ckanta
31 January 2015 at 16:03
I have acquired one property by way of registered gift deed from my mother in year 2000 and she had acquired the property by way of registered relinquishment deed executed by me and my brother in 1991 and that property was acquired by my father from L&Doffc. In year 1960 and he has died intestate in year 1990 and in 1991, 2 brothers and one sister relinquished their right in favour of our mother. however me and my younger brother along with our family are residing the property jointly since long .The elder brother who is not residing in the property has filed suit for partition and possession against me and my younger brother and claiming 1/5 share on the basis of Mutation carried out in the name of him and me in L&D records as property stands 4/5 in my name and 1/5 in name of my elder brother. My younger brother has taken plea of adverse possesion in his defence and also challenge the validity of RD and GD and burden is on me to prove the same. I have already examined witness and Sub registrar in my evidence now when my defence evidence (d-1) is about to close he(def-2) has moved an application for amendment of relief clause of his WS under order 6 rule 16 and prayed that Relinquishment deed and Gift deed is declared void and illegal and he is supposed to be declared as owner of the share in his possession on the basis of adverse possession. Can he amend his pleadings after the commencement of trial and he is claiming declaration of ownership by way of adverse possession and also claimed to declare his share in remaining property as one of the legal heir. what are the prospects that he will succeed in his plea. Would he be succeded to amend the pleadings. As in this way he is trying to change the nature of the suit.and trying to get declaration without filing any suit and My gift deed and Relinquishment deed are registererd docs.he has not filed any suit to challenge my registered docs. Is adverse possession applicable in joint family property I have allowed my brother to live in the property as a licencee after Gift deed also but now i have also filed a separate case for eviction against him from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.
Sir please tell whether Adverse possession is applicable here and whether Def no 2 can crossexamine defendant no 1 witness as defendant no 2 has said that he has not executed any Relinquished deed and no Gift deed has executed thereafter. Defendant no 2 has moved an appliaction to seek permission to cross examine defendant number 1 witness. Is it allowable.
Thanks
Rishabh Bordia
31 January 2015 at 15:27
can we file a fresh/new suit in india when the foreign ex-parte decree passed by a superior court of a reciprocating territory is inconclusive under sec.13 of cpc
Kiran
31 January 2015 at 15:17
Even name calling comes under DV act.
So by what name husbands need to call thier wife.
neha
31 January 2015 at 15:11
Dear sir/Madam,
I have a query regarding Rent Paid in Advance.
Suppose a person has paid two months rent in advance 6 years ago.
At the time of payment monthly rent was Rs.3500,Now the rent has been increased to Rs.5000.
My question is, is the Landlord has any right to demand excess rent at the time of vacate?
I mean current monthly rent is Rs.5000,Two months rent=5000*2=Rs.10000
Advance in his hand=3500*2=7000.
Now can he claim Rs.3000 in excess i.e.(10000-7000)?
S. Fernandes
31 January 2015 at 14:39
Dear Sir's,
The Court has attached property under R-54 of O-21 in executing proceedings.
ad
31 January 2015 at 14:33
My wife filed case sec.9 and sec. 24. in sec. 24 maintenance allowed @ 1500/-. (in other proceeding u/s 125 @ 1500/- is already i am paying ).
in last date i appeared before the court and filed pursis for that i am ready to bring back her as per her prayer and requested for disposal of case. she was also there and she and her advocate asked for amount of maintenance which allowed before few months, and told that he is telling lie and this is a game for safe in 498-a and want to save to pay maintenance and filed a application for recovery and prayed for stuckoff of my defense.
now what can be done. If i not pay the maintenance in sec. 24. what can be done.
Pl. guide.
gopal
31 January 2015 at 14:23
Dear Hon'ble Experts,
I am nandagopal from chennai, I am also the member of this forum.
My father has issue between Bank , i did not know how to proceed further.
When i Joined here as a member, i have lot of information from this forum
/There are lot of experts given their advice and suggestions here.
The bank did not return the jewels even after paid the jewel loan.
for that we filed CC in consumer forum and got favour order.
the bank were gone state commission for appeal
I faced the appeal by in person with the help of the lawyersclubindia.com experts advice and suggestions.
the bank wrongly got the favour order in condone delay petition ,
so i prefer to file REvision Petition in National Commission, i do not have such financial position to go and file Revision Petition by in person.
During the time i got suggestion and advice from this experts that i can file Revision petition by in person and some formats provided here
Based on that i had filed Revision Petition with out any mistakes and which was immediatly numbered and send noticed to the opposite party bank
When receiving the notice the Opp party bank appraoched us and came for comprimise
few days before they have returned our jewels and compensation amount to us.
This was happend with the help of this Forum, i did not have any law back ground but with the help and guidance of this Hon'ble experts i have got our property from the bank
So I have to Thank to this Forum and all the Hon'ble Experts who were providing there valuable advice and guidance to the needful persons.
Once again I Thank a lot for this forum and all the Hon'ble Experts
with best regards
nandagopal
Member (Account Deleted)
31 January 2015 at 13:04
Dear Experts,
I like to make a small correction in my land deed document. So i submitted all required document to Sub Register Office. But Sub-Register told me that he needs vendor’s sign or court order to make correction deed. But vendor did not accept to sign the correction deed who is working abroad now. I do not know his abroad address.
1. If head tashildar give correct land records to Sub-Register, can Sub Register possible to make correction deed without vendor’s sign?
2. Have any other procedure to make correction deed without send legal notice to vendor?
3. Can i give legal notice to vendor’s native (India) address (now working abroad)?
THANK YOU ALL EXPERTS
MARIMUTHU
rizwanshaikh
31 January 2015 at 12:25
Dear Sirs/Madam ,
i have a query ,i need your help. i bought a property at Mira Rd (e),Dist :Thane ,Maharastra , i enter into registration march 2014 ,having loan from DHFL.DHFL return my SHARE CERTIFICATE to transfer in my name and later submit the same to DHFL.i went to society but they told since you not completed one year as owner of the flat we can't do .after completion of 1 yrs we will transfer in your name , i just want to know as per Maharstra co op housing society rule is it correct that only after completion of 1 yr share certificate will transfer in the name of buyer is it mandatory .i have no dues also paid transfer fee etc. please guide me, Regds Rizwan
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Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:
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After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.
Point 2. If you are an importer or you source goods through the manufacturer of the brand directly
Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel
Point 3. Exclusive Marketing Letter
Document received directly from the brand itself, stating that you are it's online sales partner.
Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."
My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks