Krishna
01 January 2015 at 18:30
I have filed a civil suit. I have asked the court to issue the summons to the Municipal Corporation to call as my witness. Court issued the summons. Municipal Corporation employee appeared and given an examination in chief. After that Opposite has cross-examined him but he has completed his cross-examination. Meanwhile i went to high court regarding some other issue and high court has put the stay on trial. After that my petition has been allowed by high court later on and in between lower court judge has retired. Now after 4 months new judge has been appointed. Now the witness i.e. Municipal Corporation is not coming to the court because previously high court has put the stay on trial and after that lower court judge has retired. How to call that witness in the court.Shall i ask the lower court new judge to re-issue the notice to call him to the court. Is there any provision in law. Please guide me immediately.
MAMTA
01 January 2015 at 13:36
The flat stands in joint name of mother and son. Mother gifted her 50% share in flat by executing registered deed of gift in favour of son. The son have submitted application along with registered gift deed transfer form, resignation letter and nomination form for making necessary changes in society record.
now society is asking to submit form 16 and 17 which is to be submitted in case of death of the deceased member.
can you guide me what should I do?
skms
31 December 2014 at 18:05
Dear Experts,
We are in a bad situation , I will explain the long story short. I request your suggestions on this matter.
The grand father X had 10 children , the issue is with heirs of a daughter A and son B ,
X gave a property 'P' to A , in a registered will , same will also gives some share of lands to all children including 'B' , (so they can't deny they didn't see it)
'A' didn't changed the title of the land to her name, but she wrote a will granting all her properties divided among three children A1,A2,A3
the B died before partition of their land also he didn't write any Will , their children partitioned the land.
on that partition deed , they also added land 'P' belong to A , and B's son B1 got that land P.
B1 changed title of the land to his name even constructed house and he is living there for around 20 years.
Now when it comes to the partition of A's children , A1 , A2 and heirs of A3 (A3 died few years ago) they realized this encroachment , A1 is abroad and A2 lives in another state. so nobody know about the encroachment till now.
Total land area is 56 cents on which 10 cents B1 sold to 3rd party , and rest 46 cent is where B1 is living .
We suggested a settlement to B1 that in the remaining 46 cents he can take 10 cents and house , as he is living there and rest 36 cents are either given back to us or purchase from us on a discounted market price around 1/3rd less than current market price.
But he seems to be not intrested in the settlement , and he argues that nobody can't take back that land he already have encumberance certificate, village records in his name, also living there for around 20 years.
Actually as detailed above , the children of B , took a land in a partition suite where B didn't have any rights!
If we move forward with a suite (if no settlement work out) is there any chance for us? what we had as supporting is Will of X and Will of A .
Does it also comes under criminal act? They are actually creating some documents either convincing the registrar/village officers or bribing them.
Do we need to proceed directly to high court? - ie a suite againist govt, for registering a document without checking parent document?
I request your help on it. waiting for the reply.
Kind Regards,
Sarath
ramya
31 December 2014 at 17:31
Friends,
Is it possible to restore IA which is dismissed in suit. but the suit is alive.IA is ordered on merits with condition but fail to obey that condition IA is dismissed.
thanks, ramya.
ravi
31 December 2014 at 12:23
sir i want to call bank as a witness in recovery suit filed by me .i want to know about diet money for calling witness.my laywers is asking rs 2000 for this.
pls tell me amount of diet monet for summoning
AJAY KUMAR DAS
31 December 2014 at 09:28
Dear sir, the facts is I am the plaintiff(grand son ) before sub-judge court filed a suit for partition and permanent injuction against my deacesed grandfather ancestral properties now which is order in-force(statusquo) but simultaneously my nephew has filed earlier suit aginst the same self properties and same self parties for partition and permanent injuction at before addl. sub-judge, but in between they all collusively/amicably filed a compromise petition on mega lok adalat day on these properties but earlier I had filed u/o1 rule 10 at before addl.sub-judge but the order of the hon'ble addl. sub judge was son's interest will be protected by his father as father is the defendant at this so ther is no necessary of his son to this u/o-1 rule 10 hence rejected. simultaneously on lok adalat day I had filed a review petion u/s 114 order 47 rule 1 through proper misc. case with cause title with a new discovery that as defendants has omitted 4 plots in there compromise stating that it has been sold amicably but the true fact is during pendency these properties has been sold. we had submitted the "EC" following dates which properties been sold. now the ops advocates raised question that this review petition is not admitable u/o114 r47, so please help me regarding citations or if we move to appellate forum how many days will lower court provides times according to any citation or decisions or circulars, please help me.
Amit Kumar
30 December 2014 at 22:55
An Arbitration Award dated 16 Dec 2014 received in company's favor reads at the very end as follows:
"The Claimant shall make good the deficiency in the stamp paper within three weeks".
Please throw some light on the exact provision of Arbitration & Conciliation Act 1996 that needs to be complied with.
Thanks in anticipation !
Gilbat
30 December 2014 at 18:31
Dear experts,
My land civil case is still pending from past 5 years in madurai high court. I am 70 years old. when ever i ask my advocate, they are saying will take few more months... I need my final case hearning as soon as possible becasue my health condition is bad. Please advise.
Gilbat
30 December 2014 at 18:26
Dear Legal Experts,
I have got injection order for my land from madurai high court just 2 months ago. In that order,we forgot to include the "To" party "The Registor,Dindigul dist" ... is there any way to request Madurai high court to add one more party in my injection order? this injection order to protect my against party to do illigal land registration in registor office till main case close. for that Goverment registor officer advise me to add registor officer as one party..
Please advise me what should i do now? Thanks in advance.
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Pagdi system
Hello Experts,
I have a quick question. We are staying in a pagdi system chawl(Mumbai). The rent receipt is on my grandfathers name till now. My grandfather and grandmother died long back. My father too died 5 years back. All the other document (Electricity, Ration card etc.) are on my mothers name now.
Now the landlord is not transferring the rent receipt on my mothers name. She says that my uncle and aunties permission is required to do the same (who do not stay with us and has moved long back). We stay and manage property since last 15 years.
My question is:
1) Do my mother needs their permission to do so?
2)Secondly if any re-development plans in our area, whose name the new property will go? Is the rent receipt necessary to have the new property on my mothers name. If not what documents are really required?
3) We wanted to make it a duplex house as all others have in our chawl. Is it allowed without pagdi owners permission.
Your expert help is really appreciated.
Thank you in advance