md sadath hussain
11 October 2016 at 19:45
hello everybody
iam a GPAHolder of a property and my land has been encroached upon by a person and he has not made me a party to the plaint filed in the district court and he has made other registered owner linked to my property as defendants other than me.so my question is iam unaware of the suit as the notice has not been served to me so now my question is can he file a plaint without making me as a necessary party to the suit as iam a GPAHolder of that property.
thanks in advance
Ram
11 October 2016 at 10:06
Greetings Respected Members and Experts!
I made a sales agreement with a Seller 2.5 Years back for its farm land of 4 Bighas. Seller purchased land 30 years back with his relatives. "Batwara" is completed without conflict from 65 members of family of total 80 Bigha land. Sellers own share is 8 Bighas. He has living wife and4 sons and major grand sons too.
In old and new land records Sellers Wife, Son & Grandsons name is not mentioned i.e. Seller is single owner.
ISSUE: Issue here is seller now under pressure of his son(His son has murdered a person 20 years back) refusing to make registered deed of whole 4 bigha as per agreement and stating that he will sell only 1 bigha. His son is threatening me not to make deed, niether ready to refund.
Though I have paid amount for 2 bighas in white by NEFT and cheque transfer.
Sellers sons are forcing seller to first Make Registered Deed on his sons name and later on make deed with me for remaining land which could be lesser than the Notarized Agreement made on100 Rs. Stamp 4 times in sequence.
What are my rights here. Can I take Stay on the property. I need an experienced lawyer from Ajmer Rajasthan.
I am planning to first make registered deed for offered 2 bigha, take posession. Take Stay on rest of the property and file a private complaint against seller, his son and whole family and take a restraining order.
rajan chopra
10 October 2016 at 07:56
Sir in a suit for recovery being filed by me I have also filed an application u/o 38 rule 5 C.P.C and as the defendant declared exparte the judgement in the suit was pronounced in my favour and order in the application was passed on the same date and I applied for the copies of the same for execution.I received the copy of judgement and the copy of order in application was refused for reason that since the application was filed for attachment of property before judgement and the judgement and order were passed on same date and thus as the order was not passed before judgement hence technically wrong and it can not be executed as they have not any proforma of order after judgement but order before judgement.Now what should I do as the defendant is bent upon to dispose of his property ?
Sidambaraselvan
09 October 2016 at 17:10
Exact Case is my relatives file case against my father not to enter in to their ancestral property forcibly.
But they don't have any legal heirship certificate or any death certificate to prove that they are the legal heirs to the owner of the ancestral property.
They partitioned the property through unregistered partition deed. Under Section 17 of the Registration Act, registration of partition deed is compulsory.
My father has the legal heirship certificate issued by the Tahsildar.
Grand father of my father has right over the ancestral property based on the original patta.
Tahsildar issued legal heirship certificate stating that my father was the legal heir of his grand father.
None of my relatives have no legal heirship certificate which we are ready to prove in the Hon'ble Court.
My relative's grand father are also have right. But my relatives have no death certificate or legal heirship certificate to prove that they are their legal heirs.
Without informing my father they partitioned illegally and wantonly cheated my father without giving share and registered their sale deeds.
In that situation when my father enquired about this, they filed the Original Suit jointly.
I therefore request the LCI members to assist me in the following grounds -
(a) Can 3 different plaintiffs having
(i) 3 different metes and bounds of properties;
(ii) 3 different sale deeds
file Original Suit (OS) against the defendant (my father) jointly.
(b) If they file OS jointly, how will the stamp duty for filing original suit will be calculated as each and every property has 3 different types of measurements in square feet and also different land values.
anil deoram kute
09 October 2016 at 15:19
whether there is any format of succession certificate which the court is tobe given after passing order of succession certificate applied to it. if yes. where should i get that format.
Pradyot
09 October 2016 at 14:12
Respondent Builder obtained favourable orders from national commission which was upheld by SC .now we have found under RTI rplis&documents that respondent obtained orders by perjury giving false information in affidavit to consumer flora&NC
Can we file writ under s-195&340 of Cr CPCto High court to sqash the order of national Commission?.
I am given to understand that civil writ under Article226/227&151 of CPC is not applicable to consumer lfora&National commission.
What is the remedy to sqash the order obtained by fraud on Judiciary?
R.S Sharma
09 October 2016 at 06:14
बीमार होने पर निर्धारित आबेदन पत्र मेडिकल सर्टिफिकेट एवं फिटनेस सर्टिफिकेट पेश करने के बाद भी commotted लीव स्वीकार नहीं करते हुवे रिटायरमेंट के बाद बिना किसी जाच एवं स्पस्टीकरण मागे बिना ही आबेदित अबकाश जिला न्यायलय ने लीव without pay sanctioned किया जिसकी write हाई कोर्ट में पेंडिंग हे,सहाता करे?
ckanta
08 October 2016 at 23:19
Sir,
I am pensioner and given guarantee of one another government servant who is also now pensioner.to one of the cooperative bank in year 2001. Now Asstt collector in yera 2016 has sent one attachment order to attach my pension account and remit my whole pension to recovery officer. My banker has attached the same. Please help me to provide me some judgements or law where it is mentioned that Guarantor liability arises only if Borrower has failed to pay and rules related with attachment of pension. I am very much depressed tell me what to do now
sagar Rao
08 October 2016 at 20:26
Sir,
In High court writ petition under article 226 of the constitution, petitioner can file the case in court or not , please inform.
As I had given compliant to Municipal Corporation for illegal & unauthorized construction against my neighbour three years back, case was running in lower court, now case was dismissed by court for default, Municipal corporation not taking any action and I would like to file write petition in high court to direct demolition of illegal construction.
As I am having sound knowledge of building rules and regulation and without advocate I would like to proceed, please advise me.
Thanks
Sagar
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