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amol   05 April 2019 at 10:26

Difference in consequential relief and permanent injunction

Dear Expert, I need your help.
Property is situated in Maharashtra Pune district region.
A and B two cousin acquired property jointly from both there self earnest money equally 20 years back.
A and B each has 1/2 share in the property. But 3/4th share of property is possessed by B and 1/4 share in property is possessed by A.
B is doing from last 8 days some changes in internal structure of 3/4th share possessed by him without A's consent. B also planning to give his some portion/part in 3/4th share property possessed by him on lease after the completion of structural changes.
B published an advertisement in the newspaper regarding the rented propery on lease.
A's a lawyer now suggested to file suit for requesting a permanant injunction with suit of partition and possession.
A will file Either suit for partition, possession and "consequential relief" of permanent injunction OR suit for partition, possession and permanent injunction.

Query is:
Q. What is the difference between consequential relief of permanent injunction and just only permanent injunction in partition suit?
Q. What is the meaning of consequential relief and is there any prime importance or mandatory to it include in partition suit?
Q. Is there more stamp duty need to pay for consequential relief of permanent injunction instead of just only word permanent injunction in partition suit?

Ambica   04 April 2019 at 21:04

Landlord removed electricity

I am from hyderabad. I am staying in appartment from 13years. Presently i am facing some financial crisis and not able to pay rent to landlord from 6months. Today my owner remove MCp from meter and disconnect electricity. Can u please guide me the way.

Suhas Shivalkar   04 April 2019 at 18:09

Framing of charges

Sir,
In a private criminal case, Trial Court's order of framing of charges is an interlocutory order or not?
The accused went to Dist Court challenging the order.
Thanks and Regards.

anjulee   04 April 2019 at 15:42

Notional tax

Please help me how can I use Notional Tax. I have used actual ITC but Notional ITC I carried forward by showing Notional ITC in the Return. Is there any time limit to use this Notional ITC. ETO has issued order after deducted Notional ITC by saying that it can not carry forward. Is it right ?

Trideep   04 April 2019 at 11:59

Cheating by builder

I have made an agreement with a builder in Guwahati, Assam to purchase a flat in the year 2011.But till date the falte is not delivered to us.We have made all the payments as per agreement.and he was supposed to deliver the flat within 24 months from the date of agreement.But till now only 60% work is completed.During this tenure we have served him many legal notices to which he have replied, but failed to comply with delivery date every-time.
What is the way out for us now??

Anonymous   04 April 2019 at 11:47

Rental deed - tenant promised will vacate shop

Dear Sir / Madam

I asked my tenant to vacate my shop, refused and said rudely need time of two years from April 2019.

Would it be possible to share a strong rental agreement for 11 months from 1 april 2019 to Feb 2019.

saiprasad783@gmail.com

I wish to issue a new rental agreement what would be be steps to be taken so that he said will vacate after two years i.e., feb 2020 Kindly advice how to processed with strong legal points for rental agreement (commercial shop)

Example :
Rental Agreement should i notarize or register to keep strong so that he should vacate after two years Feb 2020.

Kind regards

K S P Rao


yogapaartiban   04 April 2019 at 11:08

Re-Enrollment experience and judiciary

Hi, my query is suppose if a person after practising as an advocate for 8 years, resigns and join a government sector unrelated to law. After few years resigns from the post, re-enroll as an advocate and appears for legal exams like judiciary. Is the past 8 years of practice by his first enrollment taken into account? Please advise.

rathod murtza   04 April 2019 at 10:16

Fraud documents produced

My civil appeal is pending before appellate court. Now I want to produce fraud and his documents before the court. Can I directly produce it before court by application. As per law fraud can be given at any time any stage. Sir what is procedure to file fraud before court?

Balaji Bakthavathsal   04 April 2019 at 10:11

Registration charges to register a court judgment / decree

A fraudulent person filed a civil suit seeking partition on a property excluding the genuine legal heirs of the property who are in possession and occupation of the property. The genuine legal heirs when they came to know about the suit, impleaded themselves in the suit and in the end the suit got dismissed, favouring the impleaded respondents. i.e. genuine legal heirs. Nw, when the legal heirs took the judgment and decree with the Registration department for registering the same, the registration official demands Registration charges on the cost of the suit property as mentioned in the decree.
In my opinion, the charges demanded by the Registration officials for registering the judgment/decree not correct for the following reasons that the document that is getting registered is a court judgment/decree which simply rejects the plaintiff’s request seeking partition and there is no question of transfer of property or declaration of title.
I humbly request the learned lawyers to offer their valuable advice/suggestion and quote the citation if there is any in this regard.
Thanks & Regards
Balaji

Anonymous   03 April 2019 at 21:09

Rectficatn deed pending for want of legal heir living in usa

Dear Experts and Lawyer Gentlemen,
I am Purnaiah, Chartered Accountant from Hyderabad request your expert advice on the following issue:
One of my uncle along with three of his friends purchased some agricultural land in one of the prominent area in Hyderabad in Apr 1988. At that point in time, since official survey and demarcation of the said land could not be completed the vendor showed all Five Sy Nos. 11, 12,13,14 & 15 as pertaining to the said land in the schedule of the property referred in the sale deed.
Subsequently, post completion of the official survey; demarcation and fixation of boundaries duly separating the land sold to us from other part of the vendor’s land, it was identified and confirmed that the entire land sold to us was situated in Sy No. 11 only but not in other Sy Nos. as noted in the above principal sale deed executed in Apr 1988. To rectify this, in February 1989, they have mutually executed a rectification deed by removing the redundant Sy Numbers mentioned in the principal sale deed.
In the due course, partners took several years to develop the land and convert it in to residential plots under HUDA norms. Meanwhile, when the development was in progress one of the partner has expired leaving Four (4) of his dependents (Wife, Son & Two daughters) as his legal heirs. One of his legal heirs (deceased partner’s elder daughter) was living in USA along with her husband.
Later, in June 2014 all the Partners (including Four legal heirs of the deceased partner including his elder daughter who was in India at that time) have mutually executed a partition deed and shared the plots among them.
Issue: Here the real problem cropped up, to our surprise we found that the details of the subsequent rectification deed (of Feb 1989) were not captured in the recent Partition Deed executed in June 2014. Now, being a legal heir and a party to the Partition deed, deceased Partner’s elder daughter held up in USA and she is not turning up to India for executing a rectification deed to this effect. Her other three family members who are in Hyderabad also neither supporting us in this regard nor trying to get her to Hyderabad for executing the rectification deed. Because of one legal heir of the deceased partner (who is in USA), the entire process is held up and other partners are completely tied up. They are not in a position to enjoy their share of property as they can’t get any bank loans for further development nor in a position to register the plots in the name of their kin and kith. Due to this pending rectification, other partners are completely refrained from doing further activities in the property.
Request: Please help us with suitable remedies to overcome this peculiar problem.
Warm Regards,
CA Purnaiah