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Anonymous   23 May 2021 at 20:21

Family property dispute

My great grandfather had 5 children and then 5 grandfathers have 11 children. There is no property for living in the name of Grand Father except agriculture land. There is no dispute regarding agricultural land in the current generation. The property on which the Grand Father built his house and whatever land was around the house he used to use it and same were used by 5 grandfather without any dispute. There is neither a house nor a land in the name of great-grandfather. And great grandfather did not make any will. Similarly, 5 grandfathers did the same and did not have any will. Because there was a joint family. Right now, there has been a dispute regarding the land and house among the children of the Grand Father. children are 11 and 11 children have children. Right now, there are 11 children who are building houses on their own and they are occupying the land without any fair distribution of land. There is a dispute about this.

The question is whether the 11 children who are occupying the land on their own or making something on it can be challenged in the court or not ?
Can the court grant a stay on this dispute and the court can appoint an expert so that fair distribution can take place of the land?
The title of the land or house is not owned by anyone, can we still go to court?
1 out of 11 can go to court for stay order ?

Location is - Uttar Pradesh, Dist- Jaunpur.

amol   23 May 2021 at 13:04

Respondent in appeal

Dear Expert
I need your help.

The Appellant ( who is defendant in lower court i.e. in Trial court ) filed Appeal against order of Exh.5 in District Court.
We are on Respondent side.

Appellant just filed Appeal Memo and Paperbook in District court.
T.I. or status-quo application is not filed by appellant only Appeal Memo is filed.

In the trial court of senior division when we file suit defendant was filed WS and say.
But in the appeal of District court, I have confusion to file WS or say or not to file in above case.

My Query is:
Q.1 ) Do respondent need to give/file say or WS for Appeal Memo or only respondent argument (written/oral) is sufficient after appellant argument?

Q.2 ) Is it necessary for respondent to file say/WS for Appeal Memo?

Kindly provide us information for process for respondent side in Appeal or duty that respondent must follow in Appeal.

Thanks for your anticipation and help.

Anonymous   22 May 2021 at 23:32

Possession of property after registration

Greetings to all Respected Professionals,

One of my Friend bought a flat where his seller is agree to get registration done. However, Due to Covid situation, Seller is asking for 10 days time to handover possession after registry of flat.

Both Buyer and Seller agreed to get registration of flat done and within 10 days of registry Seller will transfer the possession of flat.

Buyer(My Friend) is concerned if he get possession on time or not, though he will be owner of Flat.

As my friend (Buyer) is paying rent as well in his current residence. so, He just wanted to have an agreement with seller that Flat will be handover to him on time post registry.

My query is that, What are the condition he can write in the agreement related to above situation and what type of agreement both parties can have.

Further, it would be great if someone can share the format with all relevant conditions for the agreement between Seller and buyer.

Thanks

BHARTI KOTHARI   22 May 2021 at 22:54

Divorce by mutual consent

sir can a divorce petition be filled before expiry of 2 year period

Anonymous   22 May 2021 at 20:34

Query

HI...

Can a daughter demand the partition of ancestral property by filing a partition suit even if the father is living?
Or she has to wait till the death of the father.

Can anyone pls clarify...

Anonymous   22 May 2021 at 20:27

Person not giving my emi

I have sold my commercial car to a person. We have an aggreement that he will pay emi of rupees 13500 for next 3 years. This was done on May 2018. But from last year he is not paying the emi's and also last he did some accident and might be car is in police station. Please suggest what should I do now .

Anonymous   22 May 2021 at 18:21

When evidene on affidavit is submmited?

In a consumer complain application, no reference to evidence shall be made.

1. Whether Evidence affidavit is submitted separate from complaint? if yes When?
2. If answer to Q1 is yes, can evidence affidavit be submitted along with complaint or it has to necessarily be done along with complaint not later?
2. Whether complaint statement itself is considered evidence?

Anonymous   22 May 2021 at 18:10

Rti, 2005

Can government hospital deny providing the medical record to anyone? if yes under what law?

Anonymous   22 May 2021 at 16:18

How to take a copy of registered will and poa made by father

Hello Sir,

My father has made a registered will and registered power of attorney in favor of my brother.
I came to know from a source.
When I asked my father he declined that he didn't do it.
I told my lawyer to get me a copy of the registered will and power of attorney

So he said...

That he has found the exact date of power of attorney and will by checking the server but the copy of these documents can be taken by submitting the adhar card of my brother/father or an affidavit by my father or brother.

Means I cannot take these documents.

My Questions are:

1. IF FATHER AND BROTHER HAS EXECUTED REGISTERED WILL AND POWER OF ATTORNEY, IS IT POSSIBLE FOR ME TO SEE?

2. ADVOCATE IS SAYING THAT I CAN TAKE THE COPY BY MAKING THE SIGN OF MY BROTHER IN AFFIDAVIT AND SUBMITIING IT?

IS IT A RIGHT GUIDANCE?

SHOULD I DO IT?
KINDLY GIVE SUGGESTION, WHAT SHOULD I DO?

HAMZA CHECHATWALA   22 May 2021 at 12:21

Regarding unregistered society

Dear Experts,

I live in a 4 storey unregistered building in Thane, Maharashtra. The building is 35 years old now and need to be urgently repaired. However some of the flat owners are not willing to contribute to the repairing fund despite of regular reminders and meetings held for the said purpose. Even maintenance of some flat owners is pending for more than 7 to 8 years.

Need to understand what action can be taken against such flat owners who are not willing to contribute towards the repairing fund and defaulters for non payment of maintenance.