POOJA
30 August 2015 at 19:08
One of our client in unregistered firm engaged in the business of purchase & sale of Immovable Properties (IP). It purchased (IP) being unregistered firm(URF) and executed sale deed was not release by the sub-registrar Balaghat for want of adequate stamp duty. Because of these mutation was not done. In the meanwhile the seller who sold the immovable property to our client (URF), again sold out the same IP to another buyer thereafter this immovable property were routed sales to 3-4 consecutive buyers. The property was released in favour of our client by the Sub Registrar Balaghat after paying the difference stamp duty. Thereafter our client firm was registered and it comes to the knowledge of the firm and its partners that his IP was sold out to other persons so many number of times. After becoming registered firm (RF) the firm filed the suit for mutation as well as for possession. Please suggest/ our Questions.
1. What we do further and how?
2. Can URF purchase the Immovable property in the firm name? If yes now and any case law in favour of us.
3. The deponent against us has taken stand in the court we being URF we could not purchase immovable property nor can you file suit for possession / eviction. Though as on filling the suit by our client, our client is registered firm (RF). Is any similar case law in favour of us.
sagar
30 August 2015 at 12:41
Dear experts please advise. My mother is member of a local area kameti (unregistered chit fund ) from last 5 years and had completed many terms of kameti and also got the prize money on time. Recently, term of her one kameti had completed in july 2015 and she had to receive prize money of 150000 rs from the kameti operator. But this time kameti operator refused to pay prize money to her and other 2 members also. Resulting which the three aggrieved members has raised a fir u/s 406 of ipc . Police has also found the diary of kameti operator which contain records of kameti. At present the kameti operator is in police custody of 15 days. Please advise. 1. How we can get our money , as the kameti operator refuse to have any due. Where the other 2 member have cheque from the operator of money due. But my mother have only the written slip of operator. 2. As it is a unregistered chit fund and the matter of default in payment of members due what legal action can be taken against the operator and whether the members of such unregistered chit fund have any legal liability. Please give kind reply at earliest Regards Sagar 9990855818
Vijay Kumar
30 August 2015 at 02:09
My paternal grandmother(stridhan-immovable property) has left a will in the name of grandfather and my grandfather has died inestate. Now this property is registered in my father's name. Now, can my wife claim share in the above said property by filing DVC or maintenance cases or some other cases.
raj
29 August 2015 at 22:55
Respected learned counsel!
I am a medical professional facing cpa case.I challenged the judgement in the Honble national forum.The Honble forum declared the complainant as exprte as he didnt appeared before the forum nor filed any vakalta.
I need clarification on two things
Will the honble forum dismiss the petition favouring my plea.
will it order me to serve Dasti notice to the complainant after declaring him exparte
pl reply
Sudhin2218
29 August 2015 at 19:12
In the year 1948 Residential house property was purchased jointly in the name of my grandmother (father's mother) and my father , My father was minor during the purchase of the property. later my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, In between my grand mother has passed away.we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.Now the strager purchaser has put an appeal in district court and his contention is property purchased in 1948 is a stridhan property (section 14 of hindu successation act). hence its not a joint property Section 4(1) in The Partition Act, 1893 will not attract.
So need you are expertise here.. Though in the 1948 sale deed they have clearly mentioned that my grandmother name and my father name (Minor) are the buyers. and there is not even single sentence mentioned about what is the source of money. does it still attract as stridhan property?
Nitish Banka
29 August 2015 at 18:54
Dear experts
Can i file additional documents during replication in injunction suit as i have already filed list of documents with plaint.
if plaintiff is the only witness is it mandatory to file list of witnesses.
Thanks
Kvijay12345
29 August 2015 at 18:46
I want to sell my vehicle.The buyer has shown the intent of getting my vehicle transfer in his name at the earliest. But in the meantime till the transfer of the vehicle what are the legal measures of security I should take before handling my vehicle to the buyer? Because once I handed over the vehicle, I can not do much except following the buyer for transfer of the vehicle. Sometimes it takes more than a fortnight/month to get the noc from the concerned RTO & the vehicle remains in the name of the previous owner though it has already been sold& handed over to the buyer. What are the necessary steps to be followed at the time of sell of te vehicle to be legally safe?
Anonymous
29 August 2015 at 18:44
If a civil case is dismissed for default in the year 2011 then can I reopen the same now.
Anonymous
29 August 2015 at 17:31
Mr.A wished to take a property consisting with 11300sqf along with two storied building in the year 1980. But due to ULC act he could not purchase alone.
Hence along with his two brothers Mr.B & Mr.C, he and his 2 brothers purchased the property as 1/3 undivided shares. Total 3 different sale deed was executed stating as 1/3 rd undivided shares.
The payment done for purchasing for Mr.B & Mr.C was done by Mr.A, which is stated in sale deeds. The sale deed were executed on 5 April 1980.
Further on 15th April 1980, two different gift deed was made on a stamp paper by Mr.B & Mr.C stating that they would gift their 1/3 shares to the 2 sons of Mr.A when the sons become major, as the sons of Mr.A were of 15 & 12 years old in 1980.
The gift deed was done between Mr.A & Mr.B and second gift deed between Mr.A & Mr.C. along with two witness. The documents was not registered or notaries.
Now Mr B & Mr C are denieng to transfer their shares.
Is it possible to get the shares to the sons of Mr.A ?
Mr.A has expired on 2003.
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Need to apply in appeal court, within 30 days or next court date?
Hi,
I am the defendant and this is a civil matter. I am not in agreement with the recent court order. Next date is in Sep month. I am talking with my lawyer to go for appeal court or not, but wanted to know if there is any time span before which i need to raise it to appeal court like 30 days or before next hearing date in the current court?
Thanks.