Narsimha
30 December 2014 at 11:06
sir,
We have purchased a land from 2 different parties in our village in 2007. at that time we did't take any registered documents from them. we make deed in Rs.100/- Stamp paper only and registration was also not done. they have purchased this land from one person but they did't registered and make any agreement at that time. recently the brothers of the person who sold the land to above 2 persons were came and they said that this land belongs to them only. but in our village revenue record it is showing registered in my name ( it is registered by the officers on the basis of the Govt Order passed in 2011) Sir please Suggest wt legal implications....
JAVED AFZAL
30 December 2014 at 09:05
We have an ancestral house. Which has been divided by both of us ( brothers). We are in possession & living in our own portions.
(i) Testator From his share has given ½ share of his house property to his son. Remaining ½ share has been retained by him, it will go to his wife after his death.
(ii) We both brothers have a common piece of agriculture land. Testator From his own share of land has further divided it to his legal heirs.
After the death of testator , his legal heirs have got executed this part of the will in their own names i.e (Agriculture land) (Mutation of land).
But testator LR’s did not agree with the Ist(a) part of the will regarding division of house by both of brothers which took place in the life time of the testator .
Now Legal heirs of the pedestator after 6 years of will & death of pedestator have filed a suit in the Civil Court with the request that house which was divided by both of brothers in the life time of predestator be again divided by metes and bounds.
Pls gude me
1Whether the suit is maintainable after 6 years of the will and the death of pedestator.
2. Second part of the will i.e regarding agriculture land has been got executed by the Legal Heirs of pedestator, But First part of th e will i.e regarding division of the house has been challenged in the court. Whether only this part Can be challenged ?.It is a built up house we both live in and in possession of the house for the last 30 years. According to will both the houses has been got registered in Munciapal Committee records in the year 2008.They were know of the will from the first day.
Jagdish
29 December 2014 at 15:57
"A" a Co. has failed to repay the amount of goods, which was sold by Co. "B" in the year 2011. Co. "B" has send the notice in the year 2013 for repayment of goods but Co. "A" has replied through its advocate and did not paid any money. Period of 3 years for filing the suit is counted from expiry of credit period given to Co. "A" which was expired in the month of November, 2014.
1. Co. "B" shall count 3 years from the date of receipt of reply notice from Co. "A's" or expiry of credit period given to Co. "A"?
2. Can Co. B file the suit now by filing the condonation of delay application?
Harddik A Thakkar
29 December 2014 at 14:30
Dear Sir/Madam
I couriered an envelope having mobile phone worth Rs. 17000 aprrox.. Courier company has not delivered this envelope and misplaced it.
Now, they are not responding and don't take responsibility at all.
it is their basic duty to deliver the envelope.
What are the legal remedy available to me in this case?
Please guide me
sa7124
29 December 2014 at 10:51
Sir/Madam,
The ancestral property division case was filed by children at the ages 19 and 18 years respectively, now their ages are 26 and 25 years respectively. Due to few reasons case is delayed. Now the plaintiff No.1 filed chief examination report in the court, but due to personal reasons(went for higher education)Plaintiff no.1 cannot attend the court. After taking permission from court, we discarded the Plaintiff No.1 evidence report and filed another chief examination report by Plaintiff No.2. But all the facts were not disclosed in the chief examination report submitted by Plaintiff No.2 which are very important in the case.
Can Plaintiff No.2 now discard the present evidence filed and file a new chief examination report disclosing all facts??If so, please tell how it is possible.
The property belongs to Great Grand Father of Plaintiff's and received to Plaintiff's Grand Father as a natural succession according to Hindu Law.Before the death of Grand father of plaintiff's, he performed gift settlement deeds in the favor of all his 5 sons without partition according to meets and bounds and without plaintiff's consent and knowledge. As recently in the Month of May 2014 both Grand Father and Grand mother of Plaintiff's died.During filing the Petition the plaintiff's were not aware of all facts regarding case.They only claimed their share from ancestral property but didn't claim to cancel the sale deeds done over ancestral property.
can Plaintiff's now file a Regender/Additional petition in the civil court??
(or)
Now how can the plaintiff's file all facts, to cancel the gift deeds done over 5 sons and to cancel the sale deeds done over part of ancestral property.Can plaintiff's disclose the above things by filing Additional Petition (or) by filing all facts in another Chief examination report by Plaintiff No.2.
Please help us in finding solution and kindly provide your suggestions.
