Amitabhada
18 January 2015 at 20:14
We had rented our apartment under 11 month license agreement , 2.5 yrs back. The tenant stopped paying rent after 1st six month. We had given notice for eviction immediately after completion of 11 month contract. We next went to a lawyer who served them notice for eviction. Unfortunately, even after discontinuation of electricity and water supply they are still occupying. The court notices have failed to evict them. Our lawyer has put a petition for non payment of rent, he says that the papers in the court are missing after the court summon.
Can you help us with suggestion
Anoosha
18 January 2015 at 15:21
Hi,
I had a query regarding property division. My husband's grand fathers property was divided among his sons and got registered jointly to my husband's dad and his uncle already many years ago. Now they are selling the property. they are asking my husband and his brother to sign for selling it. Both of them are majors. My Husband's mother is asking for power of attorney for selling other properties so that we no need of coming during sale.But she is not ready to give any share to us.
Can we give her power of attorney and claim for share in the sale amount?
Is their signature required for selling the property?
And if we can ask for share in the sale amount ?
krishna
18 January 2015 at 13:03
Plaintiff file suit in 2008 for possession & 2009 came to know about sale deed by third party & therefore withdraw chamber summon to add third party as party to the suit without asking for cancellation of sale deed. Chamber summons allowed. This suit was withdrawn with permission to file fresh suit in 2012.
Plaintiff wants to file fresh suit in 2015 for possession & cancellation of same sale deed.
Limitation period is 3 years from 2009 for cancellation of sale deed. Article 59 of limitation Act.
Can Plaintiff claim exclusion of time from 2008 to 2012 during which earlier suit was pending for computation of limitation period for suit filed in 2015 under section 14(3) of limitation Act ?
Thanking you.
anshad
17 January 2015 at 22:15
I am asking for my friend.His father passed away recently.his parents got married in 1987.he was born in 1988, his younger sister was born in 1990.due to some issues his parents got seperated in 1997 and his father send a triple talaq to his mother.talaq was rejected by her and she went to court for maintanence.in 1998 they rejoined through court and lived together till his death.in 1997 after sending talaq, his father had a secret nikah with a lady.after his death , this lady and her 16 year old son came and asked for shares.she is saying that her son's father is the deceased person.she also produced a marriage certificate issued from jamath.his mother also have a marriage certificate from jamath.what is the legal aspect of this issue?
ckanta
17 January 2015 at 21:59
Sir,
I have filed one civil recovery suit against one person before ADJ Delhi .
The defendant has not appeared on couple of dates and exparte order has been passed which has been set aside by the court with cost and ground has been mentioned that he is old aged person with various ailments and his counsel also could not appear.Subsequently defendant again could not appeared for 2 dates and again exparte order has been passed aginst which now defendant has moved an application for set aside the same with same resons.I have talked with defendant and he told me that he has arranged a lawyer which gave him an assurance that He will delay the matters by putting these applications and you will not be able to do anything as it is his legal right and court shall again set aside the decree with some cost.I am shocked with his answer. Could you please suggest me some landmark judgements which I can quote in my arguments and will be able to succeed in rejecting his application.Please help. as defendant is misusing the law.
Thanks in advance
manoharan
17 January 2015 at 20:16
My mother inlaw died and executed will in favour of her foster daughter who is my wife. My mother inlaw's foster son is filed a suit in court and stating will is forgery. The will is registered and patta has been issued in my wife's name. My laywer is filed counter against the suit for claiming the suit is frivolous, fixtitious and false. When this suit will be dismissed in favour of my wife. How to deal this case , since my advocate has not taken any action and awaiting for trial. How can we speed up the trial, he is making excuse for last three years telling everymonth the case is pending in court for trial.Presently the tenants are paying rent to the court.
We are unable to take possession of the property as the tenants are paying rent to court. We are unable to evict the tenants due to court case is pending.
dsvarma
17 January 2015 at 19:57
we purchased a site long back almost 35 years, but in 2009 one of the person issued a court notice i have part of it when sale time i am a minor so like that, so we also went to lawyer and submitted the documents but my lawyer is saying case is postponing due to petitioner is not attending the court
to day i seen in the web site it stating that case status : Case disposed
nature of disposal : contested -- allowed means what kindly clarify
Mohan
17 January 2015 at 13:43
Dear Learned lawyers
My wife has filed 498a and with the help of police has thrown me out of my house
The case has come to evidence stage and the prosecution is not letting her lead evidence for the past 2 years
She has leased and rented my properties
I would like to know what is the process for eviction of illegal tenant
Regards
B.mohan
mohit
17 January 2015 at 13:04
hi Sir/Madam
Can a court while passing order in declaration suit can take temporary injunction as a ground where the injunction granted in another case between the parties???
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power of attorney
Respected sirs
1. Can a person having power of attorney further execute power of attorney with respect to same property in favour of 3rd person? What is legal status of that 2nd attorney?
2. If A Gaven POW to B for construction on certain land of A. Now C interfer in construction work. Now can A file criminal case against C or only B is competent to filec riminal case against C.
I search some judgements but I cudnot find answer so plz if any judgemt on these point kindly cite.
Thanks