Nasiruddin
30 October 2009 at 12:34
Dear all
I want to know the case name and citation in which the Supreme court gave the judgement to vaccate the building from tenant if he fail to pay rent from last three or four months regularly.
Anonymous
30 October 2009 at 11:37
sir
the house is owned by my late father and late mother jointly.
Due the respec of my parents i have'nt got the property mutated and kept in my parent's name.
The hose was given to me by oral will of my parents. I am in 100% possession of the said property.
Few days back:
I got a comunication for my 2 bros
that they have a will of my late father ,executed in favour of all 5 brothers.
Excluding sisters and the winesses on the said will are these 2 brothers only.
The will was executed 30 years back. it is said to be a registered will (registed in another city)
In the will the address of my father is shown as another city(where the will is executed and registed).
Actually my parents lived with me in our city till demise and the city the will is registed by may father (only) and not my mother and that to in another city.
The will was never brought to light of the daly for last 30 years.
What is the legal strenght of the will should my brothers file suit for probate on will or partition of property.
Anonymous
30 October 2009 at 01:28
Hello Sir,
I have 1 imp query..........
My grandfather(nanaji) got expired in June'2006 and my mother get expired in May'2007.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim on my nanaji's Agriculture Land?Currently my nanaji's son has transfered his land in their name.This is the case of Uttaranchal.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.
Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.
Pls advise me asap.
Thanks
Saurabh Nautiyal
30 October 2009 at 01:26
Hello Sir,
I have 1 imp query..........
My grandfather(nanaji) got expired in June'2006 and my mother get expired in May'2007.My nanaji has 2 son and 1 daughter.It obvious,My mother get married before 2005.I mean before HSAA 2005 ACT.
So I want to know can I(son) claim on my nanaji's Agriculture Land?Currently my nanaji's son has transfered his land in their name.This is the case of Uttaranchal.
------ As per Hindu Succession Amendment Act 2005,Daughter has equal right on agriculture land even married daughter also.
Has all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.As I have heard this.
Pls advise me asap.
Thanks
bindhu
29 October 2009 at 14:47
I am male, hindu
my mother made a will stating that after her death the imoveable property goes to my father
(my father died before my mother)
the condition she has put--
if her husband (my father)doest make any will then it will go to bindhu
my mother also made a will in my name and my father also made will in my name
propety is in my mothers name
but my questionis is : am i getting this propety from my fahter or from my mother (if i get this propety from my father then is it going to be ancestor propety? can my wife and son can claim?)
or can i make a will to third party
Anonymous
28 October 2009 at 17:25
my flat is a rented flat.rent receipt is in the name of grandfather landlord refuses to transfer i am afraid he may not aaccept me as tenant after my mother
Anonymous
28 October 2009 at 12:09
THIS IS REGARDING THE LAND GRABBING CASE. A MIDDLE CLASS PERSON ( PLAINTIFF )HAS HIS PLOTS WHO HAS PURCHASED IN THE YEAR 1980, AND IN THE YEAR 2004, THE LAND MAFIA GANG HAVE CREATED BOGUS GPA OF THE OWNER ( PLAINTIFF) AND HAVE AGAIN CREATED BOGUS SALE DEEDS COLLUDING WITH SUB REGISTER AND HAVE MADE SEVERAL TRANSACTIONS OF SALE WITHIN A SPAN OF 1 MONTH.
THE REAL OWNER OF THE PLOTS COMES TO KNOW ABOUT THIS ILLEGAL TRANSACTIONS IN THE YEAR 2006 WHEN SOMEONE COMES AND PLACES SHED IN HIS PLOTS AND HAS FILLED A CASE IN THE COMPETENT CIVIL COURT FOR " SUIT FOR DECLARATION" . AND SIMULTANEOUSLY CALLED AND CANCELLED FOR THE FRADULENT INSTRUMENTS ( GPA AND THE VARIOUS SALE DEEDS).
WHEN THE OWNER ( PLAINTIFF) HAD PURCHASED THE PLOTS IN YEAR 1980, HE HAS TAKEN IT FOR RS 1,50,000/- AND NOW THE MARKET VALUE OF THE PLOTS IS 15 LAKHS.
AND ACCORDING TO THE RECENT NOTIFICATONS THE SUPREME COURT HAS STRONGLY DISSAPPROVES THE SALE OF IMMOVABLE PROPERTY THROUGH GPA. AND THERE IS A 13 PAGE WRITE UP FROM THE LORDSHIP OF JUSTICE R V RAVEENDRAN AND JUSTICE J M PANCHAL REGARDING THIS SALE OF IMMOVABLE PROPERTY THROUGH THE GPAH AS NULL AND VOID.
