gangesh
11 March 2015 at 05:07
Hi ,
One of my friend has made a house on land recorded as Navin Parti ( Gram sabha land) in Uttar pradesh.He is of upper caste and invested lots of money on house.the house was built 15 years ago.Now due to enemity one of his neighbour is threatening him to lodge a complaint at sdm office due to construction of house on navin parti land.
Is there any way to get this land converted in his name or Can he get patta /lease of the land?
becasue i have heard that navin parti land can be used for bulding houses etc and can also be alotted on patta.Is there any risk of demolition of his house if complaint is lodged?
Subhash Chandra Tuteja
10 March 2015 at 21:24
1/A Suit was filed in yr 2007 by gr A (two Brothers) on gr B(other Bro & Sis) for Title of a land area 0.59 acre. My Father C was also made a party who interfering in our family matter by insisting party B for partition with intention to grab the land. Gr A & B Compromised and got decree from lok adalat .
2/ Appeal instituted by gr B on gr A and my father was again made a party .Again Gr A & B Compromised and got decree from permanent lok adalat .
3/ Both case my father was ex parte (saman/notice was return with refusal of my father & witness were not our neighbour some one else ).
4/ my father purchased land area 0.59 acre from a zamidar in Yr1960 and also won the case against heir of zamidar in yr 1965.
5/Gr A & B Exhibit zamabondbust 1928-29 in which their g/father was mourski krishak and did not exhibit any other papers against disputed land .They exhibit another document(plain paper) sign by 14 village's persons for their possession since their g/father time.
6/ my father sold land area 0.03 acre in yr 1985 june to six persons whose other land was behind of this land for a path 12ft wide. Balance land area 0.56 acre was given to me against unregistered fmly settlement in yr 1985 july and got muted land in my name in yr 1987 . A pce of land sold for my sister marriage in yr1989 and two other parts were sold in yr 1995.the Balance land area 0.48 acre was in my name since then.
6/ In yr 2007 land was parted in 5 pieces & It was in the name of 11 persons in revenue recorded.but they were not made a party to it.
7/ As balance land .48 acre was in my name since from 1995 I filed a suit in Feb yr 2009 against all above brother & sisters. Both lower Distt courts pass TITLE decree in my favour and null and void above decree for not making me a party in their suit.
8/ High court admitted the case and setting a substantial question of law ABOVE SAID DECREE (YR 2007) IS BINDING ON ME ALSO AS MY FATHER WAS A PARTY.
9/ Party A & B gave false statements in their synopsis/fact of case before H’ble HC are
1) My Father was made party as he was claiming it is his land.
2) In year 2000-01 the land was transfer in the name of party A & B from their G/father.
3) In case file by me Yr 2009 pleaded I am owner of the land area 0.59 acre
Statement 1 never said before and statement 2 said in their origin suit (2007) and exhibit for another land hand written and sign by patwari which was also wrong (In 2000-01 this land was in my name).
Statement 3 just to mislead they stated full land area 0.59 acre instead part land area 0.48 acre
R/Sir ,
1) As responded could not object at the time of admission of case but can it be objected letter on ?
2) If yes, Under What act we can put application?
3) In Decree yr 2007 my father was made a dummy & unimportant party as per their pleading.
Can a title (compromised) decree will be binding on him?
4) Once both lower courts said the decree passed in 2007 is null & void then without discussion on its nullity can be the second question arises?
R.Padmavathi
10 March 2015 at 20:31
Sir,I have old DDs drawn in favour of Greater Visakhapatnam municipal corporation and misplaced them and found now.I contacted the bank people either to encash or revalidate the DDs but they refused to do so as they want me to produce the old employee who signed for the DDs but the employee left the job long back and cannot be traced.Help me find the solution in this issue.Iam ready to produce a notary copy or indemnity bond to the bank.Kindly help me to solve this issue.
Naresh
10 March 2015 at 17:52
My father was doing business since 30 years in the same premises. during this 30 years our land lord use to demand money from my father and those amount as been kept as advance for the premises. Landlords are living in joint family. Apart from that landlord also borrowed money from my father part by part which totally comes into figures in(laths) And those borrowed amount lend with interest (12%)
Landlord collects premises rent in advances and from the same rent receipt interest has been deducted.
Two years back my father expired, (legal heirs)we carry forward the same business. now my landlord not accepting the rent nor he ready to pay us the borrowed money which lend for interest. Recently without notification landlord of premises done the partition , not informed us(tenant)One among them asked us to pay rent because in his favor the premises has allotted. So earlier borrowed money and earlier advances are not comes into existence since after partition . And he wants us to pay large advances and higher rent for the premises.
