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Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.



Anonymous   22 June 2022 at 10:59

Chhaja (visor) ownership

sir there is a chhaja above ground floor just below first floor. we stay on 1st floor and have put fiber sheet and jaal on it for our safety for past 10 years as all our windows open up on chhaja side . the person on ground floor claims that the chhaja belongs to him.
kindly clarify its legal position?
nothing about it has been in written or documented?

Krishnaiah Krishnsiah   21 June 2022 at 23:06

Injunction suit

Dear experts
A person filed a perpetual injunction suit against the defendants but defendants failed to file counter and written statement despite giving many opportunities also imposed costs also to file counter and WS and the court passed an exparte and posted for the plaintiff evidence.
On the date of the plaintiff evidence when the plaintiff is about to give evidence he is about 70 years old having many ailments due to his age the deffendant counsel requested the court that without petition I am going to file set aside petition objecting to give the evidence of the plsintiff
Is it a proper way?Even after passing the decree also defendants can file set aside petition. But why his hurry I don't know. Perhaps ,wants to delaying tactics.
Is there any remedy or action on the defendant counsel or any other remedy?
Kindly advice on this.
Thanq.

Anonymous   16 June 2022 at 01:28

Execution petition format

Sir, If possible kindly share me Execution Petition draft format for non-complaince the order of weekly access of the child. I need it's most urgent pleaseee
amit.malhotra@live.com

Thanks

Anonymous   14 June 2022 at 19:29

Making a power of attorney

I wish to make a power of attorney butvthro advocate huge underhand money is being asked in UP. Can i do it myself . Pl share steps to follow for property matter

DINESH PARMAR   11 June 2022 at 14:29

Who can lounge the fir

I just want to know who can file FIR (the REGISTAR or private person) u/s Sec 82 of the registration act

Police can write sec 82 in Fir
POLICE CAN INVESTIGATE THIS OFFENCE

Anonymous   10 June 2022 at 11:42

Query on clause inserted in marketing agreement

To
The respected fellow experts
In our Company agreement made with various buyers where our company sale products to them on credit . One clause inter alia states that "price for the goods sold to be paid within 15 days from the date of delivery of the products".
But it was noticed by our marketing department that within 2 to 3 days from the date of delivery the buyer/customer placed a new order without clearing the payment due for earlier order.Due to this our debtors balance increase significantly .
My queries are :
Can we insert any clause where a time gap (say 20 days from the date of delivery of products to customer) restriction between 2 orders be imposed. So that payment due on previous order will released before accepting the new order from customer ?
and
If payment is due from customer for earlier order can the company refuse to accept subsequent order from that customer ? Although there is no such clause in the agreement.
Regards
Abhijit

Roy k.george   08 June 2022 at 10:18

Land acqisition

send an query on 29-5-2022. asking advice. no reply yet
Roy

meenakshi S   07 June 2022 at 13:35

Property transfer right

Property purchased on wife name with husband money and husband is died now..
will she transfer property only to one son among three sons ??

Suganthi Subaramaniam   07 June 2022 at 10:52

Civil appeal maximum time limit - supreme court of india

Expert Sirs,
I lost partition Suit First Appeal (AS) in the Madras High Court in December 2021 . How many days has given (maximum) grace period to file Second Appeal in the Supreme Court of India.



Kindly advice me Sir,
Suganthi

Thank you