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Krishnan.k   14 May 2015 at 18:28

Partition suit over ancestral property



Hello,

1.My Great Grandmother owned a property in tamilnadu, bought from her own income.

2.She had only one son which is my Grandpa

3. He had 2 children a boy (Elder) and a girl (Younger) (My mother and her Elder Brother)

4.My grandpa and grandma passed away when my great grandma was alive.

5.So the owner of the property My great grandma lived longer than my grand parents and passed away later

6.Until my Great grandma passed away she owned the property solely but she used the land for some loan (Mortgage) purpose whenever there is a need in the family.

7. She never wrote any will regarding that property, and no registered document is there for the directions about the land after her death.

8. After my great granmma passed away. The elder boy and the younger girl where the legal hiers of the land & both got married at the time.

9.The land documents and the patta was in the name of my great granmma all through the time

10. My mother and her elder brother,

11.some 20years back the Elder brother of the family has registered the property in the name of his wife, stating in the document that As he is the only owener of the property he tranfers it as a gift settlement to his wife. and register the document.

11.He never transfered the ownership from my great granma to his. but directly transfered the property to his wife. (Even when he gave a settlement deed to his wife, the land was in the ownership of my great grandmother. and no name transfer is done).

Now we filed a case in the district court and since the elder didnt appreaed for the case it was given Ex-party.

Kindly provide me information regarding the possibilities of the opposite party (Elder brother) for going to high court appeal and what are all the negative areas we have even after we won by exparty.

Is there any possibilty that the elder can win the case in the high court when he didnt even appeared in the district court??

Anil Kumar   14 May 2015 at 18:18

Consequences of putting up fence of govt land, road side?

I realize it's a childish, immature question, but I couldn't find anything related to this topic, need clarity in this regard.

We have a house on a 80 ft road, we recently put up fence upto 15 ft from our house in the area between road and house, which we don't own obviously. Lot of others on this road have encroached around 20 ft on both sides! Govt doesn't bother to check this road, it's rarely used, not a main road.

The high court has STRICTLY ordered, and even commented strong words to the nagar nigam dept to shift all the cattle owners to the outskirts, where land is alloted to these dairy owners. But nagar nigam is SO CORRUPT that they just seize the cows and return it back after taking bribes!

The order is 2-3 years old, They are repeatedly disobeying high court, the high court panel was pissed off once, said,"If nagar nigam doesn't get it done by the last date, we will send their officials also to live with the cows!!"

We put up fence because of stray cattle only, they are left for grazing in huge numbers at midnight, and the cows and bulls ransack our car, front door etc at midnight, for no reason! And it's because nagar nigam's fault that we are forced to put up fencing, even though we don't wanna break any laws. We own the house since 18 years, but shifted here last year.
IF in the future, the city TRULY becomes cattle free, we will gladly remove the fencing on our own.

TILL THEN, if they come here against encroachment:
1. Is it mandatory to give us warning first? Our fence is portable type, can be removed in few hours.

2. What legal action can they initiate?

3. Can they take action against us SOLELY, while leaving others scot free? The other encroachers have few political connections, I am pretty sure there won't be any action against them.

4.(I know it sounds childish, please bear with me)
Can we blame the nagar nigam on their own failure (dealing with dairy owners) and use it as an excuse to prevent any legal action?

mcs law   14 May 2015 at 18:05

Dv act

Hi,

I need help in dv act which has been filled on me by my brothers wife ...she has stated all false case ....please tell me how to handle it and proceed further .

Thanks and regards..

Sanjeev kumar   14 May 2015 at 14:48

New electric domestic connection

Dear Sir/Madam,

This is Sanjeev from Meerut UP.

Recently i made new small house in private colony in Sadhu Nagar Kanker khera Meerut.

i did apply for new electric domestic connection but JEE/SDO. are not response since last 6 month.

