chandrabhanu
27 January 2023 at 14:44
Dear Sirs.
We have filed a suit for title & possession. The property belongs to ancestral. A person saying that he is my father's sister's son & sold the property. But in reality my father's sister have no issues (She herself does not mention anything in her written statement in her partition case) also the person sold the property is no where appears in our case and do not have any proof of existence like voter id, birth certificate, ration card etc. In this scenario Judge is asking to get the opinion of family. But even in family also no other person lives apart from us (Petitioners).
In this context, This is to get the clarity that proving of the non-existence person (Son) u/s 50 of Evidence Act is it mandatory / how much it is important to be proved by us (Petitioners) / Whether burden is on the purchaser to prove that the non existence person is existed through some record.
Sec50 of Evidence Act Illustration 2. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Santilata Singh, AIR 1999 Ori 61
Kindly clarify
chandrabhanu
06 May 2021 at 12:19
Presently in Karnataka it is LOCK DOWN. Chartered Accountant service is an not essential service during lock down. So if the office opens & caught by police or Labour law department under which ACT & Which Sections they can file cases. What is the proof they can get?
chandrabhanu
06 May 2021 at 12:14
Chartered Accountant service is an not essential service during lock down. So if the office opens & caught by police or Labour law department under which ACT & Which Sections they can file cases. What is the proof they can get? What is the solution Chartered Accountant is having? Pls suggest in detail.
chandrabhanu
17 April 2021 at 16:12
our matter is presently before karnataka high court. The lower court ordered 75% to us & 25% to our opposite party. Partition has not done. Now the property is vacant & open space (Earlier there was a building). My query is 1) If high court orders complete 100% to us can we immediately occupy the possession. 2) Is there any process (like affidavit, form etc) to update to high court that the land is vacant & open space to all. 3) if immediately cannot what is the process to get the possession ASAP (Before he goes to appeal to Supreme Court? 3) If high court orders again 75% to us & 25% to opposite party what is the process to get the possession? 4) Let me know the cost to file CAVEAT in supreme court for the same case. My no is Nine Nine O O four five two five two three
chandrabhanu
17 April 2021 at 16:10
our matter is presently before karnataka high court. The lower court ordered 75% to us & 25% to our opposite party. Partition has not done. Now the property is vacant & open space (Earlier there was a building). My query is
1) If high court orders complete 100% to us can we immediately occupy the possession.
2) Is there any process (like affidavit, form etc) to update to high court that the land is vacant & open space to all.
3) if immediately cannot what is the process to get the possession ASAP (Before he goes to appeal to Supreme Court?
3) If high court orders again 75% to us & 25% to opposite party what is the process to get the possession?
4) Let me know the cost to file CAVEAT in supreme court for the same case. My no is Nine Nine zero zero four five two five two three
chandrabhanu
15 October 2018 at 18:34
Sirs,
In Civil court we had filed a suit for Declaration & Pocession. Judgement came as 75% and 25% to opposite person. Now the said matter is in high court. Earlier there was a building and now it has fallen and became vacant land.
High court has not given stay to both parties.
1) Now can I put a temporary shed for 100% or for 75%.
2) What is the consequence if I occupy the complete 100% land.?
3) Will there be any criminal case of trespassing if I occupy his portion of 25% also.
Please suggest. Also looking for an expert advocate to solve this.
chandrabhanu
13 July 2018 at 16:40
one of the property situated at bangalore, in Civil court declared as 75% to us & 25% to opposite party. We had filed suit for decleration & pocession. The suit is pending In high court . IF order comes as 100% us & nothing to opposite party. 1) Whether we can occupy the position next day with the copy of the High court order. 2) In case if high court orders as 75% to us & 25% to opposite party, What will be the our stand whether we can occupy 75% of pocession or not on the next day of the order.
chandrabhanu
13 July 2018 at 16:37
one of the property situated at bangalore, in Civil court declared as 75% to us & 25% to opposite party. We had filed suit for decleration & pocession. The suit is pending In high court . IF order comes as 100% us & nothing to opposite party. 1) Whether we can occupy the position next day with the copy of the High court order. 2) In case if high court orders as 75% to us & 25% to opposite party, What will be the our stand whether we can occupy 75% of pocession or not on the next day of the order.
chandrabhanu
23 September 2017 at 15:39
Sir,
We (OBC-IIA) have purchased a land in Bangalore from ST which his father got through the government grant for agriculture purpose.
The same land got partitioned in his family & his son some portion of the family sold to us. AT the time of selling he was speaking very nicely & good. Now he is threatening us to file the suit against us. What are the options we have presently. Kindly help us. We are fed up of this issue. We need to come out of it ASAP.
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About common passage of ancestral property
In the paratition deed (1925) of the Ancestral property , There is a narrow common passage & Common Letrine mentioned for 4 families (A, B, C, D) to enter the property. Now other families B&C sold their property to D in seperately Sale Deed not mentioning the Common passage in sale deed Schedule. Now D Sold all Properties including his share and wchich he bought from B&C to E (Ultimate Buyer) with a seperate sale deeds of B, C & D. In Any sale deed Common Passage is not mentioned in schedule of sale deeds except the in sale deed of B. My question is if the First owner is not transferred the rights of common passage, (1) how second owner can transfer the rights of common passage? Is that valid? (2) If A has retained the property without selling does this common passage belongs to him? (3) Even otherwise the common passage is not mentioned in the sale deed, do we need to leave the common passage as it is for them? (4) In the common passage, Can we leave the ground Floor as it is & elevate from 1st Floor during construction of House due to small portion. My Humbe request to experts to Kindly clarify Please... Please...