Thanking You
M RAVI KUMAR
28 December 2014 at 17:14
Sir, My father has murdered in July 2001 and my mother was one of the accused A3. Since father's death we are not living with her. It was known that she was absent to court since 2005 and police reported the Sessions court that she was untraceable. How can i get Declaration of death of my mother Since my father is Govt. Employee to get pensionary benefits. I have not lodged any complaint in any police station for her absency. I am having the warrants in that she is not atteiding the court. Court declared she is untraceable and splitted the case on A1 & A2 and closed the case. kindly advice on the issue and suggest a good lawyer in Mahabubnagar of Telangana state - Urs Ravi
AMAN GULATI
27 December 2014 at 21:41
My Acquaint Mr Chirag did some shoppings from ABN Amro (Now Kotak Mahindra)Credit card from dec-2006 to oct-2008 totalling around Rs 1 Lakh.
He also paid installments around 77000 (principle+interest) but after that he didnt made any payment of principle or interest because of financial difficulties.
The amount is now over 70000 due to penalties,interest and tax included therein.
He didnt received any legal notice from the bank till now.
Now a new manager is appointed and he threatened Mr chirag by saying to file a police complaint and use of goons for recovering of the balance amount.
As per section 25(3) of Indian Contract Act lender have no right to recover the debt which has exceed the period of limitation which is 3 years and as per the guidelines of RBI debt becomes loss asset for the banks if the default in payments continues for more than 3 years and to be written off as bad debts if auditor consents that so.
Now as the period of default is over 6 years,so it has exceed the period of limitation and bank would have also declared it as a loss asset and bad debts.
I just want to ask that are there any additional aspects of law in this case and can a bank legally recover the money, if yes how?
Your answers are precious..Kindly advice..:)
ramya
27 December 2014 at 19:07
Sir,
We filed an IA in suit i.e reopen witness petition which was order in favour of us with cost but we failed to pay cost hence the petition was dismissed. shall we file restoration petition under order9rule9. whats the procedure otherwise shall we use 148 sec of cpc to extend the time for payment. The court is district munsif court whether it has power to restore even when it was ordered. Else we hav to file CRP in high court.
Dagliamit
27 December 2014 at 17:54
I have issued more than 15 bills to three parties (Proprietor and Two Partnership - One Group only). Out of this six bills has been cleared by them and almost 9 bills is outstanding till 18 months. I have promisory note received saying that proprietor will pay for the same. Opposite parties resides at Surat. My quetstion is that :
1. I have received payment for six bill which is cleared and for remaining 9 bills can I file Summery Suit ?
2. There is clause for delay charges which is 2% per month - which can be claimed ?
3. Any stamp-duty payable for Summery Suit ? and what will be jurisdiction i.e. Ahmedabad or Surat ?
4. Oppsite party is partnership firm - I have no details of other partners. Can I file suit against Firm and known party leaving unknown partners of the said firm ?
5. What will be approx time for decree ?
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Adverse possession vs agreement executed
Hi Learned Law Experts,
We were staying in a property more than a century( year 1905) on the first floor , however in year Feb 2002 ,there was an agreement (duly notarized and witnessed )being done by the then Landlord (dead) with us ,which states that he will give us two flats on the third floor and also will also bear the costs of registration and other legal expenses.
On basis of that agreement we have left the first floor and the building was re-constructed up to third floor ,initially it was only ground plus one. We have moved to third floor in June 2002 and as per the agreement ,then landlord has given us two flats. Since then we are staying there in the capacity of owner by the virtue of the Agreement.
We have paid no rent sine 2002 and have all the government proofs( Electricity, Water bills, Telephone bills, Pan Card, Voter ID, Aadhar, LPG ,Kids School and DOB Certificates ,MCD House Tax receipts etc..) establishing our rights .
The issue here us that the Agreement was not executed as the Landlord kept us making fool that there is an Arbitration case going on the property in High Court hence till the case is solved ,he cannot do the Regisrty..we also believed as we were having relations with him / his family for more than a century. We also confirmed that a case was in proceedings in year 2004 .
However, now the landlord died in 2007 and his notorious son took a loan by mortgaging his flats and my flats in year 2009 ,2011 and 2013 Consecutively and became a willful defaulter, Bank got orders issues under SARFAESI to take the possession of my flats as the Landlord Son took a stay on his flat stating that my flats are sufficient to pay off the bank loan. The Order says that the "borrower will handover the possession to bank", however the possession is with us. Police, Court Receiver and Bank personnel are harassing us every now and then, we have provided them all our possession proofs including the Agreement ,still the tension is intact
He and Bank ,both filed a false affidavit in the court that the property is in physical possession of the borrower and no one else stays there.
Now, i need your expert advice to save my family and house from this problem and how can i get my Agreement executed/registered to establish myself as an Owner.
Someone says i should go for Adverse Possession as it has been more that 12 years we are staying with family in the flats and we can use the Agreement as an Evidence.. however some says this is not the right way and i should represent as a tenant.. Please advice whats remedies i have to establish my title and get relief.
This forum always gives right approach and right guidance, Your advice will be a life saver.