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Queries Participated

naveenraj jain   24 May 2018 at 21:24

Sale agreement

Respected Experts
A sale agreement wherein certain advance amount was paid to the vendor and the remaining consideration was agreed to be paid at the time of registration. time fixed was 6 months. during this period the property was subject to litigation between the family members of the vendor. the intimation about the litigation was given to the purchaser. to avoid multiplicity of cases the vendor offered to refund the amount and subsequently cancel the agreement to which the purchaser agreed. the advance amount was repaid by way of demand drafts and the original sale agreement was with the purchaser. he had agreed to destroy them. this cancellation took place before the time limit i.e., 6 months.
but the purchaser even after collecting the entire amount had filed a case for specific performance in the civil court on the last day of completion of three years of the date of sale agreement.
the honorable court disposed the case by finding that the purchaser had indeed received the advance amount by way of DD. and bank entries of the purchaser also reflects the same.
now the purchaser has filed an appeal in the high court and the same is pending for judgment.
my query is do the case have merits?

naveenraj jain   25 October 2017 at 20:56

Cheque repayment

Respected Sir.
I have made payments to one of my friend by way of cash during March 2017 of Rs. 350000 and I was promised that the amount would be returned to me after three months. After three months of time my friend had sort for more time to repay and issued me a cheque of his account for a later date. That date the cheque was presented to the bank and was bounced for want of funds into that account.
Now my question if I have to issue him a legal notice does the amount of above 20000 paid in cash affect my case (if filed)
Or shall it hold good in the court. Kindly enlighten

naveenraj jain   02 October 2015 at 20:53

who owns the property

Landlord sold one property by sale agreement and recd whole amount and delivered possession then filed a suit for partiton making agreement holders as party. The suit was dismissed with finding that the property is no longer available for partition since it is sold to agreement holders herein. During the trial agreement holder statement said he had sold the entire property to prospective purchasers. During the pendency of the case all the purchasers fearing litigation demanded their amount back. Which was done so by the agreement holder.
Now someone has tried to encroach a part of property stating that the landlord has sold him the property. When an injunction suit was filed by the agreement holder in the civil court the defendant in the injunction suit argued that the agreement holder has sold the entire land and as such he does not have any hold over the property. My humble request is whether the agreement holder need to show the court the documents which are taken back. Kindly help

naveenraj jain   18 September 2015 at 13:45

property aquired for layout formation

Sirs
In 1968 my friends father purchased two revenue sites in Bangalore. In the year 1972 BDA an agency of govt. aquired the sites for formation of layout and till today the BDA has not compensated nor given any alternate site even after repeated communication. BDA in their letters have said that alternate land cannot be given and has awarded a paltry 23280 as award amount that too deposited in courts. My friends father was in India. Air force when he purchased these sites. He expired in 2011 bedridden for almost two years. He had everyday visited the office of the BDA for his grievances but died without any result. Now my friend wants to know whether it is prudent to continue for the claim

naveenraj jain   12 September 2015 at 14:40

GPA and Affidavit of sale of site

Respected sirs,
Regarding one site formed out of 9 sites. The owner of the property who carved the layout is since dead. The site formed in the layout was sold to Nirmal by way of notarized GPA and affidavit of sale wherein it is mentioned that the executor owner has received the entire sale consideration amount. Nirmal has than applied for change in name of khata ( mutation). Based on the khata nirmal has paid up-to-date taxes to the corporation. The problem now is in the documents of nirmal GPA schedule of the property it is mentioned as A village whereas in actual it is B village. Now when nirmal went to build compound wall the sons of the owner resisted and stopped the work. Kindly help

naveenraj jain   30 August 2015 at 10:03

Spot inspection and survey by tahsildhar

Respected Sirs/Madams
A Report on spot inspection of a property (without any witness or giving notice to owners) submitted to the Assistant Commissioner. The report contains false statements and contrary to the facts at ground level. The point of concern is whether such submitted report and sketch is valid when the survey was done without any witness or anybody present. Is the report and sketch challenged in the assistant commissioner office.
Kindly help

naveenraj jain   09 August 2015 at 12:00

vacating illegal occupants

Respected sir/madam,
A property in dispute for over 20years concluded with decree in favour of defendants. The plaintiff's during the trial issued GPA unregistered to few portions of the land to different persons. These people have built temporary sheds in the property and taken electricity and water connections from the respective agencies for past 15 years. Now since the dispute is settled and even after advising them about the court order the GPA holders are adamant to vacate the place. These GPA holder were not parties to the suit. What remedy is available to the defendant to vacate such squatters.

naveenraj jain   02 August 2015 at 23:13

GPA TO GPA APPLICABILTY

Respected Experts
A layout formed without approval from the govt authorities. The property compromising of 10 sites was formed by the GPA holder of the property owner. The GPA holder sold each site to the prospective purchasers by executing notary GPA and affidavit. Later it was known that the land owner had executed an agreement to sell one month proir to the GPA. So there was litigation in the courts which concluded with granting rights to the agreement holder. the land owner had expired during the trial and none of the GPA holders of individual sites I'm pleaded in the trial. WHAT RIGHTS THE GPA HOLDER GET. Few GPA holders have built houses in the property and staying there for about few years now.

naveenraj jain   14 May 2015 at 01:25

interpretation of order

Respected sirs

An order passed by the honorable high court states that " paperbook has to be filed within 3 months failing which the appeal shall stand dismissed".
Now time for such filing is over and paperbook is not filed. Sirs when this is the situation what do the parties understand..whether the case is closed. Based on this order can the parties to the appeal derive their rights. .kindly enlighten.


Regards

Naveenraj.

naveenraj jain   26 April 2015 at 10:29

judgment

Respected all
My friend has just received an order passed By the assistant munyappa revenue department of karnataka wherein my friend is second respondent.
A para of judgment reads
" late sri munyappa his wife and his children have entered into agreement received whole sale consideration from second respondent herein. Further he formed a residential layout and sold them to prospective purchasers."
Kindly make me understand the "he". Who is referred as HE is it the second respondent or munyappa