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Karthick Neelakandan   12 April 2023 at 10:41

How to demolish wall in our property

Dear Lawyers,

I'm based in Coimbatore and I would like to seek our advice in my case.

We have a land dispute with our Neighbour. The property was bought way back in 1972 by my Grandfather and at that time, there wasn't any compound walls or to leave space around the house.

Ourself and our neighbour had a common wall, one side of it is in our place where we had our roof tiles inserted and other side is our neighbours. The wall is 3 foot in thickness, 1.5 feet on our property and 1.5 foot on his land. He tried to construct a restroom trying to take 3 feet in our property but my father lodged a complaint, took an injunction order and stopped it. Then he started claiming that the entire wall which is of 3 foot is his own wall which implies (1.5 foot & 50 foot of land which is 75 Sq.foot) belongs to his property. My father filed a civil case and after 15 years, we got a judgement stating that he can only repair or paint the wall from January 1 to 15 but he shouldn't construct anything. In the year, 2014 we demolished our roof tile house and constructed 2 Storey building. Though he created several problems, we were able to construct our house.

But yesterday i.e. April 12th, 2023, he started repairing his roof tile by putting up a hole in the wall. We immediately called up the police. Though we have a judgement stating that he can repair it only between January 1 till 15th, Police didn't take up our case and they also allowed them to continue the work. We even asked for CSR copy, Police not even provided it but also abused us.

Moving forward, I have several questions before we legally move ahead.

1) Is there an expiration date for a Civil case judgement? Police is saying that we have got the judgement in the year 2005 and they can't accept it.
2) Can we go for Condemn of court or file prosecution petition since the Neighbour is not abiding by the judgement?
3) Is there an option to demolish the wall which is in our property? What sort of case should we file?

Eagerly awaiting your help.

Anonymous   12 April 2023 at 08:06

Temporary injuction disposed off and vacated

Sir I'm a new lawyer working independently recently I got interim order for plaintiffs in the shape of temporary injuction then further we had arguments in that case after some time judge disposed off the interim order and vacated the status quo.now is there any way out to file another application for injuction meanwhile defendants have already filed caveat .I know we have option to go for appeal but I want to know on fast grouds what would be better because defendants have started construction on suit property and sooner they will complete construction if the injuction could not be granted again In next few days ...

Anonymous   11 April 2023 at 19:36

Injunction suit

One co owner get injunction against another co owners and. Injunction can maintainable without title and declaration

Anonymous   10 April 2023 at 22:43

Non execution of sale deed

Sir,
My first wife leave me and remarried ( I have no proof of remarriage). I have filed a divorce case wherein she has refused to come back in her written statement.

Before completion of divorce, on good faith I have live in relationship with a lady. The lady is acting with me like a great actress.
On good faith I lent her money to her bank account to purchase a flat in her name for our resident.

Day after purchase of said flat the lady had broken relationship with me & went away after marriage with XXXXX.

I continue to reside on said flat since date of purchase to till date. She has verbally agreed to register the flat in my name but keep her promise.

Now with some notorious agents she try to vacate me to sale the flat.

Can I file a civil suit for register in my name ?
Please advise, I am in deep trouble.

DEEPAK DHAMEJA   09 April 2023 at 21:40

Injunction from high court

Respected sir,
since the possession of said property is from year 1963.
my father is entitled to get compensation under DPCR act 1954.
he heavenly abode in the year 1995. without any will..
Rest of legal heirs has been passed away and i remain only legal heir of my father.

And i got conveyance deed and property card .in my name.
as some time ago my uncle has created third party interest with some person. in particular property.
now third person is threatening me for dispossess.
now i am thinking to approach high court for injunction
if i approach court then whether i have to pay court fee or not.
and opposite party for possession has to pay court fees or not.



Ranvijay Chaudhary   07 April 2023 at 23:35

How to purchase partnership land

Hi Dear Law experts,

I have one question,

There is one industrial land which is owned by a Partnership firm with two partners.
In this partnership firm one partner wants to retire and one partner wants to continue the business.

Among two partners if one partner retires and I add my name to the registrar of the firm by preparing a fresh partnership deeds and changing the constitution of the partnership firm.

1) Will the industrial land come in my name if I become a partner of the partnership firm by changing the constitution of the partnership firm?

2) Will I have to execute any registered sale deed and pay stamp duty to the government?

How to purchase a land which is in the name of a partnership firm with Two partners?

Suraj Kumar   07 April 2023 at 08:12

Injunction breaking

I have under procession of a property whose value was paid to owner. The owner did not register the property in my name till date.
I have file a civil suit wherein injunction is granted in my favour & still in force.
Now the owner with his men & agents repeatedly try to forcefully vacate me.
I have file a case of 144 CRPC, 107 CRPC & an FIR u/s 341IPC,323IPC, 325IPC, 448IPC, 427IPC, 379IPC, 506IPC is lodged in local PS.
In spite of this, my op's are sending their men & agents threatening me for vacating the property.
Please suggest how can I peacefully live in that property ?

Nirav Gandhi   04 April 2023 at 21:55

Can nomination in demat account be challenged in court

I have been nominated by my Unrelated friend for his Demat shares held solely by him as I had helped in his difficult times can my nomination be challenged by the legal heirs in court as the depository has already transmitted those share to my name

Vishal jain   31 March 2023 at 22:15

Whether legal notice mandatory prior recovery suits

Hello
I took loan from bank and later bank filed a recovery commercial suit against me for the recovery of money.

Query...
whether a Legal Notice is madatory before filing a recovery suit OR in other words whether a demand Notice should be sent first OR directly a recovery suit can be filed...?

Vijay Bhaskar   30 March 2023 at 07:29

Dvc case after exparte divorce & getting permament alimony

Dear Sir

If Wife has received Exparte divorce in the year 2019 and subsequently received Permanent alimony from Husband before trial court through Execution petition 4 years later, can Wife still go on to file fresh DVC under Sec 18 now to return Stridhan having received Exparte Divorce & Permanent Alimony. Will Trial court allow it?. Please reply

Regards
Vijay