ckanta
21 February 2015 at 23:36
Sir,
Plaintiff has filed suit for partition against Def.1 and 2 seeking partition of his share.Def 2 has claimed adverse possession in his ws and Now he has moved an appliaction uo6 r 17 for adding prayer in relief clause"Relinquishment deed in favour of Def 1 is declared Null and void and to declare him owner by way of adverse Possession "
My query is whether D2 can claim some rightie Declaratory right in his WS without filing counter claim as it is the case of Plaintiff .Def 2 has not filed counter claim till now and trial has begun and Def 1 witness is going on.what is the max time limit by which he may file counter claim taking the benefit of Condonation of delay
Second query is if his amendment is allowed any would it change the basic nature of the suit.
Reply on both the points .
Thanks in advance to all experts who will give their expert advice.
Bharat Pasi
21 February 2015 at 23:24
Dear Experts,
We have a residential complex in Pune which completion certificate was received in June 2013 and builder started to give possession in next 1-2 months. Since beginning we have been promised by the builder for a co-operative housing society in all the meetings. In first commitment he told us society will be formed by end of October 2014 which he missed and again promised in the meeting held in mid November 2014 that society formation and conveyance deed will be completed by mid of February 2015.
When we, proposed working committee didn't see any progress in December 2014 then sent a legal notice to the builder through lawyer by saying either he form the society in next 10 days or we will initiate the process.
After receiving the notice, in next 10 days builder has declared the condominium apartment and now communicated us he has also completed the registration and calling a AGM for the apartment owners.
Meantime we have collected 70% owners signature on the required forms in support of forming the co-operative housing society.
Now we would like to know what is the procedure to Challenge the condominium apartment declared and registered by builder. Having 70% majority in favor of co-operative housing society does have any value.
Awaiting for your valuable feedback and support.
Thank You
Navaneetha Krishnan
21 February 2015 at 20:42
Dear Experts,
My cousin's wife filled Null and void under section 12(1)(c) stating that the boy married without interest and under the compulsion and the marriage was also not consummated.my cousin had agreed that the marriage was not consummated but filed strong counters for fradulent misrepresentation.The trial is yet to begin.The case had completed two years now.
what is the quickest way to end the case?1)If agreeing for nullity infront of the judge is possible? or
2)MCD is the safest way in such case its highly likely the the girl side being money minded would be asking for huge compensation and again had to wait for 6 more months.
Adv M.D.Azhar
21 February 2015 at 20:18
sir, I need to know that A Male Hindu can bequeath his self acquired property to his brother while his legal heirs are in existence? Sir short fact of the case is that, it for the help of the advocate community. Sir One senior advocate was doing practice in our Bar. He purchased one Flat on his name. That Flat was situated elsewhere where his brother was living so he allow him to stay in that house. meanwhile soddenly he got hart attack so he died. after his death the said flat ownership mutated in the revenue record as his heirs. But the problem is that new fact is come out that, the brother of the deceased who was living there (flat) has made a bogus will in his favor which notarized one but looking to the signature it seems bogus. And on the basis of the said will he has given an application to mutate his name in the said property so authority has issued a notice under sec-135-D of the Gujarat land revenue code. Now the son of the deceased need our help so we want to file a complain for the creation of false documents against his uncle, witnesses and the notary advocate. So sir what are the remedies are available to son of the deceased? we are also going to file an objection against that entry. Except this is there another genuine ground by which we can take a good case against him.
aman
21 February 2015 at 20:16
Dear experts
I am a govt. Bank employee, now i am planning to open an electronic showroom to try my hand in business..my query is--:
Can i register for proprietorship on my name.?
And if i make my wife the proprietor..can i be the co-proprietor or joint ..
Will it affect my job anyhow..
Thank you.
shekhar
21 February 2015 at 20:16
I had purchased flat in supertech capetown in dec 2010, i have still not got possesion. Builder is now demanding labour welfare charges @25 per sq ft which is not mentioned in allotment letter. Should i pay it or not. Please advise
lokeshjain
21 February 2015 at 19:36
One of the partnership firm has filled write petition in 2001, with frauduntal certificat construction work done & documents etc and as per HC order he get the order in his favour, Municipal Corporation awarded the contract and now we can file the FIR or inform to the chief Justice. Please Advice.
dhirendra athnere
21 February 2015 at 19:31
Sir/madam
I'm had a credit card due to major problem and unemployment since 1 yr I Unable to pay since last seven months,the bank syas they are going to legal process. I would like to knoe about legal process in that case.
ravimehta
21 February 2015 at 19:30
I was working with supreme infrastructure from Feb 2014 to may 2014 but they have not paid me my salary for four months and the amount for four months is more than one lakh.I have left the job in may, they made full and final settlement sheet but still they have not paid.
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E-stamping or franking
Hello Sir(s),
I am buying a property and getting the agreement done. The builder informed me that he will get the agreement done on the e-stamp paper. But at the same time, my colleagues and friends advised about Franking the agreement. I did some check on the net, but not clear information apart from that both are same.
Please help me to know, whether I need to get franking done separately also after getting the agreement done on e-stamp paper or its not required and the document is still valid legally even without franking.