Aakash Singhal
22 October 2014 at 19:16
'X' had four sons and one daughter. The eldest son 'Y' bought a house in name of his father. 'Y' took a loan on that house from the bank and after some time 'Y' made an unregistered will in his name. After few years, 'X' expired. For the safety, 'X' also made a registered haq-tyag patra signing from his mother, brothers and sister.As years passed, the installments were completed. When 'Y' went to take the property papers, the bank refused to give and asked for the registered will else a name transfer certificate. Is the bank right on this issue.
madhuhas sharma
22 October 2014 at 17:34
dear sir
I (Umashahankar sharma)have four shop 3 shop on rent for 1989 & one shop is my own possestion . My three shop is very low rent Rs.325,350,400 & I am giving recipt to them . while my neghiour shop rent is Rs. 1500/ . So I want to increase rent my three shop . So how Can i increase my rent According to rule.
Umashankar Sharma
Railway crossing road
Tilhar _ Shahjahaanpur (242307)
Uttarpradesh
Pankit
22 October 2014 at 16:38
In past Bombay High Court passed order, retaining construction activity within 500 meter area of jail. Need details of that order.Please provide.
Thanks & regards,
Pankit J. Padia
M: 98201 98538
vinaykala
22 October 2014 at 08:47
dear sir,
my mother willed me the second UNCONSTRUCTED floor of a house at delhi, gf to elder brother and f floor to younger brother.
at that time mcd did not allow more than two and a half stories.
my mother wrote in the will about me , the executor, 'his judgement shall be final on all matters pertaining to the house' while concludeing the 'Immovable prop' part of the Will.
Now that mcd has allowed more floors , I have claimed before delhi high court that second floor upto sky belongs to me.
this is challenged by the brothers.
please advise:-
any case laws in the past that have dealth with such issues wheere roof rights are given but subsequently one can as per bye laws add more floors ?
vinay kala
oct 22,14
Dear All,
In a partition suit, there were two types of properties revenue and town properties, The suit was preliminary decree in 1960, later final decree proceeding started in 1987, the court appointed municipal commissioner to divide town properties and sent record to respective tahsildars to divide revenue properties.
The part of the final decree proceedings and execution of properties with respective town properties is fully completed in 1993 and respective possession is also given to decree holders, but the other part of final decree with respect to only revenue properties is also completed in 2011 but some of parties preferred appeal and is still pending.
Question: As all decree holders of that suit have died, Some of the decree holder heirs who has joint possession of town properties with their other
coheirs wants to divide properties among themselves, since there was dispute for division, they have filed a seperate partition suit to divide town properties only, but the trial court has rejected or barred the suit under order 2 rule 2 cpc stating the other suit for revenue properties which is still pending in appeal, go and lay your claim in that suit,but we had already had filed an Interlocutary application in the FDP court in 2009 but it rejected it stating shares of heirs of decree holders will not be determined by this FDP court, here heirs are in this suit only to represent the decree holders since they are dead.
Is the trial court right in dismissing our partition suit as our claim at present was only to divide the town properties which are in joint possession and the other suit which is pending in appeal is only for revenue properties which we have not included in this new partition suit plaint.
If so or we have to wait till that suit in appeal has to complete to divide our properties it almost 20 years since the town properties are in joint possession.
We are preferring an appeal over this order, as the trial court has barred our partition suit after stage of issues itself.
Thanks
Ali
Sir
"A" executed GPA in favour of "B" for developing and selling his properties on 17-01-20013. "A" died intestate leaving behind his son on 20-5-2014 . Now the son of "A" is claiming that the GPA is not valid after the death of "A" but "B" is trying to sell the property.
Whether the GPA is valid one and does "B" has the right as per GPA even after the death of "A".
Kindly explain the legal position GPA and its holder?
Chirag Trivedi
21 October 2014 at 13:32
Hello Everybody,
My case is filed in civil court for the possession of the flat and still their is no result coming since long time.So can i file my case under consumer court for the possession of my flat.
Regards,
Chirag
surjit singh
21 October 2014 at 09:36
In a Civil suit the where the case was the plaintiff was dispossed after one and half years of taking possession from a piece of land by the defendant under the pretex that he bought the land much earlier from the seller. The petitioner bought the land from the brother of the seller being the share of the other brother.
Now the judgement has been passed in favour of the plaintiff ordering that the petitioner will approach the court for appointment of commissioner through his counsel and thereafter the petitioner will take possession of the land.
My query is
1. Since there is a direction for appointment of commissioner for taking possession whether the plaintiff will have to file an execution case for it or to file an application for appointment of commissioner for taking possession.
2. Whether it is advisable to file an application for cancellation of the sale deed of the defendant before the Registering authority, because the area of land shown in the sell deed of the defendant is more than the share of the seller(brother who sold to the defendant, which has been upheld in the judgement.
RESPECTED EXPERTS,
THE DEFENDANT HAS BEEN EXPARTE AS THE SUMMONS WERE AFFIXED THE DOOR AS THE REASON MENTIONED BY THE SERVING OFFICER THAT THE DEFENDANT WENT TO ANOTHER VILLAGE.
THE EXPERTE ODER DATED 06-07-2014.
Q1.NOW THE DEFENDANT HAS CAME KNOW ABOUT THE CASE RECENTLY.WEATHER THE SET ASIDE PETITION IS ALLOWED WITH OUT WRITTEN STATEMENT AS WE HAVE NO TIME TO FILE WRITTEN STATEMENT OR NOT .
Q2. IF NOT ALLOWED WITH OUT W.S WHAT IS THE PROCEDURE WE HAVE TO BE FOLLOWED SIR.
IF ANY CITATIONS REGARDING THIS ISSUE PLS PROVIDE SIR.
THANK YOU SIR.
Notified towns for mortgage by deposit of title deed
Dear Sir,
I have applied for a housing loan with a Nationalised Bank for purchasing a Flat. The Bank Manager said I will have to mortgage the flat, and advised that it is sufficient to deposit the title deed to create the mortgage. I asked him to provide the notification to show that Goa is notified for this purpose. But the Manager is unable to provide the gazette in which the notification is published.
Therefore,
Please advise me if any towns in the state of GOA are notified towns for the purpose creating a simple mortgage by deposit of title deed.
The notification reference so I can obtain a copy of the notification.
With much thanks.