S. Sudarshanam
13 April 2014 at 19:24
Dear Sirs,
We have won the case of my deceased brother's property as defendants. After the judgment delivered, the plaintiff registered a plot under 0111 Agreement of Sale cum GPA.
Further the plaintiff appealed in higher court and it is pending now.
The Judgement passed on 31-3-2010 and the said registration done on 9-6-2010.
Please let me know the validity of the said agreement of sale cum GPA.
Mustafa Bhat
13 April 2014 at 18:13
Sir,
Today i was going through my 498A & 406 case.I found following observations in it how can they help me.
1) Occurrence of offences 23-03-2009
2) Date on which FIR lodged 19-09-2010
3)Reasons of Delay Waiting for compromise.
4)Date written on application on which filed 17-09-2010
5)In application no date of occurrence has been mentioned.
6) Occurrences of offence has been mentioned in Statement U/S 161 as 23-03-2009
My point is
a) delay of almost 15 month in lodging FIR.
b) If application date shows 17-09-2010 why FIR on 19-09-2010 after 2 days.
c)when in application no date of occurrences has been mentioned how come they has shown in FIR it as 23-03-2009.
Is it going to help me anyway.So so please advise.
sudhir
13 April 2014 at 18:03
I applied for custody of my 7 year son staying with my wife. The petition was filed in my home city X. My wife applied for transfer of the case to her home city Y in Supreme Court and got a stay on proceedings
till the next date of hearing in August. DV case is also running in city Y. I want to apply for interim custody of my son during summer vacations. Is it possible to apply at this stage ?
Jasmine
13 April 2014 at 14:43
Respected Sir's,
I have a property in a SRA building that was directly purchased from builder 13 yrs back. We now want to sell this property but are facing problems because there was no Stamp duty & Registration paid on our name at the time we purchased the flat. The papers which builder have given us are in the name of dummy. Could you please provide us the correct procedure to move ahead with selling the property. Are we need to pay our Stamp duty & registration or the purchaser directly will have to pay their stamp duty & registration???
Thanks a lot in advance for your help.
Shiv
13 April 2014 at 14:05
Rival Party as Legal Heir in CIVIL SUIT between Husband & Wife
Civil Suit filed by Applicant wife against Def1 Chief Promoter of proposed
Housing Society & Def2 Husband for ownership of plot. Applicant wife claims plot
is allotted to her by Def1, but the sale deed is in the name of Def2. Case is
pending before the court. Def1 died quit long ago so his Legal Heirs were brought
on record, but on application of them their names were deleted from parties.
Now recently Def2 husband also died.
Applicant wife has two children from Def2. Both Children have given Power of Attorney to Applicant wife.
Now since Def2 died she has added her name as Legal Heir of Def2.
Now the case is contested as follows
Applicant wife
V/s
Def2 since deceased through his Legal Heirs (1)Applicant wife & (2)two Children.
This is very interesting situation since now applicant wife is fighting a suit against
herself (since power of attorney of children is with applicant wife). She is both
Applicant as well as Defendant.
My request for opinion from learned experts on under mention points:
(1) Can Applicant be Legal Heir of Defendant since they being Rival parties.
(2) Does the suit stands abated on the grounds of want of proper parties.
(3) Does the Sale Deed performed by the Chief Promoter of Proposed Housing Society (which never got registered in future) still stands.
Braj Prakash
13 April 2014 at 13:55
Hello,
I have been through a flat in Handewadi named Kohinoor Govindraj which comes under Gram Panchayat as agreed by the builder. This is a newly constructed apartment and banks have no issues in providing the loan as it seems the project was pre-approved by leading banks.
I am in doubt if it is safe to buy a property in gram panchayat. Please could you advise as soon as possible..
RAJAGOPALAN NAIR
13 April 2014 at 13:28
Dear Sirs,
Have to file a Petition before the Family Court in Mumbai for (i) Restitution of Conjugal Rights (ii) Maintenance for Wife and unmarried daughter (iii) Attachment of property of husband from selling, transferring, alienating, creating third party interest etc. (iv) Transfer of half of the property in the wife name, against the Husband who deserted the wife for the last 10 years and living with another women.
Following are my doubts:
1. Wife is living in Mumbai. Husband is working in Gulf but when he comes to India, he stays with his paramour who. stays in Kerala. Husband does not contact the wife or give her or her daughter any financial assistance. Husband is having properties in Kanyakumari Dist., Tamil Nadu. There is reasonable apprehension that husband will sell property which is solely in his name only. My question is:
i) Can the Wife pray to the Family Court to issue an order for attachment of properties? Or
ii) Can the wife pray to the Family Court for an injunction restraining the husband from selling, alienating or creating 3rd party interest etc. ?
iii) Can the Wife ask for 50% of the property to be transferred in her name?
iv) What is the difference between attachment and injunction in respect of property in the given context.
Thanks & Regards.
Dr. Shekhar
13 April 2014 at 12:32
Sir, What's the answer of this repeated query... V Sorry! as can't see and not clear..shall be grateful if you could copy it
Vithal. Upari
13 April 2014 at 12:06
Dear Experts,
In one of the case :
a) Once, 1st cheque for encashment was made took intimation for insufficient fund
thereafter, legal notice was sent
b) Again service of legal notice cheque presented for encashment within 6 months, legal notice was sent duly served on the accused the case was filed.
Whether Delay condonation shall be done ?
If any "Citations" In this regard of Karnataka High Court or Supreme Court.
Looking forward your feedback on this.
Thanks & Regards
Vithal N
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Rental place and possession...
A flat was rented out from which the two legal heirs my father and my aunt used to receive rent from the tenant.
My father expired 10 years back.
I received a cheque and a letter from the tenants regarding payment of rent to my father's share in the rent some 10 years back.
I never deposited the cheque and henceforth i never received any further rent or correspondence from the tenants.
Recently my aunt sold of her 50 % undivided share in the said property by executing a sale deed.
My queries are-
1.Do i still have the right to this property being my fathers only legal heir as it is been 10 years and i have never claimed any right on this property.
2.Was it legal for my aunt to sell her share of undivided property as she just executed a sale deed to the same.
3.Can the tenants of the property give the possession of the property to the new co owner of the property as i have no correspondence with the tenants for the last 10 years if they are not interested with carrying on with the tenancy.
4.Can/Should I send a legal notice to the tenants claiming my rent for the last 3 years which comes under the limitation and also state them to not to hand over the possession to the new co owner alone without my consent.
thanks a lots ...