pankaj Dev
08 August 2016 at 16:37
I have purchase one land in ABCD town . But due to disturb of broker, I have kept two CARE TAKER who is staying there around 10.0year.I have not signed any document regarding this issue . When I have asked then to vacate the land the caretaker refused to vacate the land and making some false statement that that I have promise them that I will provide them shelter for life long . Please let me know that
1) Whether they cam claim land
2) Whether they can claim unskilled lab our rate last ten year in the name that they have protected the land
How can I protect the land so that care taker can not claim the ownership of the land
Anupam
07 August 2016 at 18:52
I have filled an CMPMO in High Court and challenged the order of trial court in which trial court rejected my application under Order 39 Rule 1 & 2 for interim injunction. But High court is saying that its not maintainable, and given me time to prove the maintainability on next day. could anyone tell me that CMPMO against the Order in which lower court rejected the application under order 39 Rule 1& 2.
sreedhar musipetla
07 August 2016 at 16:08
Natural elder sister is blessed with three sons and all are married. younger sister is not having any issues. On the request of younger sister, the elder sister has agreed to give one of her son in adoption. Is it legally valid? What rights the adopted person acquires? Can he succeed to her estate as an adopted son?
H Patel
07 August 2016 at 13:48
Respected lawyers, Please Help.
I am seeking advice on the rent case which i am fighting with the landlord. I am the tenant, and took a floor(1bhk) on rent 3years back. landlord is living on ground floor.
There was dispute in between me and my wife in 2013. then my wife filled complaint in women cell to get her all istridhan & to live separately in a rented house with me(living away from my parents). Based on mutual understanding(with effort from women cell), it was decided to handover the ishtridhan to her and we both live in rented house. my parents handed over all ishtridhan and took the receiving & Signature on the Ishtridhan list from her & her family. That ishtridhan items then shifted to the rented house. Then from first day, my wife took the keys with her and living with her parents since then.
(The rented house has INTERNAL door locks which are fitted by landlord itself). landlord handed over the keys to my wife in my absence.
Rent agreement was made between me(my name) and landlord. I paid the rent on time till the agreement duration of 11 months, Even though nobody(me & wife) lived there & premises was closed as keys was taken by wife. Then i stopped payment of rent as rent agreement was over.
5 months after rent agreement expiration(Expired on July 2014), landlord filled this case for rent payment and Evacuation in Dec 2014. Only I was made the party as tenant and not my wife.
On following points, seeking advice from our esteemed experts & lawyers. Please help.
1) This case is in lower court of district(to rent controller). the court has done rent accessment & ordered to pay the rent calculated based on 25% hike on the Rent amount specified in rent agreement. 12K in rent agreement & rent accessed at rate 15K. Can I appeal/challenge this order in higher court of district(or which court)??? As the rent accessed on 25% hike but normally 10% is increased for next year. I am not able to pay that much amount. But okay with rent accessed at 10% hike. Please guide. the case is not closed & further to decide on evacuation.
2) As keys(INTERNAL door locks of landllord) are with my wife and premises is closed, and Ishtridhan items are placed there, Am I legally abide to pay rent??
3) What is the way to vacate the premises as I am not in condition to pay rent? Considering that ishtridhan is placed in the premises. If I vacate, what implication i may face from wife?? She dont want to continue this relation and has intention to make money. and I also want to end this chapter.
Please advice.
Regards, H Patel
bijay prasad
07 August 2016 at 00:58
A 50 yrs widow was residing in the house of her late father in law along with her mother in law and brothers in law. Her brothers in law on the consent of mother sold all properties that was in the name of her late father in law at their native village in u.p and the amount was distributed among themselves but she was not given her share and all the transactions were kept secret from her. The present house is constructed on the land of railway taken on lease by her father in law and presently this is only immovable property in the name of her father in law. Recently she underwent prolong treatment but her in law refused to pay the expenditures of treatment finally her only married daughter paid for treatment. On being discharged by doctor her parents in law did not allow her entry in the house and hot arguments took place she called police but her brother in law showed some unregistered agreement wherein she has declared that she and her daugher as no right to claim over the properties. Police did not accept fir as her one brother in law is an army officer who managed the police. She then thrown out from the house and finally she took shelter at old age home. She want take her last breath from that house from where her husband died and donate her share. She even do not know where her father in law's property located in u.p. as such information was never share with her. Is there any legal way to her for recovery of her share and what legal action available to her. Can she claim her share on the house. Please consider her case sympatheticifally and advise.
