Member (Account Deleted)
29 June 2017 at 23:08
My family and me have been staying in a flat for above 15 years. My father could not register the flat due to *stay* brought in that area. After the *stay* passed we tried to register but the builder always avoided it after that we were facing some serious financial issues so we could not register the flat.
The builder sold the flat to some other party. The other party, least concerned about everything, did not even care to enquire if anyone stays in the flat or how big or small the flat is purchased the flat. The builder also got the flat registered on the other party's name.
To solve this issue we spoke to the builder, the builder replied that he was sorry for all this and he would himself come and cancel the other partys registration and would re register the flat in the our name. The fraud builder fled away making promises. The other party trespassed our house with 15 people who were strangers. I cried for help but the trespassers closed all the doors and windows. They hit my father and threw the furniture outside the house. I filed an FIR against the other party and the trespassers. We also filed a case in the Civil court against the other party. We have a purchase agreement, possession certificate, bills bearing our name since 2000. The only problem is that we did not register the flat.
What are the chances that we can win the case?
Is there any law which states that the flat belongs to the one who has been staying in the property for years?
Can the police interfere in property matter even when A civil proceeding is going on against the other party and the disputed flat? Is it legal?
Is it legal that the other party can get all the bills of the property ( maintenance, gas, electricity) renamed in his own name even if there is a civil proceeding going on against him and the disputed flat?
Can the society issue share certificate to a person if there is a civil proceeding going on against the person asking for a share certificate and the disputed flat?
What are the chances to win the case?
Ritesh Rathod
29 June 2017 at 22:08
Dear sir, I am residing at ahmedabad gujarat in co operative housing society. From where i come to know what is my rights and liabilities towards the society. Because when i complain a committee member of my society they did misbehave. Plz suggest sir
VIKAS
29 June 2017 at 19:17
If my father makes a registered will in front of SDM along with witness. Can my sister's husband challenge the registered will in the court,if yes what chances of wining the case by him.
Second question : If my sister's husband got the original will (not registered in the court yet),which is in my favour, can he do any kind of changes/fraud in the same. If he got original one, what action I can take against him.
Pls.advise asap in details.
Anonymous
29 June 2017 at 18:10
Hi All,
i have filed a cheque bounce in the month of feb-2016 and i have been cross examined by accused side lawyer for couple of times and the honourable judge was taken the statement (I also explained i will provide Form 16 if required), so after 17months accused opened the 420 case against me and now my lawyer was asking me to take Anticipatory bail which would cost me 25k (my lawyer told me), i was already spent 25k for all the things.
is it really necessity to take anticipatory bail?
If genuinely accused person opened the 420 case what i supposed to get from Police station (Like Call/text) or FIR copy.
I am really frustrated about way case is running (its just running running), so i am planning to close the case, will that affect 420 case if it is genuine.
Thanks,
Anonymous
29 June 2017 at 17:59
1) Can the police interfere in property matter even when A civil proceeding is going on against the complainer and the disputed flat? Is it legal?
2) Can a person get all the bills of the property ( maintenance, gas, electricity) renamed in his own name even if there is a civil proceeding going on against him and the disputed flat? Is it legal?
3) Can the society issue share certificate to a person if there is a civil proceeding going on against the person asking for a share certificate and the disputed flat?
4) What are the chances to win a case if
A family has been staying in a flat above 15 years. The family could not register the flat due to stay brought in that area, and then financial issues. The builder due to some misunderstanding sells the flat to some other party. The other party, least concerned about everything, did not even care to enquire if anyone stays in the flat or how big or small the flat is purchased the flat. The builder gets the flat registered on the other party's name. After the family members spoke to the builder, the builder replied that he would himself come and cancel the other partys registration and would re register the flat in the familys name. The fraud builder fled away making promises. The other party trespassed the disputed house with 15 people who were strangers. The elder unmarried daughter (20) of the family cried for help but the trespassers closed all the doors and windows. They hit her father and threw the furniture outside the house. The girl filed an FIR against the other party and the trespassers. The family also filed a case in the Civil court against the other party. The family has a purchase agreement, possession certificate, bills bearing their name since 2000. The only problem is that they did not register the flat.
