Member (Account Deleted)
12 July 2009 at 00:47
In a suit for partition the petitioner sought for permanent as well as temporary injunction... the court ordered "both the parties shall maintain status quo"
The defendant does not want to vacate the order as he is having full possession over the entire property.. instead he wants me to file written objection to the interim petition but pray to the court that the order "both the parties shall maintain status quo" to be continued till disposal of the main suit.
What shall I do?
HIRAL THAKKAR
11 July 2009 at 21:49
I want to file a case against the builder who has purchased electrical goods of various description the value of which is more than one lakh of rupees so is it right to file a case under Sales of Goods Act under the title UnPaid Seller. The seller of goods does't had contract with the builder and the seller is a prorprietorship concern. I have sent notices under the sales of Goods Act.
Please suggest some method to recover the Price of Goods. Is it correct to file petition in High Court Original Side Bombay
anckoora
11 July 2009 at 18:24
dear sir,
we had purchased goods from a supplier under their invoice. Due to some reason, we made payment very late. They have been asking us to pay the interest on late payment @ 24% of the bill amount. In their invoice there is a condition printed on invoice that delay payment will attract int @ 24%p.a.
We are ready to pay 50% of their demand-which they have rejected. Now they have sent legal notice thro' advocate to pay within 15 days' time.
In case of legal action against us, what are the points we should put before the court ? How much time this case will take to finalise / judgement ?
thanks in advance.
anckoora
Shahzad I
11 July 2009 at 11:40
Hi,
I had taken 7 personal loan , 2 car loans & also have credit cards from 4 banks. I have managed to close 2 car loans and 3 personal loans, few loans were provided on the basis of my clear credit rating and track records, but due to recession i had lost my job and i have been unemployed since last 10 months and till Mar 09 i had paid ll my EMI and have exhausted my savings and now i am not able to pay my EMI and Credit card dues. Currently am completely broke and the respective banks have started harrasing my family members and have used abusive language on call while informing them the situation. i managed to pay some amt borrowing it from my family & friends. Due to unemployment i am not able to pay any due and am getting legal notices from advocates and Brihan Mumbai District legal service authority. Currently and until i get a job i am not in a position to pay off my loan and the layoff,these notices and calls have actually effected me mentally & physically. Please advice on what can be done in these situations as its just effecting me & my family
Member (Account Deleted)
11 July 2009 at 10:40
The owner of a property (residential house) died leaving 2 son 2 daughter. Both daughters are married. Before death the father made a document and registered it.
Title of the deed is DEED OF FAMILY SETTLEMENT.
It starts with,, This indenture is made…..between MR. A (the father) …referred to as SETTLOR And between Mr. B & Mr. C …….referred to as TRUSTEES.
The deed creates a trust and transfers the property to the trust. It says that the daughters shall have no right or interest in the trust property. Two sons will manage the trust property.
Second part of the deed says ‘that upon death of the SETTLOR the trust hereby created shall come to an end and the said trust property shall automatically and immediately vest upon the settlor’s two sons in equal share freed and discharged from the trust. No other heirs of the settler shall have any right or interest in the property.
The deed was signed by the father (settler) and two sons (trustees).
The fact is one of the daughter stays in the same house continuously till date even after marriage with her husband. She is having possession of 1/3 portion of the property.
Now one of the brothers filed against the other brother a Suit for partition claiming ½ share of the property. On strength of the second part of the deed. But no sisters are impleaded as defendant.
My question is what is the nature of the above deed? Is it a trust deed or a will or mixed in nature?
Whether the Second part of the deed can be treated as a will? If so can a partition suit maintainable on that?
I think if it can be treated as a will then proper course was to take a probate. Am I right?
I am for the defendant brother. The defendant brother and other 2 sisters wants the property be equally partitioned each getting equal share. ¼ th each.
Seniors please guide….
koteswararao
11 July 2009 at 00:56
can a unconditional gift deed be revoked unilaterally in andhra pradesh and can the registrar register the property even after the matter has been filed in the court.
MUKESH GAUTAM
10 July 2009 at 19:52
Dear Sir,
1.Please send me the maing ,definition & object of Pleading
2.Please send me the maing ,definition & object of Plaint
3.Please send me the maing ,definition & object of written statment.
Sir, Please send me as soon as earliest becuase of 14th july is my viva. I will be grateful to you.
mukesh gautam
9811508060
Sandeep Jani
10 July 2009 at 19:35
dear sir(s), my question is as follows...
i am working in a bank and we gave a loan to mr. A. and mr. B was a guarantor for mr. A. now mr. A is not repaying the loan. so it was decided to recover the dues out of the property of mr. B who was a guarantor....now the situation is that mr. B has formed a hindu undivided family and now the property of mr. B is belonging to that H.U.F.....my question is that can we sale this property now and recover our leagal dues?
Pramod Kumar
10 July 2009 at 19:04
Dear Members,
Could you tell the difference wherein in what type of cases Original Suit is filed and in which other type of cases Original Petition is filed.
Regards,
Pramod
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Temporary injunction
In a suit for recovery of money against two defendants, the plaintiff bank has made an I.A seeking temporary injunction against a third respondent (garnishee) to restrain it from disbursing payment of certain future salary arrears of the 1st respondent/1st defendant. The civil court has also granted temporary junction. Now, as counsel for the 1st defendant, I have to file counter in the I.A. Would our experts please guide me on the defenses available to the 1st defendat to vacate the ad interim injuction?. The third respondent in the I.A (i.e. the employer of the 1st defendant) is not a party to the main suit.