Nitish Banka
01 September 2015 at 18:28
Dear Experts,
In a suit for injunction i have prayed for
"a) To pass a decree of permanent injunction against defendants to demolish and remove the illegal construction."
is demolition of a construction is a permanent injunction or mandatory injunction??
is there need to amend the relief
Thanks in advance for expert guidance.
shobha
01 September 2015 at 13:38
Sir,
My husband has purchased 16 guntas in his native place during 1992 out of his earnings.I & my husband both are working in a public sector organisation before our marriage. In his native place My in laws brother in law were living. Both my husbands sisters were married and elder sister was residing in her husbands village. Younger sister even after her marriage was also living with her husband and children in my in laws house. In 2000 my husband constructed a house in his purchased land after getting suitable permission for construction. My in laws brother in law sister in law & her family were started to reside in our newly constructed house with our permission. In 2006 my brother in law got married and later some mis understanding between family members were started and quarels between them started. Being fed up with all these my husband filed two separate suite a) for declaration of his self acquired property b) partition share in ancisteral property during December2007. The younger sister and her family moved to her husbands village in 2009. Later on in 2012 August she was expired by committing suicide. In the year 2013 Feb.the self acquired property petition was declared as my husbands self acquired property and he is the sole owner of the property. In june2013 my father in law passed away and in october 2013 my mother inlaw was also passed away.In Aril 2013 my brother in law has file appeal in the next higher court stating that the property belong to joint property and he has share in the property also. Still the appeal case is running. He is trying to prove by giving tax paid receipt for this property paid by him by showing the application given for power sanction signed by himself and receipt for purchase of meter. He is just trying to pull the case by giving fake/created evidences. Even the partition case is also not settle so far. He is enjoying the whole property by selling all the crops and trees grown in the ancister property and now he is planning to plant some trees in my husbands self acquired property also. We are not able to go to our house as we are worried about arogent behaviour of him and his wife which may lead to some other conflicts.Hence please guide us what step can we take to stop his such activities and also to vacate him from our self acquired property(already declared) when the issue(appeal)is running before a civil court.
murali mohan c
01 September 2015 at 10:00
Dear Sir the property was first earned by chowda reddy i year 1920 and it passed yo his only son gajappa and for gajappa only son ganesh succeed to the property later ganesh had 4 daughters and son in the year 2000 gajappa died intestate on 2003 his son along with sisters entered partation ..now what is the nature of property in hands of ganesh which he got from partation ancestral or Separate
Mohit Singla
01 September 2015 at 09:15
Dears Experts,
One of my friend from India currently living in the England. I sent him the money for purchasing Iphones amounting to Rs. 200,000 for resale purposes in india. Now he is not sending me the stuff as well as not returning my money.
So i wish to know is their any legal remedy for recovering the money? As he is not in indian jurisdiction. i have no agreement with him. Every thing was done through emails or calls.
Someone suggests me to write a letter to the embassy of england in india. is it possible or a good way? please suggest
murali mohan c
31 August 2015 at 23:13
Dear sir for a deed their must be two witness ... Now in case fraud and other where the party benefiting from the transacation Creates his own witness who supports him .. When the agrieved person challenges the transactions what will be the situation when witness are on defendants side which is preplanned
George Lobo
31 August 2015 at 13:03
I had purchased a flat in 2005 and the builder also sold me a car stilt parking slot for Rs 1 lakh. He gave me a parking allotment letter and money receipt . The parking clause was however not included in the agreement of sale.
Recently the Supreme Court gave a judgment that in a housing society parking can not be allotted or sold to a member and parking allotment should be given on a rotational basis amongst members .
Now my housing society has informed members that the parking allotment by the builder stands cancelled due to the said supreme court ruling .
Kindly clarify whether the judgement is with retrospective effect of effective from the date of judgement .
Please help .
Anonymous
31 August 2015 at 09:40
Rent: is fixed maintainence of residence treated as part of rent. Seperate bills given for rent and maintainence monthly.
Ashok karumanchi
31 August 2015 at 01:16
My grand mother gifted 5 flats in Vijayawada to my dad on June 2012 by registered gift deeds. He mortgaged those 5 flats to bank by way of deposit of title deeds in July 2012. His loan is declared NPA on July 2014 and sub sequently they bank invoked SARFAESI act. Unfortunately my dad died on 28-02-2015. The flats were not sold out by bank till now. They asking mine and my brother's signatures. What should we do. We don't know about the mortgage. And it is not registered . They harassing by calling and frequent visits to our home. is the unregistered mortgage is valid ?. Any ways are available to save our flats from bankers. At certain point we even told the bankers that go for auction but they still coming to my home asking to pay loan. I urged with them that " as my home not mortgaged you have no right to come to my home, go and sell those 5 flats and recover ur money". We already in depression with my dad death please suggest us the best ways to get rid of bankers.
Ashok karumanchi
31 August 2015 at 00:48
My grand mother gifted 5 flats to my father through registered instrument in June 2012 without notice to my dad's brother and sister. On feb 28 2015 un fortunately my dad (donee) expired. Now I got the information from my relatives that my dad's brother and sister along with my grand mother (donor) trying to revoke gift deed on the ground that my dad did not accepted gift in his life time. Unfortunately we have no proof of possession. Even electricity bill was not muted in name of my father. Please help me with suggestions and what remidies I should take.
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Amending list of documents
A suit is filed with list of documents and documents
Now i failed to file site map in suit of injunction, now the site map is available and case is at the stage of filing replication.
questions
1. should i file separate application for amendment for list of documents or should i file the amended list of documents and documents with application under o7 r14