yashwant goyal
11 May 2010 at 22:14
Message : res sir kindly provide me case law and ruling for property settlement of HUF in case of property already settled and distributed by some members of the family full and final and remains property and reaming members are held to be owner or treated as a owner or rights on those undivided property or ALL MEMBERS including who found before divided property are also challenge the property or not. Can all member challenges all property or undivided property or only members who has found no any property can only claim this undivided property. Tell me law of this. My English is too poor kindly ignore typing mistake plz provide me guide
BRITTO
11 May 2010 at 12:16
CHENNAI H C IN JUDGEMENT ON 12.4.07 IN THE CASE FILED BY DEVI NAGAR RESIDENTS, COIAMBATORE HAS RULED THAT THE LAND ALLOTED FOR PUBLIC PURPOSE CANNOT BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT IS RESERVED. I PURCHASED A 2400 SQ.FT LAND APPROVED BY CMDA, RESERVED FOR PUBLIC PURPOSE IN 1998 BUT IT IS CLEARLY MENTIONED IN THE APPROVAL GIVEN BY THE CMDA THAT THE SAID LAND IF NOT TAKEN BY THE GOVT. WITHIN ONE YEAR FROM THE DATE OF APPROVAL, COULD BE SOLD BY THE PROMOTER BUT SUCH LAND SHOULD BE USED FOR RESIDENTIAL PURPOSE ONLY. KINDLY CLARIFY THE ABOVE POINT. WHETHER I CAN SELL THE LAND ?
I GOT REPLY FROM MR. RAJ KUMAR MAKKAD THAT I COULD SELL THE LAND FOR RESIDENTIAL PURPOSE. MR R R KRISHNA IS REQUESTED TO CLARIFY THE FOLLOWING.
SINCE THE CMDA HAS PERMITTED TO USE THE LAND FOR RESIDENTIAL PURPOSE ONLY AND I BELIEVED IT AND PURCHASED. CAN I SELL THE LAND FOR RESIDENTIAL PURPOSE?. MANY PEOPLE HAVE ALREADY CONSTRUCTED HOUSES ON SUCH LAND AFTER OBTAINING APPROVAL FROM THE LOCAL BODY PRIOR TO THIS JUDGEMENT. IN WHAT WAY THIS JUDGEMENT AFFECTS PEOPLE LIKE ME AND THE PEOPLE WHO HAVE ALREADY CONSTRUCTED HOUSES ON SUCH LAND?
Anonymous
07 April 2010 at 13:52
I bought a commercial office building, where my company was and still is, a tenant, under Sarfaesi Act 2002 at a bank foreclosure auction. After a 2 year legal battle (appeals upto SC by the borrower/Owner and again at DRT) the title was vested in me. I managed to throw the Owner/borrower out. But a pre-exisiting commercial tenant (actually two companies under same proprietor) refuses to vacate, has not been paying the pre-existing rent etc.).
My attorney filed 2 cases for eviction under the Rent Control courts, against the 2 companies. Almost 2 years later, it still has not come to trial, while the tenant continues to enjoy the property rent free.
Could this have been filed any where else other than the Rent Control ? I am told that this should have been easy and quick and should have been filed in HC, due to purchase under Sarfaesi? Even if I get the eviction order from Rent control (or HC), I am told that this can go onto appeal? The tenant is hard to work with. Answers & advise?
Suri.Sravan Kumar
06 April 2010 at 20:37
the question is the owner of the car (private car meant for personal use) let out his car on hire to some persons. The vehicle met with an accident and one of the passenger in the car died and his LR'S filed claim petition before MACT claiming compensation against the owner of the car as well as Insurance Co.
In the cross examination it is proved that the deceased paid Rs 3000/- as fare charges.
the point is since the vehicle is a private car and the car was let out on hire Policy does not cover hire or reward.
Any judgements to show that Insurance company is not liable to pay compensation as the vehicle was let out on hire.
jayachandran
04 April 2010 at 11:49
Our client had refused to accept the L/C wherein the purchaser extended its validity without specific authorisation or permission from the beneficiary.
