LaxmiNarayan
17 January 2015 at 00:10
Dear All,
Please suggest your valuable inputs in the below situation ....
Ld court civil judge order to get the khas possession of the suit property by evicting the tenant. Also directed them to hand over the suit property to owner with in two months . In default the decree has been put on execution.
The suit property is commercial premises.
Now execution case has been filed after the timeline given by the court.
Now Is there any requirement to send them any notice or summons from the court in execution case .
If execution fails or stayed by the appeal or by someway is there any way to charge mesne profit or the occupational charge in market value..
The tenant is not paying any rent for their occupation of the suit premises and defaulted to pay arrears ,rent for long time...(more than 8 years) , in this circumstances.. what need to do here..
Regards,
LaxmiNarayan
sandeep rane
16 January 2015 at 22:38
If a father giving Special power of attorney to the son to appear in the court on his behalf then it is necessary to get it register notary on it ?
Is it possible to make only affirmation on it before the registrar of court ?
any provision of law in this regard ?
Thanking you.
Mukesh Kumar
16 January 2015 at 16:55
Hi, I Mukesh Agarwal Son of Bijay Agarwal, I am working in Gurgaon but my hometown is in Dehri on sone, Rohtas Bihar.
Joint Family Details-
1) Late Narsulal Agarwal (Brother)
2) Late Puranmal Agarwal (Brother)
1) Late Narsulal Agarwal
A. Ratan Agarwal (Son) Age - 60
2) Late Puranmal Agarwal
(A) Ashok Agarwal (Son) Age 56
(B) Bijay Agarwal (Son) Age 54
(C) Anil Agarwal (Son) Age 51
(D) Shyam Agarwal (Son) Age 49
From last 10 year or more my father informed to his all brother for petition but they never agreed. A joint Family Business is Kumar Rice Mill which was taking care by Bijay Agarwal and Ratan Agarwal from almost 30 Years which is there in Aurangabad Bihar. This business was taken in Nilami done by Government after given all nilami amount in installement the government gave a NOC and only Ratan Agarwal name is there on that paper but the amount comes from the business even that time Puranmal Agarwal was alive and he was taking care of the business there. Now my father ask to ratan agarwal to make a deed for this business but they never say yes i will put your and your brother name on deed as well as except my father all his brother are one side they always playing game with my father because my father is not educated. ratan agarwal did many mistake and disturbed to my father and people know about this they all are rich but my father is not. We also have one land and my father had not sign the document and they saled that land to other party now we have total 4 house and one rice mill land because rice mil firm has stoped. Once again my father informed all his brother for petition but they are again not ready and my father has no business to earn money from any side. always they are harrashing amd fighting with my father and saying i will not give you the land i.e rice mill do whatever you want.at last my father filed a Petition Suit in Aurangabad Court, 23 is the date. But they are planning to sale that land without informing to my father. My father is crying he dont have any option to stop that.
I may request you to kindly help to my father. What he has to do, the court date is 2nd date first date was before 45 days and that 1st date no one came in court except my father and now on 23rd Jan, i dont know why this much time. Please help me. Is there any process that my father can get land also pettion can be done fast and no one can sale anything.
Thank You
Regards,
Mukesh Agarwal
Hg.mukesh@gmail.com
9971290019
Siddhi Agarwal
16 January 2015 at 11:23
Due to people with vested interests we could not get the land conveyed in the name of society nor the coterie has insured the building so far although building is 24 yrs. old. Will we get Rs. 5 crores if we insure the building for 5 crores and pay the premium as required. Will the claim be refused in the event building collapse and insurer says he will pay only actual reconstruction cost only which will be less than 5 crores.
jitenmhatre
16 January 2015 at 10:25
How much maximum time I get for file appeal in district court after orders passed by junior civil court?
S. Fernandes
15 January 2015 at 22:52
Dear Sir please advise if a Power of Attorney given to sell immovable property must be compulsorily registered.
Thank you
jitendra
15 January 2015 at 21:48
sir, my grandfater sell entire agricuture land in the year 2012.and such agriculture land is ancestral .such land transfer from my great grnadfather .then what procedure take to claim share in such property
sandeep rane
15 January 2015 at 19:59
Plaintiff got oral information about transfer of property on the name of defendant in may 2011.
