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Anonymous   29 May 2010 at 17:29

Order 1 Rule 10 CPC

In a dispute before Registrar of Cooperative societies, a member files dispute before Registrar. At this stage, another member files an Interlocutory application under/Order 1 Rule 10 CPC seeking court to join him as one among plaintiffs . Whether it is maintainable? As per my knowledge a third party can implead himself one among defendants but not as plaintiffs. He is at liberty to file separate dispute. Can any one through light on this matter? Pl suggest some citations?

Anonymous   29 May 2010 at 16:39

stop payment of cheque

I issued a cheque as a advance for rent for month of june2010 on 26/5/10 dated 28/5/2010.on realizing that land lord was not good i stopped the payment of cheque on 26/5/2010.no written agreement was done.landlord was informed same day and asked not to present the check.HE HAS PRESENTED IT AND AS PER MY INSTRUCTIONS PAYMENT HAS BEEN STOPPED.CAN I BE SUED FOR THE SAME

mohan kumar   29 May 2010 at 16:27

Buying a property when partition suit is pending.

Dear Experts,

I am planning to buy a plot in south bangalore, the status of the property as follows,

total extent is 3acers and 29 gunta, which is a inam land belongs to late nanjama and late bassappa, of the it the said land is transfered to chandrappa, who is a grand son of late nanjama and late bassappa. the chandrappa has 2 sons and 1 daughter,however he has not executed the partition deed insted he sold to a builder in 1992, and the builder has formed 73 site in 1992 and sold it to diffrent buyer, but there is no aproval form any authority, the said sites were falling undre village panchyat and now under bbmp, havind vp katha form no.12 and paid upto date tax.

Now the issue is the sons and daughter of chandrappa have filed a suit for partition against chandrappa and also making the builder as a partyin nalamangala rural court, the suit is pending now.

The plot which iam buying is sold to dassappa.

In this context, the sons and daughers of chandrappa are ready to sign the sale deed for a certain amount. my qustions are.

1)Can i buy a property when the suit is pending? and what happens when we buy when suit is pending.

2)Can i make the existing owner and the legal hires of chandrappa as a party and buy the property.

3)is it ok if all legal hires are willing to sign the sale deed.

4) any alternate solution if any.

Its my sincer request to all experts pls advice in this matter, and guide.

Anonymous   29 May 2010 at 16:15

buy a resale flat

Sir,i have somequerries regarding buying a flat in navi mumbai, sir, i went through broker to see a flat, and i told him that i will pay full cash as i am going to sell my property in other state, so he showed a resale flat, and next day i paid him 25k as token and again he asked me to pay some token to the owner i paid him 1lac to owner and 25k for the transfer of society charges i paid him. that also and 5k i paid to the lawer to check the docs of the property, my house at other state was suppose to be sold early but still it is not sold and i told my problem to the broker and in the middle of this i came to know that the house which i want to buy is under loan so the broker told me later i;.e after paying the l.25lac through the broker to the owner, but some how the broker arranged to get the loan clear on that house and kept the docs ready. as my house is not under sale still i dont know what to do the broker is given time as there is no agreement between the owner and me but i am worried if i could not sell my house i cant buy flat here so in that case do i lose my money which i gave for the broker i.e 1.25 to the owner and 25 for the society transfer totally 1.5lac

Madansingh Shekhaawat   29 May 2010 at 15:47

ancestral property

History;

1) We four brothers and two happily married (for 20-25 years) sisters are left behind after our parent’s demise. We have our ancestral/father’s property in thane.
2) We also have two tenants in our property since last 25-30 years.
3) On property card only four brother’s names are mentioned since it was prepared.
4) Our younger brother passed away last year leaving his wife and one daughter behind. After our brother’s demise without consulting with us his wife got remarried with 53 year old boy recently. Nobody from our family member was present for her ceremony.
5) Our property is mutually divided in equal four parts and each brother is enjoying his share till date.
6) Our sister in law never stayed at her husband’s own house; she forced her husband to give that premise on leave and license basis and used to stay at her own parents house with her husband.