BUT UNDER "SUIT FOR DECLARATION" THE COURT FEE HAS TO BE PAID ON THE MARKET VALUE OR RS 1000 /- WHICH EVER IS HIGHER ACCORDING TO THE KARNATAKA COURT FEE ACT 1958.
THE PERSON WHO OWNS THIS PLOT WAY BACK IN 1980 WHO HAD PURCHASED FOR RS 4000/- AND NOW THAT THE LAND VALUE HAS INCREASED , AND THE PERSON WHOSE IS NOT FINANCIAL SOUND TO PAY SUCH HEAVY COURT FEE , IS THERE ANY CITATIONS FROM THE APEX COURT TO SUPPORT THE REAL OWNER ( PLAINTIFF ) WHO HAS GONE IN FOR 'SUIT FOR DECALARTION" THAT THE COURT FEE CAN BE EXEMPTED UNDER SUCH CIRCUMSTANCES.
IF COURT FEE IS THE TECHNICAL ISSUE FOR PROCEEDING THE CASE THEN WHAT IS THE USE FOR A COMMON MAN TO GO AND ASK FOR JUSTICE IN THE COURT? HERE THE PLAINTIFF IS NOT ONLY VICTIM OF THE LAND MAFIA'S BUT IS ALSO NOT GETTING JUSTICE IN THIS REGARD FROM THE COURT WHO HAS KEPT FAITH IN THE LAW.
KINDLY PLEASE GIVE CITATIONS WHICH SUPPORTS THE PLAINTIFF IN THIS REGARD AND WOULD BE OF GREAT HELP TO THE SOCIETY.
Chintu
27 October 2009 at 23:21
Hi All,
I have bought two properties in 2008 Oct and Nov respectively. My Question is related to Partition Agreement and transfer of rights.
The two properties was an ancestral property to Party A and Party B , but the land was in the name of Party B;s father as he was the elder son of the family at the time off the demise of Grandfather of Party A's and B's . I have bought the land from Party A 2.27 Acres and Part B 1.22 Acres respectively in Oct & Nov 2008. These agriculture land had been partitioned by revenue authority the Tahsildar office in 1989 and the Tahsildar office has passed the order then to get the Katha created on Party A and Party B with their respective Share of land and both parties have agreed to the same and got their Katha certificates and RTC documents. (The Land was initially written on the name of Party B's Father. As he was the elder son of the family). In 1997 as the land prices has gone up. Party B filed a suite in Civil court objecting to the partition order passed by Tahsildar office (Tumkur) Karnataka, India. Court has upheld the partition order of Tahsildar and Dismissed the petition of the Party B.Again in 2007 he has filed a fresh petition claiming the ownership of the land based on the old documents which was in his fathers name. we had less knowledge at the time of my purchase of these lands. One of the broker got us both the lands as they were adjacent. When we bought the land we checked all the records and they were paying taxes and RTC along with Katha was in Party A (2.26 Acre) and Party B (1.22 Acre) respectively and we registered both the lands as per the records they had and the Katha has been transfered to my name along with RTC. Now I have converted the land from District Commisioner to Residential purposes. Recently Party B came to know that I have bought Party A's land and he wants to give an objection or may be move the court to stop registeration process of Party A's property.
Need help in understanding what rights Party B has on Party A's land and how can he create trouble in the registration process.
Thx..
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Self acquired property gifted to one among two brothers.
Hi,
This is with regards to an issue withSelf acquired property gifted to one among two brothers.The property is self acquired by parents and has been gifted (deed) to younger brother due to love and affection and being the only one to take care of them. However, after several years being in a sorrowful situation the parents gave shelter to the elder brother to stay with the family (however the elder brother found place in the house by orally agreeing to pay monthly rent to parents). The property being old when the younger brother (owner -as gifted)planned to construct the house, the issue started. The Elder brother claiming to have equal share in property refused to hanover the pocession and obstructed the construction.
Elder brother currently occupies First floor and younger brother the ground floor along with Parents (Mother alive , father deceased). However , this issue was taken to court settlement where the elder brother argued saying the property is not self acquired. However the proof of self acquired is with the parents. But due to poor handling of the case the court dismissed the case due to not providing proof of property being self acquired by yonger brother:o(.
This happened 10+ yrs ago,and after that the younger brothet sought of lost confidence with trials so did not file another case. now request your expert comments and suggestions how to proceed in the case etc.
Thanks!