vinayak
27 July 2017 at 16:19
I have query regarding date of cause of action in suit. Is there any supreme court judgement which explain that date of cause of action can be different. In given case, one party may have different date of cause of action while other have different date of cause of action.
jaihind@2
27 July 2017 at 13:01
Dear Sir/Madam,
Good Afternoon to all, Hope you all doing well.
My Grand-Mother went missing since 26 July 2004 and those who eventually heard her not heard her in last 13 years of journey. My grandfather also died natural death in year 2005.
My father with other natural legal heirs like her son & daughter filed Civil suit into District court for declaration of her death after 7 years of her missing report. Civil court rejected the matter since no one was there in opposition and cited reason that they don't have judicatory to decide on the matter & even review was rejected into district court.
We decided to appeal into high court and made party to state government ( As they refused to remove name of my grand mother who went missing from 7/12 with-out civil court orders). Recently high court disposed the appeal and guided file fresh case by making State government as opposition party and take appeal again to district court.
Now since she is missing since last 13 years, we have below two problems in-front of us and need your expert suggestion on the matter.
1. What is the way ahead for us to make appeal into District court as same has been already rejected?
2. Is there any way by which we can get her name removed from property owner-ship so we can sell this property to third person? Request your input.
Thanks. Sorry I may not be knowing exact legal word while framing above draft.
Regards
Anonymous
26 July 2017 at 16:40
Dear Sir/Madam,
Good Afternoon to all, Hope you all doing well.
I am Grand-Mother went missing since 26 July 2004 and those who eventually heard her not heard her in last 13 years of journey. My grandfather also died natural death in year 2005.
My father with other natural legal heirs like her son & daughter filed Civil suit into District court for declaration of her death after 7 years of her missing report. Civil court rejected the matter since no one was there in opposition and cited reason that they don't have judicatory to decide on the matter & even review was rejected into district court.
We decided to appeal into high court and made party to state government ( As they refused to remove name of my grand mother who went missing from 7/12 with-out civil court orders). Recently high court disposed the appeal and guided file fresh case by making State government as opposition party and take appeal again to district court.
Now since she is missing since last 13 years, we have below two problems in-front of us and need your expert suggestion on the matter.
1. What is the way ahead for us to make appeal into District court as same has been already rejected?
2. Is there any way by which we can get her name removed from property owner-ship so we can sell this property to third person?
Request your input. Thanks. Sorry I may not be knowing exact legal word while framing above draft.
Regards
Darshan Gosalia
26 July 2017 at 13:21
I am a resident of Mumbai. My grandfather had nominated my grandmother for the immovable property in the nature of flat in a co-operative housing society owned by him. My grandfather passed away last month. Now, we have submitted the documents required for the flat to be transferred to my grandmother as required by Maharashtra State Co-op Act, Rules and Bye Laws (Bye law No 34). However, the housing society claims that my grandmother, being a nominee, can be admitted only as a nominee member. She can act only as a trustee of the said flat. Hence, she cannot sale the said flat. The Act mentions that on death, the property shall be transferred to the nominee. It no where mentions that the member should be made a nominee member. By the term 'transfer', I understand that on transfer, the transferee shall have the absolute right over the said flat to deal in any manner as she deems fit. I would like to know whether the society's contention is true to make my grandmother a nominee-member? If so, to what extent? What other procedure should be followed to make my grandmother a full-member from the current nominee-member? Can a housing society restrict a member's right to sale the said flat? Is the flat 'transferred' or is it 'transmitted' on death of the member? If it is 'transmitted' what are the legal differences from 'transfer'?
gopal
26 July 2017 at 12:28
Respected Experts,
I am from tamil nadu, my father got a loan with his one and only one younger brother, from the bank on 1986 for purchase of tractor to the undivided family. Later on both are gone for partition in 1989 ,during the partition the younger brother requested the tractor to alllot him he will pay the loan amount to the bank.