1. Distance of Pole : 82 mtr. from my house
2. cross wire on roof of some people house distance around 15-20 mtrs from my house
and some connection has provided in earlier from cross wire.

JEE/SDO asking me estimate expenses 1.5 lac. on single connection which i m unable to paid this too much amount.

so please help me what i can do to get new electric connection

Best Regards
Sanjeev
MO 9899838495

Sushil Wattal   14 May 2015 at 13:02

Ex- parte proceeding

Sir, Please tell me what is the time limit for setting aside ex-parte proceeding- my specific question is regarding Ex-parte proceedings only not related to ex-parte Decree

defendant has set ex-parte on 16-7-2014 and he moved an application for setting aside ex-parte proceedings on 09-09-2014

Plzz suggest me whether the application is on time, if not whether Condonation of delay application is required or compulsory (I AM FOR PLAINTIFF SIDE)

If possible plz also provide some judgements

REGARDS,
Sushil

shona bhagat   14 May 2015 at 10:32

stay cancel

sir a person taking stay on disputed property on the basis of false evidence (false sale deed) from lower court... other party make a petition us 420 that sale deed is fraud... no sign made by the party.... court made an order for checking guinuiness of sales deed.... sales deed is checked by FSL DEPARTMENT OF JODHPUR... REPORT IS NEGATIVE AGAINST A PERSON WHO TAKE STAY ON THE BASIS OF THAT SALES DEED.. my ques. is * IS STAY IS CANCELLED ON THE BASIS OF FSL NEGATIVE REPORT IF CANCEL ,CAN WE MAKE APPEAL IN JODHPUR HIGH COURT,AND IN HOW MUCH TIME

naveenraj jain   14 May 2015 at 01:25

interpretation of order

Respected sirs

An order passed by the honorable high court states that " paperbook has to be filed within 3 months failing which the appeal shall stand dismissed".
Now time for such filing is over and paperbook is not filed. Sirs when this is the situation what do the parties understand..whether the case is closed. Based on this order can the parties to the appeal derive their rights. .kindly enlighten.


Regards

Naveenraj.

shona bhagat   13 May 2015 at 22:54

Stay cancellation

sir
if stay ON DISPUTED PROPERTY is managed on the basis of sale deed,which is to be proved false on the basis of FSL REPORT OF JODHPUR.
*IS stay is cancelled?

*IS appeal against cancelled stay can be maintable in jodhpur high court....

* CAN WE GET FRESH STAY ON SUCH DISPUTED PROPERTY.

