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Anonymous   16 February 2010 at 22:23

Restoration of suit

Plaintiff filed a suit in year 2003 praying to declare him as owner and recovery of possessoin, cancelation of sale deeds and declaring as null & void.

The suit is dismissed for default in the year 2004, but the advocate on record has not informed the plaintiff till his demise. The plaintiff during his life time was under the impression that the suit is running.

In the year August 2009 plainitff died and now the daughter of plaintiff came to know about the suit and its dismissal and immediately demanded the advocate on record, then he gave no objection.

Now the daughter of plaintiff wants to contest the suit. So under which circumstances it is possible. Whether the suit is restored and daughter of plaintiff can be made as party to the suit.

Plz. suggest any judgments of any High court or Supreme court.

shridhar   16 February 2010 at 20:34

property sharing between brothers

Sir,
14 years back my father has transferred (change of name in documents) 3 acres of land to my brother and 3 acres to me when iam minor and remaining 5 acres is in my fathers name but all property belongs to grandfather.
till date myself and brother living together, not shared property, but improvement is made only in my brothers 3 acres land .but he is not willing to share that. do i have equal rights in that propery so relpy soon.
Thanking you.

Pramod Pawar   16 February 2010 at 20:12

how to register notorised documents

I purchased four plots, each of 600 sqft by paying cash amount from a person having power of attorny by way of notary in the year 2000 in state of maharashtra. plot is illigal means without non agreecultural.the person who was having power of attorny and was entered into agreement with me through notory now not alive.Now how I get registered that plot? which documents are necessary? please guide me.

Anonymous   16 February 2010 at 16:21

property registration

sir,
I have a plot given by my father.My father has given the plot to me as a family settlement as gift deed and got the deed registered at the sro.Ihave not got it entered at the land records office yet,now i want to write the plot in my mother's name as a gift deed.Please advice me if i can write a gift deed in another persons name or not.If so please tell me the procedure.

Ranganath.T   16 February 2010 at 14:42

partition suit, challenge against final decree,

Dear Sir,

My Name is Ranganath.T on 02-10-1989, City Civil Court has issued a judgment and Final Decree on my Grandmother partition suit but in this judgment boundaries are not marked properly by the commissioner because our apposite party misguide the court by saying that he had been received some property from our neighbors by gift and he given a false statement of some other's (third party) property belongs to us. That means instead of our property he triad to merge some other's property and actual property showed as a gift given to him by some other peoples. And in the Final Decree, Judge mentioned their is no proper documents for the gift provided to him. But unfortunately we did not get our actual property of 40 feet’s in West instead of that 40 feet’s in East we got but this is not our property. (Which the property belongs to 3rd Parties they were already in the procession since from past with their proper documents)

Now my humble request is can we challenge this suit for amendment or re-appoint of the commissioner to fresh partition.

If it is possible please give me your precious opinion on this matter.

Final Decree passed in the year 1989; please help me we are straggling on this matter because in those days my Grandmother was very poor so he did not file the suit.

And tell what is court fees for declaration suit in the web site they mention Rs. 1000.00 or market value which ever is higher but I did not understand Rs. 1000.00 for single meter, sft, or square.

If you need I will send the Judgment copy for your further clarifications.

Thanking you.

Yours faithfully,
Ranganath.T


Anonymous   16 February 2010 at 13:59

PROTECTED TENANT



1) WHAT IS PROTECTED TENANT?
2) HOW IT CAN BE DEFIND?
3) AFTER HOW MANY YEARS TENANT CAN BE TREATED AS PROTECTED TENANT?
4) TENANT IS NOT PAYING ANY RENT TO LAND LORD IN SUCH CIRCUMSTANCES TENANCY RIGHT IS PROTECTED? CAN TENANT BE TREATED AS PROTECTED TENANT IF TENANT HAS NOT PAID ANY RENT FOR MORE THAN 3 YEAR?
5) PAYMENT OF WATER CHGS ELECTRICITY BILL AND OTHER MAINT CHGS TO UNREGISTER ASSOCIATION (PROPOSED) IS LEGAL?
6) RECEIPT OF SUCH PAYMENT FROM UNREGISTERD ASSOCIATION (PROPOSED) IS VALID IN ANY TYPE OF LITIGATION?
7) SUPPOSE IF ANY ACCIDENT HAPPEN AND BUILDING IS COLLAPSED, THEN IN SUCH SITUATION CAN WE CLAIM OUR TENANCY RIGHT EVEN THOUGH TENANT HAS NOT PAID RENT TO LAND LORD OR ANY LEGAL AUTHORITY?
8) CAN LEGAL HEIRS OF ORIGINAL TENANT CAN BE TREATED AS PROTECTED TENANT?


Yaseen Mohammad   16 February 2010 at 10:54

Succession

One Mr. X inherited the land to an extnet of 8893 sq.yds. from his father. The father of Mr. X died intestate and as on the death of father of "X", he is bachelor.

In the year 1984 "X" executed GPA document in favour of "Y" for 17,787 sq.yds. The remaining land which is got exeucted by "Y" is the land of sister of GPA holder.

While in the force of GPA document the GPA holder executed only one registered sale deed and 5 notarised doucments.

Mr. "X" came to know about the acts of GPA holder cancelled the GPA document in the year 1991 vide doct.No. 10/1991.

With wrong impression again the GPA holder created the GPA document vide doct.No. 11/1991 on the same day.

While in the force of GPA document the GPA holder executed 15 registered documents.

Again in the year 2003 Mr. "X" came to know the acts of the GPA holder and cancelled the GPA document. After cancellation of GPA document GPA holder executed another 15 documents.

For which Mr. "X" filed cheating case against GPA holder.

While things stood Mr. "X" died in the year 2009.

Now the point for consideration is whether Mr."X" is competent to execute GPA for entire land.

Or the children of "X" also share holders to the entire property which is inherited by the "X". Since the property is ancestral. As on the date of inheritence "X" is bachelor.

As on the date of execution of GPA document in the year 1984 "X" is having one daughter.

Now "X" is having three daughters and two sons.

Under which provision of law the children of "X" succeed their land.

OR the children of "X" is entitled for the land which executed by the GPA holder after cancellation of GPA document.

Plz. suggest clearly.

karthik   16 February 2010 at 09:48

Regarding rental property

I have given my property for rent to a tenant for the past 20 years. He was doing some business in that space. During the last one year period he has not paid the rent. I was asking him to vacate the property since he was not paying the rent, but he did not do that till now. Suddenly yesterday my tenant was vacating the property and was planning to rent it to another person, I also got the news that he had taken the advance for renting the property. When I called my tenant he was not ready to talk properly. When I asked him what to vacate the property and give the keys, he talked very badly. What should I do in this case?

akshay dange   16 February 2010 at 08:43

paying guest

hi , last time my query was nicely answered. thank you for that & god bless you!

i want to know if i am keeping paying guest in my house & allotted him a separate room.
what kind legal document i should prepare?


Thank you

akki

Anonymous   15 February 2010 at 20:32

wife's rights on husband's property

Hi, there was dispute in me and my wife and petition is going on in the court. I want to buy some property on my name (FLAT). Would like to know if she can claim share in my newly owned flat (which will be on loan)?