Kiran
01 November 2018 at 23:52
My grand father has made a veel of property to one of his grandson can other grand children process legal action for the same property
Anonymous
31 October 2018 at 13:18
We want to be present for locker opening of demised husband as the will might be kept in locker can my daughter who is minor and mother in law be present for locker opening even after giving the consent of locker opening to me.Bank has asked us to give a legal heir ship letter from municipality.
S HAJA NAJEEMUDEEN
31 October 2018 at 12:58
Sirs,
'X' My younger brother who is handling the rent from the common property is not willing to divide the property among the legal successors ( brothers and sisters). the owner of the property is my father and he is no more. Mother also expired. "X' is owning a house and purchased 2 nd house also. I want my share from the common property owned my father; so also my other brother and sister. How to get the property divided? what is the legal remedy? is it possible to charge conspiracy to grab the property without any valid legal authorization? will complaints against my brother who is a Govt. servant, considered by the Govt. Department authority? kindly advice.
aya
30 October 2018 at 22:44
I had given certified copy of sale deed,copies of tax receipt & submitted to local SHO to register a criminal trespass & evict as per law a distant relative who has taken undue advantage, broken my main door lock & had been using the premises as her own residence without our knowledge ,consent( verbally or written consent not there)
My property is between me,my sister,I own 80% ,she 20% & both us( siblings are not in good terms due to some misunderstandings recently)
Now cops serve her a notice ,the distant relative, asks her to file a reply in 07 days, which she does.in that she accepted she is not our family, nor has any documents to prove otherwise whatever we HV stated in my complaint.she has accepted she has stayed there inside,& added for a twist that my sister & my deceased mother had asked her to stay there inside ( which she just verbally states,no supporting shown or anyone as witness)
The cops write to me saying she is staying there with my deceased mothers permission ( believing her on face value & disbelieving documents submitted)
They go to add that criminal trespass didn't occur as my sister permitted her( again whatever the relative told believed on face value)
Therefore she is enjoying my property right now
Now I found out same relative has her own house nearby & has given her own house on rent,she didn't mention or neither cops asked on this as to why she forcefully occupied without my consent or any agreement, all these years someone else's property when she has her own..
Can I ask honourable courts in light of these facts and statement given by the relative to cops earlier & by what we discovered on her own house existence & it being given on rent & myself staying as a tenant somewhere else
The relative knows that there is some misunderstandings between me ,& my sister so playing that story knowing well my sister will not come there recently as she is indisposed towards anything where we HV a jint title
But me being 80% owner,majority title holder had raised it with cops,gv all necessary documents & even so relative accepted she in no where legally has any rights to this title, still trespass case not regd by cops as that relative has some relationship working in govt.so manipulation worked
My advocate has now to move court to ask court to pass order to cops to fileFIR in this criminal trespass as my prayer is towards documents on record,her statement prove she has no business staying in a distant relative house by means of fraudulent practice, whether someone objects to it or not
Because eviction suit will allow her more time,and allow her to continue staying there till it is disposed off may take years and moreover it will acknowledge her as a interested party to the title suit where present situation is where I believe criminal trespass will allow us to evict her
Please advice suitably. Please we are huge huge stress on the action that needs to be taken.a pvt complaint towards achieving the goal from court to police for criminal trespass can be done with as a prayer? In this scenario
aya
30 October 2018 at 22:39
I had given certified copy of sale deed,copies of tax receipt & submitted to local SHO to register a criminal trespass & evict as per law a distant relative who has taken undue advantage, broken my main door lock & had been using the premises as her own residence without our knowledge ,consent( verbally or written consent not there)
My property is between me,my sister,I own 80% ,she 20% & both us( siblings are not in good terms due to some misunderstandings recently)
Now cops serve her a notice ,the distant relative, asks her to file a reply in 07 days, which she does.in that she accepted she is not our family, nor has any documents to prove otherwise whatever we HV stated in my complaint.she has accepted she has stayed there inside,& added for a twist that my sister & my deceased mother had asked her to stay there inside ( which she just verbally states,no supporting shown or anyone as witness)
The cops write to me saying she is staying there with my deceased mothers permission ( believing her on face value & disbelieving documents submitted)
They go to add that criminal trespass didn't occur as my sister permitted her( again whatever the relative told believed on face value)
Therefore she is enjoying my property right now
Now I found out same relative has her own house nearby & has given her own house on rent,she didn't mention or neither cops asked on this as to why she forcefully occupied without my consent or any agreement, all these years someone else's property when she has her own..
Can I ask honourable courts in light of these facts and statement given by the relative to cops earlier & by what we discovered on her own house existence & it being given on rent & myself staying as a tenant somewhere else
The relative knows that there is some misunderstandings between me ,& my sister so playing that story knowing well my sister will not come there recently as she is indisposed towards anything where we HV a jint title
But me being 80% owner,majority title holder had raised it with cops,gv all necessary documents & even so relative accepted she in no where legally has any rights to this title, still trespass case not regd by cops as that relative has some relationship working in govt.so manipulation worked
My advocate has now to move court to ask court to pass order to cops to fileFIR in this criminal trespass as my prayer is towards documents on record,her statement prove she has no business staying in a distant relative house by means of fraudulent practice, whether someone objects to it or not
Because eviction suit will allow her more time,and allow her to continue staying there till it is disposed off may take years and moreover it will acknowledge her as a interested party to the title suit where present situation is where I believe criminal trespass will allow us to evict her
Please advice suitably. Please we are huge huge stress on the action that needs to be taken.a pvt complaint towards achieving the goal from court to police for criminal trespass can be done with as a prayer? In this scenario
mabusubhani
30 October 2018 at 14:16
According to Supreme court orders Stay order automatically remove if not asked to extend with in six months. this order applicable for all matter & from which date means before this order or after this order
vijayj4.2012
30 October 2018 at 11:09
The query is regarding jurisdiction to file general partition suit. The description as below:
The joint Hindu undivided family having 3 ancestral residential house and 2 factories in MIDC.
