Anonymous
25 March 2010 at 03:21
HI experts,
We have a small farm 4 acre of mango plantations in andrapradesh in my fathers name.
The same has been given to my cousin to look on yearly basis on payment of money. we bought the plantation in year 2002.
Now cousing is not ready to leave the plantation and is saying he wants to cultivate or buy at the basic cost of purchase. He had assisted ( not financially) in buying the farm as we live in the city.
We do not want to give the same, as it my father hard earned money. Now there is a dispute and not allowing any other tenant to cultivate the same.
Suppose he is of the intention that after 10 years of cultivation the farm becomes his. Is there any law of protection for landowners.
Please help, on how to proceed.
Regards
Sridar.
Anonymous
24 March 2010 at 23:28
24.3.10.
After cheques bounced, I had filled u/s 138. I also filled on 18.12.09. a money recovery suit for Rs 31 lakhs, along with application under ord.39 for an injunction to restraint the respondents from selling or alienating their property. respondents are a registered partnership firm registered under partnership act of 1932, along with the four partners constituting the firm. I am the creditor of that firm to whom the cheques were issued in discharge of liability to the firm. The property is in the name of the firm. I was granted the injunction order on 11.03.10. However the respondents in the mean while during pendency of the matter sold the property, on 15.02.10. to Mr. Hari.
a) The property is 3650 m2.
b) The whole property was mortgaged to a bank from march 2002. up to 15.02.10. This liability was discharged by the purchaser Mr. Hari out of the purchase amount, and it is so mentioned in the sale deed.
c) The partners on 15.02.10 sold all 3650 m2 to this Mr. Hari
d) Now it has come to light that the partners of the firm had in the month of May 2009 while under mortgage to the bank w/o disclosure, sold 500 m2 of the same property, to Mr. Subash, and another 500 m2 to Mr. Raj. i.e. total 1000 m2.
e) Mr. Subash and Mr. Raj are close family friends.
f) by private agreement Mr. Subash and Mr. Raj decide to start some business together. Where Mr. Raj has come to an understanding with Mr. Subash that he will offer his 500 m2 as his portion of seed capital.
g) The partners now i.e.15.11.09 receive notice from their banker to pay up or this property will be attached.
h) The partners approach Mr. Subash, to sell the remainder of the property.
i) Mr. Subash keeping in mind the business understanding with Mr. Raj decides to purchase the whole property, and signs on 08.12.09. a MOU with the partners before a notary, on Rs.20/- stamp paper, for purchasing the entire property i.e. 3650 m2. for Rs. 70 lakhs, intending to cancel the earlier deeds of 500 m2 each with himself and Mr. Raj. So that he has one deed for the whole of the property of 3650 m2. paying a token amount of Rs. 60000/- by cheque at the time of signing the MOU. The cheque is not encashed but valid on date and in the hands of the partners. This MOU also contains a clause that an amount of 45 lakhs will be paid to the bank from the purchase price to get out of the Mortgage.
j) I come across this MOU, so I file a money recovery suit with an application for injunction to restraint the partners from selling the firms property.
k) The partners realizing that Mr. Subash is less willing to go ahead with the sale unless I am made party to the MOU and consequently settled, The partners quietly, sell the property to Mr. Hari. For Rs. 55 lakhs. 45 to the bank and 10 to the partners.
l) Mr. Hari expeditiously goes and takes a loan of one crore, mortgaging this property.
Result:
1. Mr. Subash and Mr. Raj have a sale deeds for 500 m2 each on an unpartitoned property out of the whole 3650 m2. dated May 09.
2. Mr. Subash has a MOU, amounting to a contract for sale for the entire property of
3650 m2.
3. Mr. Hari has a sale deed for the entire 3650 m2, which contains the 1000 m2 earlier sold to Mr. Subash and Mr. Raj.
5. The bank has a mortgage on the property, the sale deed of this property is encumbered by earlier deeds of Mr. Subash and Mr. Raj
4. I have an anfractuous injunction and a money recovery suit for Rs. 31 lakhs, against the partners who are now disappeared with 10 lakhs.
What is the recourse available to me?
What is the legal position of the others, i.e. Subash, Raj, Hari, The Bank
Will appreciate your advise and comments
mahalingam
24 March 2010 at 23:04
sir
pls advise me, I have filed complaint against dealer and manufacturer of laptop and also against reliance co. for defect in the goods (data card)and deficiency in service.As per the judgement of our Honble SC JUDGEMENT by our Lordship justices A.K.Ganguly and Markandeya Katju according to the provision 7(b) of Telegraph Act consumer redressal fora has ousted jurisdiction as against telecommunication co. In my case I have filed case not only against reliance co. but also against manufacturer and dealer of laptop company.Weather my case is to be dismissed for want of jurisdiction as per S.C. judgement.
Soma
24 March 2010 at 22:56
I am a practising Advocate, Having my own letter head which I use to write legal notice etc. In my letter head my qualifications and the word 'Advocate' are mentioned followed by my name.
Now my query is that whether for my personal communication can I use my letter head? For example if I have to write a letter to a newspaper editor or a friend can I use my letter head?
Whether such an act will fall under advertisement?
Anonymous
24 March 2010 at 22:14
One of my client is going for conversion of partnership firm into a public company. The problem is the deed of partnership is not yet registered. pls give me the solution and also a checklist if any for the documents to be attached to Form 1A, form 1, form 18, form 32 and any other forms to be filed with ROC.....
Anonymous
24 March 2010 at 21:35
any expert,can u please give citations to amend the 125 cr.pc petition under order6 rule 17 of c.p.c. please.
rajvinder singh
24 March 2010 at 21:06
sir the suit was decreed by the lower court in 2000 in which i was oredred by the trail court to pay principle amount of rs 1,60,000 along with 6% interest from year 1995 to 2000 in this suit for recovery.
the opp. party went in appeal which modified the order of lower court and i was directed to pay the 3,55,000 after being calculated at rate of 24% interest from year 1995 to 2000 and further from year 2000 to 2009 the amonut to be calculated at rate of 24% per anum.
now i wana to prefer appeal to high court.i am under confusion on which amount i calculate the court fee to be affixed in high court whether it be 1,60,000 or 3,55,000 anlong with interest amount.
nishad
24 March 2010 at 20:37
Dear All,
Is registration mandatory for Leave and license agreement? what is the stamp duty to be paid for the same in Karnataka.The agreement is for a term of 3 years.
Thanks
chiranjib mukherjee
24 March 2010 at 20:33
Whether the cheque depositing for security will attract 138 N.I. ACT ? Please give me some rulings.
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Farm land being occupied by tenant
HI experts,
We have a small farm 4 acre of mango plantations in andrapradesh in my fathers name.
The same has been given to my cousin to look on yearly basis on payment of money. we bought the plantation in year 2002.
Now cousing is not ready to leave the plantation and is saying he wants to cultivate or buy at the basic cost of purchase. He had assisted ( not financially) in buying the farm as we live in the city.
We do not want to give the same, as it my father hard earned money. Now there is a dispute and not allowing any other tenant to cultivate the same.
Suppose he is of the intention that after 10 years of cultivation the farm becomes his. Is there any law of protection for landowners.
Please help, on how to proceed.
Regards
Sridar.