Ajay Itakikar
13 January 2010 at 20:59
I have an ancestral property of agricultural land. But it is occupied already by tenant (now his legal heirs). My name is in the column of 7 and tenant names are in column 12 in the 7/12 extract. I want to evict them but they are declared to be "Protected Tenants" according to Bombay Agricultural Land Tenancy Act,1958. Any one from tenants never paid me any charges of rents (lagaan, lagwan). Is this a sufficient ground to ask for eviction?
Anonymous
13 January 2010 at 20:18
Dear Experts,
Is it possible to reduce minimum period of 6 months of mutual consent divorce?
If yes then HOW?
and what is the probability of this reduction.
as I have to go abroad 3-4 months after now.
Is it good for me(BRIDEGROOM) to make file divorce petition U/s 13(1)(ib) from the side of bride.So that it can tackle in 2-3 months.
Is there any bad thing in it for me?
and afterwards we will write all the conditions in W.S.A.
AS I m giving Lumpsum alumini to her.
Thanx
girishankar
13 January 2010 at 20:04
Dear Sirs,
My father died on Jan 1996 . My mother died on 1992. I my father ,my wife,and my childrens were living in our house which one is self earned of my father. I got 2 elder sister and two younger sister who are well settled. They all got married before 1986. my father suddenly fell sick and got admitted in a Hospital .So I asked them to stay with me for a help till my father gets fine. My father wanted to write will with the help of our family friends which was well known to all my sisters . So He wrote in the hospital a Will stating that the Money deposited in various banks and deposits will go to mysisters and the only Dwelling House we were living in favour of the only son thats me. My stated that he had illegal affair with a lady when mother was there and taht lady passed awy before my mother. she had three Childrens and for them also my father did all sorts of needfull.The will was unregisttered one.
Before I finish my fathers last rigths Suddenly my sisters and there Husbands started blackmailing me and sent a lawyer Notice stating that I hav deprieved them by fabricating a forged will and went for a partition Suit .
I consulted my lawyer and filed the will for Probate and it was Converted into TOS.
From side my fathers frnd and others including me deposed in court that the will was written by father .
Sudenly the y brougth a petition that my fathers concubine son was also is need of a Partition who never appeared in Court. and it was also noted by counsel in court records.
The Trial was wantedly draged by them up to 2001.
The Single Judge one fine day he resrved the Judgement with out mentioning the date. After a year When Honarable Judge one week before his retierment Prnounced Judgement. Stating that The will has minor discrepcencies so I am allowing the partion of 1/8th shares. I went for a Apeal for the bench.
In the Bench the Trail started and it Prolonged up to 2006.
The honarable bench Judge reserved the Judgement ,After 8months one month before his retirement he pronounced the judgement stating that the Single Judge mistakenly taken that the Concubine son was a secon wife of my father there could not be given any share. He didnt consider the Will or the Deposition given by the witness and even Sec 23 of Hindu Succession Act{special provision for a Dwelling House} came in to force on 2004 Amendment that is Ommision of sec 23 is applicable even for pending Cases so there is 1/5 of Partion is applicable.by 2007
Again I went for SLP in Supreme Court on 2007. After two years i:e on 2009 before the retierment of the Judge the same Judgement given by lower Court was repeated with out going thru my Pleadings.Stating that they got equal rights 1/5 share as per 2005 law even though the Suit was filed on 1996 Pending case is also applicable and they can go for new partion Suit. Totally they did not go whts there in the will.
Mean time Now my sisters Approched the HC and Order on previous case which was filed on 2007 to appoint a Advocate commisioner to part the House in metes and Bounds.
Please any one guide me wht further Step to be taken by me to Prove the will and safe gaurd my only House.
Whts Retrospective act pl explain me If U ppl can.
If ther is any Judgements or law related to my matter pl send the same ASAP.
The will was Prepared by our fmly friend one Advocate Notary Public
and she was also been examined.
Please Save me and my family
Subrata Banerjee
13 January 2010 at 19:51
A tenancy of 37 years were taken back temporarily for demolition and construction of a new multistoried building by an agreement with the erstwhile landlord in conjunction with a developer.Later the agreement was not honoured and it is found that the Landlord has gifted away the property to his blood relatives two years prior to signing the agreement thereby taking the tenancy by fraud with perticipation by developer.An appeal was preferred on a order by the Ld.Civil Judge(Sr.Div) after a late discovrey of fraud from public documents U/o 39R 1 and 2 with section 151 CPC invited showcause within 15 days without the grant of injunction sought produced an injunction by the Ld.District Judge with issuance of notice and response sought within 10 days from the date of receipt.Served.Not claimed by all 32 respondents except three of the respndents none of which are principal parties.What should be the next course of action?Because the respondents are rich,powerful and resourceful they are trying to avoid /delay the action at the legal forum.Further even aftre the lapse of the agreement period 3 years has passed.The erstwhile tenant is going on paying rent at exorbitnat rate none of which has been reimbursed by the parties concerned in spite of express mention in the agreement.What should be done for early restoration of tenency pending disposal of the suit.Is there a scope for any interim order? Crimnal complaint is also filed and suitable directive on police from High Court is contemplated.The Jurisdiction is that of Calcutta High Court.Please advise effective and quick relief.
Anonymous
13 January 2010 at 19:39
Is there any provision of compulsory lock in shares acquired under open offer- take over code?
VIKRAM BALU
13 January 2010 at 19:39
Sirs,
a property was purchased in the name of 5 family members by registered sale deed. They constituted a partership by will by an unregistered partnership deed to manage the property. The property was not brought in as capital or asset of the partnership. after 2 years, they executed another unregisterd partnership deed and brought the immovable property as capital of the partnership. 1 year later they executed another unregistered partnership retirement deed whereby 3 partners retired mentioning that did not want the property and 2 alone were partners in the partnership. later 1 of them died and the last one transferred the revenue records to his name. How is this possible?, the only encumbrance in the registrar office is the initial sale deed. There is no release deed registered by any of the co-owners. Who holds the title to the property? whether the last person has a valid title?
Anonymous
13 January 2010 at 19:34
Is it worthwhile to file INFORMATRIC PETITION U/s 39 in District court to safeguard against 498A.
Although negotiations are going on towards Divorce by mutual consent.
(Hindu+Groom)
Thanx
vijeta
13 January 2010 at 17:22
difference between pre cognisance stage and post cognisance stage
Anonymous
13 January 2010 at 16:43
I persue two notices of five cheques.
I file one compliant of this two notices.
but court is asking this is not maintable and find any citation of this problem.any ciatation is available.
S Shah
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Property_iirigated land
Dear Sir/Madam,
I have purchased an ancestral irrigated land (approx 5 acres )from a person of my own village(UP),since he resides in Gujrat & been 65 years old he sold off his property to me & i have made full cheque payment to him, since he with his entire family is settled in Gujrat , he sold the property to me with his consent to me.
One of the reason of selling his land to me is the seller has family dispute with his two sons, both the sons have not taken care of his father after death of mother.
he had sold the land to me in his proper health & with free will.
Now both the sons(age is 40 & 35) have filed a case against me that the registry which i have done should be cancelled.
Please advice on what grounds should i work againt the cased filed against me, I have paid all my money to him.
Rgds,
Pramod Kumar Dubey