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g.vijaya kumar   05 June 2010 at 19:14

claiming of rights on ancestral property

parttition for 20 cents of lands in Kerala from my mother side which was completed some where in 1970's and my mother got 08 cents of land and part of a building. The other parties namely my grand mother, three uncles and two aunties got their share in the 12 cents along with the other portion of the building. In due course, my grand mother expired, one uncle and two aunties leaving their heirs. In the year 2008 the elder uncle who was a disabled and unmarried and passed without leaving any will. The most important thing is the younger uncle along with his family consisting wife and four childrens residing in some part of the building and leaving some of the part for rental duly enjoying the full benefit of the rent and other income. He also not willing to allow any other legal heirs to share the building and also not to give the shares to others. I want to know that:
1. Whether my mother is entitled to the share of my grand mother ? If so how we can claim it?
2. Who are eligible for the share of my deceased uncle who was disabled and unmarried and what is the speedy process to claim it?
3. How can we vacate the tenants from the building who were allowed by younger uncle without the consent of others?
4. What are the legal actions can initiate against my uncle?

Anonymous   05 June 2010 at 18:32

yesterday's query continuation on IA for depositing rents...

(THIS WAS MY YESTERDAY'S QUERY).

Sir,

((my tenant is not giving rents since 2 years.

he has filed IA seeking permission of court to deposit rents but has not done till date.

In the absence of written agreement he has falsely stated lesser rents, even that he is not paying.

I am surviving on rents only for my livelihood.

It has become difficult to sustain my family.

My counsel is not guiding me properly.

Respected Sir, What should I do?

PL FOR GOD'S SAKE ADVICE ME WHAT TO DO?

THANKS))



In continuation, the problem is that my:-

tenant has obtained a interim injunction against me and is troubling me with out paying rents water bill and untimely paying electricity bills.

Allegation is that i have threatened him with anti social elements.

Tenant has not approached the police to complain, knowing that the allegation is a false.

He is showing less rents in the absence of written agreement in the form of fake rent receipts that are forged.

The extent of plint area of the rented residence stated in the plaint by tenant is half than what he is actually occupying.
This is how is misguiding the court.

He is using the house for other than residential purpose. I have docs to support my claim and filed in court.

I badly need rents to sustain my family as the only source of income.

Its 2 years since he gave rents. He filed IA seeking court permission to deposit rents as we refused it.

I am preparing to file eviction suit as per your advice.

What grounds should i state in the counter to see that the interim stay is immediately lifted.

Pl advice me madam/sirs.

Thanks.

pratik   05 June 2010 at 17:34

Indian PEnal Code

Meaning Of Treepass AS per Indian Penal Code, 1860.

If Possible any examples & NOTES.

tHANKING U ALL EXPERTS IN ADVANCE.

pratik   05 June 2010 at 16:55

Easement act

As Per Section 4 what is the meaning of Easement with the examples. Pls Because the examples give under the act is not properly understood by me as per the definition. so pls it is a request to make me understand the defination in detail & also the example(s) in details pls.

the extract of the section 4 are as belowmentioned:

4. “Easement” defined.- An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Dominant and servient heritages and owners The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.

meaning of beneficial enjoyment .

Thanking u all experts in advance.

Anonymous   05 June 2010 at 15:43

need judgement or petition

any judgement, petition , suit or order against soft drink company in the case of worms or other insects found needed...

Anonymous   04 June 2010 at 23:25

property partition dispute with an advocate brother

Dear all, we are two brothers and my brother is 12 years older then me. our father passed away 7 YEARS ago. In 1994 my father sold a propertyfor 8 Lacs in our native place and bought a property in visakhapatnam for 3 Lacs and registeref on my brothers name(my age 15). Now the property value gone up and two years ago we gave that propety for development to a builder. here i have not signed any contract agreement. recently with out my consent my brother sold all flats and telling they r his own property.

Anonymous   04 June 2010 at 21:22

can i file IA to make tenants deposit rents

Sir,

my tenant is not giving rents since 2 years.

he has filed IA seeking permission of court to deposit rents but has not done till date.

In the absence of written agreement he has falsely stated lesser rents, even that he is not paying.

I am surviving on rents only for my livelihood.

It has become difficult to sustain my family.

My counsel is not guiding me properly.

Respected Sir, What should I do?

PL FOR GOD'S SAKE ADVICE ME WHAT TO DO?

THANKS

kinston jerold. S   04 June 2010 at 20:08

property

super stucture is in the name of one x and y, "A" had purchased the super structure from y and purchased the land from z(who is the real owner of the land)and the entire super structure was demolished and "A" had put up a puckka construction in that propert.
now one "Mr.B" is claiming "y" is the concubine of his father "X" and he is entitiled for the share in the super structure.
now A is in posession and enjoyment of the scheduled property and he is enjoying the benifit of injunction. whether B is entitiled any right after removing the superstucture.
what is the remedy available to "A"

Anonymous   04 June 2010 at 17:42

CASE LAW RELATING TO SEZ ACT

Dear All,

I am in desperate need of study material and case law concerning the "SEZ ACT".

Any input from all seniors and bretheren collegue is really appreciated.

Best Regards

Anonymous

Anonymous   04 June 2010 at 15:44

cause of action

sir i am a plaitniff in a suit relating to partition. i studied upto 10th class (telugu medium). i brought a partition suit against my full blood brother. the cause of action mentioned by my counsel was with out my knowledge and during my cross examination i have stated against to the cause of action, as per my counsel's advice, which resulted in the dismissal of the suit and the same counsel has gone for appeal with same cause of action unfortunatley he passed away recently. later i came to know about the controversy in my suit after approaching another counsel. now pls suggest me what i can do as the suit's property is worth of 100 crores. the suit property is ancesstral.pl suggest me as early as possible
thanking you