After doing all the properties valuations and obtained government valuation certificate of
Sub Registrar for all the above joint family assets which come total valuation as 5.45 crore.
The genealogy of the joint family as below:
NOTE: All the above ancestral properties are situated in Maharashtra and acquired by
Grand Father(GF) in a period 1967 to 1998, as shown below
.........................Grand Father, Male (Deceased)
.........................................|
.....________________________________________
....|........................|.............................|.........................|
... |........................|.............................|.........................|
Son A................Son B....................Son C...............Son D
(Deceased)........(Deceased)............(Deceased).....(Deceased)
[ 1/4 share ]........[ 1/4 share ]...........[ 1/4 share ].....[ 1/4 share ]
.......|...........................|...........................|...................|
.......|...........................|...........................|...................|
....____.......... _____________.......... ____.............___
...|.......|...........|.......|........|.......|...........|......|.............|......|
...|.......|...........|.......|........|.......|...........|......|.............|......|
A1....A2.....,,B1....B2....B3....B4.......C1....C2........D1....D2
My query is:
1. What will be the share of all grandson A1-A2, B1toB4, C1-C2, and D1-D2?
Is it 1/10th share for all (A1 to D2) in 10 equal parts for 10 people.
OR
Is it for A1, A2 is 1/8 each for B1 to B4 is 1/16 each, C1, C2 1/8 each and D1, D2 is 1/8 each.
2. Can valuation of property more than 1 Crore need to file in Bombay high court? If Grand Son D1
want to file general partition suit against all grand son’s.
3. Can jurisdiction of file suit decided on total property valuation cost of 5.45 crore for D1 and
file it in Bombay high court?
OR
Can jurisdiction is decided on D1’s 1/8th or 1/10th share as 68lac or 54 lac and file it in
Senior Division Civil court or District court?
4. Can we need to file suit in High court if we combine Grand Son D1 and D2 both to file partition
suit whose combined share value goes more than 1 crore?
Anonymous
29 October 2018 at 20:16
I am defendant.
Plaintiffs have filed interlocutory application to prolong the trial after giving witness statement and after cross examination and when the issues pertaining to plaintiffs were easily decisive / decidable and almost all issues obviously went against plaintiffs.
Cause of action for IA application was much before the issues were framed and averments in application are contrary to witness statement filed by plaintiffs.
Case is prolonging ( almost three years since application filed). Plaintiffs case is not tenable but he has managed to prolong it. Plaintiffs evidence is over, hearing on IA application of plaintiffs is going on.
I do not know what is going on.
My query is can defendant ask for disclosing of remarks of judges so far on the issues.
Xperts my sincere thanks to you, please reply anything except " why don't you ask your lawyer" neither it is academic query.
Regards
Mr Sreejit
29 October 2018 at 16:43
1. An EX-PARTY ORDER OF INJUNCTION AND STATUS QUO WERE GRANTED ON PLAINTIFF in 2013.
2. Plaintiff had been RELIGIOUSLY submitting petition for EXTENSION of those initial orders on each date of hearing.
3. These extensions had been MECHANICALLY granted with the wording 'Extended till further hearing' by the Judge without introspecting the plausible reason for such extension.
4. On one such occasion the Plaintiff did not serve notice of his filing Extension Petition NOR filed the same before the petition at the Court.
5. The Adv. of the Defendant presumed that since neither the notice of extension petition is served on him nor the same is filed at the Court, he gave a petition to the judge that the Adv. for Plaintiff did not file any petition for extension and as such the Orders got expired due to non-extension and pleaded not to reinforce or effect such lapsed orders which is not prayed upon.
6. The Judge simply ignored the plea of the Adv. of the Defendant and asked the Adv. of Plaintiff to handover the Petition for extension to the Adv. of Def. and the Judge reinstated the ORDERS WHICH WERE ALREADY LAPSED AND EXTINCT.
Dear Experts, kindly advice :
1. IS THE JUDGE RIGHT IN GRANTING WHAT IS NOT EVEN PRAYED BY THE ADV. OF PLAINTIFF?
2. IS SUCH EXTENSION AN OBLIGATION ON THE COURT OR ON THE PARTY ENJOYING SUCH ORDER?
3. How to obtain Order from the Judge to the effect that those Initial Orders were lapsed due to non-extension with RETROSPECTIVE EFFECT ?
Regards and Thanks.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Regarding granting a probate
Sir,
There is a civil suit is going on between me and my uncle for a piece of land.We both produced separate will for the same land claiming rightful owner of that land.
Recently I applied for a probate for the will I have produced in the court,making my uncle a party.I have clearly mentioned in my application that there is a civil suit is going on between us.
The court published a public notice in a news paper that if any body have any objection for the will I have produced,they submit their objection on a particular date.
On that date no body has objected the will I have produced.
Now what the court will decide?
Please advice.