Ashok
01 December 2014 at 19:58
Case details :
1. Year 1986 :
Person’ A ‘sold his property to Person ‘B’. Person ‘B’ plotted the land and sold as per plotted scheme to all with valid sale deed and did not file any mutation case.
Out of all land only 200 sqft can’t be sold by ‘B’.
2. Year 1988:
Person ‘C’ purchased from ‘B’. while going for mutation case tahasildar issued Joint patta infavour of ‘C’ and ‘A’ and patta did not shows any clear amount of land belongs to whom i.e what is the amount of land for ‘C’ and ‘A’ on patta but Mutation case of record sheet has figure w.r.t amount of land belongs to ‘C’ and’A’
3. Year 2011:
After getting joint patta, ‘C’ filed another mutation case to separate its name from ‘A’.
‘A’ had given consent and ‘B’ had also given consent to separate patta for ‘A’.
which is not yet finalized for 4yrs.
4. Year 2014:
Mean time ‘A’ expired. And ‘A’ ‘s son sold the said property to ‘D’ by using legal heir certificate of ‘A’ and Joint patta.
5. ‘D’ got patta from tahasil office by giving some money to RI and dealing assistant. As Tahasildar is new to office issued order to give patta and ‘D’ got it.
Under these circumstance what legal remedy should be adopted by ‘C’ for below points :
1. To whom should approach
2. Who has the power to declare sale deed as null and void for ’D’
3. Whether police complaint can be initiated against A’s SON, and under what section.
4. Which approach needs to be followed like administrative or civil proceedings-:
a)Tahasildar -> Sub collector -> Additional district magistrate -> revenue commissioner
b) civil proceedings
5. The tahasildar who ordered patta to ‘D’ is now active in same office, and whether same tahasildar can review his own order and make patta as null and void for ‘D’.
shankar dharma kulla
01 December 2014 at 11:36
my sister's in law has expired last year. her brother and his wife are willing to sell the flat at jogeshwari mumbai. But they are deny to share the selling half amount to my sister. Her in laws has not made any will. what should i do. is there any law or that equal share would given to family person. sister,s husband is alive and in laws has not made any nomination.
Rajendran A
01 December 2014 at 09:26
Sir, I have my own home in front of which there is a shop and the rental agreement got finished some years ago. However, he didn't vacate the place. The case is in the civil court now. But, he is now giving us other troubles indirectly through platform shopkeepers. Please advice me, the best way to resolve this problem.
My wife had mention in her 498a complaint that I was unemployed and asked for dowry to start my business for which my in laws have paid 5 lac to me. Now mediation is on at Allahbad and I have to pay 20000 for each trip and her travel expenses now I have taken loan to pay this amount as not working and there lawyers are stating they will put dv act on me and asking for maintenance taking this 20000 as ground that I am wealthy enough to pay
Where shall I put plea that I can't afford this 20000 anymore will she be granted maintenance on this bases
Please inform the law relating to withdrawl of POA given to an advocate in any civil case
lawyers friend
30 November 2014 at 21:04
We are tenant in a property since a century in Old Delhi area, however now the landlord has mortgaged the property 3 years back and got defaulted, Bank went to DRT and got an eviction order and appointed a reciever.
The last rent receipt we has was in the year 1997 ,since then the landlord has issues no receipt though rent is paid on six monthly basis , we also did not consider it as it was a very small amount.
My Question are :-
1) How my tenancy is affected and can i be evicted.
2) What remedies do i have to safeguard my family
We have filed a plea in front of the CMM who has passed the eviction order, but he denied our tenancy prima facie as we do not have rent receipts or lease agreement as such from last 17+ years, though we have electricity meter in my grand father and father name, paying house tax regularly and all other taxes.
We are so much stuck now.
Member (Account Deleted)
30 November 2014 at 15:38
Hi experts,
May I know how can I get a copy of my judgement copy from court?
The judgement was announced in 2002 against my father, but the parties are compromise in outside and I am having a registered copy of written statement.
But the original document is in count and the advocates are not approachable as they are very old and not attending any cases. Now I want to get the judgement copy and original document of my land.
How and whom should I contact in court to get this?
It happended in coimbatore court
Please please advise ...
RAMESH BHILWADIKAR
30 November 2014 at 00:47
A legal suit has come up in lower civil court (taluka court) in Maha.state.wherein we 10 are defendants.Queries are:-
(1)Court notices not recd.by no.4&5;whether they shld appear before court;whether 4&5 can still give advocate even before ackg.notices?
(2)1,2,&3 recd.notices but didnt appear on the very first date due to late intimation; can court give ruling "not pr.,hence no say(interest) in matter- pro.ex-parte" (this is what briefed by our advocate)and disallow to present in next date? Is it natural justice? Any rectification procedure?
(3)no.6 to 10 are legal heirs of widow def.no.5, but their names are not in 7/12 extract. (ancestral property)Whether def.6 to 10 can stand to defend their case in court? Is it necessary to include names of 6 to 10 in 7/12 extract as suggested by our advocate?
G.S.RAVICHANDRAN
30 November 2014 at 00:08
Dear sir
I signed a mutual agreement with my brothers sisters,in presence of panchayat people friends & relatives on march 29, 2013 valid till April 29 2013. In that they agreed that I will acquire my fathers self earned house in turn for which i shall give them portion of my land indvidually.All of us and 7 evidences have signed it .It was only the draft not made in stamp document.The document was not registerd They didnt handover the the home for me as one of my brother had differance of opinion.I too didnt give them the land.The panchayat people said that the document would be cancelled. Now I Have made agreement with a party to sell my land. One of my brother has filed case in court with the xerox copy of the document i made with the family members. The court has numberd the case with an invalid unregisterd xerox copy of the document. How can the court accept it? How should I proceed. The panchayat men have told that they will give me all the cancelled document.My brother has put posters in my village thae my land is in case in the court and no body should buy it. He can put posters without permission from the court or shall i file compensation case?Pls reply me
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