Member (Account Deleted)
04 March 2015 at 16:38
Hi
My Mother had 3 sisters in that my mother was the last child. My grand father (mother dad) dead and my ungle wants to take all property (land) to his name. So all of the 3 sisters are joined together and filled petiton against to him (before 10 years back). The High court was ordered to split across all the property by 1/4. So my mother had is one part that currently valued around 1 crore.
5 Years back my mother borrowed 40,000 R.s from third person (who lives the same city)and my mother handed over that court order judgement document (pattiram) to that third person. We don't know this. Other than this document my mother didn't given any legal document/ signed document to him.
Currently that third person is a big person (in political)
Now that person threadning my mother to register that property (land) to his name. We are sufferring lot because of this, and don't know what to do. We tried to consult some local lawyers but they are fearing to file case against to him.
Can somebody give me any solution for this. We already frustrated lot.
Please sir help me. Still I'm having faith in our court judgement.
I'm from Tamilnadu.
Thanks a lot sir.
Yours Truly,
Sandeep
Dalip Singh
04 March 2015 at 15:06
The builder has delayed the possession. Can someone tell the liability of the builder? Can the buyer claim interest and compensation for the delayed period. Anything else the buyer can claim from the builder.
sureshbabu
04 March 2015 at 12:53
Dear Sir,
Two cases by same advocate. Case 1 says that the sale deed to be set aside, as he admits that the registration been made as the transactions been made through the Bank.
Case 2, using fabricated document (government records) misguided the court to avail injunction.
Kindly advise, the corruption, conspiracy made by lawyer in fabricating the govt. records (468 & 471) to misguide the honorable court is not questionable? if so under what clause we can punish the lawyer?
Reformist !!!
03 March 2015 at 22:21
Hi Experts,
An appeal was filed by our OP in State Commission which has been dismissed in initial stages without even sending notice to us.
The appeal was dismissed in default due to his non absence. Moreover he took the stand that he never received the copy of final order of District forum, but district forum sent their report to state commission that their service was completed and OP was delivered the order already.
Now Judge in district forum is delaying the case unnecessarily. My question is how to proceed fast and whether OP can ask for restoration of case in State commission and if yes then how much is the time limit for restoration of case.
Please guide.
Kuljeet Singh Sohal
03 March 2015 at 14:01
I wish to consult regarding a fraud done to me by a railway agent.
I bought 4 tickets from an railway agent based in Delhi. he gave me the ticket yesterday and when i boarded the train I found the one of the passengers age he entered 11 years instead of 29.
So basically he made a half ticket and gave me fraud ticket where age mentioned was 29 but actual age in railway records were 11 yrs.He actually manipulated the age as well as fare in the ticket given to me.
As a result I had to pay a extra fine of Rs 750,
i wish to take some action regarding this.
Should I lodge a FIR in Police Station or report to consumer court??
I am based in Jharkhand and agent is in New Delhi . Can i do something from Jharkhand or i ve to go to delhi again??
Would be really nice if u suggest me.
nagaraj
03 March 2015 at 10:41
Hi All,
1.Non blood relative A with notarised GPA in 2006 attested by wife with 100 Rs stamp value sold the property with sale deed to X when the GPA grantor was alive along with all the property documents.
2. And X has sold to Y.
3. we z have purchased from Y but recently we came to know that a first owner wife has filed OS in 2008 on A and X challenging the GPA and decree has given in favour of first owner wife since A and X were never bothered to look into the case and now the case is in EX.
4. So please advice how to deal with this, we are in possession from 5 years.
5. can we pay the stamp value for the GPA now and clear the issue.
can we go for out of court settlement or can we fight the case.
Thanks
KASI VISWANATHAN
02 March 2015 at 22:20
1. Investment Advisors India Ltd ("IAIL"), an Indian Company, is a growing private equity firm based in Mumbai. It had an annual turnover of Rs. 200 crore for the financial year 2005-2006.
2. Supreme Constructions Consortium ("SCC") is also an Indian Company. It is a real estate contractor, which has executed several prestigious building contracts for top corporate houses over the years and has become a reputed name in the real estate industry.
3. In June, 2005 it was decided in the Board Meeting of IAIL to setup their own corporate house in Mumbai, at a unique address in keeping with their growing market repute etc. In July, 2005 for the aforementioned purposes, IAIL procured a piece of land from MMRDA in the prestigious locale of Bandra - Kurla Complex ("BKC"). In August, 2005 IAIL invited Request for Proposal ("RFP") (including Building designs, quotation etc) for constructing their corporate house. In September, 2005 after reviewing several proposals, IAIL selected the proposal submitted by SCC for its unique design, costs and other factors. On 15 September 2005, IAIL and SCC signed the contract that provided: -
a. SCC shall complete the construction of the project by December, 2006;
b. The total cost of the project was Rs. 60 crore;
c. IAIL will make payment in four equal tranches of Rs. 15 crore each, in October- 2005, February-2006, June-2006. The final settlement was to be made in December-2006 when the project was completed and was handed over to IAIL.
d. SCC was required to furnish a bank guarantee in favour of IAIL to cover breach on their part; which was 50% of the value of the contract or Rs. 30cr.
