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Queries Participated

Sumeet   26 December 2020 at 15:11

Grandmother property fraud

Hello dear lawyers,

The Facts are:-

My grandfather is mentally sick from many years and my grandmother died in 2005.

My grandmother had 10 acres of land in village and she died in 2005 without will.

It's been 15 years and still the land is in the name of my grandmother.

My father didn't knew about it that my grandmother had the land in village nor my grandfather told my parents because of mental health issue.

The land is cultivated by my grandmother's brother family and just one week back my father came to know from a villager that -

My grandmother's brother had taken a loan on that land 4 years back, didn't repaid the loan.

1 month back, the bank auctioned the land and the son of my Grandmother's brother brought it in very less amount by bank.

I was shocked, now the land in the name of ( Grandmother's brother's son).

1. HOW IS POSSIBLE FOR THEM TO TAKE LOAN ON MY GRANDMOTHER'S LAND 4 YEARS BACK WHEN SHE DIED 15 YEARS BACK.

2. PLEASE GUIDE ME WHAT SHOULD I DO


Vishal Jain   26 December 2020 at 13:35

Car parking

Dear sir ,

We have 2 buildings in our society . The 1 st one is the tenant building and the 2 nd one is the ownership building made by the builder .
We have issue of car parking . The tenant are taxi drivers and they own around 30 taxis and they park their taxis in the common compound .
We wish to know if the taxis can be parked in coop societies or is there any legal way to stop them from parking those taxis .

Pls I need a reply very urgently and I would be obliged to you

Anonymous   30 November 2020 at 17:19

Name change procedure for oci card holders

RE: Request for information regarding name change procedure for OCI card holders 
                                         

I, Sreekumar G, from Cochin, Kerala and an Overseas Citizen of India and presently residing in Spain. 


According to Spanish law and tradition, it was mandatory to change my surnames to my parents' surnames when I became a Spanish citizen. 




In India, I haven't changed my name, so I'd like to change my new surnames.


These are my questions:


1. Can an Indian (an OCI card holder) who has their own overseas citizenship changed their name in the Gazette in India?


2. Could you guide me as to how I should  proceed with that name change in India?         


3. Is there any application available for Non-resident Indian (NRI) to get their name change published in the central gazette? If yes, kindly send to me by email.


My previous name was recorded on all of my official records in India (such as pan card, bank accounts, Aadhar card and birth certificate, my school and university academic Records and property title documents in India)


I am writing to you because I have not received a proper reply to my letter from any lawyers and even those who specialize in immigration.


Thank you in advance for your time and attention to this matter and I await your valuable advice.


Adv. Yogesh Pawar   10 May 2019 at 20:50

Possession

HI Experts,
Please reply to my query.


Facts- The plot admeasuring approximately 400 square was alloted by Municipal Corporation to Mr. A under a scheme, later the said plot was transferred by Mr. A to Mr. B with all the permissions and necessary requirements. Today as per Municipal Records Mr. B is the holder of the plot and is having lawful possession of it. Mr. B also constructed Ground plus three floors on the said plot. In year 2008 Mr. B died leaving behind his legal heirs. The Municipal corporation transferred the said plot Mr. B's wife. In year 2016-2017 wife of Mr. B allowed (orally) her brother (say Mr. C) to reside at her place for temporary period, later the Mr. C taking wrongful advantage of the health issues of B's wife, captured all the three floors except ground. Mr. C also rented the said premises to third parties without any knowledge to B's wife, even after number of requests Mr. C is not vacating the premises and instead of leaving the premises he is threatening them. B's wife and her son approached nearest local police, but instead of taking action against C police registered the offence of trespass against the B's wife and his son.

1. How to restore the possession of the said three floors?
2. What are the provisions available in Civil as well as Criminal law against the C?

Rajesh   09 May 2019 at 20:49

Settling written off loan

I have few personal loans/credit card dues that are unpaid since January 2010 which makes it to a complete unpaid period of 9 years. Therefore, it has been written off by the banks I own it to.

I am still going through financial crisis and cant pay the banks as per their demand so what is the best legal course to take here as they are harassing me to pay it up.

Professional advice is what I am looking at so that I can come out of this issue. I will read through the comments to my post and possibly hire the one who I think is really taking interest in my case with a proper resolution advice and approach.

Thanks

Anonymous   23 May 2018 at 01:36

20 rs stamp paper to purchase a shop

Sir I am defendant in the case
There is a man who work in PNB bank, his side business is to give money on interest.
I took 10 lac rs from the man, and for formality purposes he took my signature on 2/3 blank papers including stamp paper and blank cheque and obtain my photo. As I was in desperation of money so I couldn�t doubt his intention.

After 4-5 months I received a notice from court. According to that I sold my shop to mr mangla and now I am not entertaining him for registery.

Is that enough to claim a property???
Or it�s a game of big lawyers. ????

I never went to court To sign any agreement to sell,it�s like somebody sold my property.