*CAN WE CHALLENGE FSL REPORT OF JODHPUR

guddu   13 May 2015 at 14:16

Provision of law in civil suit

I HAVE FILED A SUIT ON SOCIETY REGARDING DISPUTE OF ENTRY IN A BUNGLOW. SOCIETY IS SAYING THAT YOU HAVE AN ENTRY FROM THE BACKSIDE OF THE BUNGLOW WHERE BEDROOM IS SITUTATED. I HAVE CLAIMED THAT I HAVE AN ENTRY FROM THE FRONT OF THE BUNGLOW FROM THE SOCIETY INTERNAL ROAD WHERE DRAWING ROOM IS SITUATED. SOCIETY TRIED TO DISTRUB MY ENTRY FROM THE FRONT SIDE, SO I FILED THE SUIT. OPPOSITE PARTY HAS APPEARED IN THE SUIT AND
AND MOVED AN APPLICATION IN THE COURT IN MY SUIT THAT COURT SHOULD COMPEL ME TO OPEN THE ENTRY FROM BACKSIDE OF THE BUNGLOW AND SHOULD FURTHER ORDER TO CLOSE THE ENTRY FROM THE FRONT SIDE. TRIAL IS ON. DURING TRIAL, OPPOENT HAS PRODUCED A LETTER FROM PLAN PASS AUTHORITY THAT I HAVE AN ENTRY FROM BACKSIDE OF THE BUNGLOW. AFTER THAT I PRODUCED A LETTER FROM PLAN PASS AUTHORITY WHICH STATES THAT ENTRY FROM THE BACKSIDE OF THE BUNGLOW
IS SHOWN IN ORIGINAL PLAN BUT THAT PLAN WAS REVISED AND AS PER REVISED PLAN YOU HAVE ENTRY FROM THE FRONT SIDE. DURING TRIAL I CALLED PLAN PASS AUTHORITY AS MY WITNESS. OPPOSITE COUNSEL HAS CROSS EXAMINED HIM. DURING CROSS EXAMINATION OPPOSITE COUNSEL HAS ASKED THE QUESTION RELATED TO LETTER PRODUCED BY OPPONET WHICH STATES THAT I HAVE AN ENTRY FROM BACKSIDE OF THE BUNGLOW. I OBJECTED THAT QUESTION THAT THIS IS QUESTION IS BEYOND
EXAMINATION IN CHIEF AND IF OPPONET WANTS TO PROVE THE LETTER OF CONTENT WHICH HE HAS PRODUCED SHALL CALL HIM I.E PLAN PASS AUTHORITY AS HIS WITNESS DURING HIS EVIDENCE STAGE. BUT COURT ALLOWED THAT QUESTION TO BE ASKED. AFTER THAT PLAN PASS AUTHORITY HAS REPLIED THAT BOTH LETTERS ARE CORRECT AND I HAVE AN ENTRY FROM BOTH THE SIDES. BUT TODAY I GOT A LETTER WRITTEN BY MY DEFENDANT TO PLAN PASS AUTHORITY ON WHICH THAT LETTER WAS ISSUED BY
PLAN PASS AUTHORITY TO MY DEFENDANT WHICH STATES I HAVE AN ENTRY FROM BACKSIDE. IN THAT LETTER WRITTEN BY MY DEFENADANT STATES THAT TELL ME THE ENTRY OF MY BUNGLOW ON BASIS OF ORIGINAL PLAN BUT THAT HAS REVISED. MY DEFENDANT HAS INTENTIONALLY NOT PRODUCE THAT LETTER AND PLAN PASS AUTHORITY HAS STATED ANYTHING ABOUT THIS LETTER BUT WRONGLY SAID THAT I HAVE AN ENTRY FROM BOTH SIDES. NOW I WANT TO CROSS EXAMINE PLAN PASS AUTHORITY REGARDING
WHERE HE STATES THAT LETTER PRODUCED BY MY DEFENDANT IS CORRECT WHICH STATES I HAVE AN ENTRY FROM BACKSIDE. UNDER WHICH PROVISION SHALL I CROSS EXAMINE PLAN PASS AUTHORITY AND FOR THAT I HAVE TO MADE AN APPLICATION IN COURT.IF YES, WHAT SHOULD BE THE CONTENT OF IT AND IS THERE ANY TIME FRAME TO MADE THIS APPLICATION.

Adv. MUKESH CHAUHAN   13 May 2015 at 12:53

Surety against loan

'A' borrowed Rs. 50,000/- as loan from bank under PMRY scheme in September 2004. "B" stood surety for 'A's loan. 'A' bought some musical instrument and started his business. But business failed at inception and 'A' stopped repayment of loan after paying first three installments. Bank officials did nothing i.e. they did not confiscated musical instruments to protect the loan amount. In the meantime, 'A' sold instruments and misappropriated the money. Almost upto August 2014 bank did not take any action to recover the loan from brower. In august 2014 legal notice served to surety to repay the loan amount with interet i.e. Rs. 85,000/-. And then in October 2014 bank filed recover suit in the court.

In the above said period of 10 years, surety never signed any document.

My queries are as follows :
1. Is the suit is maintenable under Limitation Act ?
2. Can bank file recover suit after ten years of loan default.
3. From which point cause of action arises? from the first default by borrower or from the date legal notice issued to borrower & surety.
4. what is the remedy for surety ?