usharavikumar
01 March 2015 at 12:42
My father re-married after my mother's death 30+ years ago. He has some property in Kerala and a flat and office in Mumbai. He had verbally mentioned all these years that his Kerala property would go to his wife and mumbai property would be for me and my sister. Both of us are married. Two years ago, he transferred his Kerala property in his wife's name. Now he intends to sell his office and move to Kerala at his wife's native place to settle with her. All his property is self-acquired. Is there any way we can stop him from selling his office/mumbai property? Or any other option we can do to safeguard the situation? My father is 77 years old and has only age-related memory issues. He is very much influenced by his wife, so talking it out with him is not going to serve any positive results.
Rohit Jain
01 March 2015 at 12:18
Dear All,
I have to file a complaint for dishonour of cheque in Mumbai and my lawyer has advised me that 2% court fees on cheque amount is required to be deposited for filing the complaint.
There is no such requirement in Delhi. Please clarify that whether the court fees is required to be paid in Mumbai?
Yeshwant
01 March 2015 at 11:55
Hi,
An civil suit was filed on a land against Party X. Case is going on.
Even though we filed Sale Deed objection, property was registered under Party X.
Now Party X wants to sell or transfer the property to Party Y.
Can you please let us know, how can we stop the sell or transfer of property as the case is still pending in the court.
Thanks and Regards,
Yeshwant Gupta.
ashok
01 March 2015 at 11:47
Sir, in May 2013 I have filled a c/c against a pvt Internet service provider in dustbin. Consumer Forum and the said complaint was not heard and rejected due to SC ruling. instead the forum directed the consumer to go for arbitration. On the above advice of dust forum, the consumer had filed appeal before App. Authority under reg. 9 of TRAI in Jan 2014, for 'arbitration' but I got no response from ibid authority.
Now recently I have read somewhere that GOI (Telecom Deptt has directed vide it's order do 4/2/2014 reg jurisdiction of dist forum of all states /UT against Telecom service providers
In case, the said order is got implemented, do I have right to reopen my previous c/c� please elaborate and advice accordingly. On this issue I have also posted my query in 2013 for expert advice in this column
shilpigarg
01 March 2015 at 11:30
We have a property in varanasi. Khatauni has been done in the name of my mother-in-law and her three sons. My mother-in-law has sold off her part leaving some of it. Now she has died. Before her death, my eldest brother-in-law has made her forcibly write her left part transferred to his name. Now we want the property to be equally distributed in three parts. Please suggest what we can do for the same in legal matter as you can see that the eldest one is quite cunning and the second one is no more. Pls help.
Yeshwant
01 March 2015 at 11:29
Hi,
An ancestor property belong to A, B, C, and D.
A is head of the family and B, C, D were child of A.
A and B Sold the ancestor property to party X in year 2011, which C and D were against.
After having arguments, A, C and D filed suit to cancel the Sale Deed.
Now, C wants to file Partition Deed on the land now. (2015)
Can C file partition deed on the sale Deed.
Note: Even after raising Sale Deed Object, the ownership of the land was transfeered to Party X.
Please advice, whether C and D can file partition deed separately now.
Thanks and Regards,
Yeshwant Gupta.
Yeshwant
01 March 2015 at 11:19
Hi,
Need your expert advice on Sale Deed - Objection.
In year 2011, ancestor property of A, B, C, D was sold by A and B to Party X.
C and D were against such sale. So they raised Objection the Sale Deed and filed suit in the Court (ghazipur, uttarpradesh).
Case is still going on. But, now the land ownership has been transferred to Party X.
Wanted to know, what is the use of Sale Deed Objection.
Thanks and Regards,
Yeshwant Gupta.
Anwaar Mohammed
01 March 2015 at 09:43
Hi my name is Faiz Mohideen.My grandfather settled his property measuring 3700sqft to his four sons. My father is his second son and rear portion of the property measuring 1026sqft of land along with superstructure 845sqft was settled to him in the year 2004 and the remaining portion were settled equally to his three brothers. My father settled the same to me in the year 2011. I am the absolute owner and in possession of the property since the day it was settled in my name.
This property has a common pathway 5 ft extends from 1st portion to 2nd portion's end then the common pathway becomes 8 ft in the 3rd portion and ends in the same and common pathway belongs only to 2nd,3rd and 4th (rear portion) portions only.
Problem or doubt lies only with the 3rd portion belonging to my fathers elder brother and 4th portion belonging to me.
In the 8ft common pathway which starts and ends in the 3rd portion, there exists staircase which leads to open terrace of 4th portion. It is pertinent to mention here that the access or entrance for 4th portion(my portion) exists only in the 3rd portion and it has been used as the entrance for the 4th portion(my portion) since 1990(by my grandfather then my father) to present(by me) and it measure's around 4 ft.
In 2012 my grandfather cancelled the settlement made in favour of my father's elder brother(3rd portion) by a revocation deed and settled the same to his daughter's son. So my fathers brother filed the suit and the case is pending before the Hon'ble High Court since 2012.
Yesterday my aunt's son in whose favour the 3rd portion is settled blocked my entrance by constructing a wall then I made objection. He made complaint to nearest police station and officers came to inspect the same. I have explained the facts to the officers and they have accepted the same.Then they partially cleared the entrance. As far as i know when the litigation is pending in the court, construction is not permissible.
Since 1990(since construction)the 4 ft entrance which exists in the 3rd portion is used as a entrance to the 4th portion and it is the only entrance to the 4th portion. My question is whether this comes under easement right? Whether I have got Adverse possesion over the entrance ?
If my question is not clear please let me know.
Member (Account Deleted)
01 March 2015 at 09:16
DEAR EXPERTS,
I HAVE GOT PRINCIPAL DISTRICT COURT ORDER 15 DAYS BEFORE TO CLAIM MY 1/5 SHARE BY PARTITION SUIT AGAINST MY COUSIN. PLEASE ADVICE FOR THE FOLLOWING MY QUERY.
1. HOW MANY DAYS AFTER COURT ORDER COME TO FORCE (EFFECT)?
2. CAN I CLAIM LAND PATTA CHANGE (IN V.A.OFFICE) BY THIS ORDER SUDDENLY OR WAIT FOR SOME DAYS ?
3. CAN I SALE TO THIRD PARTY IN MY 1/5 SHARE BY THIS COURT ORDER?
4. WILL NEED TO SUBMIT MY ORDER COPY TO SUB REGISTER OFFICE FOR REQUIRED CHANGES IN LAND RECORD?
5. CAN MY COUSIN TAKE ANY STAY ORDER IN HIGH COURT AGAINST MY COURT ORDER?
6. IF MY COUSIN GO APPEAL IN HIGH COURT AGAINST MY COURT ORDER, WILL AFFECT MY ORDER OR MAY OCCUR ANY PROBLEM CLAIM 1/5 SHARE IN THIS MOMENT?
7. IF MY COUSIN GO APPEAL IN HIGH COURT, HOW LONG IT WILL TAKE APPROXIMATELY TO DELIVER JUDGEMENT?
8. CAN I STOP MY COUSIN USING MY 1/5 SHARE LAND BY THIS COURT ORDER?
9. HAVE ANY RULE TO STOP MY COUSIN APPLY APPEAL IN HIGH COURT?
10. CAN I MOVE TO SURVEY MEASUREMENT BY THIS COURT ORDER IN MY 1/5 SHARE LAND?
THANKS ALL EXPERTS,
SUJATHA
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