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Mark   08 June 2014 at 20:49

House registration papers

Hello,

Our house registration papers had my name wrong on it, so my mother gave it to my uncle to change the name. Its been over a year now and he still hasn't returned them. He keeps avoiding the topic. I am afraid he has misused it in some manner. Is it possible that he can take advantage in any way? Like submit papers against a loan or something like that? Please help..

ts   08 June 2014 at 20:42

Letter of admin.

My father and uncle got a probate order from the court in 1998 which stated that they were entitled to Letter of Administration in respect of Will with subject to furnishing the following -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."

My father and uncle did not fulfill any of the above said conditions laid down by the court regarding the Letter of Admin. as they were not in good terms.

Now 21 years have passed by -

1.Is the probate order still valid and can it come into force after the conditions laid down in the order be fulfilled.

2. Can we the legal heirs of our father alone without the legal heirs of our uncle approach the court to initiate the Letter of Admin.

3.Can this order be revoked by the courts in any conditions i.e. due to time barred limitations. or any other reasons.

4. If a property is sold before the obtaining of the Letter of Admin. will it be a valid transaction.

5. If the power of attorney be given regarding any property mentioned in the assets of the will it be considered a legal act.



Thanks ...

vikas   08 June 2014 at 20:14

Leave and license agreement

Dear sir,
Referring to my earlier query in this regard I wish to know that is creating a Leave and License agreement valid under UP Urban Buildings ACT 1972? What are the sections which describe the eviction of tenant from the premises in case of default. As per a cursory glance, the above mentioned ACT does not mention about Leave and License agreement , it only mentions about Rent agreement. Kindly solve my query

naveenraj jain   08 June 2014 at 20:11

Schedule of property

myself bought a DC converted site in bangalore through a registered sale deed in 2001 and paid up-to-date taxes to concerned departments.
the seller had converted land from agriculture use to residential use for 'A' place and unapproved layout plan made mentioning 'B' place. i do not know whether it was intentional. In my sale deed schedule it is mentioned 'B' place but the conversion order number is mentioned in the sale deed.
problem arose when i wanted to build my house the seller son stopped and asked me to build my house in 'B' place which is non exisent.
an advice will be grateful.
thanks in advance.
reg naveenraj

chan   08 June 2014 at 20:02

Case of swindle and fraud - need help urgently

High Level Background:

In a recent incident a senior citizen and her associated relatives realized that they have been swindled by a driver employed by the senior citizen to the tune of 30 lacs in gold and cash. The entire episode lasted for 2 and 1/2 years.

The driver used a God Man in order to coerce mainly the women folk by invoking fear. Gold and cash were handed to them during the entire span in return for various boons.

70 % of the total cash given was always deposited in the drivers bank account during the entire span.

Land purchase was also done through them which turned out to be completely fake as per the government land records.

It seems that the modus operation was executed by highly professional people in the backend and the driver was a conduit between them and the victims.

Steps taken:
1. When the senior citizen tried to apply for a FIR in the local police station the Officer in Charge refused to file it due to the reason cited that there is no first hand evidence of cash and gold given to him.
2. Services of a criminal lawyer has not been taken yet

Queries:
1. In this sort of incident what is the overall success rate in terms of justice being delivered ?
2. Under what conditions shall the Police file an FIR ?
3. Is this a non-cognizable offence ?
4. A list of top criminal lawyers in Balasore, Odisha

Manas   08 June 2014 at 19:49

Licencee is neither the true owner nor in adverse possession

A commercial plot ‘Y’ of size 1800 sqft was leased to my maternal grandfather ‘M’, for 3 renewable terms of 33 years each, by the state of UP in the year 1956. The first lease term of 33 years ended in the year 1989. Thereafter it was not renewed, by the state. The plot was/is used for commercial as well as residential purpose.

In early 1970s M brought his brother N to stay in a portion of the said plot, as N incurred huge loss in his business and therefore N had to sell his house? N passed away in mid-1970’s. After which his wife and son continued to stay in the said portion. Now his grandson ‘B’ resides in the same and holds an electricity and water connection on his (father/grandfather) name, at the said address. B’s father passed away in 2009-10.

In the year 1979, B’s father somehow managed to get the house-tax of half the plot onto B’s grandmother name. This when came in notice of M, was challenged in 1989 and the error was rectified by the municipality. My maternal-grandfather M passed away in 2010, after which the house tax of the said plot got transferred to my maternal-grandmother(‘A’)’s name.

As per the nazul policy of the state, A applied for the freehold of the entire 1800 sq ft plot, in march 2012 B raised his objection to the District Magistrate (DM) against the freehold of the full plot. Arguing that he and his family stays in half of the said plot.

Now in march 2014, B has applied for the freehold of his portion of plot. He claims that in 1977 M made a partition-deed with B’s grandmother, in which M gave half of the plot to B’s grandmother. So, B now claims to be a legal-hier on the basis of which he applies for the freehold.

This partition-deed is on a plain paper and was never executed in any govt. office. (other than in municipality in 1979, which was reversed when objected in 1989).

From our point-of-view he is a licensee. The DM asked us to prove that he is a licensee and his possession is not adverse. Urgently need some references in support of this.

naveenraj jain   08 June 2014 at 19:43

Agreement of sale

i have purchased a property under sale agreement in 2007 and paid full sale consideration on various dates and built a compound wall and taken electricity for watchman shed. due to state govt restriction registration was stopped and not yet opened for this type of land ( revenue pocket) in bangalore. now the previous owner has issued a legal notice that my agreement is cancelled
stating that we have cheated them and it has expired for three years. also he has made a police complaint against me for trespassing.
sirs i have made payments by cash. last payments was made in july 2013.
kindly advice me into my rights.

Neeraj Kaushal   08 June 2014 at 19:34

Notice u/s 106 of tpa

Respected seniors,
Actually i want to send notice U/s 106 of TPA against Gram Panchayat , as per section 193 of Panchayati Raj Act , if you want to file case against Panchayat notice U/s 80 CPC is mandatory . My problem is that according to section 106 time period is 15 days and as per section 80 of CPC time period is two months . how much time i can mention in my notice for eviction.

gaurav   08 June 2014 at 19:06

Non payment of rent and non vacating the flat

Dear Sir

I have given rent my residential flat on 11 months leave and license agreement. As per agreement I have to give one month notice to vacate the flat. All the cheques are bounced since 10 months. For last few cheques I have given notice under the bounced cheque case. However I want to vacate the flat immediately. 11 Month agreement is also finished 15 days before. Can i put my lock in the flat after giving 3 days notice? what else option is available to me, kindly let me know

thanks & regards