Vinay
26 October 2022 at 16:08
Hi, would need a genuine advice regarding the subject line:
1. We are Hindu Undivided Family, property where the tower is located is a self acquired property by my mother and she passed away intestate in Feb 2016
2. I'm the only child to my mother, property has been moved in my name after my father's demise in Aug 2019
3. My mother entered into an agreement with Reliance Infratel Ltd (earlier led by MD Anil Ambani) now god knows who it is for a period of 15 years starting Aug 2008
4. After multiple reminders, phone conversations etc and they fail to clear the arrears of rent + remove the tower (as its non operative any more). Rental agreement will expire on Aug 2023
5. Agreement terms and conditions are one sided which was executed with my mother during Aug 2008
6. Account to where rent was credited is still active and the account was in my mother's name earlier has been moved to my name now.
Questions:
1) Can I as the right legal owner of the property take the arrears of rent from Reliance Communications?
2) What are my options in getting my arrears of rent with interest paid
3) Should I take a legal route before the rental agreement expires or wait till it expires and then take seek remedy?
4) Tower and other assets are still on my property , once agreement expires what will happen to them? What if Reliance does not come forward to remove a dead weight on my property which is affecting my other tenants and building structure and strength is compromised.
5) What is the best way to get Reliance off my premises and me taking over the possession of the rented premises
Seek an expert's help as its causing enough financial distress and also jeopardizing the building safety and strength. Any additional details related to agreement if asked I can share it.
narendra khona
21 October 2022 at 21:14
SIR, FOR SOME REASON THE GIFT DEED DOCUMENT WRITTEN CONTAINS MANY ERRORS,MISTAKES, MISSING MEASUREMENTS OF PROPERTY, TOTAL AREA EXTENT. ETC.
PROPERTY IS IN POSSESSION SINCE 1950 TILL PRESENT.
IT'S CONFUSING TO EXPLAIN IN WRITING, BUT EASIER TO EXPLAIN.
WOULD GREATLY APPRECIATE YOUR INPUT & GUIDANCE.
THANKS🙏🙇 NARENDRA
Anonymous
20 October 2022 at 07:15
Initially My father had failed a suit for declaration and a permanent injunction suit against his 2 brothers. The property was mortgaged long back with one of the brothers.
Trail court decreed the suit in favour of the plaintiff(my father) subject to redemption of a mortgage in favour of one of the brothers (Defendant 1)
Subsequently, Defendant 1 filed an appeal.
My father(Plaintiff) filed a separate new suit for redemption of a mortgage in trial court.
We also contested the same in the Appeal filed by Defendant. In the first appeal it was decreed fully in our original plaintiff's favour. It was held mortgage was redeemed as well.
In the second appeal filed by Defendant matter was remanded by High court for consideration of additional evidence filed by the defendant during the first appeal. Now after the matter is remaned to the trial court, the defendant is arguing plaintiff can not claim redemption of the mortgage since plaintiff has filed new suit for the mortgage of redemption and hence, the mortgage should be considered as not redeemed. However, the high court has remanded the matter only for the limited purpose of considering additional evidence.
Can you please suggest
Suraj Kumar
20 October 2022 at 00:41
I have given Rs. _ _ _ to XXX to start a business. The amount was paid by cheque. XXX has purchased a house with that money. I was occasionally used to live in that house. Now XXX want to sale the house & refused to pay my money back. I have forced to file FIR u/s 420 IPC. Thereafter XXX tell me that, since she couldn't refund my money she will transfer house in my name & handover possession of house to me.
All of a sudden XXX came & threatening me to vacate the house. I asked to refund my money or transfer house to me. But she refused both.
I inform the matter to local PS & they advised me to lodge FIR.
1) Can I file a civil suit for injunction & peaceful living in that house ?
2) Can I claim that property since market value of that house is already paid to XXX but XXX refused to transfer the house to me.
Can I file
Anonymous
18 October 2022 at 06:25
I am in possession of a house purchased by me in another name. I am residing in that property. The another person wants to sale the house.
1) How to proof the house is under my possession ?
2) Can I go to civil court & pray injunction for the house ?
Suraj Kumar
17 October 2022 at 00:33
I was in a relationship. Out of good faith I learnt her RS 5 lakh on verbal promise to return. She refused to return my money.
Can I file a case under section 70 &72 of the Indian Contact Act ?
kehar singh
16 October 2022 at 14:05
Sir, we 6 family would like to connect our sewer line with the main line. But in between the mainline and our house, there is another house just on the roadside. Our sewer line has to pass through his land else there is no other option to connect with the main line.
After several request made by us to the owner of the house, he has eventually issued NO OBJECTION CERTIFICATE allowing the Public Health Engineering Department to pass the sewer line through his land. But the department could not immediately start the work due to the monsoon season. Now after elapse of about 4-5 months the department is ready to start the work, but the same house owner now says that he will not allow to pass the sewer line now without any reason.
So I humbly request the learned members of this platform to guide us in the subject matter. What should be our next course of action against the person who has signed the NOC and now revert from the decision.
Thanking you.
Balaji Bakthavathsal
16 October 2022 at 12:27
Respected Learned Lawyers,
An appeal suit challenging the ex-parte judgment/decree was dismissed after six years of pendency due to default of the appellant. It is learnt that the appellant has submitted an IA to reopen the appeal suit which is yet to be accepted by the court. At this stage, can we, who got the ex-parte judgment in our favour, file a protest petition by means of an IA with the prayer not to accede & accept the reopening petition of the appellant before he submits his IA petition ? If there is any citation on this, kindly intimate.
Thanks & regards
Balaji
Anonymous
15 October 2022 at 22:01
I was purchased a house at my money in the name of a woman who was living with me ( live in ).She remarried. On that house I am residing & in my absence my representative residing.
She wants to sell the house & cheat me.
I have already filed a FIR u/s 420 IPC.
Can she file any civil / criminal case to remove from that house ?
Can I file a case before the court to declare the house may be transferred only with due process of law.
She & her new husband came to distrub me. Can I file any case ?
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land encroachment
Hello lawyers the plot I live in was purchased along with a colleague who sold it last year. Now the new residents are asking us for NOC but my mother refused as we dont know of their income source.
So they came at our house and threatened my mother saying they would demolish a part of our house and they are claiming that we have encorached the land. The wall is not built yet and we have only made a temporary boundary of barbed wires they are refusing the intervention of revenue department. Also their sale deed is in the name of another (father)and 7/12 in the name of another (the son and one other person) is it possible in maharashtra. What should we do?