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Mohamed Ali   14 April 2017 at 23:05

Order 2 rule 2 cpc / resjudicata

Dear All,

A Muslim partition suit was decreed in 1980, with particular shares declared for plaintiffs and defedants, it had 2 types of properties town and revenue,Final decree proceedings were filed, for town properties a muncipal commisioner was appointed to divide it by metes and bound as per decree and the parties accepted the commisioner report and execution proceeding were completed and parties were put in possession of their share in 1993 and town properties were finally settled once for all and the Khata is also in joint names of heirs of decree holders, many parties sold the properties alloted to their share,but for the other part of decree with respect to revenue properties the FDP is still pending.

In case of one of the decree holder there was a dispute regarding sharing of town properties among the legal heirs of deceased ancestor, they filed an application the FDP court, but court refused to decide the application saying fdp court will not decide about share of decree holders heirs,
hence parties filed a separate suit for interse partition of legal heirs of deceased ancestor(decree holder) by including only town properties in schedule which have attained finality in 1993, as the other part of decree for revenue properties have not yet attained finality and the parties are yet to be put in possesion..

Does suit is bar by Order 2 rule cpc and

if in future plaintiffs have to file one more suit, after revenue properties were settled finally to divide them, will that suit will attract resjudicata.

Order 2 rule 2 CPC will not come in way of partition suit as parties are not intentionally leaving the revenue properties from plaint as they are not yet settled finally

Thanks and Regards

petra elizabeth chithra   14 April 2017 at 22:43

nomination in accounts

My father and mother lived separately from 1981 . My father died recently without a will. From his friends I have found his account numbers on various banks on Madurai city, tamilnadu, India. My mother is the nominee for all his accounts. All the passbook is under the custody of my dad's brother. How can my mother claim his finances. I have a brother who is an NRI

naveen mehta   14 April 2017 at 22:09

Selling ancestral property

I have a property of about 0.45 acres (approximately 19000 sq feet) i want to sell it to 8-9 people each of about 1500 sq feet do I require any coloniser registration ao i can directy sell it as it is less than 1/2 acres kindly answer me

Shaukat   14 April 2017 at 21:44

Second marriage of state govf dsilywager

I am a state govt dailywager I have send divorse to my wife by speed post but she refused my divorse deed also register a domestic violence case in district court .can i marry to second wonan i am a muslim

HADMATA   14 April 2017 at 21:37

Property gift

My father gifted 50% property to my younger brother without permission me.
-we are three brothers
-property was parental
can i challenge or revoke this gift deed?

harshit   14 April 2017 at 14:41

Evedence -in-chief in 125 crpc along with supporting documents

Dear expert,

My case (husband) is on the stage of evidence -in-chief in 125 crpc. Now I have to submit my Evidence on affidavit.
My question is that can i submit/attach the supporting documents as annexure along with this evidence(gawahi/Sachhya).

My lawyer told me you can submit/annex whatever you have documents.
But my other lawyer told me you can not submit!!!!!because there is documentry evidence act which you have to follow. But I could not under stand.
Kindly advice me and suggest. Beacause I have lot of documents to prove the denay or reduce the maintenance for my spose (divorced but 125 crpc still pending).

M NARASIMHULU   14 April 2017 at 13:29

Abbreviated surnames

For abbreviated surnames is necessary to take gazzetta affidavit in India?

pushpakrishna   14 April 2017 at 12:02

Bar Council. of india case

Dear experts
In the last year state bar councils send their bars to apply for issuance of certificate of practice along with a process fee of rs 250/ -but with penalty up to 30.06.2017.
But the bar council of A.Pnot accepting when I went to pay the same along with the copies of the certificates staying as the case is pending before the supreme court and hence not accepting. But they have accepted up to November 2016.
Kindly let us know the details of the same.
Thank you experts in advance.

SANTTHOSH SHETTY   14 April 2017 at 11:41

Precautions to be taken while taking over of society management

I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. Old society as it is will continue and their MC members. Society MC term was expired in Jan 2016 still continuing without election or new committee.
Now New flat purchasers approached registrar for membership & Election is going to happen in next month or soon. few of the old members are already filed complaint with registrar for redevelopment irregularities.Legal notices already been served and no revert given by the management committee. These old members may go for court case near future.
in this scenario what precaution the newly to be elected committee should take before taking charge of the society management. Kindly suggest.

Dinesh Kandpal   14 April 2017 at 11:34

Rights of bonafide owner

Hello sir, Is a flat purchaser secured by way of registered agreement with full consideration paid to builder and in possession of a flat, wherein now another person has claimed that builder had offered / allotted the same flat 20 years back, also paid money but agreement was never done? Can the previous so called buyer drag the bonafide owner in his dispute with the builder? Pls guide. Regards Dinesh