a DDs of Rs.2.00 lakhs in my name and contacted me at Hyderabad. Since my sister in law has already taken an advance amount of Rs.10000/- I have not agreed to his proposal since already one broker is entered in the transaction orally. In both the cases I have not signed any agreement of sale. But the second broker has recorded my voice for disposal of the property in his cell phone and started threatening me and demanding either I have to sign proper sale deed i.e. by all the three persons or else pay Rs.1.00 akh compensation for not coming forward for registration of the property. The entire drama was played by me sister in law. Since my sister in law has not agreed to sell his share, the first broker has issued a legal notice during March 2010 as If I entered an agreement of sale with him and asking me to register the property i.e. my share only. Though the property belongs to three parties including my mother, the notice was issued to me. I replied to his legal notice and the matter is silent for quite sometime. In the meantime, the second broker with a pretext to purchase the property for construction of house has issued a legal noice to me now recently and asking me to register i.e. proper sale deed or pay compension of Rs.1.00 lakh,
The second broker purchased the DDs during Dec.2009 and kept with him all the 6 months with delivering to me or entering any type of agreement of sale and just before the period of lapse of DDs and approachaed me with old dated sale agreement with 2.00 lakh DDs for the entire land and demanded my signature. I refused to sign on the old dated agreement and DDs not delivered at any point of time. In Both the cases, I have not entered any agreement of sale. I am of the opinion because of my absence fro m my native place and diffierence that has taken place between me and my sister in law, parties stared issuing legal notices to me. Now the second broker issued legal notice recently and I appointed a legal adviser at my native place and got issued reply to his notice. One more notice was issued to my sister in law for partition of the scheduled property. Today I received a summons from court issued by the first broker without plaint copy. I contacted my legal adviser and he suggested me to send the summons with vakalat. I am in the process of sending the same. The second broker might have recorded my voice in the cellphone for the disposal of the property and trying to give reality to the situation by producing Xerox copies of DDs and gathering his associates for this transaction etc. Please suggest me whether based on the cellphone recording without any agreement of sale, the parties can claim the property with lowest rate, as compared to the prevailing market price. How far it is justificable. I am working as a branch Manager and not in a position to supervise my property. What is the best solution for me to overcome this problem. I appointed the eminent lawyer and met him a week back and narrated the incidents step by step . All these things have taken place because of my sister in law collided with these fellows and I am constrained to receive the notices and I request you to suggest me the suitable remedty available to me.
1. I intend to contest the case for the false allegation made against me without any agreement for sale.
2. Whether I can file partition lsuit simultaneously to dispose my share atleast later.
Thanking you, in anticipation of your reply.
Anil
02 August 2010 at 20:52
My father (Mr. B) purchase a property from a landlord (Mr. A)
Mr. A gave GPA in my father name (Mr.B)
My father never registered this property.
Both Mr. A (Landlord) and Mr. B (My father) died.
Based on my father death certificate, my mother got Khata, and all taxes are up to date.
Now my mother wants to register this property in my name.
1. Is it possible to register?
2. I am planning to sell this property, how can we sell this property?
Note: We don’t have no clue about landlord family where about.
Muneeswaran K
02 August 2010 at 19:33
We have a welfare society. I wish to give a piece of land to the society. I want the land to go with the society without any problem in the years to come. As some of the members are not good minded, problem may come to the land. The land should not be allowed to be sold/ mortgaged/rented and avoid the misuse or loss. Kindly tell me how the property should be transferred to the society so that no change of title/misuse can be done by any body.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Pending Contempt Proceedings New Facts
Dear All,
In a Civil Suit for recovery pursuant to order on Application of Order 39 Rule 10 CPC simultaneously Contempt application has been moved by the plaintiff.
Meanwhile one of the defendant has come to posess some additional documentary evidence repudiating the assertion of plaintiff and contradicting their version. What is the best way out now. The matter pertains to Delhi.
Kindly advice with case law.
Best Regards
Daksh