PRAKASHCHANDRA MARU
28 August 2014 at 22:22
hello all learned,
That Mr. x having the land of agriculture. He died and after the death of it was came to the news paper that some persons (various) would like to sell the land which is sold by the deceased to those person to whom deceased sold the land.
That the heirs of the deceased want to say that they do not know that father of them sold to the property and the said land was converted into non agricultural land. That the revenue record shows the land is the totally agricultural and the press note came to news paper that this land is converted into non agricultural land and the area of both are differences. Seller given public notice to sell the plots.
How it should be decide that the said land is the same or differ ?
What should do for that type of matter ?
Can issue notice under transport of property act section 52 lespendence
Can take objection that we have right in this matter ?
Can take objection that father of heirs done with out the personal knowledge ?
Deceased given notice to canclllantation of the power of attorney can take the defence that the said powernama used with malfide intention
GANGAM.RAJENDER.
28 August 2014 at 20:02
RESPECTED EXPERTS.
SPECIFIC PERFORMANCE SUIT HAS BEEN FILED IN HON'BLE DIST COURT.
"POSSESSORY AGREEMENT OF SALE DEED" HAS BEEN EXECUTED AND MAJOR PART PAYMENT WAS PAID .
Q1.SUIT HAS BEEN FILED BASED ON THE DOCUMENT "POSSESSORY AGREEMENT OF SALE DEED" WHICH WAS NOT REGISTERED.IN THIS CASE WEATHER THE SECTION 53A OF TP ACT WILL BE PROTECTED OR NOT.
Q2.WEATHER THE REGISTRATION OF DOCUMENT IS COMPULSORY OR NOT.
PLS GIVE ME THE PROPER SOLUTION SIR.
THANK YOU SIR.
kavita podwal
28 August 2014 at 16:41
Sir
I am the defendant in a case for injunction. Now the plaintiff wants to amend the injunction suit to a declaration suit. My query is can he file a declaration suit on the site that i am in possession of or should he stick to the entire property that he claims to be the owner of , of which a part is where i have made a house. Please clarify. In order to save on the court fee charges, he is trying to file a declartion suit based on my small site whereas this long he was harping on the fact that is an agricultural land and there are no sites on it. I would be glad if you clarify with case laws as I am appearing as party in person Regards kavita
Himanshu Goyal
28 August 2014 at 14:48
My name is Himanshu Goyal. I want to change my surname from Goyal to Kayal. This will NOT result in change of cast religion. It seems there is no proper law or procedure for name change in india. If it is then please tell me the law where it is written? Are there any practical difficulties in this? or does the procedure vary from state to state? I belong to Rajasthan.
Advocate M J
28 August 2014 at 13:51
Good Afternoon Respected Members
I hve my case to be heard before the Hon'ble PO , Now the issues is since i and my client on medical grounds cannot attend the case . we both are medical sick. hence cannot attend the case for this date. and i think the PO is in favour of the defendant, now can i file a IA before the PO to prospound the case for 2 days later. which section is applicable , to propound the case for 2 days later on the medical grounds, becoy i am fearing that the applicant doesn't attend ,the PO will decide the case in favour of the Defendant.
will CPC section be applicable to prospound the case?
Thank you
Vasu Moottu Kuzhiyil
28 August 2014 at 12:55
A small piece of land measuring half cent has been orally permitted by the grand father of the present owner the land( hereafter 1st person) several years back ,for utilising it as urinal for students of nearby LP school that belonged to another person, ( hereafter 2nd person) . The school situates few meters away from the said urinal. Recently, a road has come up ( utilising as road by public) in between the School and land belonged to 1st person. Hence ,students have to cross the road to reach the Urinal which is situated deep inside the land of 1st person)
The land inherited to 1st person from the grand father who was permitting the urinal ( without any structures) is now partitioned. The urinal spot is now situated in the inherited land belonged to the 1st person as per partition deed.
After the partition, the ancestral house where 1st person staying is now dismantled . The 1st person has started construction of a house very close to the urinal spot and his house cannot be completed without stopping the students from utilising the area as Urinal. The paucity of his land does not permit 1st person to earmark any alternate area in his plot for urinal.
As per the educational policy of Kerala Govt adopted very recently, the schools without urinals would not be allowed to continue their function , as such, the Manager of the school ( 2nd person) propose to construct a a permanent urinal in the present make shift urinal unilaterally, but 1st person is not allowing the 2nd person either to continue urination of students/constructing a permanent urinal by the School management. in the present place or any other spot in his land .
As the dispute affects a lot of students studying in the School,We, the citizens belonged to the area are exploring different proposals to settle the dispute amicably. Even the area belonged to the School was obtained the present owner from by oral lease/ oral assignment and it is known as "Vakkar Charth " in Malayalam that practice is abolished now( Registration of Transfer of ownership of land that belonged by Verbal orders)
We want to know:
(1) whether the 2nd person have any legal right for continued utilisation of the area belonged to the 1st person for the simple reason that the said place has been utilising for urinating since long
(11) Whether any Criminal case can be filed against 1st person when he prevents students from entering his plot by constructing a boundary wall around his place belonged to him leaving no entrance route to the students to come to the place where they have been urinating since long?
Adv. Dedhia
28 August 2014 at 12:04
Where will the appeal against an order under Order 22 Rule 4 of the Code of Civil Procedure go ? To the Divisional Bench of HC or by way of SLP to SC?
Order 22 Rule 4 :Procedure in case of death of one of several defendants or of sole defendant.
Any help will be appreciated. Thanks.
kumar
27 August 2014 at 17:29
Dear members,
(1)If GRAND FATHER got 'X' properties through PARTITION from the GREAT GRAND FATHER and 'Y' properties through GIFT from his uncle.
(2)After this if FATHER got 'Z' properties i.e(some part of 'X'+some part of 'Y' properties of GRAND FATHER in the above) through PARTITION from the GRAND FATHER and 'Z1' properties i.e(some part of 'X'+some part of 'Y' properties of GRAND FATHER in the above) through WILL from the GRAND FATHER
Now my query is whether the CHILDREN (i.e FATHER'S CHILDREN in the above) get right on the FATHER'S property by BIRTH or NOT from the above??????
Shiv
27 August 2014 at 16:38
Recovery of personal lending:
A car is purchased in December 2011.
I contributed 50 % of amount in purchase and 50% amount is contributed by my friend. Car is registered in my friends name. Now unfortunately my dear friend passed away. He was a good man and man of word. But now as per law his legal heir is going for transfer of car. That is fine for me but he is also denying me of my share of investment in car. He is not willing to repay my contribution in car.
I want to recover my investment in car from Legal heirs is it possible to do that based on below facts.
I have following documents as proof of payment:1. I have transferred my 50% payment through RTGS direct to car shop which reflects in my bank statement.
2. I have made payment to Insurance Company toward Car Insurance Policy which
reflect in my bank account.
3. I have paid for one time road tax to RTO, I have original receipt of it.
4. Till date possession of car is with me.
5. I do not have any written agreement.
6. What are my remedies? Can I go for succession certificate or declaration of title?
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is Decree may be set aside and if yes what is the time limit to make an application to set aside the decree