yogendra prasad
21 January 2010 at 00:16
I permitted my brother with his family consisting of his wife and two children to stay in my house for approx 26 years.Brother is expired, his daughter married and shifted.
The widow and his son (my nephew) are refusing to shift to a property also given by me. I have been giving my brother monetary help also all these years as he was financially weak.
The property is self purchased property by me from the Nagpur Improvement trust in the year 1966 with my self earned money and is registered in my own name.
We are four brothers and two sisters and father is no more. Now the widow has filed a suit against me for partition of the property saying the property
was purchased by my father and therefore is a HUF property and should be partitioned. She has given no proof for this.
She is taking adjournments from the first day of hearing from the last four months and is demanding a large sum for settlement outside court.
How can I evict her as early as possible.
YV Prasad, Nagpur
yogendra prasad
21 January 2010 at 00:12
I permitted my brother with his family consisting of his wife and two children to stay in my house for approx 26 years.Brother is expired, his daughter married and shifted.
The widow and his son (my nephew) are refusing to shift to a property also given by me. I have been giving my brother monetary help also all these years as he was financially weak.
The property is self purchased property by me from the Nagpur Improvement trust in the year 1966 with my self earned money and is registered in my own name.
We are four brothers and two sisters and father is no more. Now the widow has filed a suit against me for partition of the property saying the property
was purchased by my father and therefore is a HUF property and should be partitioned. She has given no proof for this.
She is taking adjournments from the first day of hearing from the last four months and is demanding a large sum for settlement outside court.
How can I evict her as early as possible.
YV Prasad, Nagpur
rajvinder singh
20 January 2010 at 22:02
a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.
the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls repl
rajvinder singh
20 January 2010 at 21:55
in an decree passed by cjjd defendant has been restrained from constructing the roof, projection on the property mentioned in the site plan.
now defendant has attached a pipe over the roof towards the street which is about 6 feet in length.will it amount to contempt of court
queryking
20 January 2010 at 21:50
when petition is dismissed by a revenue court, and the revenue court directs the plaintiff to appraoch the civil court, will it become a cause of action to file a suit for declaration? the suit is barred by limitation there is a delay about 20 years, but the plaintiiff is quotaing the revenue court direction and showing it as a cause of action, his revenue petition was time barred but it was not considred at the time of giving direction.
shivraj
20 January 2010 at 20:10
If the third party purchased the societies property in auction can member of society can challange the auction under sec.91 jurisdiction of co-operative court u/maharstra co-operative act 1960 to try this case?
Chetan
20 January 2010 at 20:03
In a case - my client had entered into an agreement of sale on 1981. (my clien was a purchaser)
-The earnest note was executed in the year 1981 & since then the property was in possession of my cliet.
- The seller did not execute the Sale Deed on time and therefore my client send a legal notice in 1985 but after receiving the notice the seller did not respond it...
-But till today the property is not mutated in the name of my client whereas during this period my client had rented it on time to time..
-In 2008 the Seller had died and his son in 2010 made an application for mutation of that property..
Question :- What shall i do
1) Whether I have to file a suit for Declaration, andPossession
2) To whom I have made party (to all the legal heirs or the son who made an application)
Pls provide ----urgently
Anonymous
20 January 2010 at 18:55
Are Two co-pliantiffs permitted to have their two different advocates in a single suit? The facts are that one of joint owners had filed the eviction petition under delhi rent control act against the tenant and other joint owner was made a performa respondent who later on transposed / impleaded as a co-plaintiff. Now whether these two plaintiffs can have two different advocate in the same suit? The imposed Plaintiff has adopted the same petition and has also submitted the affadavit for that. Releif claimed is same in the suit.Please answer this legal issue. if you are aware of any legal pronouncement in this regard please quote that also.
rajvinder singh
20 January 2010 at 18:07
a suit was filed by plaintiff for of permanent injunction restraining the defendant to construct the roof/projection and decree was passed in his favour.
the suit was against the father and his four sons.the father on appeared as defendant no.1 and others didnot appear before the court.now what happend the sons were not proceede exparte.the father was not the attorney of his sons.during the evidence of defendant the father died and the evidence of him was closed by order of court.then the decree was passed in favour of plaintiff.
now we want to challenge the decree can it be challenged or we should file application to corect the proceeding u/s 153
pls reply
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Are Two co-pliantiffs permitted to have their two different advocates in a single suit? The facts are that one of joint owners had filed the eviction petition under delhi rent control act against the tenant and other joint owner was made a performa respondent who later on transposed / impleaded as a co-plaintiff. Now whether these two plaintiffs can have two different advocate in the same suit? The imposed Plaintiff has adopted the same petition and has also submitted the affadavit for that. Releif claimed is same in the suit.Please answer this legal issue. if you are aware of any legal pronouncement in this regard please quote that also.