Ayan
05 September 2017 at 11:02
A Ejectment suit filed in 2016.Till date we got only 2 hearing date , each date after 9 month .Judge absent both days.The petitioner is of 76 , have no source
of income.Tenant is not paying rent for long.Person want to see the judgement in his life time and want to do necessary live-hood for his wife after his death.
We mention by put up that the person is senior citizen,court consider only 1 month early date.
My Question is
1)What is the procedure to speed up the matter ?How he can get hearing date each
2/3 month ?
2)How the case can be turn to time bound case ? 2/3/4 years.
3)Please suggest if any other remedy available.
4)Is there any law or Supreme Court order so that person can get hearing date on each 2/3 month ?
Please note that i am son in law of that old person.
vijayj4.2012
04 September 2017 at 19:37
A Hindu female had self acquired property X in Pune Maharashtra is bequested by Will to 5 GrandSon in 1975 jointly.
This property is undivided and un-partitioned, 5 grandsons property who all are Hindu male.
This same property put in family settlement by private arbitrator (who are family relatives). Arbitrator had allocated same property in 2003 to these same 5 grandsons jointly as undivided share jointly.
Still no partition yet.
Q. What is the status of Property X, Self acquired (Indian Succession) OR ancestral property (Hindu succession)?(Any citation if possible)
Hindu family 2 GrandSons sold there undivided share in property to Muslim family by registered conveyance sale deed in 2014.
Remaining 3 Gransons has possession of whole property. Yet No possession delivered to Muslim family.
Q. Will it governed by Hindu succession s.22 preferential right or Muhammadan law Shufa OR Indian succession any other law?
Shirish
04 September 2017 at 17:07
My wife has been summoned by the Magistrate to be present for hearing in court.
As far as I know, I need to apply for her bail. So to prepare for the bail I want to know answers for following questions.
There are three kind of bails :
1. Personal Bail bonds - What is the requirement for this kind of bail ?
2. Surety - What are documents are required for this bail ?
3. Cash bail - Are there any documents required for cash bail ?
Anybody from Panvel Court ?
Vijaishankar M
03 September 2017 at 20:05
Suit for Specific performance ended in compromise. Terms of Compromise decree dated:27.10.2009 is defendant has to settle RS.9 lakhs within 6 months or along with 12 % interest till date of realization. Meanwhile defendant died in 2010. Plaintiff filed EP. I am impleaded as class 2 legal heir of died JD. Aft death of defend, Property also trespassed by 3rd person and separate cases for injunction and declaration filedb y me also pending.
I have already deposited RS.5 lakhs in Court. I calculated the decree with interest . It comes around Rs.17 lakhs Sir. After Lessing the paid RS.5 laks, Still 12 laks to be paid. My question is
1. As the property also trespassed by 3rd persons in 2012 and I am disposed ,I am unable to generate any income from property till now . If I tel this, Wil the EP Court consider and reduce the interest at least?
2. As compromise decree cannot be altered, at least will the Court consider my situation and waive the interest rate?
3. Pls brothers also help me with citation in this regard. Thanking in advance.
saarika
02 September 2017 at 22:38
My father after getting order from court has filed a darkat to execute the order by court and get the money however in said case there is no insurance company involved. Hence the case is filed against individual. The said person does not have assets like property on his name. Is there any legal process through which we can recover the amount.If yes, I'll request to brief about same..... Saarika Patil
Udit
02 September 2017 at 18:16
Please tell me that how much is the period of limitation for filing SLP in the Supreme court against the order of a single judge bench of the high court.
Keshaav Chakrbarty
02 September 2017 at 16:40
(i) A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. (ii) In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. (iii) The Plaintiff and her husband had been informed by both past & present proprietors, though verbally only as that time the relationship between partied were cordial, about the change of proprietorship,as the son is physically challenged and got a job outside that time. (iv) The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. Bothe cheques got enchashed from the same Proprietorship Firms Bank Account. (v) But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard altogether, first on u/s. Cr.P.C. 107 at Executive Magistrates Court, and second also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. (vi) Though they have mentioned about filing of these cases in thei eviction suit also in 2012, but while filing Affidavit-in-chief in 2017 August, they did not mention the results / present status of those criminal cases filed by the Plaintiff against defendant no-1,3 and their security guard of the firm; (vii) And after that in 2012 they also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and also against Son's Wife, in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. (viii) But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. (ix) That period our Advocate told that Rent cannot be deposited in Rent Control as our firm and the leased property is located in Gram Panchayat Area. (x) Hence as per Advocates suggestions we started sending Money Orders to the Plaintiff every month, which plaintiff refuses, and does not accept. (xi) Even the Defendant no-1,3 and the firm's security guard filed a Money Suit against the Plaintiff in 2016 after getting acquitted from the criminal case (G.R. Case) filed by the plaintiff for : Suit for damages for malicious prosecution and arrest due to false complaint. No w/s submitted by the plaintiff for this Money suit till date. Under such circumstances can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Can a Plaintiff file an Eviction Suit by mentioning 3 separate defendants in one plaint ? Is that accepted or maintainable ? Please guide.Thank you, Regards.
Anonymous
02 September 2017 at 12:50
we are 70 familys people purchased & residing with houses since 70 years ,we dont have a registration for my house lands at the time of past 70 years ago we dont have registration system,thats why we dont have a registration ,actually pattadar died nearly 60 ago he dont have children and family.
now a days some body created a fake successor letter who is pattadar brother son he applied for virsat he got pattadar passbook and Title deed from revenue depatment,now he is come to court (joint colletor)he is having rights to sell all these lands,he is fighting for these lands.
since 70 years and above we are purchased and enjoying these lands we are having house tax bill,tap bills,electricity bill,some of persons having rhytu passbook issued by thasildar .
in revunue record we dont have a name in pattadar colum(who is died 60 years ago pattadar his name is continuing) we a having a colum enjoyment colum since 50 years above
this is gone for judgment to RDO court RDO is enquired all the details about lands is house site area, he cancelled which is given virasat pattadar passbook and title deed
he orderd issued seize pattadar passbook and Title deed from fake successor.
now the fake successor (pettissioner) went for Joint colletor for Judgment
who will have rights for lands(houses residing area of seventy families)?
we (Respondents) Seventy families having following documents
1.pahani copies since 1950-to -2017 ( we are in enjoyment colum)
2.some of having rhytu passbooks issued by thasildar
3.electricity issued copy since 30 years ,bills
4.house tax bills since 20-30 years
5.we are in present position in land (having houses and enjoying)
6.we are having proof for fake sucessor letter ( who is the proof of signed on fake sucessor letter is signature is wrong and at the time he is having only 14 years as per aadhar card ex:created letter at the time of 1953 who is singed as guaranteer is born on 1939 )
pettisioner having proofs:
1.some of our 2 familys are registered with pettisioner at the time he doest have a name in pattadar
2.he is having a proof after getting a passbook one member is registered with petitioner
3.iam is the respondent (iam not having name in colum enjoyment, my father is alive he is having a name in enjoyment colum in revenue records)
doubts
1can i eligile for petision for this issue?iam not having name in enjoyment colum my fathes is having name in enjoyment colum
2.iam is the petisior is going on this issue
Anonymous
02 September 2017 at 12:42
A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. The Plaintiff and her husband had been informed by both past & present proprietors verbally about the change as the son got a job outside that time. The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard on Cr.P.C. 107 at Executive Magistrates Court, and also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. And after in 2012 that also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and Son's Wife in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. Under such case can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Please guide.
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