monty lamba
07 December 2014 at 13:24
Dear All Sir,
I was filed one suit Declaration, Possession & Injunction.(i purchased one property )- AFTER PURCHASED SELLER DECEASED
1. this time still court gives stay for concerned property with party's.(Plaintiff & Defendant's (Tenants)
2. one other person file u/o 1 rule 10 CPC (Deceased real brother). argument pending NEXT DATE OF HIRING ( January-15 ).application file behalf of false & fabricated WILL.
3. before argument u/o 1 rule 10 CPC, plaintiff (me) & Defendant's agree to settle (Compromise) in front of Mediation cell & application file for mediation with plaintiff & Defendant's, but court not allow before argument u/o 1 rule 10 CPC.
MY QUERY IS.
1.Plaintiff (Me) & Defendant before N.D.O.H SETTLE our dispute means Defendant's handover my property on written statement, deed & i'll be settle other criminal & civil suit with pay settle amount.
(this above matter wright way)
2.will Applicant be crate any dispute for
at the time of Defendant's handover my property.
3.if Defendant's handover my property without any objection.will court be allow Mediation with Plaintiff & Defendant's
for legal clearance.
4.will court give declaration for my property.
5.if No, please next legal step.
sir please give your valuable advise.
Member (Account Deleted)
07 December 2014 at 11:33
Dear Sir/Madam,
My 3 cent land’s correct survey number is 844 but had written wrongly in deed document 8444. I asked land seller to sign correction deed in the Sub Register Office. But he does not accept it. Please give me advice to make correction in other ways.
Thanks.
Marimuthu
Lakshmi
07 December 2014 at 01:00
I had signed a rental agreement in Dec'12 for the front portion of my motherinlaw's property & renovated the previously residential dilapidated house into a commercial gift store after spending 30 lacs funded by loans. I have been paying rent regularly starting at Rs.6500 monthly with an annual hike of 10% n now they have increased it by 100% to Rs.15000 without warning & threaten to evict us if we don't payup. We are sisters married to brothers of the same family & this shop is our only means of supporting our kids, we cant agree to their demands and fear Eviction & harrassment from our Inlaws/brotherinlaw as our husbands refuse to come to our aid.
1.Pls advise on how to take preventive measures to avoid eviction / threats / verbal abuse?
2. Can we or our kids claim right to inlaws property?
3. Do we file a Civil case or Criminal case for harrassment, verbal abuse & threats
Singh
07 December 2014 at 00:33
X has acquired one property from L&Dev office delhi and he has died intestate and 2 sons (A,B) has relinquished their share in favour of their mother.Mother has gifted her entire share in favour of B.thereafter few years later B has filed suit for vacation against A on the basis of gift deed as A was residing in the property with B's consent as a licencee and brotherhood basis only.
However A claimed his share by way of adverse possession in his written statement as he is residing in property so long and having electricity and sales tax reg number with same address.and also challenged Gift deed and Rd in his ws.
Court has made issue "whether A can claim ownership by way of adverse possession"OPD
someone told me that adverse possession is now outdated law and not applicable on the basis of latest Sc judgement
Hemaji Waghaji Jat ..App Versus
Bhikhabhai Khengarbhai Harijan & Others
where Supreme court struck out the law related with adverse possession.
So Query is whether we can move an application to strike out this issue as this issue is against the law pronounced by supreme court.
if yes then what are the chances that we could succeed and just confirming we need to move an apliaction under which section,
Please help
sarvesh patni
06 December 2014 at 20:27
I am a tenant in guwahati assam. I have been a tenant in the same house for 30+ yrs. So as it is my rent is low. But oflate in the last 6 yrs my father has shifted to his flat and i ,wife and one child r still staying in the same place. The problem with the landlord is that he has already increased my rent a lot but still it is the lowest to all the tenants. So from few years he is creating situations for fighting. Like no keys has been given to us for terrace for cloths drying which is given to all others. Like wise parking problems created for me but privides others with parking covered. When confronted the landlord says your rent is less an vacate if u have a problem..
Plz advice
jagjit
06 December 2014 at 13:38
SIR,
I HAVE FILED THE SECTION-9 APPLICATION AT MY PLACE IN WHICH MY WIFE HAS FILED THE TRANSFER APPLICATION U/S 24 OF CPC IN WHICH HIGH COURT PASSED THE ORDER TO TRANSFER THE CASE. I AM FILING THE SLP IN THE APEX COURT AGAINST THE ORDER OF HIGH COURT AND REQUESTED IN INTERIM RELIEF FOR THE STAY ON THE FINAL ORDER PASSED BY HIGH COURT, BUT THE MEAN TIME RECORDS HAS BEEN TRANSFERED TO MY WIFE PLACE ALREADY. MY QUESTION IS THAT,
1. IF APEX COURT ACCEPT MY SLP AND ISSUE NOTICE TO MY WIFE AND IF PASS THE INTERIM ORDER FOR STAY ON ORDER OF HIGH COURT THEN, WILL THE PROCEEDING OF THE CASE WILL ALSO TO STAYED AT HER PLACE OR NOT.
2. OR I HAVE TO FILE AN ADDITIONAL I.A. ALONG WITH SLP FOR PROCEEDING STAY AT HER PLACE.
geethika
06 December 2014 at 12:02
I am from a hindu family. My grandfather and grandmother has on son and one daughter. Iam sons daughter. My grandfather bought two homes, both two individual homes in the same compound. one registered in his wife name and another in his daughters name. (with the money he got by selling his fathers house). My aunt is living in her home and we were living in our grandmothers home(my grandmother got this home for his son i.e. my father. but didnot make any will). My gradmother died in 2005. My father died in 2010. My gradfather died recently. My aunt is claming that since my father is dead and the home is in my grandmothers name, she is claiming for the full property( she has her home and wants her mothers too). The original documents of our home are with her. Now we are thinking about shifting to another place, but we are not able to since she might sell without our knowledge. do my mother, brother and myself( iam married) have right our that property. can she sell without any one of us signing?
ajay kumar
06 December 2014 at 11:37
Experts kindly let me know that when for the first time in India under which Act females were given status of legal heirs and right to share the ancestral property ?
Kvijay12345
06 December 2014 at 09:59
In case of Unsecured Personal Loans a recovery certificate is been issued in which there is no mention of any property owned by the borrower.This same order is challenged by the borrower in DRAT . However the recovery certificate holder, Asset Reconstruction company has filed a miscellaneous application for the attatchment of the flat, in DRT while the appeal in DRAT is still pending and also sent a legal notice to the chairman of the society in which the borrower owns a flat requesting the society not to allow anybody to deal with the same flat in whatsoever manner.The flats mentioned are already mortgaged with other banks and the dispute over the home loan agreement is also pending in court. What will happen next? What are the remedies left with the borrower to stop the recovery proceedings?
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Possession
During the declaration and permanent injunction suit the possession is already proved to that of plaintiff and suit is decreed in favaour of Plaintiff. The suit is in second appeal in Highcourt.
One more suit has been filed by defendant in the trail court.
Should the possession of the property needs to be proved again by the plaintiff in the suit filed by the defendant in lower court by letting evidence again?
Or Plaintiff can submit that possession already provded and the matter is pending in second appeal and need not be proved again in trail court