Now to whom the property belongs to we are not sure of it nor they giving us copy of the documents to ensure to pay the rent to main owner/titled of the premise
I have sent cheques in favor of the earlier titled and money order also but they didn’t accept the both. No they sent us a notice to evict the premises within given period of time.
Kindly assist me what should i do now?
Gotu Riba
10 March 2015 at 16:31
Domestic violence act shall be proceed withCrPC or CPC?
arvinthan
10 March 2015 at 12:46
Dear sir/madam,
I belong to Schedule tribe. My wife belong to OBC. I would like to get a community certificate for my son in my wife's community for various reasons. is it possible?
K. P. Boda
10 March 2015 at 12:08
In a case under Cooperative Court, the matter was adjourned merely because the defendant was absent, though his lawyer was ready to cross examine the witness (Plaintiff). Can some one enlighten of the procedural rules if any and oblige.
GANGAM.RAJENDER.
10 March 2015 at 07:00
Dear experts,
The ancestral property has been sold by the father of defendant No.1 in the year 1967 and by birth defendant has a right in the property but the vendee has not in revenue records during their life time i.e 11 years AND THERE AFTER THIS DISPUTE PENDING AT REVENUE AUTHORITIES .the legal hairs of the vendee's are filed the suit in the year 2013 for declaration of suit and rectification of the revenue records.
ACCORDING TO LAW THAT IS "A P(Telangana Area) Tenancy and Agricultural Land Act, 1950, Sec. 47:-Transfer of agricultural land under a registered sale deed without obtaining the permission (of THASILDAR) under Sec. 47--VOID."
CITATION"APLJ 1990(1) (HC).
Q1.AT THIS STAGE CAN WE CHALLENGE THE REGISTERED SALE DEED IN THE YEAR 1967 BEFORE THE HIGH COURT FOR "CANCELLATION OF SALE DEED" UNDER THE ABOVE MENTIONED ACT. WEATHER IT IS BY WAY OF WRIT OR ANY ALTERNATE WAY SIR.
"WE HAVE OTHER CITATIONS UNDER THIS SECTION THAT "THE SALE DEED IS VOID DURING THE PERIOD 1950 T0 1969 WHEN THE ACT IS IN FORCE".
IF IT IS POSSIBLE PLS GIVE ME SUGGESTION.
THANK YOU SIR.
Udit
09 March 2015 at 22:03
Sir, how much court will be paid for filing of an execution petition for execution of an order of Rs. 8 crore and monthly Rs. 9 lakh rent. Can it be filed without depositing court fee that court will be paid later on recovery.
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U/s 45 indian evidence act.
नमस्ते,
मैने एक सिविल सूट फॉर डिक्लेरेशन पोसिशन एंड इंजंक्शन फाइल किया हुआ है |
एप्लिकेंट पार्टी(U/s 1 R 10) द्वारा नकली WILL कोर्ट में लगाये गए है |
मैने एप्लिकेंट पार्टी द्वारा लगाये गए WILL की सर्टिफाइड कॉपी को कोर्ट से निकाल के ओरिजिनल प्रॉपर्टी होल्डर(स्वरगवसि) के सैलरी बैंक अकाउंट में यूज़ सिग्नेचर की कॉपी , जो बैंक द्वारा एक क्रिमिनल कंप्लेंट केस में ( U/s 156(3) ) दिए गए थे की सर्टिफाइड कॉपी को मैने सिग्नेचर एक्सपर्ट से ओपिनियन करवाया तो पाया की एप्लिकेंट पार्टी द्वारा लगाये गए WILL के सिग्नेचर सैलरी बैंक अकाउंट के सिग्नेचर से नहीं मिलते है |
इस के बाद मैने एक पुलिस कंप्लेंट किया और बाद में कोर्ट में एप्लिकेंट पार्टी (U/s 1 R 10) के खिलाफ U/s 156(3) का केस डाल दिया है |
मेरे एक अन्य कंप्लेंट केस में इस प्रॉपर्टी पर पहले भी प्राइवेट एक्सपर्ट ओपिनयन के आधार पर मजिस्टेड साब ने दूसरी पार्टी पर IPC U/s 420, 467,468,471 & 120B
चार्ज लगाये है और सम्मन किया था |
सर, आप से ये जानना चाहता हुँ कि U/s 45 Indian Evidence Act. प्राइवेट एक्सपर्ट ओपिनयन सिविल कोर्ट द्वारा माना जाता है या नहीं, क्युकि मैने प्राइवेट एक्सपर्ट ओपिनयन कराया है |