Sankalp
19 February 2015 at 13:30
Hi,
A brief background of the case:
There is a block of agricultural land that is jointly owned by my father and 2 of his cousins. It was a 'sajha ki zameen'. The ratio of division of land being 50:35:15 among three cousins, my father owning the largest share.With no proper demarcations as to which block belongs to whom, the amounts of 'kaasht' were being distributed among three cousins by the eldest one. My father being an honest & a man of few words didn't question anything as he was relying heavily on his trust with the eldest cousin. I had warned my father time & again to get this land demarcated so that we dont have to worry for the future.
The eldest cousin wanted to sell off the land, for which signatures of my father & other cousin were required. My father & other cousin refused saying we dont want to sell this off at this point in time.
Knowing my father gets worried easily, the eldest cousin filed a case against other my father & other cousin just a week before my sisters marriage, claiming he owns all the land that is in the frontside(next to road)(His 35% share of the land).
The notice was sent to my father at the address, where the land is. The 'kaasht' family being close to the eldest cousin, didnt inform us about the notice. But somehow we found out about the notice & arranged for a lawyer,all that during the time of my sister's wedding.
The case was filed in late 2013 & result was announced in his favor just a month ago.
Our lawyer has filed for a stay in Revenue Board, Rajasthan. The eldest cousin had a caveat filed in case we decided to go for stay.
The eldest cousin is going for CLU to sell off the land basis the judgement in his favor. Do we have enough time to stop this?
My father is constantly worried & it would be an irreparable loss if we lose this case. I want to help him out in any way I can.
I would be highly obliged if any expert can comment on this, if there is a way that there can be 'logical' decision i.e everyone gets front + rear in the ratio of the land possessed.
Any help/guidance on this is high appreciated.
sohel
19 February 2015 at 12:50
Sir ,
I am file divorce application in my native place but till date my wife not given any written statement on this,
She file a transfer application in high court in Mumbai .
Each date in my native place her advocate give the replay – we are file transfer application to high court and this is pending .
My question is : This is not necessary to give written statement to my native court ..more then 120 days gone but my file not file a
Written statement .Just give a ( adjurnal application to court ) .My advocate told the judge to give ex-party order but judge not given .
Also I am not attend the hearing the Mumbai high court . I don’t have money for this .
Regards,
Sohel
Himanshu Sharma
19 February 2015 at 12:35
Hello,
I have lodged 2 FIRs in 2 different cases.
One of them is as follows
a person filed a cheque bounced case against me. This cheque is the one that I had lost long back and lodged a police complaint about it at that time. Later when the person misused and filed a case against me u/s138 I came to know that he was having the cheque. The police then lodged a FIR against him u/s 379 and further investigation is on.I have also engaged a Private Hand Writing Expert (SP Retd.) to verify the hand writing on the cheque.
The person has now filed an application with the High Court u/s 482 to quash the FIR.
Is it possible that the High Court can quash it even if the Police investigation is on....????
In second case I have lodged and FIR u/s 409,420,467,468,471 (against a nationalized bank)they have also approached the High Court to get relief u/s 482...is it possible???
nagaraj
19 February 2015 at 12:34
Hi All,
property Transaction details is as below,
1. 'A' got the notarised GPA before 2011 attested by wife and affidavit from first owner and sold with sale deed to X.
2. X has sold the property to Y with sale deed.
3. 'Z' we purchased the property from 'Y' with sale deed .
4. Now First owner wife ie, who executed GPA has filed the case on GPA holder X.
5. So what we will be the impact on Z who is in possession of the property because often they come and tell there is some case against this house.
First case which was filed aginst GPA holder was disposed and nature of disposal is reject. And now one more new case has been filed against GPA holder.
please let us know how to deal with this.
Thanks,
Prasad
19 February 2015 at 11:59
My father expired 3 years ago , has written a will in that he says property house for 3 brothers after death of our mother. our brother employed in saudia arabia , a divorcee has come on leave recently For 60days .He almost all days have liquor in home and consumes pan parag type and beats our 76 year old mother and servant ( for take caring of our mother) . We made our foreign brother understand and at that time his anger settled . Our neighbors’ came for our mother rescue on the day when she was beaten up . As We 2 brothers are employed in Bangalore could not come on that night but reached early morning and instead making matters more worse we made him understand and FOR that time matters settled and we are back to our job place at Bangalore , where our families live. We requested our mother to come with us to Bangalore , but denied . She aged 76 likes to live in our present place with remembrance of our father
We are requesting to know- what we should do by rules to safe guard our mother from him . Instead of he having liquor and beaten her we request he be paid his share and let him live in a place of his choice and can come to see our mother with a condition that he have to leave home by 6PM and time for meeting /talking to our mother should be `1 hour. OR as he is employed in forgein place and we believe he has money let him take home in his name and let him give us our share and can come to see our mother with a condition that he have to leave home by 6PM and time for meeting /talking to our mother should be `1 hour.
