bharat khatwani
01 September 2024 at 10:39
Pl. opine...Pl. provide supporting court ruling to support your views......Validity of Legal Notice**: The notice must be clear and precise, providing sufficient information for the recipient to understand the claims being made against them. It should ideally state the reasons for the notice and the evidence upon which the claims are based. A notice that is vague or lacks necessary details may not fulfill the requirements of legal adequacy, potentially leading to the dismissal of any subsequent legal action based on that notice.
2. **Intention to Go to Court**: The absence of a statement regarding the intention to pursue legal action can also render a notice ineffective. The purpose of a legal notice is to inform the recipient of the impending legal action, allowing them an opportunity to respond or settle the matter before litigation is initiated.
In short a legal notice that lacks supporting documentation or fails to mention the intention of court action may be considered invalid, as it does not provide the necessary information for the recipient to prepare a defense or respond appropriately.
Anonymous
31 August 2024 at 12:18
Hello All
I bought recently a Leasehold Vacant Plot in Scheme No 114, Part 1 (IDA) from Seller, who is the First Allottee who got allotment some 20 years back from NDA.
I apply for Name Transfer from seller to buyer in IDA and Receive Demand Note for Following heads :
Transfer Fees - 3 %
Compounding Fees - 0.50 %
Lease Renewal - 1 %
Penalty - 0.45 %
This is on Registry Amount
As per my understanding, I only have to Pay Transfer Fees of 3 % but I am not sure, what to do with other charges.
Is it payable by seller or buyer ?
Can someone guide me or advise what to do.
Thanks in advance
Anonymous
30 August 2024 at 21:57
My grandfather gifted 60 cents of land to my mother in 2000.we converted 10 cents for residential purpose.Map showed us access to road.We also pledged the land to bank for loan.Then again surveyed.In 2014 again we surveyed.The map showed road access.We filed partition suit for my mother's share .We won the case.Our share was delivered to us which is situated near our 60cents.Now surveyor who came to deliver property to my uncle says land allotted to my uncle is overlapping our 60 cents i.e may 10 cents because of that our 60 cents has no access to road.I don't know whether he is lying or saying correct.Even the court commissioner and government surveyor not noticed this.The uncles property comes under neighbouring village .The surveyor without visiting spot during commissioner visit made a seperate map.Now by merging both village in same map surveyor saying our 60 cents has no road access
bharat khatwani
30 August 2024 at 09:23
If a fraudulent will appears, asserting ownership of your property with a testator who has no legal or personal connection to your family, what legal actions can you take? What precautions can you implement to safeguard against such fraud?
Anonymous
30 August 2024 at 08:57
I have a restaurant business for the past 30 years and the members of the society have opted for redevelopment. The builder has presented his offer letter. What do I need to keep in mind while agreeing for redevelopment espcially for a running business?
Sivaperumal Rajamani
30 August 2024 at 01:31
Hi
My patta application got rejected with reason as it has court odrer so rejecting the request, Kindly let me know if how to find for given survey number what is court response and is there any way to get download from online the court order based on land servey number
Thank you
Siva
bharat khatwani
28 August 2024 at 17:59
REPOSTING IT BECAUSE IT WAS MARKED RESOLVED BY MISTAKE BY ME.......I have received a legal notice from my tenant demanding an outrageous sum equivalent to 150 years' worth of rent for repairs. The notice also attempts to pressure me into carrying out additional major repairs, alleging that the property is unsafe for habitation. It even states that I would be held responsible for any accidents or fatalities due to the condition of the house. Interestingly, the notice does not threaten legal action, but the tenant's lawyer has asked me to meet with the tenant. In response, I sent a formal reply, asking both the tenant and their advocate to withdraw the notice, but I have received no response. I suspect this is a deliberate tactic by the advocate to force me into litigation, wasting my time and money, or to pressure me into paying the tenant. However, I have chosen a different approach. I plan to take the matter up with the Bar Council, filing a complaint against the advocate for violating Rule 4 and Rule 5 of the Bar Council's Conduct Rules. I have been informed that no advocate has ever been penalized for breaching these rules. Is this truly the case?
Read more at: https://www.lawyersclubindia.com/experts/is-legal-notice-part-of-judicial-legal-process--760616.asp
bharat khatwani
27 August 2024 at 18:00
Please read and opine.....What if during court proceedings it is found that forged documents were presented by either party, the Magistrate has the authority to direct the police to take appropriate action under Section 156(3) of the Code of Criminal Procedure (CrPC). Section 156(3) empowers a Magistrate to order a police investigation if an offense is cognizable, such as forgery.
If the court finds credible evidence of forgery, the Magistrate can instruct the police to investigate the matter and, if required, register an FIR. The objective is to ensure that criminal actions, such as forgery, are thoroughly investigated and that justice is served according to the law.
This step ensures that criminal misconduct within the judicial process is addressed, preventing abuse of the legal system and protecting the integrity of the proceedings.
Partha Chattopadhyay
26 August 2024 at 21:52
I got the property (a flat with hoding no. A) of my deceased mother through a registered will which got also probated in the district Court. This flat had also been mutated in my name in July 2017 with a fresh holding number (A/1) after I cleared the house tax of Flat A for the 1st quarter ( April - June, 2017). I had been regularly paying the house tax since 2017 till date and got "a no dues certificate" from my concerned municipality. Suddenly, I started receiving the outstanding tax for flat A in the name of my mother who expired in 2014.
My humble question is to know how a property A got mutated in my name with fresh holding number A/1 when there were outstanding tax for Flat A. As far as I know a property can be mutated if and only if there was no outstanding tax of the previous owner. Seeking your considered opinion.
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Legal notice content
I am looking for rulings or authoritative case law that establish the principle that a legal notice must not only be properly served but should also be backed by a legitimate basis and a clear intention to pursue the matter legally. Specifically, I seek rulings where courts have emphasized that notices sent without a genuine legal basis or intention may be deemed baseless, frivolous, or premature, leading to adverse consequences for the party issuing such notices.
If you could point me toward any judgments or provide references to case law that support this view, it would be highly appreciated. I am particularly interested in rulings where the lack of substantive claims or intention in legal notices was a factor in the court’s dismissal or criticism of such notices.
Thank you in advance for your insights!