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.
Anonymous
23 July 2018 at 21:20
अंतर्गत धारा 143 एवं 164 जेड0ए0 एल0आर0एक्टः-
रेहननामें के आधार पर भूमि के मालिक द्वारा क्रमशः 3 नम्बरो पर कब्जा व मालिकाना हक 1966 में हमारे पिता जी को दे दिया गया था, रेहननामें में दो लोगों को गवाह भी बनाया गया था। 1989 में भूमि के पूर्व मालिक की मृत्यु के पश्चात उनके पुत्रों द्वारा 1993 में मालिकाना हक के लिए मुकदमा दायर कर दिया गया, जिसमें 1993 में सुलहनामे के आधार पर पुनः भूमि पर स्वामित्व हमारा माना गया। सुलह नामें में हमें एक नम्बर पर अपना स्वत्व रखते हुए दो नम्बरों पर अपना अधिकार छोडने की शर्त रखी गयी। जिसे हमारे पिता द्वारा मान लिया गया। तत्पश्चात प्रतिपक्षी द्वारा पुनः 1994 में मुकदमा दायर किया गया और 1995 में पुनः सुलहनामें में भूमि पर हमारा स्वत्व स्वीकार किया। 1995 में पुनः पूर्व भूमालिक के पुत्रों में से एक के पुत्र अर्थात पौत्र ने एक अपंजीकृत वसीयत के आधार पर अपील किया कि उसके दादा ने उसे उक्त विवादित नम्बर को उसे वसीयत किया है। जिस पर पुनः 1998 में अदालत द्वारा आदेश पारित करते हुए पुनः हमारा स्वामित्व स्वीकार किया और प्रतिपक्षी की अपील खारिज करते हुए हमारी प्रापर्टी पर प्रतिपक्षी द्वारा किसी प्रकार का हस्तक्षेप न करने का आदेश पारित किया । कोर्ट द्वारा हमारे पक्ष में इंजक्शन स्यूट //स्थायी निषेधाज्ञा// और इजरा का आदेश भी किया जा चुका है।
प्रतिवादी द्वारा पुनः तजबीजशानी प्रार्थना पत्र 2008 में विलम्ब से दाखिल करते हुए सबूतों एवं रूलिंग की समस्त प्रतियों को हमारी पत्रावली से गायब करवा दिया गया और बिना हमारा पक्ष सुने कोर्ट द्वारा 1998 के आदेश को निरस्त करते हुए तजबीजशानी प्रार्थना पत्र को स्वीकार कर लिया गया। तत्पश्चात हमारे द्वारा राजस्व परिषद इलाहाबाद में अपील किया गया जिसमें अदालत द्वारा प्रतिपक्षी की तजबीजशानी अपील को कालवाधित मानते हुए और गुण दोषों के आधार पर हमारे पक्ष में निर्णय देते हुए 1998 का आदेश जो हमारे पक्ष में था पुनः कायम कर दिया गया ।
प्रतिपक्षी द्वारा पुनः हाईकोर्ट में अपील कर उक्त आदेश पर स्टेटस को ले लिया गया है।
अब हमारे द्वारा इसमें क्या कार्यवाही किया जाना चाहिए? मार्गदर्शन करें ।
meghana
23 July 2018 at 21:12
i am a working woman, i and my husband co-own a flat. i am not paying the EMI for the house only my husband is paying the EMI. i am not contributing financially in any way.
and now if the house is sold, will i get half of the proceeds or i will get back only my investment in the house ?
rakesh mittal
23 July 2018 at 20:46
Sir,
the apyment cheque will be refunds after case 138 is sure. beacuse paid the stamp duty for file case and adovate with refunds or only cheque amount
SHYAMSUNDER BUBNA
23 July 2018 at 20:45
Whether Nominee of any party must be individuals and not the Corporate Body. Nominee a person in whose name title to real estate or ownership of stock is held but who is not the actual proprietor or holder.
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Name change in half of my documents
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.