sunil
25 August 2021 at 13:08
Dear Panelist,
What are the remedies available in the situation as below:
1. “C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
2. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Synopsis
3. “A” become new landlord of the premises incumbent with tenants.
4. “B”, a partnership firm, is the tenant from erstwhile landlord.
5. The rented premises, a room, of “B” is under court receiver in a title suit TS/1 filed by partner “X” against his partner “Y”.
6. “A” issues rent bill to “C”, a new tenant, without taking possession/evicting “B”.
7. “C” files a Title suit TS/2 against “A” & “X” with the aid of trade license (documents) unrelated to said rented premises and obtained an ex parte ad-interim order in his favor.
8. “A” filed a revision petition in HC against “X” & “Y” challenging the lower court’s order in TS/1 directing the Court Receiver to put his lock & Key on the rented premises of “B”.
9. “C” tried to become party in Revision suit but Hon’ble HC rejected his petition on the ground that the documents presented by “C” are not trustworthy.
10. Hon’ble HC modified the lower court order to the extent that after inspection Court Receiver cannot put his lock & Key upon the said room.
11. As such, after the last inspection said room was left open and Partner “X” put his lock & key to symbolically take possession though his formal request filed before the last inspection is pending before the trial court.
12. In Title suit TS/1 there is a stay from HC in a revision suit filed by “Y” upon rejection of his petition under Order 7 Rule 11 of CPC.
13. In Title Suit TS/2, petition under Order 39 Rule 4 of CPC is pending. Petition under Order 7 Rule 11 of CPC and Order 6 Rule 17 CPC are pending for final hearing.
14. NOW,”C” with the help of “A” is trying to take possession of the said room without any order from the Ld. Court(s).
15. What remedies (immediate) are available to “X” to protect his subsisting tenancy and possession of the said room in this Pandemic time when courts are not taking normal hearing and opposite party is getting adjournments without any hearing.
Thanks
shyam lal
20 August 2021 at 07:07
A co shareholder of a undivided immovable property gifts his share without any consideration to a third party ,where as the registered WILL mentions that one month notice has to be given to other co shareholders informing intentions of sale to third party.Situation is the share holder does not sell his share but gifts his share to the third party,query, is there anything wrong legally by not notifying before gifting his share.
Member (Account Deleted)
19 August 2021 at 11:12
Hi,
I would like to know what are the consequences if a husband deserts his wife within three weeks of wedlock and for everything his parents are coming forward to answer and not letting him to talk even in counselling he said he dont want to take back since his father had asked him to not to take her back. Since I am also working I'm not bothering about maintenance but what about the hefty wedding done by our parents and cost incurred on in such cases
Anonymous
18 August 2021 at 16:43
Wife cheated me and stole Gold from home worth 10 Lac.
Wife Produced Fabricated MLC after 6 days she left home. FIR its help her frame IPC 323 against me. How to Provo that this MLC is fake? What question can be asked what info can be obtain to find out truths.
1. What points should be me mentioned if I File RTI to goverment hospital or police station?
2. RTI should go to hospital or police station just to be sure as Police approved MLC and file 323.
Anonymous
15 August 2021 at 19:47
My mother is single , we don't have any property from our father side as they were seperate when I was 6 months old and my mother had taken us in custody, now my maternal grandmother who was live with me until her death bed has given a property to my mother and my mother also gift her said property in same to both my sister and me, now I would like to sale off the property that registered under my name but my mother and my sister create an issue and threatened me that they will sue me and revoke the gift deed and throw me out from the property, so is there any legal answer to fight back or is that possible that they can retake the given property again??
W
14 August 2021 at 13:27
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shyam lal
09 August 2021 at 14:23
As per the registered WILL,a coshare holder of the undivided property has to give one months notice to other coshare holders before selling his share to a third-party ,query is if no notice is given & sells his share,what are legal consequence's.
Harsh Kaushik
05 August 2021 at 15:54
I meant that when I graduated from class 10th in 2018 and shifted to another school in class 11th, they didn't ask for my TC and I've completed my 12th in 2020 and been admitted to a medical school so that tc of 10th will cause any problem?
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Private limited company buying litigated property below circ
In 2012, a Private limted company bought a property for Rs.1000000 (ten lakh) and paid vide demand draft. Deed of conveyance was executed but couldn't be registered on that day. Seller returned the demand draft with a promise to get the deed registered and collect the demand draft at a later date. Thereafter seller refused to get the deed registered and handover physical possession of the property. Company approached court for specific performance of contract and got injunction on sale transfer of property by seller. Case is in trial stage. Now the seller has approached for compromise and offers to execute a fresh deed and handover possession for Rs.1500000 (fifteen lakh). market value for stamp duty is now (2021) Rs.2250000/-(twenty two lakh fifty thousand). What would be income tax implication for buyer company? How compromise process should be followed in this matter to avoid tax liability?