I was thinking how honourable court accept this type of forge case.
But still I trusted the judiciary and told my lawyer to please don�t let this case go for years and years of time, I want justice ASAP. my lawyer appreciated my thinking and tryed his level best to end the case soon. And within less than three years the court gives the verdict.

All mr manglA did is convert blank papers into agreement and a receipt.

I want to ask every lawyer and honourable judges, is it enough. To claim a property??

Surely not.
So how mr mangla will prove this.

Quoting a law- if defendant denies the execution of the sale agreement then it is the burden of plaintiff to prove The sale agreement is genuin by examine the witness
Signed in the agreement and its execution.

Mr mangla said he has 2 witnesses at the time of signing the agreement and making payment
Witness no-1. Is mr mangla real brother.
Witness no-2 is colligue of mr mangla.

As witness number one is real brother of plantiff so the credibility of this witness is doubtful
Witness number two clearly denied any type of a sale deal in front of him, Mr mangla himself bring the agreement in office and get it signed
The only reason to sign that agreement as witness just because Mr Mangla was His friend and more importantly his superior in the bank, as now witness number two took retirement from bank so he has no fear of his superior

Plaintiff said that defendant himself prepared the agreement to sell papers. Plaintiff visit court with two witnesses where agreement is already typed. Plaintiff just signed the papers hand over the payment to defendant.

But in cross his witness no1 is saying that he is sure that after reaching the court it�s mr mangla who typed the whole agreement.
WITNESS DENIED
Now come to payment procedure

If someone buys property he/she can show transaction by giving bank statement.
But mr mangla paid whole amount of 50,00,000 rs in one shot. As my lawyer demanded bank statement for the same transaction
Plaintiff said he can not show the transaction in bank statement because he paid rs 50 lac in CASH in one time. 50 bundle of 1000 rupee note. Not a single rs payment from bank.
The date of payment receipt and date of agreement is not same. For which plaintiff is saying this as TYPING MISTAKE.

a government approved valuer made his report which clearly states the valuation of the shop at the time of case filed was
TWO CRORE FIFTEEN LAC RS.
why would I sale my shop in 50 lac rs.

In the cross of PLANTIFF when my lawyer asked him size of the shop, mr mangla stunned for few seconds and Sai I DONY KNOW THE SIZE OF SHOP.
when my lawyer ask him about per square feet rate of the property, he again stunned and said I DONT KNOW.

AND MANY MORE POINTS.
ISNT IT ENOUGH TO PROVE THIS CASE AS A FRAUD.
BUT JUSTICE DENIED I LOST THE CASE IN LOWER COURT.
I REALLY FEEL LIKE COMMITTING SUICIDE.
WHO WILL STAND FOR ME ????

Anonymous   21 May 2018 at 21:23

Sale agreement on 100 rs stamp paper

Hi
I have got into an agreement with buyer for propert sell before 5 months. I took 2 lac advance payment. Agreement doesnt state any time duration but it was orally agreed that i will receive the remaining payment in 1 week.
Can you please advise what I can do to cancel the agreement?
Also i want to cancel the agreement as i got to know the property price is going to increase in 6 months.
Please advise.
Many thanks

Apurv   21 May 2018 at 18:58

Need to know the procedure

Hi

I have a agri land in Daudpur U.P. And it's registered with the name of my father. He died 1 year ago. Now my tau ji is saying you need to pay 50 to 60 k to transfer under my name. I said what you are talking about. The land automatically get transfer to the child or mother . Why shoul i pay this hefty amt. I need to know is this true? And also tell me the procedure to get it transfered to my mother and me. Currently i am in New york , working with it company and i am coming to india next month. So please guide how i can do this alone.

Sameer Patil   21 May 2018 at 12:17

Breach of injunction

Sir/Madame Temperory injunction has been passed restraining defendent from further construction until partiion of suit property is done by meets and bounds. But defendent not obeying the court orders by continuing the construction, taking advantage of physical location of construction planned and spread on a combined land of suit property and the adecent land). Land adjecent land of suit property belongs to her son's. Defendent is confusing the identification of suite property.
1)Can a court order of police aid u/s 151 from court for police aid can help me. Does police have an authority to identify the suit property refering court orders.
2)What action can police take if the defendent continues the breach of injunction inspite of police warning..?
3)Do police has powers to undergo a spot punchnama of the ongoing activity.
4)Can police record statements of both the party?
5) Can I include pray for assistant from local Talati or TLR office to assist police to identify the suite property as Defendant is confusing and misleading police for I sent if I at of suite property?
6) What are the chances of getting an Exparte order for an Police Aid U/s 151.
7)Does police has powers to detain the Defendant if disobeying the injunction order?
8) What are the evidences granted by court to show breach of injunction for an construction activity?

Rajneesh jain   20 May 2018 at 22:10

Breach of injunction

Please send me the format of application to register separate mjc against respondent for breach of injunction