narindersagar
31 October 2014 at 21:55
sir,my father was totally illiterate(angutha chaap) property was mortgage with possession by my father for 35000/- in year of 1971 which was mortgage registered this is usufructry as mortgage property was attached money decree passed property put on auction mortgagee purchased the property by permission of the court himself for 82000/- all the orders passed the court without notice after that compromise was done in court in which mortgager have to give the possession the keys of demised property after getting the possession by the mortgagee 35000/ will be paid to the mortgager the confirmation of sale was confirmerd by the court on the basis of compromised lateron the comrpromised was back out warrant of possession was issued in execution all legal objection is dissmissed upto supermecourt without merrits only on long littigation of 35 year hitory and money decree converted in to mortgage decree in execution we tendred decreetal amount as per transfer of property act 60 with jugements of supermecourt of india on this act 1 air 1997 superme court 456 tited parichan mistry v/s acchibar mistry and air1963 sc 1041 prithi nath singh v/s suraj ahir but execution was under pressure of apex court orders no where said about redemption matter and executing said the mortgage is extinguished by money decree and compromise in tpt act compromised should be registered instrument as per law and decree should debar the mortgager but nothing such thing has happened the possession of property has taken by the mortgagee the suit redemtion is pending in court was filed in limitation of 30 years is that suit will be effected by the judgement of sc (I am on road lost house as well rozi roti i am seniour citizen lost every thing for money only and tell me extungishment of redemtion is right is extinguished or not
atul kumar
31 October 2014 at 20:00
Sir,
Before more than A year, one of known help me with the sum of Rs. 25000.00 (Twenty five thousand) after a time i returned his money back by cash and some with transfer to his another bank account, After some time he also asked me for help him with some money, though that time i was not sure that i can help him i tried to help him and give him two checks with different amount.total was 87000.00 but i can not arrange that money and the checque were bounced. but after that i give him cash of Rs. 100000.00. and did not asked him for cheque back.
Now after A year he send me a legal notice through a lawyer and blaming that i have taken Rs 350000.00 for flat purchasing, and he is threatening me that if i am not paid that amount within 15 days he will file civil case against me as per section 1860. please help me and guide me. i want fight a battle with him.
Kailash Joshi
31 October 2014 at 18:54
One of Legal Heirs claim that their exists WILL (unregistered) however, when asked to produce copy says that the Advocate advice the same cannot be produced now.
What recourse do the other legal heirs have, in such case if the former denies the availability of WILL.
Kailash Joshi
31 October 2014 at 18:50
The Property owned by Mr. P at Mumbai, expired in 2002, subsequently property transmitted to Nominee (wife A). there are 5 Other legal heirs. Now Nominee (wife of P) entered the Leave and Licence agreement (without prior consent).
Whether the said leave and licence valid if
a. LL agreement executed (possession pending); b.LL executed and possession passed.
b. What are recourse available to other legal heirs from Court / from Society / from Registrar of Soc./ Whether legal heir can file case in Co-op. Court if society not replying to their letters
kumar
31 October 2014 at 17:13
In civil case interim order is passed,
but I filed appeal civil miscellenus appeal
after a period of 4 yrs I also filed condone delay petition ,now the c.m .a
is in sr. stage,
pl advice will the appeal be allowed or
dismissed.
Sir(s)/Madam(s),
This is a suit for declaration and injunction and alternatively prayed for recovery of possession. The land to be recovered is not assessed and for which appointment of surveyor commissioner is also prayed. Once plaintiff's predecessor sold a certain portion of the schedule property but since then defendant has acquired more than that. Hence the suit for the recovery of excess portion.
Now queries are :
1. What should be the Suit Value?
2. Which provision of Court Fees Act is required to file and how should I assess the Court fee in this case?
3. Whether admission of not in possession by the Plaintiff should be the demerits of this case?
bibiana
31 October 2014 at 09:36
Married for 25 years. Lived in a pagdi house in my mother-in-laws name.
Due to alcoholic addiction of my husband i have always been the sole bread earner throughout foreseeing this my mother-in-law advised to transfer the house to my name.
after her death have an noc from my husband, sister-in-law and brother-in-law stating the same.
however the rent receipt and the electricity bill has my husbands name in the middle (usually used after marriage)
About 6 months back he has deserted the family no clue where he is. he went spreading bad allegations about me saying he will get us evicted from the house using the neighbours as evidence. All on his side as he has been born and bought up with them and feel alcoholism is a sickness n should continue life with him. he has been selling things frm the house, borrowing and vanishing etc.
i continue living with my 3 girls in the premises but they find it very shameful and do not want to continue staying here. v r planning to move out to pune but worried of the house here.
can the landlord take advantage of the situation he knows all from the beginning and has been throughout been very co-op and understanding even when it came to transferring the rent receipt to my name never charged a single penny. but now with him no more with us cannot trust.
also can my husband demand anything if maybe i rent the place or plan to sell if no option left.
thanks for your guidance and advise
respected sir
civil court has passed the preliminary decree in suit for partition on 02.09.2011 then i on behalf of plaintiff moved an application for passing the final decree which is pending for arguments.
my question is what is next process?
whether i should move any other application for appointment of LC or any other application?
which order court shall pass ?
then what is the mode of partition by meets
and bound?
respected experts,
the civil suit has been instituted and the arguments in IA are commenced for petitioner side.
Q1.THE PETITIONER WANTED TO SUMMON WITNESS FOR EVIDENCE IN "IA" .IS IT POSSIBLE TO SUMMON WITNESS IN "IA",IF IT IS POSSIBLE PLS EXPLAIN THE CPC PROCEDURE AND ORDER , RULE FOR APPLICATION IN THE COURT.
THANK YOU SIR.
Redemption suit property
sir,my father was totally illiterate(angutha chaap) property was mortgage with possession by my father for 35000/- in year of 1971 which was mortgage registered this is usufructry as mortgage property was attached money decree passed property put on auction mortgagee purchased the property by permission of the court himself for 82000/- all the orders passed the court without notice after that compromise was done in court in which mortgager have to give the possession the keys of demised property after getting the possession by the mortgagee 35000/ will be paid to the mortgager the confirmation of sale was confirmerd by the court on the basis of compromised lateron the comrpromised was back out warrant of possession was issued in execution all legal objection is dissmissed upto supermecourt without merrits only on long littigation of 35 year hitory and money decree converted in to mortgage decree in execution we tendred decreetal amount as per transfer of property act 60 with jugements of supermecourt of india on this act 1 air 1997 superme court 456 tited parichan mistry v/s acchibar mistry and air1963 sc 1041 prithi nath singh v/s suraj ahir but execution was under pressure of apex court orders no where said about redemption matter and executing said the mortgage is extinguished by money decree and compromise in tpt act compromised should be registered instrument as per law and decree should debar the mortgager but nothing such thing has happened the possession of property has taken by the mortgagee the suit redemtion is pending in court was filed in limitation of 30 years is that suit will be effected by the judgement of sc (I am on road lost house as well rozi roti i am seniour citizen lost every thing for money only and tell me extungishment of redemtion is right is extinguished or not