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Vikky   29 May 2017 at 13:21

Stay from district court

We have filed a RSA in high court and second party have also filed a caveat ...now they are trying to execute the will.... can't we take a temporary stay from district court under order 41 rule 5,6 during the limitation period...? How we can do it?

Please respond ASAP as it is urgent...

Ashish agarwal   29 May 2017 at 13:15

Appointing

Sir,

since may.2011 joined railway shramik sahakari bank limited as a ceo as temporary status wioth fix pay .

afairs are managed by BOD ( Elected member of Railway)

under rbi and ministry of agriculture central registrar

till date no fixation and permanent servoce is not regular.

pls help

SAA_Bombay   29 May 2017 at 12:27

Distribution of property

Sir, we are three children of parents. Sister is married. Elder brother is in business of father & me on service. Elder brother stays with father & hold a good position in family as all assets of dad is in his possession. I stay at house which is in name of my mother who stays with my brother. Now, they have asked me & my wife to vacant the house as they have made some business loss & they want to compensate same by selling this house. & they have asked me to manage my living in rent house. Here need to say that brother have possession of flat where they currently live, of village house & dads office also (including car & other valuables). But than too they are asking me to vacant house. When i refused they are forcing me & say that they will send me legal notice as house is in name of my mom. Even my mother does what is said to her by my brother. To inform I stay in this house from last 7 years & is maintained by me only.
Please advice what can i do? Do we have to vacant house?

manish   29 May 2017 at 11:47

Stamp duty required after probate of getting propert

I have purchased a house in Kolkata , the owner has no more and left the will and on basis I have obtain an probate from high court with duty court fees and applied for mutation .

As stamp duty is not required on the basis of probate as per my lawyer and other feedback.

But one Freind lawyers given suggestion that stamp duty is also required and he has also given me the judgement of supreme court .

Suraj lamp and industries (p) ltd Vs state of haryana 2009 chapter7 page 363

Now I m confused and getting improper advice from the facts.

Please give the advice and proper reply with details what is correct process on which ground

Regards
Manish Agarwal

Goapl Garg   29 May 2017 at 11:46

Petition for commission

My father is aged 83 years old and is a witness in a criminal case towards a 07 years old property matter and is summoned to the court on 21st June,2017, but owing to his age and health condition he is not able to move out of the house and is medically unfit.I am told that if he does not attend the court, then warrant may be issued against him. what is the remedy to this problem? Can I file an application on his behalf before the court for taking his witness at home under medical ground and if yes then when should I file such application? i.e. on the designated next date only or even before that?

Shreya Sunil More   29 May 2017 at 11:26

Transfer a padgi system room

We have a house in pagdi system in mumbai in the name of late grandfather. We wish to tranfer the same in the name of my father but landlord is asking for 10-15 lacs for transfering. we dont have capacity to pay such a huge amt. In case of redevelopment, can the ownership will transfered automatically in my fathers name?

Please guide

Aman   29 May 2017 at 02:25

Acquired land is still not used

A Corner 10 acres of Land was acquired for the public purpose ( for making hotel ) under section 4 in 1981 and compensation was awarded to the 5 land owners but they have taken the award under protest in 1982. Government has given the land to a Private company. A little part of the land was constructed while the rest was vacant but the M.D. of the company was died after 7 years of possesion. So the said business was stopped for many years and than a steel business man purchase the company and stopped hotel business and had taken CLU ( Change of Land Use ) in 1994 near about half of the land acquired from the back of the corner side, for a factory of Steel Rolling Mill which was run only for 4 years. Now the land is still vacant from 21 years. And even more the company Director has given 35 feet wide road as a way to an unauthorized private colony from the left side.

So, the land is not used for said purpose as written in section 4.

Only 2 land owner file a civil writ a petition in 1994. And after 6 years, when company's counsel see that only 2 of 5 owners were demanding 1.33 out 10 acres while the judgement was going towards lapsing the whole 10 acres acquistion, they made a compromise on 29 Aug 2000 -:

That ' COUNSEL FOR THE PARTIES STATE THAT WITHOUT INTENDING TO CREATE ANY PRECEDENT, THEY HAVE SETTLED THE DISPUTE BY MUTUAL COMPROMISE. COMPANY'S COUNSEL STATE THAT LAND MEASURING 1.33 ACRES OUT OF 10 ACRES IN THEIR POSSESSION SHALL BE GIVEN TO THE PETITIONERS. AND THE PETITIONERS SHALL REFUND THE AMOUNT OF COMPENSATION ALONG WITH INTEREST @ 15 % PER ANNUM ( SIMPLE AND NOT COMPOUND ). THE HANDLING OVER OF POSSESSION AND THE PAYMENT OF MONEY SHALL BE SIMULTANEOUS. '

Actually, the petitioners land falls on the main road when the total 10 acres of land was acquired and than company was giving a asymmetrical land from the back side which is not of the petitioners. Where as the petitioners are ready to refund the payment with interest. So again owners filed a CM with COCP in 2001 for writ petition which was decided in 2012, that nothing is mention in the compromise about the land and dismissing COCP that company was ready to give the land. So the compromise is still not implemented from 2000.

So now The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is implemented from 1.1.14. Is this act is retrospective which helps land owners to get their original land back or is it right way that petitioners will take other land instead of their own. If a map is need it will also be send, my number is 94172-52552.

Greatness   28 May 2017 at 22:39

Family immovable property partition registration

Namaste
Our ancesstoral property of our great grandfather has been divided. My father and his brothers decided for MOU. Kindly tell me the legal enforceability of it and what steps are necessary for its lawful enforceability. What are must have's of it to be binding by law and right of the property.

K K S V SOMESWAR   28 May 2017 at 22:00

Publishing of information received under rti act

Can we publish information received under RTI Act. A nationalised bank gave information about the non performing assets of three officials working in that bank and the information was given under RTI Act just a month back. Can we publish this information in newspapers ? Any legal consequences are there ? experts pl reply. thanks in advance.

Mohamedi Dehgamwala   28 May 2017 at 18:16

Fair Rent

A tenant occupying a commercial portion in Chennai is paying 'Fair Rent' fixed by Court more than 5 years ago.Can a landlord once again approach for fresh rent as there has been no enhancement eversince ?