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jatinkumar   15 September 2016 at 23:20

Shop

Hello expert!
Land was in the name of father, father, mother, and 3 sons formed partnership to developed land, a building was constructed in 2005, thereafter partnership sold many flat and shop, one shop no.2 was sold by one partner rajesh to mr vasantbhai money was taken in form of cheque but no sale deed is prepare d in favour of purchaser till date, but possession is given. Thereafter one partner dev got retired from partnership by retirement cum reconstitution deed in 2011, by taking settlement share in form of 5 shop in the said building. Now Mr dev retired partner want the purchase shop no 2 whose sale deed is not made. Mr dev is ready to give market rate to mr vasant for purchasing the said shop no 2. Now problem is that,
Mr vasant and Partner except rajesh is ready to prepare sale deed , but rajesh is not ready to prepare sale in favour of dev retired partner , now what to do how dev can purchse the said shop pls give some suggestions

amit   15 September 2016 at 21:52

Is advance amount is refundable

Sir I booked for marriage function hall on 8 August for 20th January 2017 with advance amount 5000 rs total rent was 51000/-
Now due to some personal problems i want to cancel the booking of marriage hall.i went get back 5000 i given to owner of marriage hall with receipt of 5000 paid to him he is refusing to give back money....

Anonymous   15 September 2016 at 21:12

Caste certificate

Sir/ma'am,
I have applied for banking jobs. I am a resident of west bengal for the past 20 years and origibally belong to bihar.My entire education is from west bengal,including college. All my identity proofs like voter id card,aadhar card,etc bear the permanent address of west bengal. But i have an obc certificate which has been issued from bihar. While applying for the job, i mentioned permanent address of west bengal. Please guide me whether my application is successful,given the above conditions prevail.

Vianney   15 September 2016 at 19:36

Name of purchaser of non-judicial stamp paper

When an advocate purchases a non-judicial stamp paper for use of his client, is it mandatory to also mention the name of the client for whose use it was purchased?

In case only name of advocate is mentioned but name of client for who the stamp paper was purchased is not mentioned, what is effect of use of such stamp paper?

M Satyanarayana   15 September 2016 at 15:46

After preliminary decree at what stages process to be served

Sir,

After preliminary decree in my favour I served process to the defendant in partition suit to come for partition by metes and bound and filed application under Order 26 rule 13 CPC. Taking undue advantage she filed claim petition which was proved to be bogus. Again the defendant family members also filed various bogus claims. To escape from metes and bound and advocate commission the defendant withdrawn the vakalath and the defendant counsel not appeared. My counsel due to various unknown reasons remained absent and my application for metes and bound and advocate commissioned was dismissed. Again I have to file fresh application and pay advocate commission fees. The partition suit is still pending why I should serve notice to other side when already the defendant received my notice after preliminary decree.

Please kindly advise whether I have to file fresh application and pay advocate fees and serve process again on defendant.

Thanking you,

M.SATYANARAYANA

VIJAY KANTHI   14 September 2016 at 19:36

Cross examination stage under CPC

In a suit for breach of contract, Affidavit for Chief Examination filed listed 8 Exhibits, 7 No of Docts marked Slim. NO.8 didn't marked due to xerox copy, Now certified copy obtained through Memo filed.
Now, does any other petition required to file.
Hon'ble Judge said something to file which my colleague was not heard properly.

Santosh Kale   14 September 2016 at 16:10

Can i sale my flat while consumer court proceeding agst builder

Dear Sir,
I am fighting a case agst builder in the consumer court for last 1 & half year for the delay of possession & poor quality of material used in flat.
However can I sale the flat before closing the case or should I wait till result of the case.
Pl advice.

With Regards,
Santosh
Thane, Maharashtra.

monty lamba   14 September 2016 at 13:05

Two suits and same cause of action

Dear Sir,
Hi,
1) I filed suit for declaration, possession
and permanent injunction, since 2012

2) one person filed application u/o 1 rule 10 cpc for making a party/defendant since 2014

3) thereafter applicant separate filed
suit for declaration, possession
and permanent injunction same cause of
action, i'm herein defendant since
2015

4) Hon;ble court allowed the party u/o 1
rule 10 and making the defendant for
applicant since 2016.

Dear Sir,
My Quarry should be file Application
U/o 2 Rule 2 C.P.C against plaintiff
therein my suit defendant :- two
suits and same cause of action,
please give your valuable advice.

Hemant   13 September 2016 at 17:04

Tenancy and ownership

Hi,
Two brothers were residing in a tenanted property ...the elder brother the original tenant passed away leaving behind his wife and 3 already married daughters (all married with kidswhile he was alive). The second brother became the tenant and rent receipts starteD coming in his name..property went in to redevelopment and the tripartite agreement was signed and duly registered in the name of the second brother... the second brother too passes away...leaving behind wife and kids who are now the legal heirs of the new owned redeveloped premises... and have already taken possession and are residing...
The wife aged 80 and daughters of the elder brother has filed a civil suit in high court fighting for rights in the property forging the new rent receipts... and other documents...
My query is as follows..
1. Is the tripartite agreement between the landlord , developer and the recognised tenant by the other two parties... holds any water....i mean is the tripartite agreement imcreases the chances in favour of the agreement holder?
2. After the demise if the elder brother wife...can their daughters still fight for rights as legal heirs?? As daughters all married long back...the wife of elder brother used to stay with us....but wad never issued a rent receipts in her favour you...whi h she has forged now by her daughters...

Looking for your expert opinions

Thanks and regards

K M Mishra   13 September 2016 at 11:46

Succession act

A lady relative have executed a registered will in favour of her four relatives the lady was having account in four different bank and a locker in the bank, on the basis of that will by the suggestion of some lawyers filed the petition for succession certificate in the competent court but now some are saying that on the basis of succession certificate no locker can be opened except the grant of letter of administration. Now what should I do? I am from Varanasi, Uttar pradesh