Anonymous
07 January 2010 at 11:14
who are the enforcement agencies under the Sarfeasi Act.
Also are there any specification for approved valuers
amit
07 January 2010 at 02:15
X died 10 years ago, leaving behing his wife Z, & 2 son 1 daughter(all married). Z is drawing Family Pension from PNB, Where an amount of Rs.70,000/- is still lying in account of X. There is no nominee in X account.
Now, Can the amount of her husband X be tranfered to her(Z) pension account, without calling her 3 chldrens from other states who do not have any objection in transfer of their father's bank amount into their motherr's Pension account ?
Can the paper work / formalities of bank be reduced,just by giving an application by Z. since this amount is of her deceased husband?
Is there is any ruling, relating to this, which shows just by giving appplication the amount can be transfered ?
Anonymous
07 January 2010 at 02:01
High court stayed all action and directed to find remedy with tribunal . My case was dismissed for default on absent by my counsel for ill health . The case was restored , meanwhile the respondent has taken action , Now my question -as its restored , the action taken between the time of dismissed -restoration is valid or invalid
Anonymous
06 January 2010 at 20:14
Dear Experts,
First of all thanks for providing the valuable information
As per your advice, I have filed the Miscallneous Application for the adjournment, where I was also informed that instead of filing the adjournment, R.F.A(Request for Adjournment) may be filed where I have to file the application in triplicate and NOC from the O.P/Attorney of the respondents have to be obtained.
Now I have laready filed the M.A for adjournment
Please inform is there any harm of filing the M.A instead of the R.F.A?
Is there any demerits of filing the M.A???
srinivasan
06 January 2010 at 19:57
1.Thear is a F.D in S.B.I in hindu father's name, he died interstate without oppointing nomine to the F.D.
2.Thear are six leagle hires 3, daughter's 2,son's and wiedo mother. the 3.daughter's and wiedo mother acepted to signe, 2,son's refused to signe.
3.The bank manager said in this case you have to get court order.
4.Is it possable toget court order for this funds, in what maner shoud we aproch the court, what will be the court fees?
5.Will all the leagle hires get equale shares?
6Thear are other immoveable property's to be claimed, can they move court for this fund's alown, and later for the other property's since the father did not make any will died interstate .
7. Can they claim cost of the court order from the 2.son's who has refused to signe.
Sir kindly clear my quary.
Anonymous
06 January 2010 at 18:49
what is the effect of notice under section 80 cpc on the period of limitation ? suppose the notice is given in the 11th month and ordinarily the period of limitation was to expire in 12th month .
Anonymous
06 January 2010 at 17:28
I am farmer havin 3 acres of land our lands were acquired for providing house sites to harijans under tamilnadu acqn. act for harijanwelfare schemes. it is irrigated land by this TN Act 31 of 1978 missusing by the officers, my land value is nearlt 700000 lacs per acre but according govt very low 50,000 rs how to avoid ? i already filed case Chennai high court case is still pending how to tackle and won from this act guide me sir i can't leave my lands not only mine nearly 3 farmers very poor they also got trouble by this act there case is also disposed they gone for appeal guide me to revoke from this give points to very definition easily , i can save nearly 9 acres of my vilage there are 25 acres govt land is there (poromboge lands , thope lands) plss guide to overcome from this MENTAL AGONY.
sruti gupta
06 January 2010 at 17:11
how to draft a petition of divorce on behalf of husband u/s13 of Hindu Marriage Act, 1955?
plz find the brief fact about the caption matter in attachment file.
Anonymous
06 January 2010 at 16:43
Dear Experts,
I want to clarify the doubt from you for that i am giving the same in an Example:-
I approached a court for a specific relief on the basis of a document namely “Exhibit A1’ and filed a petition u/s 123 of an Act. But actually the said petition has to be filed u/s 456 of the Act. Any how the court has passed appropriate orders as prayed for and considered my petition according to u/s 456 of the act voluntarily.
So is it permissible/acceptable in case of appeal, by other side.
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What would be the Final Order.
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
As I have succeeded in all the below revisional authorities and also as well as Single Judge, except the Division Bench. So in these circumstances, what would be the final order, we expect, from Supreme Court.