Anonymous
30 May 2023 at 21:45
I need your advice on filing a money recovery case against someone whose address I don't know. I only have their name and contact number. Can I take legal action without knowing their address?
I appreciate your help and expertise.
Prakash
30 May 2023 at 21:26
Specific performance of contract entered into in 2009, the registration delayed by the seller and in the meanwhile the seller died, can the recipient as per the agreement can sue the legal heirs of the deceased seller ?
Deepak Sharma
29 May 2023 at 03:46
A civil executionn was dismissed in default by the court due to non-appearance of both plaintiff and defendant. the plaintiff applied for restoration of the case after 1 year under section 151 with proper ground. Now, is it nessasary for plantiff to send the summons to the defendant before the hearing for restoration starts or judge can restore the suit and then the summons to be served to defendend .
Defendend objections under section 47 were dismissed in default in august 2019 but plantiff was present .
after that in 2022 civil execution was dismissed in default .
Defendent had stopped appearing the court from very start of 2019 .
Sadanand bhisaji Panchal
27 May 2023 at 20:03
Respected experts,
I want to address a Notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (said Act) to the Planning Authority, Mumbai for return of the land from reservation as the reservation lapsed after 20 years. My land/Plot situated in Mahim City, Mahim Division G/N Ward. Section 2 (3) of the said act defines- “Appropriate Authority” means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire. Recently the Hon’ble Bombay High Court passed Order and Judgment wherein it is held that Notice under Section 127 of the said Act is compulsorily be addressed to the officer holding the post of Appropriate Authority as defined in Section 2 (3) of the said Act.
Kindly inform me the contact details and name of post or designation held by the Appropriate Authority for acquiring land situated at City Mahim, Mahim Division, G/N Ward.
Thanks in advance
Regards,
Sadanand B. Panchal.
J K Agrawal
26 May 2023 at 19:58
Respected learned friends.
A Hindu in Rajasthan, having no class one heir, dies without any will. One class 2 heir want to get declared himself as legal successor. He does not know exact detail of all properties of deceased but having knowledge of a few immovable properties.
1 Which Type of suit, should he file (with reference Court fee act as suit for declaration costs advolerum court fee which may be beyond capacity. ).
2 Which court having Jurisdiction.
3 If 372 Indian Succession Act applicable?
Please guide. Regards
prakash
25 May 2023 at 20:01
Sir/Madam,
One of my client raise a query that, He came to know last month that, he was adopted by his uncle in his age 8 (it was mentioned in registered deed , i.e. year 1981) , But the deed was registered in sub-registrar office by the year 1992, at that time his age is 19. Without his knowledge & signature the deed was registered and signed by his biological and adopted parents.
Now, his Biological parents are no more and one of the adopted parent also died. As per the legal heirship certificate his name is not mentioned in his adopted parent certificate.
Kindly clarify how to cancel the adoption deed.
anil a ghaisas
25 May 2023 at 14:01
Sushila Has a rental accommodation
Her successors are Anil+ 4 sisters+1 brother when suit was filled
Anil+Famiy sisters Successors
ofexpired sister[s brothers Successors
Of EXPIRED brother
Earlier_all 4 *1 Sister has 2 sons +1daughter & 1 sister has no successors Eexpired *1 -daughter
Now ANIL 2 *2 sons +1daughter, covered in suit
Now ANIL 2- *3 successors of sister 0 *1 -daughter
PROBABLE COVERABLE
Likely to be brought 1 SISTER HAS A RETIRTED SON
1 SISTER HAS 3 DAUGHTERS
forcingly
Land lord filed suit in 1983 , for eviction & pending & pending in Kalyan court
All are staying away except Anil with his family.Sushila died in 2005
All are personally ready & willing to give(NOC)rights in tenement They wish honestly to transfer said accommodation in the name of Anil Anil does not have any other accommodation in his name any where
All members are +75 physically incapacitated to appearing Court
No sooner any one expires landlord tries to involve successors in this suit under clutch of law. He is trying to harsh & not ready to give consent for change of name in Anil's name
Whitest no one is ready successors also brought in the suit forcefully
This is illegal and unlawful.This will just contuse …?
