Manoharan
14 January 2016 at 10:22
We are residing in an apartment in Trichy, Tamil Nadu. Some house owners have purchased car parking slots initially when they have purchased the flats. But the house owners/tenants who are not having parking slots are parking in common areas and paying rent to the association.
But suddently, one house owner has suggested to the Association that all the house owners/tenants have to pay charges even for parking two wheelers in the parking slot.
Kindly advise whether his suggestion is correct?
Member (Account Deleted)
14 January 2016 at 09:56
A woman/widow MAYA had 2 sons. Eldest AJAY and youngest SIJO. She made a will in 1995 stating that the property/land she HAD self-acquired 1.6 acres OF LAND be shared among her 2 sons equally after dividing it vertically. 80cents each… MAYA passed away in 2010.
Now her youngest son/SIJO on the basis of above mentioned will made a *dhana nischayam (*is a gift deed conveying the property in ones favour) in 1995 itself(period the original will was made). MAYA was alive then. SIJO has registered the deed and has also carried out mutation of property and is paying tax.
Also the youngest son/SIJO had in 2002 signed a 100rs stamp paper giving away/waving his claims over the above mentioned property/land. ( That was for a loan purpose for AJAYs NEED )
Now when the eldest son/AJAY in 2010 after the demise of his mother MAYA wanted to execute the will he was confronted with few obstacles:
KINDLY REVIEW AND ADVICE
1. The land of 1.6 acre is now 1.1acre!!! And currently AJAY is paying tax for 80 cents and SIJO for 30 cents. THIS IS NOT THE POINT OF CONFLICT!
2. AJAY wants to divide the property vertically as mentioned in original will. SIJO has divided the property horizontally instead of vertically dividing the land stating that its according to his dhana-nischayam!
3. AJAY put a fence vertically….on which SIJO approached court stating AJAY had encroached his property ASKING COURT to help remove the fence and mark boundaries. His main evidence being his dhana-nischayam.
4. WHAT ARE THE POSSIBLE OUTCOMES….Who will win the case and on what basis?!
5. Can SIJO ask for equal division of whatever property/land is left?!
6. Can AJAY USE 100rs stamp paper(SIJO waving away his claim over the land) at any stage in his favour?!
anita sinha
14 January 2016 at 08:57
Hi Experts,
Please advice.
I want to file a Device mark in a particular color. what the process of filing this. shall i provide a endorsement for the color. if yes, who should endorse it? applicant or Trademark attorney?
Thanks in advance
HUKAMSINGH
14 January 2016 at 07:33
At present I do not know my case number which have been lodged by SBI against the award of CGIT. I do not have any detail about that case. How can I search at MP High court Web Site?
Regards
Prashant
14 January 2016 at 05:15
Dear all respective expert's,
Can I take a legal action against a biggest mnc company . they are revoked my offer by stating my university (Agra University's) is blacklisted in company's records.they already extended my Doj 3 times before denied by said my I'd is not created.I have already resigned from my last company and now jobless since last 2.5 months
Please advise me ....
Thanks and Regards,
Prashant
9716358017
Naga
14 January 2016 at 00:54
I filed a consumer case in Tamilndau redressal consumer forum in 2013 against a builder for not providing all the amenities and refusing the interest that the builder asked that was mentioned while booking the apratment.
I paid the full cost of the building and the apartment is registered in my name but I did not get the keys.
The court case went on for two years, a person from court visited the premise and verified that the ameneties mentioned in the brochure was not fulfilled, the builder's lawyer DID NOT attend any of the hearings and atlast recently on January 1 st week, it became ex-party and judgement came in favour of me. There was no one from the builder side during the judgement also.
The judgement request the builder to pay the keys, pay 12% interest from the date of booking for the cost of the apartment, mental agony charges etc in two months time. I though with judgement, everything is over but looks like nothing has happened yet.
I have sent many mails to builder and they seems like planning to appeal. I am fed up and want the keys to my house. I have asked them to return the keys and proceed with the appealing for other things but they are not agreeing for that also.
I have following questions.
1)The builder lawer never attended any hearings and and what basis they can appeal? Will the court not ask them why they did not object before in previous hearings?
2) What options I have to get the keys and money or atleast only keys from the builder.
3) I have paid all the amount of the cost of the building.
Having judgement in favour of me, and waited for 2 months as per the judgement, what will happen if I break in to the building and start using it. What precaution I should take legally to safeguard me in such a case.
4) What will happen if the builder appeals? First of all builder did not come for hearing(more than 6/7 hearing atleast) as he never had anything to argue and how will they appeal now?
5) What other options I have in such a scenario.
6)Is it true that they cannot appeal in court which delivered judgement(tamilnadu state) and they have to do it in Delhi?
7) Under what circumstances a builder oblizes an judgement order?
I have been suffering for 2 years in this case and really fed up. For 2 years the house is locked and not used inspite of me paying all the money.
Appreciate lawyer communities valuable help and suggestions.
PRASHANT
14 January 2016 at 00:24
Dear
My grand father had 40 bigha land bought through auction in 1980
In 1987 he died and and his successor were my uncle n my father i.e his two sons. Records updated in their name
Now without partition some parts as plots were sold by my father n uncle jointly
Unfortunately my father died and most part were sold by my uncle
After varasat my mom sold some part too of that land
Till now no partition is made all sale was made through a broker who too died
Now most of the part is sold
Most of the land is constructed
My mom sold 20% of land 9only n uncle n his successor 80%
There would be 100+ different people who buy the land
My question
I want partition of it
Some lawyers told me to file u/s 176 n kurra will be made by Lekhpal for it
.i asked Lekhpal he told it will be made of land which is non abaadi ,since most part is constructed it will be difficult to bring it in consideration
I want my fare part . Plz guide me
Thanks n regards in advance
CHARAN SINGH
13 January 2016 at 23:33
My wife was in prostitution before marriage with me. I came to know about this after ten years of our marriage. On this, my wife left her matrimonial home in my absence and gave complaint u/s 498A to Delhi Police Crime Against Woman cell. I gave an affidavit in CAW cell giving names, addresses of customers of my wife stating that she is a prostitute and she has lodged a false complaint but SI and Additional DCP did not read the file and ordered for F.I.R. A case was registered against me and my other eight family members. After thirteen years, the case is in initial proceedings recording the statement of my wife. Now, I got several photographs and video films of my wife doing prostitution with many persons. If I submit all these films and photographs in the court, whether my case will be closed or whether any relief will be granted to me by the court?
Anonymous
13 January 2016 at 22:35
wheather suit for recovery or for redemption of money mortgaged can be filed against the auction purchaser or bonafide purchaser after confirmation of sale and in posession?
If yes then what is the limitation?
The money in question was given to the owner of property which was given to auction purchaser in sale from bank and the purchaser was not aware about that mortgage and now what is the liability of auction purchaser over that money?
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Gift deed from father to daughter
Dear Sir,
My father-in-law wants to do a gift deed in favour of my wife along with condition to clear the outstanding home loan on the property. Can this be done? If so do we need to inform the bank in which the home loan is obtained?
We tried for home loan for my wife in order to clear the outstanding loan on my father-in-law name and get it transferred to my wife. But bank manager is saying its not possible to get a home loan in case of gift deed. so we are stuck on how to proceed with this transaction.
Appreciate your inputs in this regard.
Thank you,
Venkat.