DS OBEROI
24 July 2018 at 14:59
Sir,
I want to purchase a builder floor (ground floor) of 100 sq. Yds. In Delhi. The whole property measuring 200 sq. Yds. was given on lease by the government (LDO property) in the year 1963 to a person ‘A’.
Now in the year 1997 half the property was sold by person ‘A’ to two persons ‘B’ and ‘C’ vide a registered GPA (however, no paper regarding agreement to sell or consideration of the property was provided to me, only one registered GPA is provided to me in the form of photocopies).
In the year 1998 Person ‘B’ & ‘C’ constructed four floors on the property and sold Ground Floor without roof rights to person ‘D’ on the basis of registered GPA.
The said property (200 sq. Yards) was got converted from leasehold to freehold in the year 1999 by the original allottee i.e. Person ‘A’.
In the year 2014, the Ground Floor (presently held by person ‘D’) was sold to Person ‘E’ vide registered document (Registry and not on GPA) mentioning therein transactions from A to B&C, from B&C to Person D and then also mentioning the conversion of said property from leasehold to freehold by Person A.
Sir, Kindly let me know whether the title of the property is clear when the property was converted to freehold in the year 1999 by the original allottee i.e. Person ‘A’ with no further documentation and the ground floor of the property was sold by Person D when he acquired the same in the year 1998 i.e. before converting the property into freehold. Can Person ‘D’ sell the property in the year 2014 to person ‘E’ or original allottee i.e. Person ‘A’ is still the owner of freehold property.
Bani Misra
24 July 2018 at 14:54
1)An eviction suit was filed in 2007 by landlady.
2)Case run till 2012 fine.
3)Land lady absent case from 2012-2016 (Health problem ,several operation, document submitted).
4)Opponent got ex party , till date order and the judgement is pending.
5)Land lord appear from 2016 to contest the case.
6)Till 2016 , 6 date judge is absent.4 put up date given ,but till judge is absent on hearing date.
7)Landlady is of 80.She want to see judgment in her lifetime.
8)Landlady has lost original tenancy agreement, she has xerox of the tenancy agreement.
My Question is
1)While Ex party is towards tenant and landlady appear for 2 years to contest but no hearing done by judge.Can land lady move to high court for speedy trial and vacate the exparty ?
2)Landlady has lost original tenancy agreement, she has xerox.Will there be any problem ?
If 'Yes', please suggest what to do.
3)Landlady is of 80, can she ask speedy trial in high court , her application can be rejected ?
Adv.Sanjiv Deshpande
24 July 2018 at 13:02
Can a Addressee to whom a notice is sent by an Advocate on behalf of his Clients file a defamation suit against the Advocate and also complain to Bar Council of India
Anonymous
24 July 2018 at 10:10
HI,
My name and marital status has been changed on my Adhaar card and PAN after my marriage but not on my passport. Now I need to travel abroad. will the changed name and marital status lead to any problem in getting the VISA approved as I am about to file divorce case against my husband and d'nt want to get my passport changed.
Harish
23 July 2018 at 23:46
My father had an property which purchased in 2000. At the time of purchase seller told us we have right received from ancestors that 25% in water well which is in neighbor's premises. The same was documented in paper also. But later the seller lost that right through some consideration ( approx 30 sq feet boundary space) which was not documented.
My father purchased the same and later buid the house in premises. And while building boundary wall the neighbors are objecting that the space belongs to them as the same was not documented bin paper.
What can we do now...? Request ur expert advive
V.V.Ramadas
23 July 2018 at 23:43
Dear Sir/Madam.
In a Partition suit the advocate for defendant has not taken plea for , barred by limitation,non-joinder necessary part, no cause of action and non-payment of proper court fee etc but at the stage of appeal the appellant taken all the above pleas and during the pendency of appeal the respondent -plaintiff has filed additional evidence( filed a new ROR-Patta where in the name of appellants daughter is find place) under order 41 Rule 27 C.P.C and the same is allowed. Can the advocate for the appellant file a petition for remand of the suit to the lower court with a permission for amendment of the pleadings as the it changed facts of the appeal.
Shreya
23 July 2018 at 23:17
My case is going on since January 2017 and this July 2018, my husband has been declared Ex-parte. Next date to close the evidence given by court is 30 November which is too long, as my case is pending more than a year. Please suggest. Can I give any case reference in the court with the request application to prepone my divorce orders. Or is there any other way out?
