Anonymous
11 March 2018 at 15:35
A partition suit was filed on my Grandfather by his brother's son( say Mr.A) for his share in ancestral property. The court awarded 50% share to Mr.A. When he filed for Final Decree of Partition, we had gone for a compromise. Mr.A agreed for the compromise and took the money instead of land. And the agreement was signed by Mr.A and his son (say Mr. B). But this agreement was not submitted to the court. And the FDP case was not represented by both the parties in the court. So, the court dismissed the case. Now after 5 years, Mr.A's daughter has filed another FDP in the court to provide her father's share of 50% of land.
QUESTIONS
1) Does she have the right to file the case after her father has gone for a compromise?
2) What are the possible the remedies for this?
THANK YOU
stuti
11 March 2018 at 06:17
Hi there
I have job overseas so can I give authority to s trusted person to attend case on my behalf and go overseas
Secondly can video conference be done when I go abroad between court and me
Thanks
Krishnaraj
10 March 2018 at 14:17
Hello sir,
I would like to know whether court can pass a interim stay order ( injuction ) without paying proper court fee by the plaintiff ? if No, kindly let me know the under which section .
Narration :
I have purchased a property through sale deed dated 06-01-2016, wherein 5 defendants have personally executed the document , and a Plaintiff was represented by a Defendant No 1 through GPA duly executed before the notory.
Now the plaintiff have approached the court for cancellation of ENTIRE SALE deed, and paid the court fee ONLY to the extant of 1/6 of his rights. The court has granted the interim relief to the plaint by passing the injection against me by 1) Putting up any construction, 2 ) Alienating the property , 3) creating encumbrance .
So, my point is can the court grant interim relief to the plaint for paying only 1/6th amount of the property as Court fee, wherein he asked for cancellation of entire Sale deed.
If No, kindly let me know under what section we can put forward our case.
Thankyou in advance.
MahendraKumar.H.Trivedi
09 March 2018 at 22:26
In a title suit filed by an unregistered firm of two partners for specific performance, during pendancy of the suit one partner died long back. No legal heirs named.
Should my lawyer have moved application to desuit the remaining partner as the firm stood dissolved. Remaining partner has not filed application to amend the plaint in his name. Should the court have admitted the suit of unregistered firm. Contract signed in the name of the firm in 1986. Suit filed in 2005, one of the two partners died in 2011, issues framed in 2013, Suit came on board in 2014.Regards.
K PALANIVEL
09 March 2018 at 10:32
sir,
The SC on CIVIL APPEAL NO.7217 OF 2013 PRAKASH & ORS. …APPELLANTS VERSUS PHULAVATI & ORS. ...RESPONDENTS held that Hindu Succession Act 2005 will not have retrospective effect. If the father died before the enactment of Hindu Succession Act 2005 (Amendment), the daughter of the father, cannot claim share over the property. Whereas in Civil Appeal Nos.188-189 of 2018 Danamma @ Suman Surpur & Anr Vs Amar & others (SLP 10638-10639 of 2013, the daughters would become coparcener by birth in their own right in the same manner as the son and are therefore entitled to equal share as that of a son.
Now, the question is whether HSA (Amendment) Act, 2005 has retrospective effect and if the father died before the amendment of the above act, the daughter can claim share over the father's property. Kindly advice.
bankim
09 March 2018 at 08:50
My brother in law file section 9, to counter this can we file 1st section 125, or domestic violence. Bcoz he physically and mentally harassed my sister.
S BISWAS
08 March 2018 at 22:56
I purchased a housing board flat in resale, the bank valuer also gave the report of the properly. New when document submitted in registerer of then it came to know that this property is booked in mcd office. A red stamped would be marked on this registration document. This property is financed by a bank. What will be bank action on this red stamp. Please help and guide me. What to do for not stamped of red stamp.
gangesh
07 March 2018 at 23:28
Hi, I have a house in my village which can be accessed through the land of one of my neighbor.This way is broader and I can go with my car /other vehicles however my neighbour often stops the way asking to not use his land for car/vehicles and he only permits me to access this way by foot path only. My house is 35 year old and I have been using this way only till date to reach my house. There is another way also through which I can reach my house but that road is too narrow that I can not reach by car/rickshaw etc and only pedestrian can walk on that. So I wanted to know that can I claim easement right through my neighbor land as it is more comfortable way because I can use four wheeler,tractor and other vehicles for reaching my house . Please suggest if there is any case law for this type of case. many thanks in advance
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Production of additional evidence at applleate stage
Sir
Please send me some ruling on CPC order 41 rule 27 with full detail in which conditions extra evidence will be allowed