Menon
01 August 2014 at 22:27
Hello Experts,
I wanted to know that
Can court cancel the saledeed-registration in case of "doctrine of lispendency"?
(i mean, suit was pending before saledeed-registration but still saledeed registration has been done, now mutation is pending. In this case, can court cancel the saledeed-registration?)
AMITS
01 August 2014 at 22:18
DEAR ALL LEARNED LAWYERS ON THIS FORUM,KINDLY PROVIDE YOUR VALUABLE INPUTS OVER LA ACT SECTION 30 PROVISION.
THE MATTER IS CONCERNED WITH AGRICULTURAL LAND IN JAIPUR WHICH WAS PURCHASED BY MOTHER JAYA DEVI 1961,LATER IT WAS ACQUIRED BY RAJSTHAN HOUSING BOARD A GOVT CORPORATION, NOTICE ETC WE SERVED IN 1986 AND POSSESSION WAS TAKEN IN 1994,JAYA DEVI DIED MUCH BEFORE IN 1977 AFTER HER HUSBAND(LEFT BEHIND 9 CHILDREN 4BOYS AND 5 GIRLS),NOW MUTATION IN REVENUE RECORDS DONE IN NAME OF 4 BROTHERS AS HER SUCCESSORS IN 1977 ONLY, LATER IN 1994 ONE OF SISTER TULIKA DEVI WENT TO THE RAJSTHAN HOUSING BOARD CLAIMING HER SHARE,IN COMPENSATION THAT WAS TO BE GIVEN IN LIEU OF LAND ACQUIRED, APART FROM THIS SHE ALSO FILED "TAKASMA" CLAIM IN LOWER COURT FOR CLAIMING OTHER PROPERTY AS WELL, DUE TO ADMINISTRATIVE PROCESS DELAY THE COMPENSATION WAS NOT GIVEN TILL DATE NOW , THE RAJ. BOARD AUTHORITIES DECIDED TO MAKE TWO "PATTAS"OF 8/9 AND 1/9 SHARE AND DECIDED TO RESERVE 1/9 SUBJECT TO FINAL OUTCOME OF COURT REGARDING APPORTIONMENT OF COMPENSATION, NOW THIS SISTER HAS FILED AN APPLICATION FOR REFERRING CASE TO COURT FOR DECIDING HER SHARE BY MAKING A REFERENCE APPLICATION TO LAND ACQUISITION OFFICER UNDER SECTION 30 OF LA ACT , WHAT COULD BE THE POSSIBLE OUTCOME OFTHIS EVENT, LAO HAS ISSUED SUMMONS TO THE (4 BROTHERS) NOW I JUST WANTED TO KNOW WHETHER TO REFER A CASE
TO APPROPRIATE AUTHORITY IS A COMPULSION OF
LAND ACQUISITION OFFICER,AS HE CAN NOT BE A DECIDING AUTHORITY (HE IS NOT A JUDGE) OR HE CAN TURN DOWN THE APPLICATION FOR REFERENCE BY THE SISTER JAYA DEVI....WHAT ALL OPTIONS ARE AVAILABLE BEFORE LAO IN THIS REGARD?
IF AT ALL IT HAPPENS THAT LAO TURN DOWN REQUEST OF REFERENCE OF SISTER JAYA DEVI , THEN WHAT ALL OPTION ARE AVAILABLE TO HER ,BESIDES FILING AN PETITION FOR STAY UNTIL HER SHARE IS DECIDE ! AND CAN HIGH COURT IN CASE IF IT HAPPENS, CAN GIVE STAY OVER WHOLE LAND UNTILL ISSUE IS RESIOLVED OR THE HIGH COURT WILL ONLY GRANT STAY OVER 1/9 SHARE . KINDLY PROVIDE YOUR VALUABLE INPUTS!
syed nawaz
01 August 2014 at 21:47
1)what are the rules about opening a dental clinic in a residential property?? taxes or conversion or any legal formality??
2)can any one help me out with the project report for bank loan to open dental clinic in Karnataka
3)Do i need and licence from the Municipal corporation to open dental clinic. as i have my registered medical practitioner number from Indian Dental Association
Adv M.D.Azhar
01 August 2014 at 20:59
In One case there was dispute between the Municipality and other local people. They filed a suit against Municipality having said that, while organized the bid they have not adopted the procedure which is prescribed in the law. So they file suit in before the civil court in which plaintiff asked for the injunction not to construct the shooing center and re organize the bid. on the behalf of the Municipality filed application U/O.7, R.11 to set aside the suit? which was granted . Being dissatisfied the plaintiff/appellant filed appeal before the session court. Having said that Honorable lower court has not passed necessary order below Ex. 1 (Suit) and passed the order u/Ex. 14 Means the application u/O. 7,R.11. weather it is necessary to pass the order under Ex. 1. is there any judgment? And most important thing is that additional session court confirm the judgment of the lower court. Yet Collector has not considered the judgment and pass the order not to construct the said Shopping Center. Is it Valid, Advocates Generally says in the revenue courts that judgments of the civil courts should be respected and that are bound to revenue courts is it right? so where is that, any judgment regarding it? please sir guide us because collector has not been respecting the orders of the civil courts and passing the orders as he deems fit and also not giving the findings in the case so that the poor and needy people has to waste so much money to got to the appellate authority. May be he is liable for the Contempt Proceedings?