My father agreed and allowed to allot the tractor for his brother. in 1992 the bank filed a recovery suit to recover the loan amount from the loan borrowers. my father went to the bank and informed that during the partition the tractor was alloted to the younger brother who is a 2nd borrower. the bank officials told that you no need to appear in the suit so that the suit will get ordered soon, once we recover the entire loan amount we will send the information to you.
even after that my father did not concentrated on that ,the bank got favour decree and judgment.
Based on the favour decree and judgment the bank recovered the entire loan. when ever my father approach the bank official they inform that the loan is still pending.
So I submitted the RTI applications and asked the staus of the loan amount ,the RTI officer of the bank stated that on 2009 the loan is stilll pending. even afeter in anouther case on 2013 the bank filed an affidavit stats that the loan is still pending.
then on 2016 september last week my father obtained a xerox copy of the document that the document is an NOC given to the 2nd borrower of the said loan on 29/09/2014.
then immediatly 02-10-2016, i send a legal notice to the bank that they are neglected the 1st borrower ie my father and issued NOC to the 2nd borrower.
Even after sending the notice the bank did not provide any reply.
So I filed a consumer complaint on Consumer forum. The consumer forum taken my complaint in SR catergory and dismissed the complaint stating that the complaint to be filed with in two years ie 28/09/2016.
My request to the experts is
Now I have to file a Appeal to the State Consumer commission or I have to file Revision Petition to the State Consumer Commission.
kindly clarify that if a complaint dismissed in the SR level , which has to file either Appeal or Revision petition
So that i can prepare for the appeal
kindly provide the information to me
Thanks and regards
nandagopal
umesh HALKAR
25 July 2017 at 23:29
1. I filed the OS case against seller for recovery of advance paid and penalty amount as per Agreement regarding Purchase of house due to unsuccessful of sale deed.
2.Now Seller is agreed to settle the amount of only advance paid by me after 2 years and after cross exam of mine.
3.Is it compulsory to agree to attend the Settlement Adalat or continue to hearing at Court Judgement since the seller doesn't agree for Penalty .amount which is double the advance paid amount paid by me.
4 I can disagree for settlement adalat
regards
rajashekhar
25 July 2017 at 22:35
Dear experts.in this case of pliantiff presented will deed of her father to court.there are 4 attestors to will deed. None were presented as witness in trial court. Plantiff says her father kept will deed in the custody of her fathers friend .he has been examined as PW 4 witness .now plaintiff says all 4 attestors are not avilable as witness to court in fact one attestor is known to her .and filed I.A for calling sub register as witness in her favour and same is dismissed.now pliantiff filed civil revision petition in high court requesting direction to lower court to set aside order in I.A of lower court.sent notices to respondents who are plaintiffs own brothers through second wife of plintiffs father.can pettion be challenged in high court by respondents
rachana kumbla
25 July 2017 at 19:50
V hv covered pocket terrace in our flat on 1st floor as it was suggested to us by builder at time of purchase of flat.BMC has also regularised it and I m highest property tax payer in 150 flats in our society.Now after 5 yrs committee is saying it's society property and are charging us penalty under section 168 a rs.3000 pm.pls advice wt to do.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Injunction on house
Dear experts,
we have a partition suit pending in the court between me and my brother in Andra Pradesh,My brother is staying in US, but his co brother is entering into our combined properties and creating some troubles to me.so I am going to file an in injunction suit before the court,do i need to request the court to give injunction order on my brother or my brothers co brother? please suggest me...
if i get the injections order, will the court send the notice about the injection order to my brother? if yes, which adress do i need to provide to court to server the notice? do i need to provide the address where my house and lands are located? or do i need to provide my brothers US address? please suggest me on this...
My brother's co brother is saying that he got power of attorney from my brother, so that he is entering into our properties,is that fact? is any one can who are having power of attorney from one share holder can enter into the combined properties?
Thanks and regards.