As our mother was beaten up she is not at all interested to stay with him . Our neighbors’ only came for rescue on that day. Even his visit to home town is a nightmare for our mother. Now he is going to marry as per his choice and we all agreed. Earlier on his marriage we brothers and uncle signed as witness for marriage , on divorce case we went court for 1 ½ years .So here again can it get it in written that he is marrying of his choice and in that we are not responsible for any lapses .
Please guide us in interest of our mother security . We don’t have any other home in hometown other than this and we come on every month to see our mother
Please guide us in terms of law and can we get these matters issued by court and what is procedure for
Sarbendu Mallick
19 February 2015 at 11:34
I have signed a sales agreement with a developer in Hyderabad for a plot in Vattinagullapally village under Rajendranagar mandal, Hyderabad. The developers have given me land documents signed by gram panchayat sarpanch. The bank officer for loan is requesting documents signed by EO or Panchayat secratary. These documets are - layout plan and some construction orders. My question is:
1. Are the plots under Vattinagulapally valid and safe to purchase.
2. Is this village under GO111/gram pancayat or merged with Muncipcal Corp of HYD or HUDA or city body.
3.Are the signatures of EO/Panchayat secretary mandatory or Sarpanch signing will be more than enough for loan approvals.
Thanks in advance for your priceless advice and time on this,
Thanks,
Sarbendu Mallick (9908046150)
shaikh
19 February 2015 at 11:22
i Experts,
I have several queries with ragards to my tenant..I have rented my Flat in New Mumbai to a tenant from last 4 years on 11 months leave & License renewing every year.From last year the tenant is not paying rent and is also not vacating ?? The last agreement expired in August 2014 . He took some excuse and said he need to renew for another 4 months . This time we told him to register the agreement but he is adamant on not registering and he has not even signed the agreement . My previous agreements were not registered .. Please confirm what are the steps i could take that he evicts this time..Pease note i am out of India , hence not able to presurrize him . I have given Power of attorney to one of my relative.
Please advise
1. Can we take legal course if he is not signing the leave and license agreement.
2. Whenever we visit him he says he is out of town and does not come to talk , just his family is present in the flat most of the time.
3. There is a co-operative society in the building . How can the society help?
4. He always says do whatever you want to ?
5. Will he still be considered a tenant if he has not signed the agreement . Can we file a criminal case against him.
6. what are the quick steps to get him out and at the same time make him compensate for harassment and mental agony.
7. Can i still say i want the flat for me but i am working abroad.
8. How can we safeguard us in legal case since i heard that registering the document is landlors responsibility but this person does not want to sign or come for registeration.
9. How long the case take to evict him finally.
10 Can we get an Ex PARTE order to vacate him immediately.
10.can you suggest any good and experience/honesh lawyer in New Mumbai.
I want to take proper steps so that i do not want to get into legal hassles..
Thanks and appreciate your advice
Shaikh
n v subba rao
19 February 2015 at 11:14
Hi,
We have 99.9% ownership in a private limited company which has a hotel property. This hotel property is in the hands of 0.01% share holder who does not have any management role nor director of the company.
So what are the options to take physical position of the hotel property of our private limited company?
Thanks in advance.
Tara Singh Chouhan
19 February 2015 at 10:50
Dear Sir,
I have a relative is 94 years old widow has a registered adoption deed. Now she has been getting suffered by adopted son and she is not satisfied with this adoption. Therefore she wants to cancel this registered adoption deed? Please let me know.
With regards
Tara Singh Chouhan
Can she sale her property without asking her adopted son?
She is alive now. Is her adopted son may interfere her life?
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Private limited company in residential apartment
Respected learned experts,
Please help us with the following query. We are a small group of Apartment Owners in a residential apartment complex in T.N. A private limited company started doing business inside our complex by running Serviced Apartments for touring corporate guests. The frequent strangers visiting the complex was an intrusion of the privacy of our gated community and we therefore raised objection to the builder (who was also a business partner in this Serviced Apartment company) who still carries out the maintenance of the complex. Since the builder refused and continued with this business we sent a letter to the corporates who were in agreements with this Serviced Apartment company to use the flats for their employees and guests. We informed the corporates that our building was approved by DTCP for residential use only. The corporates have cancelled the contract with the Serviced Apartment company. But this company is now harassing us. First, they filed a civil suit against the names of the owners who sent the letter to the Corporates, and are claiming that we have done something illegal. Second, they are sending lawyer notices claiming for 1/2 crore as compensation for sending the letter to the corporates. Please advise if the law does not allow citizens to write a letter to corporates and express their concern against commercial activity in their residential gated community.