Debashis Mandal
23 April 2010 at 13:09
Respected Experts
If all documents & required Papers r properly given then scarching of a property will take how long time ?
Thanks
Debashis
amol
23 April 2010 at 12:40
Is there any requirement in the Company law or else where that for conversion of partnership firm into a company, the firm should be six months old and it should have a minimum no. of 7 partners. If yes, where it is?
Anonymous
23 April 2010 at 12:28
IS IT POSSIBLE TO GIVE GPA TO MORE THEN ONE PEOPLE OR GIVEING GPA TO ONE PERSON AND OTHER POA ( SPECIFIC POWER OF ATTORNEY) TO ANOTHER , KINDLY CALARIFY!
Anonymous
23 April 2010 at 12:24
In civil court is it admissable by court if any statement is given to court through ,presenting affidavits through lawyers ,or is it compulsary to present before court, personally,in a family partition related matter.do, both the ways have equal weightage or not?
Anonymous
23 April 2010 at 11:43
I purchased 9.8 Cents of land in Athimarapatti Panchayat in Thoothukudi District, Tamilnadu in the year 1989 and constructed a house in 1989-90 at the eastern end of the plot with Government loan and with Plan and Plot approval from Town Panchayat. There was an open space of about 4.5 Cents left vacant between my house and a neighbour on the western side of my land.
I started construction of building from 22.08.2008 connecting the old building after due plan approval on 17.7.2008 from Athimarapatti Panchayat. My neighbour out of jealous and hatred sent a Lawyer Notice which was received by me on 27.12.2008, objecting my construction. The suit was filed against me (1), Athimarapatti Panchayat (2) and Member Secretary, Thoothukudi Local Planning Authority.(3) as Defendants. With the following points:
1. My construction stops air and light to his house.
2. The construction is dangerous for his family due to possible fall of construction materials into his plot.
3. Only 2’3” space is left vacant on western side of the new construction.
His prayers are:
“ i. To pass an order of mandatory injunction directing Panchayat and LPA authorities to remove construction.
ii. To pass a permanent injunction restraining from putting up any construction on the property in such a manner that it causes nuisance to the plaintiff by falling of cement, plaster, bricks and sand in the plaintiff’s property. “
My lawyer sent a reply stating that
a. The construction is done within defendant’s own premises and there is no encroachment.
b. There is no nuisance to the plaintiff.
c. Construction is done after the approval from Panchayat
d. The case is raised by the plaintiff due to jealousy and hatred.
e. The construction was started well before the date specified by the plaintiff.
f. The plaintiff has not got approval for his additions from Local Planning Authority
g. The plaintiff has constructed and raised the common wall in between them without defendant’s agreement illegally.
h. The defendant has completed the construction without causing any nuisance to his neighbour. Whereas the plaintiff caused a lot of troubles during the construction and the defendant had completed the house bearing all the troubles and disturbances from the plaintiff.
i. The intention of the plaintiff is to stop the construction at any cost.
Court has not issued any injunction as the building is within the owner’s premises.
One inspector from Local Planning Authority inspected the site on 9.1.2009 and found the construction was almost complete and hence they would issue formal notice to stop the work and to produce approved drawing to their office, He also observed that the neighbour had constructed additional height on the common wall for his car shed, that is the construction is without any gap on his side for almost half of the length of the common wall to a height of about 12 feet He also opined that I should have filed a suit on the neighbour. The inspector also stated orally that the intention of the rules are that one has to leave space around his house for ventilation and light for himself, One cannot expect that the next plot owner would leave space for his house ventilation and light.
From LPA I received a notice on 2.2.2009 to submit the approved drawing and to stop the construction. I appeared before LPA submitted a copy of the Panchayat approved drawing and confirmed in writing that the construction was complete.
Subsequently construction completion was conveyed to the Panchayat Office. They assessed for tax and the tax and development fees were paid to the Panchayat and they had issued Property Tax Receipts. With the receipts I applied for electrical connection and got.
Now the lawyer I have engaged is not experienced in building construction related disputes. But he is sincere and straight forward. I want to get the experts opinion on this case on the following issues:
1. Whether my new construction is illegal?
2. Is it correct on the part of my neighbour to say that my construction stopped light and air to his house when he himself had left no space and constructed to half the length of the common wall without my agreement.? (Unfortunately no agreement deed was made on common wall built earlier)
We both (Plaintiff and defendant) served in the same Central Govt, Department. (I was a Senior Scientific Officer and the neighbour was a Scientific Assistant) and retired. It was clear that he had filed the suit out of jealousy and hatred only. He had told his close friend that he would go unto Supreme Court and is ready to spend any amount. He uses all the abusive words when seen face to face. These things upset me and I lost peace of mind and got sick. During construction period he created more troubles which delayed the work and increased the cost of construction. And under such circumstances:
3. What is your advice to me to follow?
4. Since I have never faced this kind of humiliation is it possible to file a Defamation Suit against my neighbour?
Kindly advice.
Anonymous
23 April 2010 at 11:41
Ld. experts,
complete process/steps for registration as NGO for working upliftment of common rural people in Vidarbha & MP with estimated expenditure may kindly be highlighted.
Praveen Kumar
23 April 2010 at 11:21
I have been advised in these columns to plead before the consumer court to pass an order of 'No Say' on the opposite parties as they have not even been coming to the court inspite of 5 adjournments and that too for filing just the version. Can you please tell me under what section the Memo has to be filed (section of CPC or Consumer Act or similar) along with relevant content?
Thanks in advance
s.v.goplani
23 April 2010 at 11:13
Sir, Whether good will of firm (having 4 partners) is capital receipt in hands of individual partner ? Under what Section? please provide any case law or reference. Thanks.
Anonymous
23 April 2010 at 10:09
My father have purchased a property in 1969 and 1974 on my mother's name. He was doing job at Zilla Parishad,Bharat Forge and then grocery business. My mother sold to my younger brother & his wife in 2008 @ Rs.16 Lakhs. There was no transfer of the consideration and this matter was hidden from myself and my sister for 1 year. In 2009, we understood this from other sources.
My father expired in July, 1998.
The sale agreement was supported with documents which were 12 to 29 years old.
Original purchase deed, 7/12 abstract, IT clearance,are not attached.Property identification is incomplete and vague.
My sister have sued them all asking her share but mother, brother and his wife are avoiding to accept the summons since last 6 months.
Now brother is threatening my sister and her husband but no solid proof with us.
My mother has filed a false complaint against me with the police but I had replied with the facts which state that complaint is false but now the police are not acting against the complainant.I had given reminders, asked information under RTI, but in vain.
My sister does not have proofs of our father doing any job. Mother claims that the entire property was earned by her. She says that she was doing various business before and after marriage, she received money from her father etc but there is not a single paper evidence. She also claims that my father was alcoholic before getting married till his death. There is no medical history, no police cases, absolutely nothing to proove this.
Looking at the incomplete and old documents attached to the sale deed,how shall I ask for cancellation of this sale deed of March, 2008
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Marriage
i am sangeeta.I am a hindu girl and want to marry with a Chirstian boy Emmanueil.Our parents are not allow us to marry with each other.his DOB is 9-nov-1983 and my is 30-aug-1985.we want to get marry with each other but we have the time only when we are on job time not more than and we never want to tell about aour marriag to our parents for 2 to 3 months.we want it secret for 2 to 3 months.what to do now.if we discuss it with our parents then they will forcly marry me with other boy but not with him.so we want to make secret this marriage for few time period so that our parents does not make any harm to us.Sorry my english is not so good so please understand what i want to say and what solution i need.