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lawyers friend   30 December 2014 at 14:40

Adverse possession vs agreement executed

Hi Learned Law Experts,
We were staying in a property more than a century( year 1905) on the first floor , however in year Feb 2002 ,there was an agreement (duly notarized and witnessed )being done by the then Landlord (dead) with us ,which states that he will give us two flats on the third floor and also will also bear the costs of registration and other legal expenses.
On basis of that agreement we have left the first floor and the building was re-constructed up to third floor ,initially it was only ground plus one. We have moved to third floor in June 2002 and as per the agreement ,then landlord has given us two flats. Since then we are staying there in the capacity of owner by the virtue of the Agreement.
We have paid no rent sine 2002 and have all the government proofs( Electricity, Water bills, Telephone bills, Pan Card, Voter ID, Aadhar, LPG ,Kids School and DOB Certificates ,MCD House Tax receipts etc..) establishing our rights .
The issue here us that the Agreement was not executed as the Landlord kept us making fool that there is an Arbitration case going on the property in High Court hence till the case is solved ,he cannot do the Regisrty..we also believed as we were having relations with him / his family for more than a century. We also confirmed that a case was in proceedings in year 2004 .
However, now the landlord died in 2007 and his notorious son took a loan by mortgaging his flats and my flats in year 2009 ,2011 and 2013 Consecutively and became a willful defaulter, Bank got orders issues under SARFAESI to take the possession of my flats as the Landlord Son took a stay on his flat stating that my flats are sufficient to pay off the bank loan. The Order says that the "borrower will handover the possession to bank", however the possession is with us. Police, Court Receiver and Bank personnel are harassing us every now and then, we have provided them all our possession proofs including the Agreement ,still the tension is intact
He and Bank ,both filed a false affidavit in the court that the property is in physical possession of the borrower and no one else stays there.
Now, i need your expert advice to save my family and house from this problem and how can i get my Agreement executed/registered to establish myself as an Owner.
Someone says i should go for Adverse Possession as it has been more that 12 years we are staying with family in the flats and we can use the Agreement as an Evidence.. however some says this is not the right way and i should represent as a tenant.. Please advice whats remedies i have to establish my title and get relief.
This forum always gives right approach and right guidance, Your advice will be a life saver.

Ratan Kumar Banka   30 December 2014 at 14:39

Section 138 of ni act

Sir

Please clear that in case of private limited company if Cheque Bounced by bank due to insufficient fund director will be held liable or not and after that company had been
wound up by hon'ble high court please clear and suggest
Regrads

vishal.goenka   30 December 2014 at 14:34

Using two surname

hello sir, my query is can a girl after her marriage use 2 surname in any legal document & if yes what is the legal procedure to give effect to..............

Sagar Mundada   30 December 2014 at 14:15

Regarding relieving letter from privious company

Dear Expert,
Hello SIr,
I was working in my prvious company from 1 april 2014 to 30 nov 2014 and I have given my resignation Letter on 20 Nov2014.As per company policies I had to serve 15 days of notice period. But I had only serve 10 days of notice period. As there were my exzam from 2nd of december. I had asked my Mannager to extend my Notice period by 5 days but he told me that notice period can't be extended and two people are already on leave so we are not allowed to give you leave.but as there were my exzam I had abscond my self from the company.
after that I have agin given interviw in other company and got selected and they have also accpected my experiance of 8 months but at the time of verification I don't have reliving letter with me now they are asking for releving letter of my privious company but prvious company is not giving me releving letter as I have not serve full notice period.So what action do I need to take to get my reliving letter. As it is very much important for me.

kratika   30 December 2014 at 13:33

House tax and water tax

Does Temples or Ashram liable to pay House Tax, Water Tax?

Narsimha   30 December 2014 at 11:06

Land dispute

sir,
We have purchased a land from 2 different parties in our village in 2007. at that time we did't take any registered documents from them. we make deed in Rs.100/- Stamp paper only and registration was also not done. they have purchased this land from one person but they did't registered and make any agreement at that time. recently the brothers of the person who sold the land to above 2 persons were came and they said that this land belongs to them only. but in our village revenue record it is showing registered in my name ( it is registered by the officers on the basis of the Govt Order passed in 2011) Sir please Suggest wt legal implications....

haridasphand   30 December 2014 at 09:08

Opening the typing institute


Dear sir,

i want to register the typing institute in aurangabad maharastra.

so that related what the exact procedure to start the institute under goverment .

please guide me to start for the same.



thanks and regards

haridas

JAVED AFZAL   30 December 2014 at 09:05

Time limit for challanging the will

We have an ancestral house. Which has been divided by both of us ( brothers). We are in possession & living in our own portions.
(i) Testator From his share has given ½ share of his house property to his son. Remaining ½ share has been retained by him, it will go to his wife after his death.
(ii) We both brothers have a common piece of agriculture land. Testator From his own share of land has further divided it to his legal heirs.
After the death of testator , his legal heirs have got executed this part of the will in their own names i.e (Agriculture land) (Mutation of land).
But testator LR’s did not agree with the Ist(a) part of the will regarding division of house by both of brothers which took place in the life time of the testator .
Now Legal heirs of the pedestator after 6 years of will & death of pedestator have filed a suit in the Civil Court with the request that house which was divided by both of brothers in the life time of predestator be again divided by metes and bounds.
Pls gude me
1Whether the suit is maintainable after 6 years of the will and the death of pedestator.
2. Second part of the will i.e regarding agriculture land has been got executed by the Legal Heirs of pedestator, But First part of th e will i.e regarding division of the house has been challenged in the court. Whether only this part Can be challenged ?.It is a built up house we both live in and in possession of the house for the last 30 years. According to will both the houses has been got registered in Munciapal Committee records in the year 2008.They were know of the will from the first day.

sureshyeskay   30 December 2014 at 08:24

My elder disabled brother misbehaving with my younger brother's wife (i.e., sister-in-law)

Hi Sir/s, I am Suresh Kumar, a VRS retired Assistant Director of Horticulture (Tamil Nadu). Our family is suffering an ongoing property feud. My disabled (polio disabled person) brother is constantly misbehaving with my sister-in-law (unspeakable dirty words not tolerable by any woman) instead of facing legal course. Nobody is able to control him because of his weakness, i.e., disabled position and he uses his weakness to mentally molest the dignity of ladies in our family. Sir, my clarification: Is there any law to prosecute a physically disabled person for his wrongdoings against a woman? Thanks. Suresh Kumar (sureshyeskay@gmail.com)

Smita V   29 December 2014 at 23:51

Re: continued query of cheque bouncing

With reference to the previous query: http://www.lawyersclubindia.com/experts/Re-Cheque-bouncing-515061.asp#.VKGZ-eH4A..

Respected experts,
Thank You so much for your valuable guidance...I still wish to ask Ajay Sethi Sir 2 questions: 1)Sir, if I obtain a letter from that lady, how /what type of letter should it be? As in should it be like an affidavit/on a stamp paper or on some relevant letterhead? In short what kind of letter will hold water in the court Sir? 2)Could u also please tell me Sir, in short what exactly is "summary suit for recovery of money "..I also wish to thank Rajendra Goyal Sir and wish to ask: Sir, what exactly is the meaning of ur last clause: "You should get the payment documented, while receiving it."..Could u elaborate?..I also want to thank all the experts once again for their valuable time and help...Thank You so much once again..