Anonymous
23 July 2018 at 23:12
my question is straight way regarding disowning a person cant disown his parent no matter how wrong his or her parents have done with a child and over government too support is with senior citizens maintenance act 2007, no matter how bad the parents are with their child he in their old age child as to pay for them when they are no longer capable to earn, but a parent can disown a child once he completed 21 yrs old with any bull shit reason just because they have different thinking. and a child couldn't do any thing because he have not been given proper education, in my case its even worst my parents disowned me snatching my rented home, my job only source of income, and stealing all my merit documents including my Aadhar and pan card original. my parents disowned me taking my job and rented home by publishing a public notice in news paper stating my behavior is not acceptable in society as if i was a drug addict or thief, all i did is start earning and living away from home with girl of my choice as in live in relationship. my land lord said me to empty property as if i stole something from home and and they threatened me they will bribe their known police inspector to arrest me in charges of stealing 100 k rs from home, and now i am left with nothing no company is giving me job as i have no merit documents originals and no bank is giving me loan because i am not yet 21 and due to that public notice. the people who forced me to commit suicide by mean of mental an physical torture when i was just 14, are now showing themselves as victim by the means of their allegation of my ill behavior in reality i have never bullied anyone never had drug or consume even alcohol. i need a legal help because i know i did nothing bad so i am being ill treated, i tried to run from the family that treated me like animal beating me torturing me enough that i ended by attempted to commit suicide. failing to that just ran from home to live with someone else.
Anonymous
23 July 2018 at 21:35
CAN BOARD OF NOMINEE HOLD LIABLE A CHIEF OFFICER, FOR TRANSACTIONS DONE BY BANK PRIOR TO HIS JOINING BANK.
My friend Ex CEO of Bank C had joined the bank on 1.7.06 and resigned on 16.6.08
There was an arrangement between Bank A in Bhuj and Bank C in Rapar (both in kutch district of Gujarat) that cheques of Bank A , when presented by the account holders of Bank A, to Bank C, it should be honoured for payment after observing a formality of sending Fax to Bank A for confirming by Bank A that they have verified all the aspect of the cheque,including sufficiency of balance and genuineness of drawer’s signature. After verifying as above, Bank A will re-fax confirmation and then Bank C was will make payment. Bank C had opened an account in the name of Bank A, which was being debited by that amount, and at the end of the day, a statement also was being sent by Bank C to Bank A for reconciliation and affording credit to Bank C for all the entries.
During audit by auditors observed that following two entries, payment for which was made by Bank C but credit was not afforded by Bank A.
a) Entry dated 15.5.2006 for Rs.3,15,000/-
b) Entry dated 17.6.2006 for Rs.1,40,000/-
c) Entry dated 13.9.2006 for Rs 90,000/-
In this connection, Board of nominees,Rajkot, initiated actions and sent investigating officer and to submit report in the matter.
Thereafter, neither Bank C or Board of Nominee, sent any notice or communication and passed an order under Sec.93 of Guj.State.co-op.soc.Act.,1961, holding liable three persons viz.,,CEO, Chairman and Cashier/officer for loss incurred to Bank C., and instructed them to make payment of aggregate amount of Rs.5,45,000/-plus Rs.12,000/- being fees and cost towards investigation process.within a period of 30 days from the date of the order.
The communication of the above order was sent to Cashier/officer by Bank C, three days back per their letter dated 18.5.2018 (letter perported to be back dated by Bank C)
My friend Ex-CEO has not received any communication till date.
In this connection, entries in a) and b) are of the period when my friend Ex-CEO, had not joined bank.
As regards third entry c) , my friend Ex-CEO had observed all the formalities as per the arrangement framed by both the banks.
Thereafter, also, since the payment of Rs.90,000/- was not forthcoming from Bank A, Bank C, filed suit against Bank A (suit No.46/209 dtd 31.8.2009).
Under the circumstances, whether my friend Ex-CEO should approach Bank C, or directly approach Tribunal for quashing and setting aside or amending the judgement of Board of Nominees.
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Attrocities and occupation in d-form patta land
I have a land inherited from my grand father. I have two uncles and two aunts but only one aunt, my father and two uncles have their cut in the land. It is a d-form land. My father is paying taxes and my uncles are paying taxes. My elder uncle passed away and another uncle moved to another place and they are saying they sold their cut of land. It was sold to a pastor, whose son is now bullying us and pastor association person asked us to send our land too. How to face the issue. We reported the issue to IAS officer, sub-collector and MRO and all of them are supporting VRO who is the daughter of second elder uncle. She is having no knowledge about her job but she managed and secured VRO job and sub-collector in-turn threatening us that he will take action on us and take away the land back. The pastor is managing all the lawyers and stopped two lawyers filing case against them by us. What to do now? We still say that land belongs to our family members. please help. Let us know the GOs to fight this.