The other party is trying to acquire the property by involving the police in this case by threatening the family.
What are the chances that the family can win the case?
5) Is there any law which states that the flat belongs to the one who has been staying in the property for years?
6) is it legal for the police to interfere in this matter? Even when the case is going on against the other party?
Ramesh
29 June 2017 at 17:54
Dear Experts of the Forum,
Late Mrs. B gives her property to (1)Mrs. B, Mr. R R, Mrs. I and Mr. SPB, some property which was taken over by Government and amount is due will be shared by equally by above four persons. And (2) remaining land property ie Patta, Inam lands, tenancy land were given to Mr.SPB. Mr. RR and Mr. SPB are own brothers and Mr. RR is older to Mr. SPB
After the death of Mrs. B, Mr. RR immediately taken GPA from MR. SPB for (2) property and dealing with same, and because of practices in the family younger brother Mr. SPB never asked about deals /deeds done by his elder brother Mr. RR in regards to the (2) property even about property (1) also.
In a case where a land was given to Army for lease and dispute rose between a third party Mr. NRS ,about the owner ship of this land, Mr.RR without consulting Mr.SPB had entered in to compromise ( compromise condition is not there in GPA given)with the third party Mr. NRS in the High court in 40: 60(third party Mr. NRS ) sharing basis (In this 40%, Mr.RR included the names of A , B, C, D, E, F, who are nowhere connected with will of Mrs. B or the (2) property…. Now both Mr. RR & Mr. SPB have died.
Mr. SPB gave all the property that had come to him to his daughter Mrs. PS. After the deathMr.SPB we found that there is some discriprency in the will (ie that the third party Mr. NRS, with whom Mr. RR entered in to compromise is wrong on two counts. ONE is false interpretation of the document, the third party having; TWO is, GPA do not contain the permission to compromise and that too GPA holder has taken 6 more un concernd persons along with him in the compromise petition.) .Without knowing these facts Mr. SPB in his ‘WILL’ state that Mrs. PS will have ¼ share in 40% of the compromised property.
Now this third party Mr. NRS argues that Mr.SPB is binding to this compromise agreement.
I request Experts of the Forum, to kindly help me, by suggesting the way out for this problem.
Anonymous
29 June 2017 at 16:09
A purchased property in the year of 1940 and she had 4 daughters and she died on 1949. B is husband of A And executed gift deed in the year of 1968 in favour of A 's first daughter inrespect of A's property. Now A's other daughters filed partition suit against A's first daughter. So what relief for A's first daughter.
siva
29 June 2017 at 15:46
A lady died in year 1985 in estate.the property is self acquired by her.she had 2 sons and two daughters.she writes a will on the wife of elder sons .till now the property is the possession of family of elder son wife ,daughter and her children. In the year 2015 ,daughters of second son challenging the will,and gift deed registration?
Will was executed in 1982 in favour elder sons wife
Gift deed was registered on 2001 .(registered on elder sons daughter)
Anonymous
29 June 2017 at 15:39
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125 crpc case
Dear expert,
The ADJ,FTC/family court itself have cited the following judgment/citations whlie deciding 125 crpc case.
1).संजीव कुमिार बनामि स्टेमट आफ
यू०पी० 2008 सी०आर०एल०जेम० (NOC)1044,
2). मिहेमशचन्द िद्ववेमदी बनामि स्टेमट आफ
यू०पी० 2009CRLJ139(141)इण्डलाहाबाद
3).रमिानाथि राठ बनामि् दुगार
राठ 1989CRLJ 1666(उड़ीसा)
4).श्यामि सुन्दर शमिार बनामि श्रीमिती
सरोर्ज शमिार 2008CRLJ(NOC)144
I have search in on Indian kanoon.com website. These are not there. can anybody tell me where these are reported? Kindly advice and suggest.