kranthi kiran
26 September 2009 at 12:39
A has been issued with 38-E, Ownership Certificate, under A.P.(T.A) Tenancy & Agril Lands Act. The said certificate issued to A with the consent of the Protected Tenent only. A is daughter's son of Protected Tenant. After 33 Years the said order is challenged by the sons of the Protected Tenant (P.T)before the High Court in the Year 2007. Apart from that the sons of said P.T filed a suit for partition before the District Court in the year 2009. The sons already know taht the land is already alienated by A way back in 2005 and have even stated the same in the Plaint. The subsequent vendees are also made parties. My client is one of the such boandfide purchaser.
Can the property be treated as ancestral.
Does the suit is barred by limitation, though there is no limitation for filing partition suit.
Please give some suggetions for preparing for W.S
Amandeep Singh
24 September 2009 at 23:00
Sir
My father has signed a compromise under influence and threat by a person for sale of the property and that compromise was signed in the court because that person had filed false cases and police complaints against us and we have copy of such complaints.Pls suggest valid grounds for filling an appeal for setting aside such compromise or consent decree.riven
rajvinder singh
24 September 2009 at 21:08
my query,sir but i confused sir i am confused because additional evidence will take place only when the evidence has already been taken place before lower court.in my case evidence has not taken place .now at this stage should i move application under 41 r 27 or simply move an application for placing the photos on fie
riven
kuruvanagaraju
24 September 2009 at 19:31
. I belong to Alur kurnool (Dist) of Andhrapradesh and presently residing in Jodhpur, Rajasthan. With an ambition to support my family and to get self employed I contacted “M/s VENUS TRADING COMPANY, WZ-508/1, Basai Dara Pur, Behind Ramesh nagar Metro Station Delhi-110015 ” based on their advertisement placed in the daily news papers “Rajasthan Patrika” and “Dainik Bhaskar”. After going through their website www.venustradingco.com and written material supplied by them I paid them Rupees 2000/-(Two Thousand) in advance vide bill no 507 dated 18 Apr 2009 and later I paid the Rupees 48,000/-(Forty Eight Thousand) for the six head thread winding machine. As per the agreement they have to supply the raw material of 240 kg/week and pay the labour charges of Rs 35/Kg for the finished goods what we supply to them. With the machine they supplied only 40 kg of the raw material which is costing Rs 900/- and after finishing 18 Kg of the raw material we sent back to them. Till now the company has not paid the labour charges and not supplying the raw material and not returned the agreement which I sent back for correction in respect of transportation charges.
3. The original cost of the machine supplied by them is only Rs 27,000/-(Twenty Seven Thousand ) as per the original bill received by me where the company received Rs 50,000/- from me. Besides over charging they supplied me a faulty machine. The company neither rectifying the faulty machine and nor replacing and not supplying any raw material. My repeated letters for the return of the machine to the company became unclaimed
hence i request you suggestion and helpriven
Amandeep Singh
24 September 2009 at 12:42
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.The person is not allowing us to sell the property and waiting for the time to get the property auctioned. A lawyer is suggesting to file an appeal to cancel the above decree on some grounds. Can anybody suggest some solid grounds for the cancellation of the above compromise.
riven
Amandeep Singh
24 September 2009 at 12:41
Sir,
My father got property share under arbitration award between three of the brothers including my father, but after the award got registered and became a decree and my father's brother challenged on some false grounds claiming large amount of money from us and finally in order to settle the dispute we admit to give the amount of Rs549000 on sale of our property in which we are living and he is also living with us in a room occupied by him.Now when we are ready to sell our house he is demanding 8 lacs more to vacate the property. We are at a loss to know what to do please suggest should we go to court again as the below mentioned compromise deed also written in the courts.
My father Sarvjit Singh
His brother Kuljit Singh
This Compromise Deed is executed on 18-02-2009 at Ludhiana amongst Sh.Kuljit Singh-Petitioner and the respondent No. 1 & 3.
Whereas the aforesaid objection petition is pending against the Arbitration Award dated 11-12-2007 registered on 14-12-2007 with the Sub-registrar, Ludhiana in this Hon’ble Court.The parties have arrived at Compromise and terms & conditions of the same are as under, which is part & parcel and suplementary to the said Award.
1. That the H.No. B-I-815, Ludhiana will be sold in the open market by Sh. Sarvjit Singh within 6 months from the date of getting a T.S..-1 from M.C. Ludhiana. The original time period of 6 months for selling the house will be extended for reasonable time, if any legal complication arises.
2. That none of the parties and their family members of the Arbitration Award shall have no right to purchase the said house in any manner directly or indirectly.
3. That till the sale of the said house, Sh.Kuljit Singh –petitioner has a right to stay and enjoy the said house in a husbandry manner.
4. That after paying Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) to Sh.Kuljit Singh-petitioner by Sh. Sarvjit Singh-respondentNo.1, rest of the consideration amount will belong to Sh. Sarvjit Singh absolutely.
5. That the said amount of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) shall be paid by Sh.Sarvjit Singh-respondent No.1 to Sh.Kuljit Singh-petitioner at the time of the sale of the house out of the sale proceeds.
6. That on receipt of Rs.5,49,000/-(Rupees Five Lac Forty Nine Thousand only) ,all the claims of Sh.Kuljit Singh-petitioner in respect of the estate of deceased Sh.Gurcharan Singh,father of the objector/petitioner,shall be fully settled and nothing shall be remained due towards Sh.Sarvjit Singh and his family and Smt.Surinder Kaur- respondent No.3.
7. That the above said terms and conditions are part & parcel and suplement to the said Arbitration Award and the same is enforceable and executable along with the above said terms.
8. That each party will give his affidavit regarding no objection for the change of ownership as per the Arbitration Award.
and sir please tell what relations are covered in the term family members.The person is not allowing us to sell the property and waiting for the time to get the property auctioned. A lawyer is suggesting to file an appeal to cancel the above decree on some grounds. Can anybody suggest some solid grounds for the cancellation of the above compromise.riven
kamala
24 September 2009 at 12:23
I would like to know about the hindu succession act - whether on death of husband should the wife repay his debts
is it compulsory to produce succession certificate to the bank for changing the liability in her name
if the bank had not asked the person to pay from january 2006, whether law of limitation would apply as on january 2009riven
lovababu
24 September 2009 at 11:27
Father earns his own capacity a house property dies leaving his children and property to his wife without any will.
Can the daughter of such deceived father claim her share in that property? who is owner of such property?riven
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Mandatory Injunction
Our factory is getting power supply from the electricity pole standing at western side of building, since last more than 40 yrs. Said pole is nearby the building and most safe.
All of a sudden, MSEDCL (Maharashtra Stat Electricity Distribution Co. Ltd.) cut the power supply from that pole and connected it from the pole standing at northern side of building.
There is Govt. road in between the factory building and newly connected pole. heavy traffic flowing throuth the road. There is public as well as privet nuicense.
I have file suit for mandatory injunction against the MSEDCL along with the appliction of temporary injunction.
is there any chanse of success ?
pls. inform me if there are some rulings in favour or against me.
Thanks.