I need a clarification.
When a partition suit is referred to Lok Adalat and when an award is passed specifying shares of all parties to the suit, whether such award is treated as final decree or partition deed? Whether such awards need registration? Please enlighten me the procedure.
My question is with regards to jurisdiction of civil courts with respect to a private property.
If any wakf institute alleges that a specific property is a wakf property and tries to encroach upon based on oral gift,( interestingly the wakf is not listed in the wakf properties )and the property is in possession and enjoyment of third parties by way of partition decree. In the above context should I approach wakf tribunal for permanent injunction or for declaration of title?
Cant i file a suit in a civil court for permanent injunction. Is Sec 85 of Wakf Act absolute, Sec 5,6,7 clearly suggests only listed wakf properties should be dealt with tribunal?
Please suggest me the approach and clarify and suggest proposition of law. Greatly appreciate any help.
I have a typical problem. There is a muslim property X which was mortgaged in the bank, The loan was sanctioned to A who is son and B is the father who is the owner of the property and he stood as gurantee for the loan. In due couse B died.
Due to non payment the loan acoount has become Non-Performing Account. Bank has served physical possession notice to the borrowers A and legal heirs of B. (B expired leaving behing 5 daughters and 4 sons and a widow).
Up on the request of A, who is elder brother and all the family memeber of B Myself and my business partner purchased a part of the property X to discharge the debt, we both are hindus. and similarly all the heirs executed a sale deed except two daughters.
Now a suit is instituted against us by two daughters first for partition and filed petition for repurchase under the doctrine of Premption which is said to be a customary law in islam. but we are not governed by the Muslim personal law as we are hindus.
Let me know your thoughts on this case and it will be great if any of you can post some citations against the claim of preamptor.