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ketan shah   02 November 2020 at 09:11

Stay order on decree passed by trail court

Respected Sirs,
I had filed a civil suit on one of my tenants in Small causes court in 2009 and the Decree was passed in my favor in 2016.
Tenant filed an appeal in the appeal court in 2016 and was granted stay for not execution of the decree.
Recently there is a judgement passed by Supreme court saying that what ever stay orders are passed by the Appeal or High court prior to 2018 in orders passed by lower courts will not be effective for more than 6 months.
I would like to know wether in my case the stay on Decree execution which is more then 4 years can be vacated.
Thanking you in advance

Vivek Singh   02 November 2020 at 01:04

I have a doubt regarding partnership property

Hello dear EXPERTS,
I have one question,

We are buying land for business purposes and the land belongs to a partnership firm.

FACTS ARE:-

In 1985 - 3 partners Partner A, Partner B, and Partner C formed a PARTNERSHIP FIRM and brought land in the name of Partnership Firm by (Registered Sale deed executed by PARTNER A).

In 2004 - All Partners signed a dissolution deed and transferred all the assets in the name of PARTNER A

NOW ALL PARTNERS RETIRED AND PARTNERSHIP FIRM HAS ONE PARTNER ONLY ( I e PARTNER A with all assets of firm)

NO SALE DEED IS DONE BY Partner A in favor of any other partner


In 2005 - PARTNER A made a new partnership deed with the same name and same business with New Partner D and New Partner E
( As per new partnership deed, No land is put in stock by PARTNER A as his capital )

In 2006 - PARTNER A retired from Partnership firm leaving New Partner D and New Partner E

My Questions are:-

1. THE LAND BELONGS TO WHOME NOW ( PARTNER A) or New Partner D & E?

2. TO PURCHASE THIS PROPERTY REGISTERED SALE DEED IS required with stamp duty or PARTNERSHIP deed is enough without stamp duty?

P.S. I am dealing with PARTNER A to purchase the property, want to make sure that I am dealing with the right person.

Please help in clearing my doubt.






VASHDEV ADNANI   01 November 2020 at 21:30

Seperation

I have left my home, due to harassments by wife, whom I have Left 17 Seventeen Years back i.e. 2003,
Leaving behind everything, Residential & Properties including Jewelry. Only son is well settled, living with Mother. I am settled living with a female Partner i.e. living relationship.
Today, I am 71 Years. Presently, We all are living happy in our own life.
Can I Legally, Transfer by way of Nominee/ Gift deed/ Will/ etc. My Present Properties in my female Partner i.e. living Relationship, who has Supported me in every Difficult Time.
Thank You and Regards.

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

CHANDRAPRAKASH AWASTHI   01 November 2020 at 21:19

Imla malak rights

My Grand Father was a Imla malak on a lease hold land.
On which he has constructed a chawl in 1960. After his death in around in 1967 my father & his three brother became (legal heirs) entered their names as imla malak in the property card.
Also all the four brothers developed a four storey building in1975.
In 1992 my father purchased the same plot in public auction on as it is were it is basis & became single owner of the plot. At present as legal heirs we have entered our names in property card.

Now my question is that CAN ANYONE FROM UNCLES FAMILY FROM CLAIM FOR THERE IMLA MALAK RIGHTS IN THE PROPERTY ???

denis   01 November 2020 at 20:11

For 2nd marriage

My brother wife is not staying with him last 4 years. He has one son. She is staying with her parents' own house. Now brother staying is single. He tried many times wife return to the home but she doesn't want to come with him. Now my brother wants to settle into marriage life and his wife neither diverse nor return. So he wants to do the second marriage. Without diverse he can do 2nd marriage .. Kindly advise

Chirag S. Raval   01 November 2020 at 16:18

Correction in plot number

Dear concern I would request you to please help me to resolve the below query . My actual plot number is 618A / 1 since 1992 and also as per electricity bill , municipal property tax bill it's also same since 30 years and take loan with same in all records but in 2010 around I have sold out property with all cleared docs to buyer ,no issue happen in legal docs ,but we got call from buyer after 10 years now to rectify the plot number due to he want to sell this property and bank has done some verification and found mismatch it's actually A 2 instead of A 1.. and we are ready to do this rectification . But I want to understand is this now our responsibility? Also what is easy way to clear this . We have all proof for old plot number and if it's showing different in record then why municipality , electricity's authority has not rectified in their record since 30 years .. Also want to understand is their is legal case will happen for me ??? Because that guy doing mentally harassment with my family because he don't want to bear the cost for rectification.. Please advice

Anonymous   01 November 2020 at 16:06

Mismatch in plot number found after sell the property

Dear concern

I would request you to please help me to resolve the below query .
My actual plot number is 618A / 1 since 1992 and also as per electricity bill , municipal property tax bill it's also same since 30 years and take loan with same in all records but in 2010 around I have sold out property with all cleared docs to buyer ,no issue happen in legal docs ,but we got call from buyer after 10 years now to rectify the plot number due to he want to sell this property and bank has done some verification and found mismatch it's actually A 2 instead of A 1.. and we are ready to do this rectification . But I want to understand is this now our responsibility? Also what is easy way to clear this . We have all proof for old plot number and if it's showing different in record then why municipality , electricity's authority has not rectified in their record since 30 years ..
Also want to understand is their is legal case will happen for me ??? Because that guy doing mentally harassment with my family because he don't want to bear the cost for rectification..

Please advice

Anonymous   01 November 2020 at 12:20

Commodity trading while studying llb(3years)

Dear All,

I have enrolled for LLB(3years).

Can I do trading while doing my LLB course? I know that I should not be employed. But I believe trading is considered as a business. To be precise, I intend to do commodity business while studying.

I will also be attending the classes.

Please advice.
Best Regards,
SR

Anonymous   01 November 2020 at 11:41

Rights of a daughter

Both my parents are no more today. I have a brother who has all my father's assets and valuables. As a daughter I at least want a share in my mother's jewellery which my brother is not in a mood to share. The flats he owns are in his name n my mother as the second joint holder. In case he wants to sell these flats in future would he require a No objection from me? Please advise. Thanks🙏

Varun Juneja   01 November 2020 at 09:07

Release of rights in case of underconstruction property

Background :
2 co-applicants Son and Mother in Builder buyer agreement. Second co-applicant ie mother expires without will. The surviving heirs (as per surviving member certificate issued) are okay to transfer the rights to the first co-applicant ie the Son who is the first coapplicant.

Question:
1) Since this is not an existing property - a registered relinquishment deed cant be done. ( The sub registrar insists it has to be a registered property to do a relinquishment). Does a simple agreement between the legal heirs and the first co-applicant suffice or needs anything else to bind this.

2) Please answer for property in Gurgaon, though the property developer and all applicants and legal heirs reside in Delhi.