subramaniam muralimohan
12 October 2018 at 12:03
Dear Sir, Namasthe
X, Y grandmother and grandfather died. A, B sons of X,Y and C,D daughters of X,Y also died. Now son and daughter of A, B, C, D can apply for legal heir certificate for X,Y. How to get legal heirs certificate for X,Y.
Please advise me Sir.
venkatasrinath
11 October 2018 at 17:11
I am defendant in my civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed but I filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed and also plaintiff not taken effort to rectify the error, so plaint rejected. Is this an Jurisdictional error and valid reason for civil revision petition in HC
should plaintiff must have gone for Appeal and not civil revision,
when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only
Thanks
Dr Satish
11 October 2018 at 10:49
Hello Sir
I have completed my Service in State Government Aided college as a Lab Assistant from 1998, i completed 17 years of full service up to 31st August 2015 and taken without pay leave for 3 years, ie up to 31.8.2018, in leave period got job in company, so i have informed to previous employer that, i am not joining duty, please consider my resignation and disburse my GPF, Graduty and Submit Pension proposal to government as i completed 19 years, 11 months and 22 years of service including leave without pay.
At the time of Joining in 1998, i am graduate and appointed as a lab assistant, during service period, i have completed Ph.D (Doctorate) in July 2016. As per my educational qualification, i am not suit for post of lab assistant, so i have decided to work in a company.
Can any body share any High court or supreme court decision, that is relevant to my case to file case in court.
Anonymous
10 October 2018 at 19:30
In a civil case in lower court for declaring a registered deed as null and void under un due influence, issues framed
but defendant filed IA under O7r11b stating in correct court fee. but lower court judge said under sec 34 of specific relief act any suit with out consequential relief claimed a bare declaration is not allowed, plaintiff not taken effort to rectify the error, so plaint rejected.
Is this an Jurisdictional error and valid reason for civil revision petition in HC ?
should plaintiff must have gone for Appeal and not civil revision, when appeal is possible in such cases can civil revision can be rejected saying plaintiff must have gone for Appeal only ?
Thanks
Anonymous
10 October 2018 at 15:24
Hi All,
I need some guidance on how to deal with unruly neighbours above my flat.
Background : I live in a 2 BHK flat in Bangalore KA. The flat above has been put on rent since past several years by the owner. Some amount of noise from ceiling and nearby flats is natural and unavoidable. However , I am facing a recurring nuisance from the tenants above my flat for about 4 years now. Below is the description of each case.
Year 2014-15 : Tenants above were a family with a small kid. There was noise every now and then of dropping toys and other objects. I tried to speak the neighbours about it how loud the noise comes across the ceiling and to put a rug/carpet where the kid usually plays. The woman slammed the door on my face saying that she cannot discipline a 2 years old kid and that I cannot understand because I do not have kids.
Year 2015-16 : This time the tenants were 3 bachelors who their individual work schedules spanned day and night so the noise of banging balcony doors , loud conversation and playing with bat/ball was common and wouldn't stop until 4 am. Plus , they had party every weekend /sat / sun with loud music and drinks. I would go upstairs at 2:00 am in the morning to ask them to stop the loud noise and many times it was scary because I would be talking to a bunch of drunk youngsters.
I met personally with the manger and they asked me to complain online. I even spoke to the owner but the nuisance continued even after. However, at one instance I got really sick and couldn't get rest for several days/nights because of the nuisance so I decided to go the police and that's when the association got into action and spoke to owner about it and the bachelors were asked to vacate.
Year 2017- till date: New tenants were again a family with a small kid. The kid is hyperactive and runs around the house. He also loves to pound with the bat on the floor every now and then. Coupled with pulling furniture and throwing toys every now and then , it became difficult for me to stay at home , let alone work.
It's not just the kid, the grownups contribute to the noise too. They would watch movies with loud noise, put washing m/c after 11 pm , bang doors of bathroom/balcony etc.
I again decided to take the matter to association. To my surprise, association secretary told me there were no laws for such situations and people can do whatever they like in their own home. They asked me to adjust to these people as they have a small kid. I argued that it is not about written laws, it is more about having good civic sense. I cannot be asked to adjust every time a family with small kid moves into above flat.
I suggested them to use a rug where the kid plays but they refused it by saying that it may cause allergies. Even the owner has refused to listen to me saying that if I have problem with his tenants then I should pay the rent to keep the flat above vacant. Recently the kid has started cycling around the house , esp after 9 pm.
I have been living there since 10 years and haven't caused trouble to anyone. I shared my problem with few other members of the society and they have asked me to use fan , headphones, going out for a walk to stay away from noise in the evening. but one cannot study or eat or watch Tv wearing headphones , certainly not for several hours. Fan and Tv cannot curb cycling noise, neither can I go out for a walk at 11:30 pm or midnight.
