GANGAM.RAJENDER.
18 October 2014 at 16:12
respected experts,
the case has been instituted for specific performance of contract.the agreement has been made on dated 3-5-2004 on the rs 100/- bond paper.it was immoveable property with delivered the possession to the purchasers.
Q1.STATUS OF THE CASE IS IN FRAMING OF ISSUES.
Q2. HOW MUCH PENALTY WILL BE IMPOSED AND WETHER THE VLAUE OF THE PROPERTY CALCULATED AT THE TIME OF AGREEMENT 3-5-2004 OR PRESENT VALUATION .PROCEDURE OF CALCULATION OF IMPOUDING DOCUMENT IF ANY PLS PROVIDE SIR.
THANK YOU SIR.
ANIRBAN BOSE
18 October 2014 at 14:44
Dear Lawyers from West Bengal,
Please tell me the amount of court fees to be paid for obtaining succession certificate, applied for movable properties like shares, debentures, Bank deposits etc. aggregating to Rs. 1.78 Crores in West Bengal.
ANIRBAN BOSE
shashi vardhan reddy
18 October 2014 at 12:18
Can a third party file a writ in High Court when the directly affected person is out side of India.
Sita Vallabhav
18 October 2014 at 10:23
Respected Sir...
I earnestly request your valuable time for a query.. I give hereunder nature of the property.
My grand father's property ( which he got from partition of his father) was partitioned in 1959 after my grandfather had died before 1959.
The partition was done between his three sons. Three sons are Kalip, Balu and Atul.
The registered partition deed comprise of schedule A and schedule B. The deed is registered in 1959 itself.
Schedule A is share of Balu and Atul JOINTLY .... Schedule B is share of kalip. All of them died since. Both Kalip and Atul have family and children
Balu was unmarried, died in 1967.
So joint property under schedule A is enjoyed by the family of Atul till now.
I am member of the family of Atul. We were enjoying the property as per schedule B for the last 48 years or so... Schedule B comprises of land with two houses and paddy field which has shrimp farming income.
Both Atul's family and Kalip's family are staying in same city and are in very good terms.
Atul's family learns that legally, their share of property is Half of schedule B (Atul's share in that schedule) and another half in demised Balu's share.
The thing is, as a sincere effort, as suggested by some elders in the family, Atul's family approached kalip's family offering decent amount to clear the title in favor of Atul's family which most of the Kalip's family very much agreed.
But a couple of kalip's family raised issue saying that the properties must be disposed and shared. And also the income from the shrimp farming for all these last several years also must be shared.
This sudden stand of these couple of members of the Kalip family came as a shock to us.
In these circumstances we are forced to defend. and explored how to tackle the issue amicably or other wise.
Can family of Kalip claim share in Balu's share in joint holding of Schedule A?
If the issue to be sorted legally, is it wise Atul's family initiate partition suit or let Kalip's family initiate it?
If Kalip's family initiates partition suit, can Atul's family go for total denial and pray that since the ancestral property is already partitioned in 1959, it is not ancestral and hence cannot be disputed, as mentioned by points 1, 2, 3, 4, & 5 in the end of this mail.
If partition suit is initiated by either of the families, whether the court will order for sale of the property ? As Atul's family wants to retain the property and also would like to buy the other share, will the courts will order or suggest to offer the share for a "decent amount" or will it be the market price?
Respected sir, I once again thank you sincerely for your valuable time and humbly request your kind suggestion as and when time permits.
Does the following points can be raised?
1. The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals.
2. Since Mr Atul and his unmarried brother Balu were the joint co-owners of the share that devolved upon them after such partition then after the demise of such unmarried brother his share can be legally transferred in name of Mr. Atul.
3. Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone.
4. The property not being ancestral any more then the claim of the legal heirs of Mr, kapil in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.
5. In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.
Please enlighten me sir...
Rakesh Mishra
17 October 2014 at 13:50
Dear Sir,
Recently I had quarrel with my wife and one of her friend advised her to file divorce case. I called up my wife and asked her who is that woman who is misguiding her. Instead of saving marriage, she was advising her for divorce.
Hence in anger, I called up my wife and abused that woman on phone and asked my wife her phone no and address. However my wife did not reveal anything on phone and denied knowing such woman on phone.
My wife had recorded the conversation on her phone and later shared the same with her friend. Her friend filed FIR with police station for abusing and threatening her and filed case under section 506 & 509.
I request you to advise, when I am abusing any unknown person whom I have never met, will it be punishable offense. Further I did not abused her directly but instead I was scolding my wife to stay away from her.
Police have not arrested me, but they are asking me to file anticipatory bail.
Please advise what should I do?
Regards,
Rakesh
Rastogi
17 October 2014 at 13:37
If the question involved is only question of law, can suit be directly initiated in highcourt without getting into Trial court and First appeal?
M Satyanarayana
17 October 2014 at 12:22
Sir,
I am entitle as per preliminary decree passed by the High court for mesne profits against my sister who is defendant in the partition suit in possession of suit schedule property. The partition suit is pending for dividing the suit schedule property by metes and bound after lapse of 4 years still final decree has not been passed due to my sister’s filing one or the other petition prolonging the litigation. The mesne profit after taking into market value into consideration from the date of filing suit till delivery of possession mesne profit payable to me exceeds her one-third share in the suit schedule property. While passing final decree it is doubtful I may not be able to get mesne profit as ordered in the preliminary decree by high court. How can I recover my mesne profits after final decree when mesne profits exceeds her share. Please kindly advise and I will be greatly obliged if there is any citation on this matter.
MSN
Harsh
16 October 2014 at 20:45
I am legally apponited gurdian in person for both minors. While Paternal Grandmother is apponted as gurdian of properties.
She was earlier filed mOtor accident claim of injured minors.But all medical expenses are done by me and all original bills with me. I have intervene the application as respondent.Now i want to submit original medical bill as my advocate is asking. But seeing case status and for safer side i want to submit original bills without any risk. I doubt that due to whatever circumstances or way it may be possible that original bill will reach to opponent. So what care should i take while giving original bills. Do i need to submit in front of Judge or is there any must legal activities that should my advocate carry out like affidavit or any legal proceeding so that bill not be claimed opponent or any other person.
khokan majumdar
16 October 2014 at 14:51
Respected sir,
my friend wants to sell his house at hometown
but he is away from home.
while signing sell deeds, along with brothers & sisters his presence is necessary or not?
If so can it be done through power of attorny? please suggest.
Regards
khokanpranab majumdar
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subletting legal or illegal
We have a very old undivided disputed property in old delhi. In that property we have a tenant Mr. X who gives to Mr. Y(owner) but somehow Mr. Y is expired 5 yrs ago. Now the tenant is refusing to pay rent to Mr. Z (son of Mr. Y) as he is saying he will pay the rent only on the receipt containing name of Mr. Y as owner as he is saying he will not change the name on receipt. And in between this Mr. Y has rented the same to another person call Mr. A on terms in there partnership deed that he will provide him only workplace and all the stocks and maintenance will be borne by Mr. A only and he will take share in profit only, no loss will be bear by him or his place. Now Mr. A approaches Mr. Z that if he want then he can make rent receipt in name of Mr. A and he is ready to pay all the previous dues and continue new agreement.
(All previous rent receipts are made in name of Mr. Y & Mr. B ( B as another owner in property. Mr. B has sold his share to another person).