Whether the beneficiary can refuse to accept the L/C.
Will it amount to termination of contract automatically.
What is the consequences.
PL. answer
Jibanananda Goswami
01 March 2010 at 02:14
http://www.openrti.co.cc/
Kindly visit the link. If the page have any problem, download the zip file. I have never heard of this type problem before. If anybody have seen this type problem, kindly post an article in this club.
The main question confusing me is "Why these are going on?" This is not a normal situation. Most people generally search legal advice in abnormal position. But this case is beyond my range. I can go to the Court and fight and win, but I failed to understand the reason on the actions. So I am putting the problem for the world. Kindly analyze and help.
Manish Kumar Gupta
05 February 2010 at 19:28
Dear All
We remember that levy of service tax on ‘Rent’ was held ultra vires by Delhi High Court in case of Home Solution Retail India Ltd. Vs. UOI and others (2009) 20 STT 129. Union of India- who was the respondent in said judgment filed a SLP in Supreme Court, praying inter alia for stay of operation of Delhi High Court judgment. However, the Supreme Court did not stay the operation of Delhi High Court judgment, but issued notices to parties concerned to file their replies. During pendency of matter in Supreme Court, Revenue authorities instructed their field officers by way of Instructions dated 15thJuly 2009 to take necessary action to safeguard revenue by either pursuing the tax payer to pay up the service tax or resort to means under law. The Instructions issued on 15 July 2009 were challenged by SSIPL Retail Ltd. in a Writ petition filed before Delhi High Court who has taken strong objection to said Instructions and it was assured by Additional Solicitor General, appearing on behalf of the Union of India, that corrective steps will be taken to issue further instruction, in super session of earlier instructions, to not to demand service tax till such time Supreme Court decides the SLP.
We want one clarification that if it is applicable on the properties situated in other states.
Please resopond.
Regards,
Manish
We
vinod kumar singh
08 January 2010 at 11:06
I want to purchase a premises of which Rent Reciept is in name of Pvt Ltd. Comany.
in view of that i am taking over the company by purchsaseing the shares of compnay in my name. Rent receipt shall be contiune in the name of original name only.
in future, can Landlord sue that there is a trasfer of shares violate the provision of tenancy laws and can file eviction suit against purchaser.
M. PIRAVI PERUMAL
07 January 2010 at 14:12
Can any of our learned members provide me any GO issued by Government of Tamil Nadu in respect of usage of special adhesive (NJS)in affidavit to be sworn before notary public ?
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Purchase of property
Dear Sirs,
One of my client intented to purchase two different properties. When I scrutinising the documents, I have got some clarifications.
a. First item of property and its larger extent was purchased by one Ramasamy during the year 1965. He settled the portion of the property to his Minor son Ramesh through his junior wife Latha in the year 1976. The settlor gives only life interest to his junior wife and his minor son, the absolute right goes to the male legal heirs (Grand sons of the Ramasamy) of his minor son Ramesh. The settlor Ramasamy died in the year 1978. His son Ramesh died in the year 1987 as unmarried. The said Ramesh got four married sisters. His mother Latha filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2008. The said Latha sold the said property in favour of the present owner. Further the said Latha died in the year 2009. My clarification is that both the Mother and Son have got only life interest, then how she sold the property without obtaining signatures from the other legal heirs of the settlor. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with suitable case laws.
b. Likewise, the second item of property and its larger extent was purchased by one Murugan during the year 1975. He died intestate in the year 1979 leaving behind his senior wife, junior wife, 2 sons and 2 daughters through his senior wife, 1 sons and 3 daughters through his junior wife. The said legal heirs partitioned their properties during the year 1983. Under the said partition F Schedule property was allotted to his Junior wife and her son for their life interest and their life time the property shall be goes his (son's) male heirs. The said died in the year 1987 as unmarried leaving behind his mother as his Class I legal representative. His mother filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2007 and his mother sold the said property in favour of the present owner. Further she died in the year 2008. My clarification is that both the Mother and Son have got only life interest, then how she sold the pproperty. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with case laws.
With Regards,
P.Balasubramaniam