I am managing my work somehow during daytime but evenings and late evenings are stressful. Just because I live alone, doesn't mean I have no personal life. I want to relax and rejuvenate in my own house after a whole days work just like any other person.
My friends have suggested me to relocate but I don't want to leave my own house because of some narrow minded people who do not understand community living. So far , I have been using the right channel and means to voice my problem with no results. In all this process, I come across as the person who keeps complaining about tenants but it is far from the truth. I am sick and tired of asking help from association and other members of the society.
This is a recurrent problem and I would really appreciate if someone can suggest a way to mitigate this situation within the bound of state laws. I am not a person who would fight with neighbours loudly and create a ruckus. Are there are any legal steps that can be taken to make the owner/tenants that they have been disturbing my right to live peacefully in my own home since years?
Many Thanks !
DAYASAGAR MEHER
10 October 2018 at 08:40
I have obtained a order u/s 145 crpc from SDM, in which it is ordered that, "because I am in possession of a specific land for more than 30 years, so status quo of my possession over the said is to be maintained".
The order was passed more than one year ago. No appeal was filed or no civil suit has been filed since then by our opposite party.
Now the boundary wall which prooves my possession is damaged, I want to increase the height of the same wall and plaster it, so that my house will be secured from theft.
but the opposite party which has lost the case, is obstructing to increase the height of boundary.
1. Can I legally increase the height of boundary wall under said situation.
2. if yes, then how can I do so because my neighbor is obstructing the same.
NAGARAJ
09 October 2018 at 16:21
Suit for partition against two brothers and a sister....as a defendanrs one brother D1 and his lrs are given the consent for decree and sister lrs D3 to D7 given the consent for decree but only defendant 2 and his lrs denied for consent for decree in this circumstanses honbl suprem court orders for refer the matter for FDP.....whether decree is possibl without trial?....if possible could u plse suggest the judgments infavor of plaintiff
Anonymous
09 October 2018 at 15:02
May father died 2 years ago, before he died he commissioned some gold ornaments with a local jeweller, once he delivered the jewellers my father and him had a dispute as per my father he over billed him but, later he said the dispute had been resolved.
Now after two years, the said jeweller is saying my dad didn't paid him the money, also my mother agreed to pay him in case dad didn't paid.he called my mother several times to delver on her promise but, as per my mother, dads faithfully friends dads already paid him.
Now he is threatening for legal action, as there is no prof/evidence of any transaction between him and my dad doubt it's possible, but he called my mom several stating how poor he is and honest my mother is, he might have made my mother say something along the 'line that payment is still due' or something that insinuate it. and my dad was sick and angry at the time etc.
So can he take any legal action against me? is there any under arm technique he can use against me in the court of law? he showed me in his ledger that he logged everything. that's not a proof right?
prakash
09 October 2018 at 10:11
Sir,
MY grand father had bought a piece of land along with 5 other persons.Thus he became owner of 1/6 part of the land.My grand father died in 1975.In his last written,signed and witnessed will he mentioned that 1/6 part of the land should be given to my father.Unfortunately my father misplaced the will and the land remained in the name of my
grand father.
My father also died in 1998 and my mother died in 2002.In the year 2011 while going through the old files of my father I found the will of my grand father.After that I started the procedure to put the names of all remaining legal heirs of my father in government records.For this the concerned authority told me that in this case first your father's name will come in records after that the name of your father and mother should be removed and all legal heirs names will be admitted to all records.I completed the whole procedure and became co owner along with my sisters of the said land.
After that my sisters withdrew their right from the land by submitting separate affidavits
signed and witnessed before the notary public.Thus I became the sole owner of the 1/6 part of the land.
But in the year 2013 my uncle also produced a will of my grand father and claimed that he is the right owner of the land by filing a civil suit against me.
Finally I decided to obtain a probate of the will.
Now My question is that my uncle will certainly oppose the will produced by me but can my sisters who forgo their rights in my favour by submitting their affidavits can also oppose the will claiming that they have also rights in the land.
Please advice.
Thanks
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Penalty charged for keeping potted plant in window sill
I own a flat in Chennai, Tamilnadu.
Recently the housing society charged a penalty of Rs.500 for keeping potted plants in 1.5 feet window sill area outside of my bedroom window. They took away the potted plants and kept in their custody. The manager sighted a society bylaw claiming window sill as a common area where the owner cannot keep anything.
I disputed the bylaw as nowhere it was mentioned window sill/ledge as a common area and requested to remove the penalty charged over email. I gave reference links of few cases where a housing society cannot charge penalty for things like keeping potted plants in window sill. The manager ignored it and refused to reverse the penalty.
later i kept two pots on the edge of window, again they were taken away and another Rs.500 penalty has been charged to me. Its been two months and both penalties are appearing in my commonfloor group app account which is used by society to issue maintenance invoices and drawing interest.
What is the law says and what are the next steps i should take as a flat owner?