Zameer Razvi
30 May 2016 at 21:01
Res
My Grandfather was executed hibanama in favour of my uncle, since 2006 no mutation entry yet to be taken by talathi.
Hibanama is unregistered, executed as per Muslim law,
Oral hiba under Muslim law is valid
A month ago I have applied for mutation on the basis of hibanama, but, talathi refused because there are no column in mutation register, what should I do?
Balaji Bakthavathsal
30 May 2016 at 16:03
Dear Learned Lawyers,
I filed a civil suit in the lower court along with five others against 6 defendants. The lower court gave an exparte decree in our favour. Now, of the 6 defendants, one of the defendant who is at No. 4 and a power agent filed an appeal in the sub-court against the decree awarded in the lower court including the five other defendants of the original suit as respondents in the appeal petition. As a layman, I understand that the appeal can be filed by any of the respondent against the plaintiff/s of the original suit. Is it right on the part of the appeal petitioner to include the respondents of the original petition as respondents in the appeal petition ? Please clarify.
Abhishek
30 May 2016 at 15:48
In Hyderabad, a reputed builder suddenly withdrew all the services and ran away from the society. The builder was not keeping the society well for over the years. so the few of the residents stopped paying mantenance. The builder made this as an excuse and withdrew all the services one fine day. Meanwhile, even the residents were demanding from the builder for proper handover of the society to the residents, but builder never did that. Now as the builder fled, the residents came together and elected due members of the society on their own. But while electing new society members, they did not follow the bye laws of the association. as per the bye laws, many of the members will become ineligible to occupy positions in society. Now my question is will the new elected body will be a valid one and will it stands the legal scrutiny as the bye laws were not followed during election? few residents objected to this, but it was brushed aside and positions were filled in. What should be our next step of action> Please advise.
Santanu Dutta
29 May 2016 at 10:58
sir,
it has been alleged that a signature has been obtained in a blank stamp paper. afterwards the contents of the document has been written over said singed blank stamp paper in order to make it a pro note.
whether the age of the ink of the signature as well as the contents of the document could be decided?
if yes, please enlighten me with the procedure...
yogesh
29 May 2016 at 10:33
Dear sir,
We have planned to construct a new building in our land but that street people oppose that this is a temple land and you should not construct.we have asked their documents and they are showing only some Xerox papers and we asked for their originals and ec.they r telling this is a public place and it should not have any documents.but we are having pathirram,patta,ec.so we decided to construct with police protection.but they again oppose that you didn't have plan approval and you should not construct it.they also black mails that we will put in the court since there is no plan approval for you and it will take 10 to 20 years they are saying.kindly suggest me to construct a building and to solve this problem
Raj
29 May 2016 at 09:24
Case history:
1. A flat was jointly purchased by my MOTHER (1st name in society records and share certificate) and my MOTHER's MATERNAL UNCLE (2nd name) in 1986 in co-operative society.
2. Maternal uncle filed a case for full possession of the flat in 1997.
3. He expired in 1997. He has 6 legal heirs. 5 of them gave their POA to one and the remaining was named as defendant.
4. My mother passed away in 2015.
5. After 18 years the case was dismissed by default and proceeding closed by City Civil Court (dismissed by default). The NOM to re-open the case was also dismissed.
6. Before filing the case Uncle through a transfer deed transferred his share to my Mother through Notary (no registration).
7. His legal heirs claimed that the transfer deed was obtained by force and it should be declared null and void. Therefore the court passed an ex-partee decree to hand over possession of the flat to the legal heirs (one with POA). However the decree was later set aside through an appeal in High Court.
Queries:
1. Is the Transfer Deed still valid?
2. If its still valid can I get the entire shares of flat transferred in my name?
3. My mother and uncle submitted my nomination to society in 1986 another a different name but that nomination was not stamped and is not being recognised by society so what steps can I take to do that?
You response will be very helpful. I will be much obliged.
Abhishek minda
29 May 2016 at 08:49
My property is in siliguri west bengal and have a leave and license agreement,now the license is askibg for some time and I m not willng to further increase the period.
Anil Kumar
28 May 2016 at 16:55
Warm regards to all the experts.
We live in Jodhpur, Rajasthan. We have enmity with a person over a petty issue, he can't take legal action against us because he doesn't have a valid legal case. I had confirmed with the cops (honest talk, not by bribing!), they told me to stop worrying as there is no valid case.
He MAY stand up in the panchayat against us which will be held next week. We are a modern educated family whereas he is an illiterate unemployed guy who takes afeem regularly! In short, we don't believe in panchayats but he does.
NOTE: This won't be a registered/recognized panchayat. Some rich guy will arrange this panchayat (for his own selfish reasons) and call some well-known elders to act as panchs. Other caste members have an option to go their and raise their issues simultaneously.
Hence my queries:
1. Are such panchayat decisions VALID even for cities like Jodhpur?
2. Will/Can the cops go to the panchayat to stop their nuisance? If yes, under which law/section?
Thanks in advance.
Koushik Bhattacharya
28 May 2016 at 16:05
I and my girlfriend were in relationship for four years we had promised to marry each other, later her parents came to know about the relationship first they too agreed in front of my father for marriage, but later the girl betrayed me. I want to file a case for damages for breach of promise to marry. The damages claimed is for 10 lakhs will I succeed.
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Court order and it duration ?
a case which involve buyer, saler and third party.
a person sales a plot to a buyer by making agreement through a high court order and pay 40% of total amount in cash.third party puts case in lower court on buyer as he has done agreement,for blocking pathway through the buyer plot, lower court orders in third parties favor as u cant block any one pathway.the buyer appeals in high court asking for justice . the HC order buyer to put remaining money in court treasure bank and order saler to clear buyers obligation of pathway. year pass buy approxi 11 years but still the obligation has not been cleared.
the buyer purchase plotit through legal procedure as per 1st appeal agrement made ,mutation done now put for partition but objection taken buy third party again, to mention pathway route in partion plan.
now quetion is
1. HC order in 2nd appeal of obligation of pathway is still not cleared ,can the saler take the money from the court treasure bank without consent of buyer as he has purchased the plot?
2.what is duration of court order to be cleared by opponant.if not wht is the panelty?
3. can the buyer now go in the HC FOR 3RD APPEAL or in supreme court for contempt of court done by the saler?
4.will third party get its pathway in partition plan.
5.what mistake did the buyer do in whole scenario.