ss
30 November 2009 at 21:34
The value of the total suit property located in Delhi under category C is Rs. 42,77658 lacs. There are three legal heirs. One legal heir intend to file partition suit who is in possession and in occupation of the suit property in Patiala House court Delhi. Therefore the value of suit for partition to be filed by one legal shareholder is Rs. 14,25886 i.e 1/3rd. Please guide me on the following points:-
(i) would be the value of the suit for the purpose of fees and jurisdiction and
(ii) what would be the court fees stamp required to be paid and affixed with the plaint ?
Thanks
Neville
30 November 2009 at 17:48
Hello,
I would like to ask if the BMC can take action on encroachments on MHADA land.
What is the procedure for obtaining a stay when served a notice of eviction / transfer to government housing when staying prior to 1995 on MHADA land.
Regards
Neville Da Silva
Anonymous
30 November 2009 at 16:40
Burden of proof on Plantiff or Defendant.
My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case
Anonymous
30 November 2009 at 15:08
sir
our lands were acquired for providing house sites to harijans under tamilnadu acqn. act for harijanwelfare schemes.
1.while fixing the value for compensation they had chosen a land and used that rate. but instead of rs 300000 per acre they used rs30000 per acre. if they calculated correctly the value is more than rs 3000000
PL TELL WHETHER THE POWERS OF THE COLLECTOR TO AWARD IS BELOW RS 2000000?
IF SO can i file a suit forcompensation for mental agony[ case is 12 years pending]. we found this point now only .kindlygive your advices.
now we have got a stay at sc. on grounds of improper acqn. procedures
thank you
Anonymous
30 November 2009 at 15:04
sir
our lands were acquired for providing house sites to harijans under tamilnadu acqn. act for harijanwelfare schemes.
1.while fixing the value for compensation they had chosen a land and used that rate. but instead of rs 300000 per acre they used rs30000 per acre. if they calculated correctly the value is more than rs 3000000
PL TELL WHETHER THE POWERS OF THE COLLECTOR TO AWARD IS BELOW RS 2000000?
IF SO can i file a suit forcompensation for mental agony[ case is 12 years pending]. we found this point now only kindlygive your advices sir already 12 years have after award. now we have got a stay at supreme court. we have found this miscalculation now only
thank you
CHEEMOO
30 November 2009 at 14:46
My maternal uncle ( real brother of my mother )purchased a property on my name when I was minor [ at the age of 10yrs]. My uncle purcahsed this property wish of my deceased mother at that time my mother was cancer patient) this property was purcahsed in 1974 and my maternal uncle was issueless till his death. After the 14 days of death my maternal uncle My father file a suit of benami that the property was purcashed by them and attached the forged document of forged gift deed which is not registered. During the evidence my father failed to proof.cooperative housing society submit reply as defendant No. 2 in court that gift deed is forged in society these document were not submit in society. Last year my father died. My father failed to proof benami. Now the case on arguments please advise me and send me some case laws to help me in this case
Pradeep Dhruva
30 November 2009 at 14:29
Mrs. A is the owner of the immoveable property and the agreement is duly registered.
She wants to part away 50% of the property to her father and the said 50% of the property will be in joint names of Mrs. A & her father. Following is the query:-
(1) whether gift tax is applicable ?
(2) whether a fresh agreement will be required and also whether it should be registered ?
(3) any other query connected with the above matter.
P.R. DHRUVA
raju
30 November 2009 at 14:20
dear sir,i have added few more questions for the same problem in the last paragraph.please check it out and advice me accordingly.
we have a property in delhi which was allotted to my father and his brother after partion of india against the properties of my grandfather in pakistan. the monetery amount for resettlement given to my father and uncle by the ministry of urban development was in ratio of 30% of my father and 70% of my uncle.now both my dad and uncle have expired and now the inheritants of my uncle are asking for a 70% share even though they have never entered our house for last 40 years as they are residing out of delhi.. this property lease papers clearly state that 'division of property is not allowed'..on my side we have 3 inheritants i.e my mother,sister and myself..on my uncles side its also 3 inheretants i.e one brother and 2 sisters.. now we want a settlement on the ratio of half and half on this property on the basis that we have been the only resident of the stated property for almost 40 years..my cousin wants to settle in ratio of 60% for him and wants to give us only 40%....does he have any legal right to enter a house occupied by only my family since past 40 years on the basis of illegal or legal grounds.please advice accordingly.
ALSO I WOULD LIKE TO ASK THAT IF THE THINGS GO TO THE COURT THEN WHAT SORT OF CHANCES WE HAVE OF GETTING 50 PERCENT SHARE.ALSO WHAT CAN BE THE LEAST AMOUNT WE CAN CLAIM FOR OURSELVES ON THE BASIS OF THE FACT WE HAVE OCCUPIED THE PROPERTY AND MAINTAINED IT FOR 40 YEARS,PAID ALL THE TAXES ETC..ALSO THAT ON EACH SIDE OF THIS ANCESTRAL PROPERTY WE HAVE 3 INHERITERS EACH.THAT MEANS FROM MY SIDE WE HAVE MY MOTHER,MY SISTER AND MYSELF AND ON MY UNCLES SIDE THERE ARE ONE SON AND TWO DAUGHTERS AS THEIR MOTHER HAS EXPIRED TOO.DO U THINK IF MY COUSIN DOES NOT AGREE ON 50:50 RATIO OUT OF THE COURT SETTLEMENT THEN SHOULD WE GO TO THE COURT OURSELF.BASICALLY I STILL WOULD LIKE TO KNOW WHO STANDS A BETTER CHANCE IN THE COURT AND THE DECISION WOULD FAVOUR WHOM. ALSO ONE LAST THING IS HOW CAN THE FATHERS AND UNCLES SHARE BE DISTRIBUTED AMONG THE INHERITORS ACCORDING TO INDIAN LAW..ALSO CAN MY COUSIN FORCE FULLY ENTER THE HOUSE WHICH HAS BEEN OCCUPIED BY US ONLY AS HE IS THREATENING US TO DO SO...THANKS
Neville
30 November 2009 at 14:15
Hello,
I am interested in knowing about this Limitation Act 1963.
1. Are there any amendments to this act. 2. What are the terms under which a person who has possession of a plot of land can stake his / her claim on the property.
3. What is the procedure to be adopted for staking claim under this act.
4. What are points to be taken care while staking claim.
I look forward to your reply.
Regard
Neville Da Silva Mumbai
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Rent / Lease
Dear Sanjeev, Thanks a lot for your answers. I have a few clarification to understand it better.
1. So in the case of Lease/Rent are there some standard requirements. I mean, is it compulsory that there shoudl be a security deposit to be paid at the begining. If yes, is there is a set amount?
2. Does the payments have to be made monthly. Can it be once in two months etc?
3. In a lease agreement, there is usually a cluase saying that agreement can be terminated by notice by either side? Is there a set period of notice or are the parties free to decide what shoudl be the notice period?
4. Another important question i have is, since lease can be terminated by notice period usaully with a months time, Is it really required to have an agreement that the lease is for 11 months, 1 year or two years. Can we not just say or rather shouldn't it be that the agreement is on monthly basis, since in effect it means the same. Becuase even it is for 11 months or more, the tenanct will have to leave after receiving the notice.
4. Sanjeev, I am still not clear with the difference between price and rent. You seem to be saying that Price is the security deposit. Is that so. Then are you saying deposit is compulsory in every lease agreement?