Civil Procedure Code (CPC)

21 May 2021 at 10:18

Family settlement

In a unregistered MOU of family settlement in respect to immovable property ,one of the clause/terms are none of the signatories can challenge or go to court.in respect to terms & conditions mentioned in the MOU. as it is binding on all signatories

Kindly advice is this condition binding on all signatories ? or it can be challenged in the Court of Law.


Answer now


Anonymous
17 May 2021 at 18:17

Regarding mesne profit

My late father had some self acquired property at my native place,including an agricultural land, he was worked in semi-govt. organization , after his retirement , we are facing financial problem, he got his pf and most of the amount spent on my sister's marriage, so, i need to leave my native place for earnings to survive my family, I worked in many states and gave the major part of my earnings to my father for running the house and other expenses for farming purpose, he use to tell me that he will return the money after reaping the crops but unfortunately he fails to earn profit from farming business and faces loss in it. after his death my elder brother's widow and younger brother are asking for their share in property, During that period I was working in private company and earning good salary obviously I have done all the expenses for his funeral and all other religious rituals, when I raise this point before my family members who are threatening me for give out their share from property I ask them to share the expenses I have done of my hard earned money but they kept quite and after some time again demand the share in property, when I went away for job my elder brother's widow and my younger brother sold the agricultural land to local land mafia without my knowledge and concern before that they has made some illegal changes in land record by giving bribe to revenue dept. staff and very small portion of agricultural land left for me on 7/12 land record. after knowing this I was shocked and went into deep depression followed by panic attacks my children were small and studying in the school I was helpless as nobody was there to stand for me, after recovering from illness I filed a civil suite for fraudulent transaction of property my land is illegally occupied by land mafia who is having political connection and threatening me that if I ever try to enter in my own land he will kill me, many times I visited Local police station lodge complaints but he manage the police. The mafia is taking cash crops in my land by using water of my well shall I get the mesne profit of my wrongfully occupied property and when ? Hope, I will get the prompt reply from the experts. Thanks & Regards,


Answer now

Dear Respected Sir,

I had won suite for money recovery in a cheating of property and also applied a caveate in high court. While I have not applied for decree execution yet as I am still tracing defendants correct address and property details to be used a attachment. Meanwhile defendant has raised an appeal.

I am seeking your advice and next steps help.

a) is it allowed that defendant can raise appeal while he has not paid any amount to the court including my court fee
b) As I have won the case with proof of prior case judgement and orders which defendant acknowledge during cross examination. Therefore what legal steps I need to take such that defendant dosent block do decree execution.

Thanks
Stephen


Answer now

05 December 2020 at 08:08

Property defination

What is meant by Ground floor? of residential property.does it mean only the constructed area. or it also includes the open area eg.lawn etc.


Answer now

I belong to OBC caste. I have purchased a non-agricultural land (143 order issued in 2003) from a General caste buyer in year 2008 in Kanpur, UP.That land was purchased by this General caste seller in year 2002 from chairman of a grih nirmaan samiti.
1. When I bought land in year 2008, I have taken previous duly registered registry copies and found that seller name was there. However there was no record of seller name on the revenue website (in khasra/khatoni). Further, there was nothing written in UP Bhulekh website also till I bought the land.
2. Suddenly, one day I was checking UP Bhulekh website in year 2020, I found something updated in records that… न्यायालय उप जिलाधिकारी /ज्वाइन्ट मैजिस्ट्रेट वाद संख्या …धारा 166/167जेड.ए.एल.आर.एक्ट सरकार बनाम .गृह निर्माण समिति लि.में पारित आदेश दिनांक 8.10.16 के अनुसार ग्राम ……. की खसरा संख्या 174 /0.198 ,175 /1.090 ,176/0.063 हे.कुल रकबा 1.351हे.में से अपना सम्पूर्ण अंश 1/3रकबा 0.4503हे.भूमि पर पूर्व पारित वाद संख्या 25/39/03-04 दिनांक 11.11.03 अन्तर्गत धारा 143जेड.ए.एल.आर.एक्ट निरस्त किया जाता है तथा विक्रेता ………..द्वारा क्रेता ………..के पक्ष में विक्रय पत्र दिनांक 27.12.02निष्पादित किया है को समस्त भार बन्धनों से मुक्त कर विक्रय की तिथि से राज्य सरकार में निहित किया जाता है।

Now, i am unable to understand what is this updates and what to do, Kindly advise me on above points.


Answer now

27 June 2020 at 18:58

Boja on gifted land

Dear Experts,
There's a land at Chalisgaon, Maharashtra. The owner (husband) of the land gifted (HIBA-NAMA) the property to wife as per Muslim Law.

The owner was having Quarry business in Mumbai. As per Tehsildar-Mumbai there was some royalty amount pending on the owner in respect to another land on which he was quarrying. The owner was also into construction business with 2 partners on a different land. The owner being a partner of the construction business, the Tehsildar issued notice to the construction firm.. And when the notice was issued to the Construction firm, the Collector, Jalgaon levied boja on the land at Chalisgaon which was gifted to the wife by the owner. The owner filed WRIT in the High Court, Bombay and is still pending. The owner averred before the High Court that the payment of the Royalty has already been paid and the Tehsildar Mumbai has the record of the same. The proofs of the same shall be produced in the pending case.

After the death of the Owner, the other legal heir started harassing the wife of the owner in respect to the said property. The wife approached the Court, the Court ordered Temporary injunction in favor of the wife. The wife approached Talathi to mutate her name in the 7/12 extract. The other legal heirs challenged the said notice and the matter went to the Mandal Adhikari. The Mandal Adhikari issued to order in favor of the other legal heirs, did not even considered the Courts order. The Mandal Adhikari verbally informed that main reason for rejection is the boja but he did not mention it in the order. If boja was the reason then the Mandal Adhikari should have mentioned it in the order, but he did not do so.
The reason he stated that as the dispute between the legal heirs in respect to the said land is pending in the Court, mutation cannot be done. During the proceeding, several judgments were cited wherein it was stated that mutation entry cannot be kept in abeyance even if the dispute is pending in the Civil Court. But the Mandal Adhikari over-looked.

The wife is on the verge of filing an Appeal with the SDO.

The false allegations and objections which were raised before the Mandal Adhikari by the other legal heirs were over-ruled and were not sustainable before the Chalisgaon Court.

Can SDO order his sub-ordinates to mutate the wife's name as there is a boja on the land of some other land and not the gifted land?
Any judgments in respect to the said case will be very helpful.

Respected Experts please help.

Regards,

Mohammed Rizwan Shaikh


Answer now

01 June 2020 at 20:13

Market rate of property

I have decided to sell my .self acquired residential property as per the present declared 2020 Circle rate
Situation is the buyer is willing to pay as per market rate .which is much less than the Official circle rate.
I am told that circle rate is always less than the prevailing market rate.I am not willing to sell less than the circle rate
Kindly advice ?


Answer now

19 October 2019 at 20:00

Gift deed

i have a registered gift deed in my favor pertaining to the resi dential property within municipality limits -- Now what is the next step i have to take with this document in hand?


Answer now

08 October 2019 at 09:31

Gift Deed to unmarried daughter

MY FATHER SELF EARNED PROPERTY GIFT TO HIS UNMARRIED DAUGHTER. AFTER THE DEED REGISTERED, MY FATHER PASSED AWAY (in 16months).Yet She can not changed house Tax, Electricity bill etc. What is her rights on that property. Family members ARE mother, one son, two daughters she can give that property to anyone


Answer now






×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x