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Mohan R   03 July 2016 at 18:13

Permanent and mandatory injunction

Dear Experts,
I understand there is a moratorium on all unauthorised construction in Delhi vide notification of the Delhi government till 31st December 2017. I seek the following information :-
1) Does this cover unauthorised constructions carried out earlier in DDA flats of Delhi.
2)In case of hindrance to any of the occupants of other flats, can they through a civil suit seek demolition orders from the court under permanent and mandatory injunction.
3) Such unauthorised constructions are meant to be those which are noncompoundable or cannot be regularised since they are not according to DDA rules and policies for additions/alterations or not conforming to MCD bye laws.
4) Any other information to support your answer.
Rgds
Mohan

DEEPAK DHAMEJA   03 July 2016 at 17:38

Harassment

I M WORKING WITH ADVOCATE SINCE 3-4 MONTHS I HAVE PAID ABOUT 3 LACS( FOR 10 APPLICATION) IN CASH FOR SHAAHUKARI LICENSE UNDER MAHARASHTRA STATE ACT.

BUT AT THE TIME OF GIVEN APPLICATION WITH ALL DOCUMENTS I WILL GIVE LICENSE WITH IN ONE MONTH AND PROMISE ME I WILL GIVE U A PERSON WHO WILL PAY RENT FOR PER LICENSE 7000-8000 PER MONTH.
3] HE SAID I WILL PERSONALLY INTRODUCE WITH THAT PERSONS.
BUT THREE MONTHS HAS PASSED AWAY I HAVENT RECEIVED ANY RECEIPT FOR THE SAME.
HE IS DEMANDING MORE AND MORE MONEY FOR LICENSES .

4} MANY TIMES HE HAVE HARASSED ME THAT I WILL INFORM CENTRAL POLICE IF U HAVE NOT GIVEN MORE MONEY .

5] FALSELY ALLEGED THAT U R DOING ILLEGAL BUSINESS AND FORGED ME AND U WILL GO TO JAIL FOR 10-15 DAYS

6] WE HAVE ALL VIOCE RECORDINGS OF THIS PERSON

PLS GIVE US LEGAL OPINION
THANKS IN ADVANCE

Kumar Krishan Agarwal Advocate   03 July 2016 at 16:57

How to take against trespassers in civil proceedings?

Dear Ld Friends!

The Property is located in Uttar Pardesh and here the U.P Urban Building (Regulation of Letting, Rent & Eviction) Act 1972 is applicable in between landlord and tenants although the trespassers are not tenant definition comes and this Act might be not as helpful I exclusively think after I read its provision.

That we are the legal heirs/coparceners of the Hindu Ancestral property and have 70% occupied space we have in between coparceners control. THat for 100% property premises a partition suit is pending in between coparceners to decide before Civil Judge. That rest 30% was occupied illegally by the trespassers/Rank-trespassers forcefully when we were minor and have not known about this trespass occurred how. That No rent was taken, no document was executed in favor of trespassers by us. That the unlawful possession of trespassers are of 5-10 years old.

That the trespassers are not ready to go and denying our coparceners rights also that we are the legal heirs of the property and adamant on their motive to remain always on said property always and do illegal occupation and further trespassing on property and creating weekly nuisance to us time after time and month after month.

Q1. That we want to evict the said trespassers one by one and for this in which necessary legal sections of law we may file any Application or petition against trespassers in Indian law.?

Q2. That how the 30% property be vacated and released and evicted from the trespassers control?

Q3. What the Court fee we have to give on application and petition filed against trespassers.? if not know about Uttar Pardesh tell the Requisite Court fee according to your State and in which Para of Court Fee Act 1870 these things mentioned so that I may search for in my state column.?

Q4. What are the other legal necessary steps we will take so that one day trespassers may get out from our 30% property premises with the due process of law.?

Vishal   03 July 2016 at 16:20

GST

Sir's can you please suggest me some remedies to settle past tax dispute before GST is implemented.

Shivika Jain   03 July 2016 at 16:08

My mother wants to end partnership in firm

My mother, age 58 years is diabetic and not keeping well.She wants to withdraw all her money from our family firm.My youngest uncle who lives in a different city looks after our family business is not willing to give the money. Kindly suggest what could be done at the earliest

Prashant   03 July 2016 at 14:50

Applicability to apply for General post

Respected All,
I want to know can a SC or ST candidate can apply for general post........
For example
If for particular post the % required is 55% however as per govt rule the percentage for such post is 50% required to apply for SC and ST candidate along with rebate in exam fee if post declared reserved for SC or ST candidate.
Now my question is that can a reserved category candidate apply for post reserved for general category candidate. Even he secured 50% and eligiblity for such general post is 55%.
Recently one of my friend applied for such post and he received admit card from such organization.

