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jpurus   27 March 2015 at 10:33

Land case

my grandfather has expired in 1990, his property has been illegally made patta by their 3 sons on their 3 names, excluding the 4 daughters of my grandfather family. Now, all the 4 daughters filed petition in RDO court and after 2 yrs, now after verification, RDO has issued the order to cancel the existing patta and issue a joint patta for all the 7 members in the family.

Meanwhile, 2 sons in the family has sold some portion of it to third party recently.

the question is:

Do we wait for the Tahsildhar to give joint patta to come first or we can file a case against the seller & buyer. whether it will not affect the overall patta processing, if we go to civil court now.

Ram Kulkarni   27 March 2015 at 08:06

Permission to start new business

If a person has been charge sheeted for running business for not taken legal permission, can he ask for the permission to start same business? Can the concerned authority legally deny him right of earning ?

Ansh   26 March 2015 at 16:54

Approach road used by others

I have 5 Acre land in Karnataka, touching to highway. When I purchased land 4 years back, land owner said the road at one side of farm is our property. So as buffallows and other animals are damaging corps, i put a fabricated gate on its entry. Though I told other survey number peoples behind my farm land that you can use the road but should keep gate always closed then also they have made police complaint against me and damaged the gate saying that the road gate should be open always and should be removed. I think they want this road permenently for their use.

My question is whether there is any law OR procedure to get order against these peoples.

Siddhi Agarwal   26 March 2015 at 10:12

Siphoning off of society funds under pretext of bribes

Are managing committee of co op housing societies empowered to draw and pay in cash bribes running in to huge amount without consent of flat owners ? A member objecting to the malpractices is threatened by the white collored goons and police is not acting on his complaint.
Pl. help as it is a serious matter of corruption.

Sanjay   25 March 2015 at 15:00

Stages in a rent control appeal case in tamil nadu

Respected Sir,
For a rent control case in Tamil Nadu, we the building owner(petitioner) won the case in the lowest court and the tenant(respondent) has filed an appeal.

Could you please let me know:
(a) What are the various stages in the appeal case
(b) Any tips to expedite/quicken the process?

Any advice helps!!

Regards,
Sanjay

Member (Account Deleted)   25 March 2015 at 14:44

Substitution of lr"s in case of deceased defendant

What is the procedure to substitute LR's of deceased defendant?

I only know one LR who is co-defendant, what if there are any more LR's, what will be the legal procedure then?

Matter is in High Court.

ASHISHKAMTHANIA Advocate   25 March 2015 at 12:28

वसीयत के बारे में

महोदय,
मेरे दादाजी के तीन लड़के है सबसे छोटे मेरे पिता हैं| दादाजी ने 1987 में अपनी एकमात्र वसीयत रजि0 करवाई| जिसमे उन्होंने लिखा कि अपने सबसे बड़े लड़के के लड़के (पोते) के नाम अपनी एक जमीन का आधा भाग तथा बाकी शेष आधा भाग अपने तीनो लडको को बराबर बराबर दिया जाये|

उक्त वसीयत के बारे में किसी को पता नहीं था केवल सबसे बड़े लड़के को व उनके बेटे को पता था|

1988 में दादाजी की डेथ होगयी|दादाजी की डेथ के बाद सारी जमीन तीनो लडको के नाम आ गयी|वसीयत वाली जमीन भी तीनो लडको के नाम बराबर-बराबर आ गयी|

अब दादाजी के सबसे बड़े लड़के के नाम 1/3 भाग था उन्होंने सन 1999 में उक्त जमीन बेच दी|
अभी तक उस वसीयत के बारे मे नहीं पता था|

फिर सन 2013 में उनके अन्य दोनों बेटो ने भी अपने नाम का 1/3, 1/3 भाग बेच दिया |अभी तक उस वसीयत के बारे मे किसी को कोई पता नहीं था|

महोदय, अब नवम्बर 2014 में उस वसीयत की सत्यप्रतिलिपि निकलवाकर दादाजी के पोते ने मेरे पिताजी से अपना 1/2 हिस्सा माँगा है| हमने देने से मना करदिया| हमने कहा की मेरे नाम 1/3 भाग था मेने बेच दिया| तुमने अभीतक उस जमीन में अपना नाम दर्ज कियों नहीं करवाया|

महोदय,
किया 27 साल बाद कानूनन उसका कोई हक बनता है| उसने 229बी /176 में बाद दायर करके मेरे पिता को पार्टी बनाया है|

महोदय कृपया अपनी राय दे की मेरे पिता को किया करना चाहिये|

धन्यवाद|

आपका अनुज

आशीष कम्थानिया
(अधिवक्ता टैक्सेशन)
सचिव: टैक्स एडवोकेट बार एसोसिएशन रामपुर 9258010105

Debjit Karmakar   25 March 2015 at 02:00

Sister, brother-in-law harassing my father for property

My father bought a 2bhk flat in my sister's name, all the funding was done by my father, meanwhile all the papers were in my sister's name. My sister got married, After that my father got retired and cleared the outstanding loan amount. As soon as the loan was cleared my sister and her husband started ill behaving with my father and wanted to throw them out of their flat, as the papers were all in their name. After counseling my sister, she somehow accepted the fact that my father deserved the flat, that is why she transferred the deed to my father. Now my parents legally own the flat. But from the past few weeks they are harassing my father that my father forced her to transfer the deed, and claiming money. The are literally threatening my parents. Please help how should we proceed? All the bank statements (proving that my father paid the entire amount for the flat) and official deeds are with us.

SNIGDHA KURIYAL   25 March 2015 at 00:31

Order 7 rule 11 & arbitration

“Section 8 of the Arbitration and Concilliation Act 1996 states that no suit shall be entertained by the civil court when there is an arbitration clause between the parties, and the Court shall refer the parties to arbitration.” Airconnect is an airline having its head office in Bangaluru. Fly Smart is a General Sales Agent (GSA) of Airconnect for North India having its Regd. Office in New Delhi. Airconnect has an agreement with its GSA signed at Bengaluru, which has a dispute resolution clause which clearly states that all disputes between the parties shall be resolved by way of arbitration. Due to the cancellation of its licence by Ministry of Aviation, Airconnect shuts down its flights abruptly. Consequently, Fly Smart is saddled with a huge outstanding debt from Airconnect on account of refund towards the cancelled tickets. Fly Smart has to recover a total sum of Rs. 25 lacs as per refund vouchers and has filed a suit for recovery against Airconnect at New Delhi. Airconnect is aggrieved by the suit filed by Fly Smart at New Delhi. Prepare appropriate filing/s under the relevant provisions of CPC to challenge the suit.

So, here can application under Order 7 rule 11 be filed?

If yes, do we have to file Written Statement aswell or the application would suffice?

Member (Account Deleted)   24 March 2015 at 21:56

Re open civil land case in lower court

DEAR EXPERT,
MY UNCLE LOST CIVIL LAND PARTITION CASE IN THE SUPREME COURT.

MAY I KNOW THE NEXT STAGE OF APPEAL PROCEDURE IN CIVIL LAND CASE?

WILL ALLOW LOWER COURT AGAIN RE OPEN SAME CASE?


PLEASE ADVISE ME

TNX.