Kumar Krishan Agarwal Advocate
28 November 2009 at 02:03
Dear Solicitor,
1. My mother has two younger sisters and four younger brothers. So actually seven children are owner here who have one ancestral shop 30 * 20 sq. foot area in posh market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. Four Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. He has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
malashree
28 November 2009 at 00:27
In a partition suit case the defendants have made a forged Will and produced a photocopy of the same in the court. The said Will is unprobated/unregistered and the date mentioned is 1.8.1988. Please explain in details on what grounds the above said Will can be challenged in the court of law.
Member (Account Deleted)
28 November 2009 at 00:14
pls tell me;
can a husband ask to his wife to get out from the house,which he construct from his self aquired property?
how can wife defend herself?
nalni
malashree
28 November 2009 at 00:00
A few years ago govt. of india had allotted a 155.5 Sq.yds plot under East Pakistan Displaced Persons Scheme in Delhi. The property is still leasehold, however, the same was registered in the sub-registrar office accordingly. Please clarify in detail the meaning of leasehold property. Secondly, what is the meaning of conveyance deed and how it can be made for a particular property.
Arvind Singh Chauhan
27 November 2009 at 22:02
Sir,
If one is arrested under section 151 Cr.P.C. PLZ Tell me it should be treated as bailable or non bailable ? as a matter of bail. If there is any citation plz suggest.
sunildatta akole
27 November 2009 at 21:10
Sir, My father is a tenant of a shop since 1961 which is owned by "A" but he is the tenant of that land. "A" is taken this land on lease for a period of 999 years from the land owner in the year 1960. I have purchased such land from the land owner in the year 2003. Now I am the owner of land and my father is the tenant of such shop. and "A" is the owner of such shop building. it means my father is in possession of such shop.
Now how can I obtained the possession of that property from the shop building owner. whether i can filed a suit even though the shop owner is the leasee of my land for the year 999 years?
Whether I can filed a suit against a shop owner? if yes, on what ground?
Also told me whether it is necessary to give a notice to my father also?
Please advise me and give me any citation regarding it if any.
Please give me advise along with grounds on which i can issue a notice and also file a suit.
AMAN
27 November 2009 at 20:49
can a prima facia case(civil and criminal) with all the documentry proof is sufficiant to proof the case.. and can a judge give biased judgement after seeing all the documents..
kalyani choudhury
27 November 2009 at 20:08
My father - in -law expired on 23.10.2009.
He left a will giving his property and and various financial instruments jointly/nominated his sons. Can my learned friends explain how these are to be encased and what is a succession certificate and when it is required and what is the procedure for obtaining it.
Thanks.
kalyani
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Unregistered sale deed
Hi,
I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,
1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.
2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.
3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.
4. I have an adangal record(possession record) since 1977 for every year till date.
Now here is the problem....
There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.
Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.
2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?
Thanks in advance.
-Raju Jagadeesan.