ali
26 November 2017 at 01:30
I vacated my tenant by eviction order through court belief n police protection in 2008 but that portion was not demolished after few years they again force fully entered in the House n leaving there I tried to explain them that u lost the case n got vacated thru court n even make a police complained but police is not taking any action to vacate her nor making a FIR as they say this is civil matter so please approach court, I consulted some lawyers n every one have different openion
One lawyer said we will file a suit for contempt of court the other lawyer say nonit is not maintainable due to time bar second lawyer say we will file a Tresspass suit third lawyer says both suits will not be maintainable so we will file in the name of a dummy tenant n obtain the eviction order n vacate the premises n then we can let out to others or demolish that portion to make new building
So I don�t know which type of suit we have to file ? Can anyone give some correct advise how to vacate this tenant ??
Deepak
26 November 2017 at 01:22
I had purchased a Land in the year 2011 from a person (say Mr. Sarkar) in Rajarhat area,Kolkata. I got the property registered into my name and also did Municipality mutation in the year 2013. Now when I applied for the BLRO mutation of the aforesaid property, I came to know that the previous owner i.e. Mr Sarkar did not get his name mutated in the BLRO records before selling the Land to me.My lawyer ignored this fact and did not inform me the same. It appears that Mr. Sarkar purchased the property from another person (Say Mr Sen) but the Land was in the name of Mr Sen's wife who had expired before the sale transaction.So Mr. Sen probably sold the property to Mr. Sarkar representing as Mrs Sen's legal heir. As per BLRO records, the property is still mutated in the name of Mrs Sen who is no longer alive. Now when I am trying to do the mutation of the property in my name, the BLRO office says that they need the Death Certificate/Legal heir certificate of Mrs. Sen in order to do the mutation in my name as the property was sold to Mr. Sarkar by Mr Sen and not by Mrs. Sen herself. Mr Sarkar did not provide me with any death certificate or Legal heir certificate of Mrs Sen, hence I cannot produce the same in BLRO. Kindly help if the BLRO is right in asking for this document, If not what is the actual process of getting this mutation done. Please suggest any alternate process of getting the mutation done without the Deat/Legal heir certificate.
Thanks Deepak
Read more at: http://www.lawyersclubindia.com/forum/Mutation-of-Property-Rajarhat-BLRO-Kolkata--156548.asp
Ashish
26 November 2017 at 00:49
My father was the sole owner of the house recently had died &in my family me and my mother are only two person left.now my mother wants to transfer this house in my name how should we proceed further.
R KALIMUTHU
25 November 2017 at 22:49
Sir, Husband made a settlement of property to wife in 2012. He cancelled the settlement in 2014 due to misunderstanding with wife. But wife made a settlement of the land to her daughter in 2014 stating that both mother and daughter can use the property together and after my death only the property will be full right to daughter. Meanwhile Husband and wife applied for a divorce and got separated Sep 2015 with a judgment stating that husband understand that property has been given to daughter. Husband agreed. Judgment first statement is mother has no right to ask for the property and also husband . But final sentence says that this property was given to Daughter and wife based on children good will purpose only. Judgment itself some contradiction is there.
My lawer says, settlement means there should not be a will. So this property can not be sale until mother death. Only After death of mother/wife, the property belongs to daughter.
My question is, shall I buy this property.? Will there be any encumbrance after some years by the above people i.e. mother or daughter.?
I am expecting answers please.
Regarding
r.kalimuthu
Anonymous
25 November 2017 at 22:36
Hello sir, myself Manju from Punjab. we have a joint property despute.we filed a suit of possession.we win that against my grandmother and uncle.my father expired in 1999.and brother is paralysed.we also filed a suit for construction of house as its 40 years old need repair.that case is on order stage.my uncle filed apeal, one more case regarding will which is forged. Now he filed another suit for damages against my mother.who is a widow deceased lady with no income the only son is paralysed.So I wanted to ask what are the probabilities of this case.. what should we do now??
Anonymous
25 November 2017 at 19:55
Dear Members,
My Brother took a business loan from one of the government bank, in his partnership firm I am not a partner in his firm I have my own proprietorship firm myself and my family members stood as a personal guarantor & collateral security to his firm for business loan against security of Mortgage of house and personal guarantee.
We give personal guarantor & collateral security to his partnership firm but now he changes his firm from partnership to pvt ltd company. he as well as bank did not inform us and not even take sign for pvt ltd company.
Wanted to know following things in this regard,
1. Can we withdraw our personal guarantee for Bank.
2. If Yes, what is a procedure to withdraw our guarantee and is there any liability remains post withdrawal of guarantee.
3. Please give me Judgments on this regards.
Thank you
Madhukeshwar
25 November 2017 at 19:45
My father made a Registered gift deed of a property on my name which was mortgage in chit fund in 2015. Now in 2017 he cleared his loan and made loan release deed. Is the old gift deed is valid? If not should I re-register the the gift deed. Pls advice
It's my father's self earned property
4WhatIsRight
25 November 2017 at 17:48
My 20 days old tenant connected his waste disposal line to common sewerage which is connected to common effluent treatment plant, without informing any authority like pollution control board or cetp authority.
I have permission only to connect sanitation line.
My tenant has allegedly disposed some acidic material in the sewerage line.
Pollution control board visited the premises.
I gave them all details about tenant available with me including his address and mobile number.
Other tenants have also submitted before all authorities including pollution control board, cetp and police that the particular space is in possession of that tenant, who has gone underground.
I also informed local p.s. who diarized entire information.
Tenant has been absconding since then and authority are asking me to produce the tenant before them, instead of asking police to do the same.
I have no idea as to what exactly is my responsibility in such situation and what do I need to do to safeguard myself.
Whom do I need to approach CETP or PCB or police or file any application with any court.
m.kameswaran
25 November 2017 at 17:20
case u/s 138 NIA was filed after 6months it was dismissed for default.in JM court. now can it be recalled or restored or set aside by JM with section .
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Breach of trust
We four open a pvt limited company n I was the managing director n other one more also first director n balance two where executive directors each has to put up a capital of 1.5CR in the company account and I was the only signing authority for operating bank account I initiated by transferring 80lakh from my personal account to company account and as such I have to travel overseas from time to time I kept a few signed cheques with the other director, until I return he withdraw all 80lakh by cash cheques leaving only minimum balance of 10K, on my return I ask for the bank details for all withdrawal he just saying I will prepare n give all details of expenses incurred in my absence but two years passed neither he give any account nor any official documents of company like pan card certificate of incorporation tax registration etc etc
Later on two directors resigned by saying they could not arrange their share money
Now how to sue them in obtaining my money and other company original documents ??
Your earliest advise will be appreciated