Anand
06 August 2016 at 21:52
My wife told to me first close ur section 9 Rcr..... Then she talk or join matrimonial house...... Meanwhile she file a case of transfer petition of section in SC and summon receive.... And SC has stay on my section 9......can I withdraw my section 9 from lower court without appear in SC.....
Snehal
06 August 2016 at 16:31
Hello,
I wanted to purchase a flat but original owner of flat is died long back and now same need to be transfer on his wife's name only after which I will be able to buy that property.
Kindly advise me fastest and easiest way to get this done.
What is the maximum time I can expect for this procedure.
Regards,
Snehal Subhash Thorat
9619118806
manish gupta
06 August 2016 at 13:43
respected dear all
please advice me , if karta is a dattak in hindu law can he gift his all ancestral property to only one daughter of out of his three daughters .
S Sengupta
06 August 2016 at 11:58
Honorable Sirs,
I have been a member of your forum now nearly six yrs but was always hesitating in putting any query.
I and my brother have been unnecessarily embroiled in several cases (civil and criminal) . Our land is part of a large parcel of land shown by black border in map. Land has been in our possession since registry in 1936. There has been a case for easementary rights in 1971(case 1243/71 in Munsif court) that was decided in our favour in 1977. But in that case also only a very small tract was claimed i.e. D-C-H-G and rest land was shown as land in our possession which was correct.
Now even though plaintiff’s main basis of case no 1165/09 in Junior Div court based on a map by Nagar Nigam claiming ownership of land to south and west of his sanctioned map no has been proved wrong, case is lingering on .(map is enclosed)
Another unfortunate part is that these neighbours had filed an appeal in Alld HC (Case no 41654/12) against lifting of stay order granted by DJ to construction stayed by Judge junior div. in case 1165/09. In that they had submitted morphed papers at HC. I failed to understand why inspite of caveat in HC my Lawyer did not give any written submission and without any written submission, construction was again stayed at HC in first sitting itself. Now 3½ yrs hence no Rejoinder has been submitted by the plaintiffs but they have put up a big notice on their wall so that prospective buyers get discouraged.Enclosed)
I am at my wits end. That building in the market values at about 3 cr , all my savings stuck in that project, I was practicing from that premises but after my door broken down I resigned from my job in SBI as Sr Med. Officer and stopped going there. Last time I filed an FIR a counter Esteghasha filed by them has got me going to court on every date for attendance however false it is. So breakage of door I did not report this time.
Pls tell me whether stay against construction in HC is a life long affair or time bound ?—the case is not being listed or listed very much low down.
Also pls tell me whether the old judgement of 1977 which was never challenged is still valid ?
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Writ under art. 32
the single bench as well as the division bench of High Court have dismissed a writ under art. 226 without hearing merits. same is the case in a lower tribunal also. it has been seventh year of litigation, nobody has heard the case on merits. From the decision of the supreme court in Daryao Vs. state of UP, a writ lies to supreme court under art. 32 on merits of the case. but if the order of the high court in which it said the ptnr has to go the appellate tribunal is not challenged it will become final. at the same time order of the division bench cannot be challenged under art. 32. So experts pls let me know what will be effect of not challenging the high court order after the petition under art 32 is filed on merits.
My understanding is since no court has heard the matter on merits till today, even if the order of the division bench is not challenged, it will not have any effect as the case has not attained finality on merits, the writ under article 32 will take care of the merits.
Pls guide on this with citations if any.