Suggest,remedy to stop this visions predicative to get out of this
Suit was in process since 1983 till 1992-Decided on 19-06-1992 HC
dismissed WP filled by landlord. Lord committed contempt of court
Contunied to refuse rent till 2008
After16 years gap 0n 27-08-2008 landlord filed a suit against Sushila & he successors for eviction.
In this process the Factor for change of name was overlooked
Now its very trouble some to bear
If this is contented it has very serious & unavoidable repurcations on the part of decedent Plesea suggest furthe couser of Actio n
A A Ghaisas
Adityakumar Jain
23 May 2023 at 19:47
Dear Experts,
Disputant in-person has filed dispute, against Co-op. Hsg. Society (Opponent no.1) and its committee members. Because its Secretary (Opponent no.2) during his tenure as Secretary in conspiracy and collusion with other committee members had illegally prepared fraudulent documents and allotted to himself development rights to construct additional floors above existing old building of Society. By this way the legal rights of Disputant of having flat of additional area is also grabbed and his signature is also forged.
On the bases of said fraudulent documents, the Secretary (Opponent no.2) constructed additional floors.
The dispute was filed before 16 years in 2007 by Disputant. And challenged therein fraudulent documents prepared by Secretary (Opponent no.2), sought its declaration of illegality. The additional floors illegally constructed on the bases of fraudulent documents is also challenged and sought for its demolition.
Disputant appearing in-person encountered with Cardiac problem, was hospitalized, could not appear afterward in matter. Dispute was arbitrarily dismissed by trial Court ex-partie, without giving to disputant an opportunity to file written argument.
Appeal filed against same is pending in Appellate Court.
The Opponent no.2 Secretary, because of his fiduciary relationship as being Secretary, S-111 of Evidence act and S-16 of Contract act have mandatory burden of proof to prove that during his tenure as Secretary he has not committed any illegalities and fraud in allotting development right to himself. He also has to prove that the documents through which he obtained development rights are legal and genuine.
But Secretary (Opponent no.2) is not at all in a position to file his evidence, enter into witness box and prove his case in Dispute. If he fails to prove his case, then- (a) document through which he allotted development rights to himself will become illegal, null & void; (b) additional floors constructed on the bases of said documents also become illegal, null & void and liable to demolish; (c) evidences given by him can be used against him in Criminal Case against him which can easily lead to his conviction; (d) Disputant will get their legal right and have a newly constructed flat of additional area, as per policy of BMC.
Regarding forgery of Disputant’s signature, Police complaint filed – Police obtain opinion of hand writing expert – Forgery of signature confirmed – Charge-Sheet filed and it is pending.
Therefore, now the Secretary (Opponent no.2) and committee members are trying to hatch another conspiracy before dispute and appeal filed by Disputant is decided. i.e. they come with proposal to demolish whole building (old existing plus additional floors illegally constructed above it) and to do re-development by appointing some builder.
Now the question:-
(a) When the additional floors is under challenge and matter is sub-judice, is it permissible and legal to demolish same?
(b) To stop Opponents from demolition of building before dispute and appeal filed by Disputant is decided, what steps require to take to restrain demolition, whether (i) to file a new application before appellate Court in pending appeal, or (ii) to file a Writ Petition before Hon’ble High Court?
(c) To appoint a builder and transfer the whole property to him for re-development is hit by S-52 of Transfer of Property Act? Can Disputant take help of said provision?
(d) Please provide citations in this regard, if possible?
Thanking all respected experts.
AK Jain.
Anonymous
22 May 2023 at 16:52
Dear experts,
I rented my vehicle to someone for their everyday use under a three-year contract. The agreement stated that the person using the vehicle would be responsible for any damages that occurred. Unfortunately, the vehicle was involved in an accident, and I need to know if I can enforce the contract to claim damages. The contract was signed on paper with two witnesses, but it was not notarized. Will the contract hold up in court to prove ownership and claim damages?
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