Thereafter in 2011, Plaintiff apply for documents in respect of this to government office under RTI & got copy of Sale Deed in 2012.
Now Plaintiff wants to file suit for declaration that this sale deed be cancelled & set aside.
Article 59 of the Limitation Act is attracted. It say that limitation period is 3 years:
When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him.
From when the limitation period will be calculated from 2011 or from 2012 ? Please reply.
Thanking you.
AMIT MAHANOT
15 January 2015 at 12:51
DEAR SIR,
I HAVE TAKEN LOAN BUSINESS LOAN FROM BARCLAYES IN 2008 BUT FROM ANY CONDITION I AM NOT ABLE TO PAY THE EMI. AND I STOPPED AT END OF 2008. AND I BECOME DEFAULTED. BARCLAYS SOLD THE POOL TO PHOENIX ARC PVT LTD. PHOENIX HAS FIRE A CASE ON ME IN DRT 2011 AND THEY GOT RECOVERY CERTIFICATE IN 05/2013. AFTER ONE AND HALF YEAR THEY GOING TO DRT TO ATTACH MY PROPERY. AND DRT TOLD ME AFTER 4-5 DATES THET NEXT DATE LIKE 12/01/2015 I WILL GIVE THE ORDER YOUR PROPERTY EITHER SALE OR KURKI, BUT BEFORE WE SETTLE FROM PHOENIX IN SIX EMI IN TOTAL PRINCIPLE WHICH IS 12.32LAC , AND I GOT SETTLEMENT SETTLE WITH FULL AND FINAL SETTLEMENT LANGUAGE. AND I PAID ONE EMI IN DECEMBER AND NEXT DUE IN JAN/2015. BUT WHEN WE GO TO DRT IN 12/01/2015, TO SUBMIT CONSENT. THE DRT RECOVERY OFFICER SAID I WILL NOT ACCEPT THIS SETTLEMENT. YOU HAVE TO TAKE ALL AMOUNT LIKE(RECOVERY CERTIFICATE+ INT. 18 %PA). WHICH IS APP. 33 LAC BUT I DONT HAVE THIS AMOUNT. AND MY NEXT EMI IS COMING SOON.
1. WHAT SHOULD I DO?
2. SHOULD I STOP TO PAY EMI?
3. WHEN BOTH PARTIES AGREE THEN DRT HAS WAHT PROBLEM?
4. IS IT POSSIBLE THAT DRT CANCEL SETTLEMENT?
5. I AM DOING RIGHT OR WRONG?
RO IS SAYING ON NEXT DATE LIKE 16/02 PHOENIX HAS TO FURNISH CONSENT WITH 2 RULES SPECIFIED.
1 - THIS SETTLEMENT IS ACCORDING TO RBI GUIDELINE.
2 - COMPANY INTERNAL POLICY IN WHICH IT IS CLEARED THAT YOU CAN SETTLE AT ANY MOMENT SPECIALLY IN DECREE CASES.
I THINK PHOENIX IS NOT A BANK IT IS NBFC COMPANY WHICH IS REGISTERED UNDER RBI.
PLEASE SEND ME SUGGESTION.
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Which document to follow for property
Hi Sirs,
My father filed case against my grand father and got share (house)through court. Court Appointed commissioner to divide the share. Commissioner made house plan for dividing houses. My father got share and on the same court judgement ( final decree) my father's brother (2 elder brothers) also got share of property which is next to our house. My father's 2 brothers sold the house to one person by using their original Property document not court & commissioner document.
Now problem is, there is a wall between the houses. As per commissioner, wall belongs to us and neighbour claiming that it is belongs to them saying as it is mentioned in their property document ( We call Thai Pathiram in Tamilnadu).
Now which one to follow?..
Because It is divided property by Court and commissioner very clearly given measurement of house and Wall is belongs to us.
As it has gone to court and divided, we believe Property document become invalid?..
But we require advise from experts.
Pls. advise
Regards
Prakash