Member (Account Deleted)
01 August 2014 at 20:03
my parents had a home loan case with a bank....after both of them died....bank added our name through subsitution appilication.....we were neither the party nor in possesion of the property........can this be considered as a case against us.......i work in a govt orgnization....do i need to infrom my org of this
M Satyanarayana
01 August 2014 at 13:30
Sir,
I filed partition suit in the year 1997 against my sister occupying my mother's property. My mother died intestate and my sister refused to give share to me stating she bequeathed the entire property by virtue of forged Will. The decision came in my favor given by High court.My sister filed SLP in the Supreme Court which was dismissed. I filed for final decree proceedings and Advocate commission. Till date court could not appoint advocate commission due to filing of various false pleadings against me. My sister's daughter also filed impleadment petition claiming sha is the owner of the house purchased the said property before suit for partition when she was minor. There is no stop for litigation and it is going on and on for last 18 years.
Please can any body suggest any remedy or relief in the CPC or any law which can deter adamant and vexatious litigants for prolonging the case. Court is helpless and blames only pleaders. What is the repercussions when both sides pleaders avoid attending litigant case for some reason or other willingly or unwillingly. When the case is going to be resolved, is there limit . It is my personal question but is also affecting every litigants in the Indian Courts hence it is in the interest of public.
Please kindly advise.
MSN
G. ARAVINTHAN
01 August 2014 at 07:37
X executed a settlement deed in favour of his elder son.
Property and possession not taken by elder son
X cancelled the settlement deed and executes settlement deed in favour of second son.
Whether the cancellation is valid ?
ashok kumar
31 July 2014 at 21:19
Hello sir,
I've purchased flat from a builder in 2009 by filling an application form and was promised that possession
would be delivered in 2 years.They also told me to execute buyers agreement which I delibrately delayed executing as my lawyer friend advised me that it contains conditions which are heavily loaded in favour of builders although an allottment letter was issued in my favour.Almost 90% of payment were made by me in 18 months from the date of booking yet no possession was delivered till may 2014 though it is ready to be delivered now.I deposited the remaining 10% in may with them.They told me to execute the buyers agreement and also told me to execute indemnity bond and maintenance agreement which i again refused and my lawyer friend argued with them that as the full paynment is paid therefore sale deed should be executed .The builders argued that application form contains conditions that the purchaser will execute buyers agreement as and when demanded by the seller and the purchaser is bound with the maintenance agreement of the seller.They also told us to deposits funds equivalent to the stamp duty charges;registration charges etc and deposit maintenance security.They told me that no sale deed would be executed without the completion of aforesaid formalities.However my lawyer friend served them notice citing sec.55(c) of the transfer of property act and called upon them to execute the sale deed without any further delay to which they replied that the aforesaid formalities should be completed before the request for the sale deed would be entertained.As we were planning to drag them to the court we discovered that they have bifurcated the flat in 2 parts where they were selling the unfinished flat and acting as service provider for the finishing of the unfinished flat.They have even taken funds in the separate firm for the finishing charges and i have applied for the unfinished flat in the application form and there was also different agreement for the finishing work.While in their brochure they were showing the full finished flat and its specifications.But in the buyers agreement they have removed the finishing part.As we were planning to file case in consumer court for delay in possession,we discovered that they have been granted completion certificate for the unfinished flat in the period where they have promised possession and they have gone on leisurely while doing the finishing work of the flat.Dear Sir,should i file a case in consumer court for delay in possession when they have completion certificated granted to them in that period and what would be my prospects of winning this case.
MPK Mahendra Varma
31 July 2014 at 20:43
hi Experts im a law student one of my friend has been booked under sec 147,148,447 and 506(2) of IPC and 3 of Tnppdl for breaking 50 nos of hollow bricks and he was relised on conditional bail ( to sign in police station for 40 days) he have already signed in police station more than one week and the police station is very far from his home so how can he avoid signing? is here any way or can we apply for relaxation on bail conditions if so what is the procedure plz let me know? thank you all
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Suit for recovery of possession
dear members i require ur expert advice:
i wish to file a suit for recovery of possession of a property which was leased to a tenant on 18000/- per month by unregistered lease...but the market value of the suit property is 35 lacs so please guide me as to where should i file the suit as per pecuniary jurisdiction in district court or in high court ...
thanks.