Amandeep Singh
21 February 2010 at 12:22
My father Gurchaaran Singh after death left two properties one at Mohali and other at LUDHIANA. aS PER ARBITRATION AWARD the property of Ludhiana came to my share and property of Mohali to other brother.MY brother challenged the Award and demanded that the Award may be set aside on the following ground, that he has spent Rs. seven lac for the reconstruction of Ludhiana house and also demanded that an oral promise was made that RS. 19 LAC will be paid after issue of TS 1 OF M.Corp.He has no proofs in respect of such claims and he had not spent any amount in respect of the same.
After that a compromise deed has been signed in court and it was accepted that RS.549,000 will be paid to my brother and the para reads as under :
"0n receipt of Rs.549000 all the claims of Kuljit Singh in respect of the estate of
GURCHARAN SINGH shall be fully settled."
Please answer how much money I have to pay my brother Kuljit Singh.
Y.P.Sharma
21 February 2010 at 11:46
Dear All,
Please help in the following:
We have land which was in the name of my Sister earlier.I was the GPA holder of that Land. in 1992 i made an agreement with A for pledge(rahan) of the land in Rs. 4lac & given the possession.But I received only Rs. 2lac, and A refused to get this agreement registered & did not paid balance Amount.And due to his Political approach he got the girdawari khasra in his name for that land as "gair marusi"& the concerned recors is missing from the office & moreover not notice was served to me.In 1998 I transfer title of the land in the name of my two sons i.e.B & C.
In 2001, A had cut some of my trees from that land. I made a application to the local P.S. but due to his political links it was of no use.However the senior officer of P.S. put us underpressure to sell the land.We went to the sub registrar office & made a agreement to sell of the land in favour of A in Rs. 4Lac & B received the Amount of Rs.50K but C was absent at that time so in place of C, I sign the Agreement.In that agreement it was written that we have the dispute of land with A.And he has possession over land from 1992.There are some trees,Tubewell & machinery of B&C is left which they would be take away before the Registry of the land.and date of registry was fixed after two months.
On the date of Registry,B got himself present in the s/registrar office.
In the year of 2004 A made a civil Suit for specific performence which is represent by his legal heirs as he died in 2008.
Apart from this D,son of A made a appication to Asst. Coll. Grade II for durusti of giradawri(possession) in his name on the basis of possession/Sell agreement.In reply of this application C has asked him under which capacity he is demanding the same but this appeal has rejected by the A/Coll.
Pls advice what should we do,keeping in mind,that possession made was unathorised.
vijay
21 February 2010 at 11:41
MY friend is having two name at present. Some of his documents are in one name and some documents are in another name.How he can chancell one of the name ?
Anonymous
21 February 2010 at 09:46
Can a defendant move an applicartion under order 39 R1&2 and particularly when the relief sought is contrary to the relief sought by the plaintiff? Please cite a decided case on the subject.
Anonymous
21 February 2010 at 09:45
Can a defendant move an applicartion under order 39 R1&2 and particularly when the relief sought is contrary to the relief sought by the plaintiff?
Anonymous
21 February 2010 at 09:27
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
V.V.RAMDAS
20 February 2010 at 23:38
Friends,
My problem is - a canadian lady came to my place on tourist visa and filed a suit in the local Civil Court for right, title, interest and recovery of posession of a Trust property as she was giving charity to the said trust. Hence I would like get it clarified that (1) Whether such foreign lady can file a suit in indian court without the permission of the Indian Government ? (2) Whether she is entitled for Court fees exemption ?( ladies are exempted for payment court fees in orissa) So whether that provision is extended to the foreigner ?
Jibanananda Goswami
20 February 2010 at 21:08
A registered Society (Jan Shikshan Sansthan) has a Board of management that was formed on 26-02-09 for 3 years. The society is sponsored by Ministry of HRD, GOI.
On 04-05-09, the Chairman placed a freeze order on the Bank account of the society without specifying any cause. He also ordered that "....trainings will continue as usual" He did not asked any other members for approval.
I asked about it from Bank (UBI) through RTI and the Bank said that "As per Indian Contact Act, any member can place a stop payment/freeze order to the account"
I sent another RTI to the M/HRD and they answered "No such power is vested in the Chairman of JSS"
Now the questions are
1. Is the Contact Act applicable to a registered society?
2. If the majority of Members support the normal operation of Bank account then can any one member stop the operation?
3. The fund was allotted by M/HRD for literacy and vocational trainings. Can I file a PLI against the Chairman?
4. If the employees (are not getting salaries from May-09 due to the stop order) want to claim their salaries they will send notice to the Chairman. But the Chairman is not found in his official address. So if nobody receive the notice, how to start a case?
5. Under which court the matter is to be placed?
6. Some employee's contract term is going to end very soon, but their salaries are due. Is their any process to extend the period until the matter is solved?
vijay
20 February 2010 at 20:56
I (mortgagee)entered into simple mortgage deed in the year 1995 for an amount of 100000/-.There is no stipulated date for repayment.Possession is with mortgager only.On 1999 mortgager gave 70000/- by cheque.Upto this date mortgager telling their sad stories and not giving mortgage amount. Only last month I came to know that the mortgaged property already sold by the mortgager in the year 1998 itself. What is my remedy to get back my money.Can I go Civil as well as criminal?
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Limitation - s. 28A of Land acquisition Act
A division bench of Allahabad High Court has held that for an application for re- determination of compensation amount under s 28A of the Land Acquisition Act, filing of certified copy of the award is not mandatory, there fore, time spent in obtaining the certified copy can not be excluded from the limitation period.The high court set aside the order of Addl. Collector on the ground that application was filed after 90 days. - [(2009)4 UPLBEC 3725].
Is aforesaid view of the court correct?