Please enlighten me.

sanjay hariram MASAND   03 July 2016 at 14:15

Memorandum is issued by government of the central provinces and berar survey and settlement settleme

1)what is the meaning of the word “memorandum”as per government of central provinces and berar survey and settlement department in the year 1945.what is the difference the word “lease deed”and “memorandum”whether by way a copy of memorandum a land may be granted by any government
2)what will be the legal effect of the word “memorandum”instead of lease deed.
3)when the land is granted to a society for agriculture purposes only and period is not mentioned in the memorandum(lease deed)than what is the effect of section 106 of transfer of property act in the said condition.what will be the period for memorandum(lease deed) one year?the owner of land is government.
4)if the lease deed is not renewl from its existence (from the beginning )what will its effect on that lease deed .suppose no government officer issue any notice or order for renewl what is its leagal effect on that lease .
5)some conditios are violated and there are some breach of conditions mentioned in the memorandum(lease)what will be the effect of that breach of conditions if no action is taken by any lessor(government)and it is not in the knowledge of lessor.
6)land is vacant till today from 70 years .what is law of land of disposal rules or act in this connection .
7)ex.minister of Maharashtra” shri eknathrao khadse”obtained the land in disposal rules whether that rules will applicable in the said case.
8)whether secretary of the govt.central land berar survey and settlement department is authorized to grant the land at the time of british government in the year 1945.
9)the land is granted to a school.that school is run by a society .society have so many another schools and colleges .the land is granted to a particular school and there is a condition in the memorandum(lease) that school can not transfer any right to anyone without the permission of the government.that school gave some land to another schools and colleges without the permission of the government .though another schools and colleges are also run by same society.whether it is permissible or not.if a government land is grant to a specific school and school without obtaining the permission of the govt.gave it to other schools and colleges .what is its legal effect.
10)if the school is registered after the memorandum (lease)what will its legal effect on the said lease deed.

sanjay hariram MASAND   03 July 2016 at 14:13

Memorandum is issued by government of the central provinces and berar survey and settlement settleme

1)the land is alloted to a society for agriculture purposes only in the year 1945 and period is not mentioned in the memorandum(lease deed)than what is the effect of section 106 of transfer of property act in the said condition.what will be the period for allotment of land one year?the owner of land is government.the land was alloted by the central provinceand berar government.
2) the lease deed is not renewl from its existence (from the beginning )what will its effect on that lease deed . no government officer issue any notice or order for renewl what is its leagal effect on that lease .
3)some conditios are violated and there are some breach of conditions mentioned in the memorandum(lease)what will be the effect of that breach of conditions if no action is taken by any lessor(government)and it is not in the knowledge of lessor.
4)land is vacant till today from 70 years .what is law of land of disposal rules or act in this connection .
5)the land is granted to a school.that school is run by a society .society have so many another schools and colleges .the land is granted to a particular school and there is a condition in the memorandum(lease) that school can not transfer any right to anyone without the permission of the government.that school gave some land to another schools and colleges which are run by same society without the permission of the government .whether it is permissible or not.if a government land is grant to a specific school and school without obtaining the permission of the govt.gave it to other schools and colleges .what is its legal effect.
6)if the school is registered after the memorandum (lease)what will its legal effect on the said lease deed.
7)whether society have any right on the said vacant land when lease deed is not nenewl.
8)what laws were made in the year 1950 about proprietory right of land in madhya pradesh.
9)at present land is a part of maharashtra .what is rule of land disposal when land is not cultivated.

Natasha Prakash Bankeshwar   03 July 2016 at 12:40

Right of way vis-a-vis possible claim of adverse inference

A Builder and Developer are developing a plot of land at Mumbai which is owned by a neighbor of the Co-operative Housing Society of which I am a member. The said Builder and Developer have now submitted a proposal to the said Housing Society for a right of way in perpetuity across the Land, owned by the said Housing Society, for ingress and egress of the members of the Buildings to be constructed by them and they have also offered to pay some consideration amount to the said Housing Society by way of compensation. Kindly guide / advise me as to what necessary steps are required to be taken by the said Housing Society: (1) to safeguard the interests of its members, (2) to ensure that the ownership title of the Land in question continues to remain with the said Housing Society and no future claim of adverse possession is possible and (3) any other step or steps in the interest of the said Housing Society and its members. Warm regards, Natasha Bankeshwar.