Member (Account Deleted)
24 January 2015 at 16:57
Respected Ld. Members:
I intend to file a Summary suit under Order 37 of the CPC for realisation of a sum of money on my and my mother's behalf.
My question is whether I myself can move the petition on my and my mother's behalf? Kindly explain in the light of case-laws.
Ajay Kumar
24 January 2015 at 15:36
Is there any Apex Court Judgment which lays that in case a stay order is given on some matter, the matter is to be decided within specified period say 6 months so that stay order does not operate indefinitely?
vishnu
24 January 2015 at 15:23
Hi All,
Can you please clarify.
the property eared by my grand father is called ancestral property?
i could see that it should be of 4 generations? is it true?
Adv M.D.Azhar
24 January 2015 at 15:00
sir, I need to know that, there are four sisters whoes mother is same but father are different. said mother left one house in which now B & D recides while A & C recides else where. But due to some problems A has filed a suit before the civil court for the declaration and injunction by soughting a relief that B to D will not come in this house and will not transffer the said property to any other moreover she prayed that, she is the owner of the said proerty. Now the fact is that A is not living in the house which is left by her mother. but she recides in her husband's house but she states in the suit that she recides there. in fact only B and D recided there so she need whole house and do not want to give the said house to another sisters who has also the same interest in the house. now she has filed a suit in which B,C and D are defendents and though she is not residing there she prayed above mentioned relief, so weather is he entitled for the said relief and i want to know that what are the rules of succession in the said case? weather she can pray the relief of injunction against co-ownerto alinet form the said prpoerty, what will be the sahre of all sisters?
Sumit Aggarwal
24 January 2015 at 13:55
Sir,
My client took a Credit Card from a Private Sector Bank in the Year of 2005. The last part-payment made to bank in December'2006. The Outstanding in December'2006 was approx 1 Lac.
In January'2015, Bank has made the amount approx. 3.5 Lac (incl. of All charges, late payment, interest etc) and Bank is keep on harassing my client to make the payment either at full payment of Rs 3.5 Lac or one time settlement at Rs 1.5 Lac.
Bank has arrangement with some recovery agents and those agents abuse and defame client over the phone and force him to settle the dues. Those agents never come in front of the credit card holder and they always talk over the phone with some unidentified numbers. Bank / Agents never sent any letter / notice in respect to credit card dues.
My Query is:
The credit card dues are time barred as per the limitation act, Bank can not recover the amount legally.
What steps should I take legally in favour of my client so that Bank can not harass him through any mode and issue a NDC (No Dues Certificate) without making payment to borrower because credit card dues are Time Barred in Law.
Thanks
VIKAS AGARWAL
24 January 2015 at 13:50
Applicant applied for Injunction order in civil court( because his land was being illegally being possessed by others) and it was issued on 06-02-2014 by civil court.The injunction order is extended date to date.
But on 18-12-2014 applicant gave application for its further extension.
Civil Court Peshkar has numbered the application and indexed it,but he didnot extended it.0n 18-12-2014 judge was also on leave.But applicant came to know that it was not extended.
On next date the defendant lawyer raised objection on it.I want to know whether the stay will be valid now?
surjit singh
24 January 2015 at 07:39
A partition suit was filed in 1991. The case went on till 2000. Thereafter evidence from both side was concluded. As there was some possibly of amicable settlement both the parties left the case and it was dismissed for default. The amicable settlement did not materialized and quarrel broke out between the parties and several criminal cases was filed on one another. Some of the criminal cases are still pending. In the meantime one party has filled application for partition in the year 2011 before Director of land record under a new act. But there is a possibility of this application being dismissed because the section under which the application is filed before the Director is termed ultravirus by the high court.
My question is whether after the dismissal of the application the parties can approach the civil court for Restoration of the earlier partition suit. I may point out that in one case supreme court said while deciding condonation only technalities should not be seen, the delivery of justice be also seen.
HASANBASHA
24 January 2015 at 00:35
Dear sir,
One of my friend's mother belongs to hindu religion has three children, she made a settlement deed of her property to her eldest son that the settlee will have sole ownership of the property after the life time of the settlor and the other children of the settlor of the first part are absolutely banned from any stake in the property but the settlee died before the settlor. Settlee was a divorcee and no issues.The settlor like to sell the property so we approached to the concerned sub-register office to cancel the settlement deed but the official told no need to cancel the deed, the described property automatically goes to the settlor. Is it correct? She can sell the property without cancelling the settlement deed? Waiting for your valuable suggestion.
Regards
Hasan
ritesh
23 January 2015 at 23:27
DEAR SIR
MANY MANY THANKS FOR YOUR VALUABLE GUIDANCE.
BUT I WANT TO SAY TO ALL THE EXPERTS WHO GAVE THEIR VALUABLE OPINION THAT "THE PROPERTY IS NOT DEMARCATED" IT IS A JOINT PROPERTY AND ALSO "MY FATHER HAD NOT LEFT ANY WILL". AND WE ARE ONLY THREE MEMBER IN OUR FAMILY, ME,MY BROTHER AND MY MOTHER.
SO ACCORDING TO THIS CONDITION, ARE THEY ABLE TO SELL THE PROPERTY INDEPENDTLY.
IF YES,
THEN CAN I SELL THE PROPERTY OF MY SHARE ? WITHOUT ASKING THEM.
PLEASE SUGGEST ME.
AND LAST.
TODAY I HAD MET A LOCAL LAWYER FOR THAT CASE,HE SAID ME TO COLLECT THE INFORMATION FOR THAT PLOT WHICH HAS TO BE SOLD BY THEM AND I HAVE COLLECTED THE INFO FROM REGISTRY OFFICE.AFTER THAT THE LAWYER SAID ME THAT HE IS GOING TO SENT A NOTICE TO CIRCLE OFFICER (CO)OR DCLR OFFICE OF MY BLOCK TO STOP THE MUTATION PROCESS OF THAT LAND AND AFTER THAT HE WILL FILE A SUIT FOR PARTITION.
AM I GOING IN RIGHT WAY OR NOT.
PLAESE GUIDE ME.
WARM REGARDS
RITESH
kumarriteshbca@gmail.com
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Property share
dear sir/madam,
my wife filed a case in the dist court for partion in her father's self acquired property,and case is going on,in between this her father has writened a will total property in favour of his two sons, both are married. he presented the will in the court .he is alive, so my qustion is the will legaly valid because it it writtend even though case is going on in the court.
please kindly reply.
thank you.