Questions;

Does our deceased brother’s wife has any legal rights share and expressed her concern in our property share?

Do our sisters have any legal rights to interfere in our property dealings and expressed their concern in our property share?





akash   29 May 2010 at 15:43

gifts

dear sir,
my mother wants to gift me money worth Rs 1 lac i cash and my sister wants to gift Rs 50000 in cash. please advice what is the procedure of receiving gift. whether any registration is required or simply a decleration and acceptation of gift on Stamp paper of Rs 10/- will do.
what could be the tax liabilty on the same.
please advice.

Anonymous   29 May 2010 at 15:32

Income source of spouse

Ld counsels,

If it is claimed by one of the spouse in a litigation before family court that around 25 lakhs has been spent on marriage expenses. Can the other spouse dispute it and submit an Interim Applicaiton to get the details of sources of income and bank statements to substantiate that the expenses are false.

Will the court accept the application and direct the spouse to disclose the sources of income.

Pls clarify. Thanks.

vinod bansal   29 May 2010 at 15:31

MACT case

R/Experts
I am Respondent in a claim petition us 163 A MV Act,This is a death case and deceased was pillion rider of the motorcycle involved in this accident,this was a hit n run case but due to unknown offending vehicle,petitioners filed claim against the insurer and regd owner.I was/am regd owner of the motor cycle in question on which deceased was travelling as pillion rider at the time of accident.Now i am facing the claim case,problem is this the motorcycle in question stood in my name in Registring authority as regd owner but other facts are that,this motor cycle was sold out by me prior to this accident to a person namely vijay and all transfer documents were signed by both parties and were submitted to registration authority,even NOC was issued in the name of subsequent owner i.e. Vijay,but except issuance of NOC no further process was done by the subsequent owner to register the m/cycle in his name,thats why m/cycle is still registered in my name, petitioner has not impleaded the said Vijay as respondent in his petition,now i am in apprehension that being regd owner in Registration authority ,tribunal can hold me liable for compensation,case is at the stage of RW,s and i have proved issuance of NOC in favour of subsequent owner i.e. Vijay by deposing record clerk of RA in court,can i filed a application for impleaded the subsequent owner Vijay as necessary party,but i have to do now,kindky suggest. Thanks

SSK   29 May 2010 at 15:26

Ancestral Property

Hello to all;

There is a case of joint family where the elder son (along with his wife and 1 yr old daughter) is staying with his parents in their ancestral property (dadaji's self made property) and working wid parents in a business but gt’g a salary of Rs.20 k /m not a share of business,,,he has doubts that any day his parents can ask him to leave or kick them out from the house n business,,,

As per Law this boy has got right in his dadaji’s property (even if here is no will) but he’s sure that he will not get share from it as it has been told earlier by his father,,, but till the time he is quite what he can do so tat he cud gt his share how cud he protect himself or wat steps can he take bfr gtg into any trouble,,,

--Parents are having 2 sons elder is married and younger in pune working and earning Rs. 50k /m n unmarried

--'Will' has been made by dadaji he doesn’t know

--Dadiji is still alive- can she give share to dis boy (Elder Grand son)

--This boy is a patient of Depression

Kindly advice….
Thanx 

Anonymous   29 May 2010 at 15:20

p.g. progrrames

As I'LL B COMPLETING MY B.A.LL.B HONS IN JUNE 10 SO WANT TO KNOW THAT WHAT WOULD B BEST FOR ME AFTER DIS ? B'COZ IAM CONFUSED BETWEEN L.L.M IN CORPORATE LAW OR M.S.W IN LABOUR WELFARE OR B.J.C OR 6 MONTH SPECIALIZATION IN CYBER LAW OR I SHOULD APPLY FOR AJOB AS FRESHER?