4. The construction began in October, 2005 and continued as per plan without any delay till June, 2006. On 10 June, 2006 a fire broke out on the top two floors of building causing severe damage to the project under construction. It was found that a certain machinery kept by SCC caught fire; thus substantially delaying the construction work. SCC and IAIL set up a committee of their officers to investigate the fire. The Committee recorded minutes that the fire arose from the position of machinery kept by SCC, and that the committee was unable to conclude whether SCC was at fault, and that this question of deciding fault will be referred to experts by IAIL immediately. IAIL never made this reference. The committee also noted that the fire had caused loss to the incomplete structure, and that the cost for completion would increase by at least 20%. After heated discussions at the meeting about extra costs, and about who shall bear these, IAIL and SCC decided to discuss these in a later meeting. This meeting also never happened.
5. The construction was finally completed in March, 2007, three months behind schedule. The final tranche of payment (Rs. 15 crore) was withheld by IAIL till the construction was complete on 1 March, 2007. SCC sent a letter on 15 March 2007 to IAIL claiming the last tranche of payment that was due and additional charges of Rs. 5 crore for the delay in construction citing clause 11 & 12 of the contract. The clauses read as under:
"11.0 SCC will not be liable for any loss or damage arising out of the work
carried out under this contract;
12.0 Furthermore, SCC is entitled to levy additional charges where (i) extra work is required to prepare the project before handing over of the finished project, and (ii) increase in costs arising from delay in completion of project, where delay occurs from causes outside the control of SCC."
6. IAIL refuted the contentions made by SCC vide a reply letter dated 20 March, 2007, stating that construction had not been completed as per schedule agreed under the contract, furthermore, it pointed out that due to delay in completion of the building, IAIL had incurred a loss of Rs. 50 lakhs as rental charges towards its leased office premises for the period of January-March, 2007. It also emphasized that it had the right to invoke the bank guarantee that was furnished as part of the contract. Further, IAIL stated that it was withholding the payments due to SCC for these reasons.
7. Meanwhile, an article containing an interview with the CEO of IAIL published in a
popular business magazine mentioned how the contracts entered with SCC were performed in bad faith.
8. On 30 March 2007, IAIL invoked the bank guarantee and collected 50 lakhs under the guarantee from the bank.
9. On 20 May, 2007, SCC filed a Civil Suit (C.S. No 1000/2007) against IAIL in the City
Civil Court Mumbai claiming the amount of Rs 15 crores of the final tranche of pay
ment,
Rs 5 crores for extra cost caused by the delay in construction, 50 lakhs being the amount
collected by IAIL under the bank guarantee, interest on these amounts, and also for Rs. 5
crore as compensation for loss arising from libellous statements made
against its
reputation. In the reply to the plaint, IAIL has refuted the contentions stating inter alia
that they were entitled to withhold payments for non
-
adherence to time schedule by SCC
and loss
es that arose as a consequence.
10.
Pending this suit, in Jul
y 2009, and at the instance of the Court, IAIL deposited 15 Crores
in the Court and SCC handed over the
constructed corporate house
to IAIL. Parties did
this without prejudice to their rights.
11.
The facts stated in paras 1 to 8 are either admitted or suffici
ently proved. The matter is
fixed for final hearing. Argue for (i) Supreme Construction Consortium, or (ii) Investment
Advisors India Ltd in the said civil suit.
This imaginary problem is formulated
for the purpose of moot court only.
Vennila Kumar
02 March 2015 at 16:56
i am born to a hindu schedule caste father but my uncle when my parents expired has given as christian in all my school records & govt. office too since he is a converted christian. I have filed a suit in the civil court for caste declaration. what will be the consequence of the suit. will it stand by me as per recent supreme court judgment. Thanks in advance. Vennila.J.
shaikh
02 March 2015 at 15:53
Hi Experts,
I have given my flat on 11 months leave. After the expiry of the agreement the person does not want to vacate or sign the new agreement or register the new agreement.
Can we consider him as a trespasser and initiate and ex-party order or criminal case.
Also is it safe to make an agreement in the name of persons wife, or it becomes difficult later to vacate since she is a woman.
thank you.
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Section 498a and section 402
Hi,
I am in US from the last 1 year from 9th Feb 2914 onwards
I have H1 B VISA valid till 31st Sep 2015 now.
My h1B VISA is likely to get extended for another 3 years.
My wife has filed false cases Section 498A,504 ,506,420 and 406 case on 13th Dec 2014 in India
She is staying separate from me and my family from the last 1 year in India
I have no involvement in any of the cases.
My Father mother and Sister got bail as this was falase and basesless and there was no proof.
I hope this false open cases against me will not effect my Stay and employemnt in US ?