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Dr.SAAIE KB   11 September 2023 at 01:59

Civil miscellaneous application

I am a senior citizen and wish to avoid traveling.

I request the learned community to help me by posting format or template of Civil Miscellaneous Application and Criminal Miscellaneous Application of H'ble High court of Andhra Pradesh.

In an Interim Application the first appellate ADJ dismissed my petition under Ord XXXIX CPC seeking interim injunction. Now I am considering to go in appeal to High Court under section 39 of Specific Reliefs Act. So I want to see the format of appeal petition. The case is a bit complicated to explain in detail here. There are 5 defendants and D1 to D3 are proceeded ex prte. I signed agreement for sale with D1. D1 sold suit property to D2&D3 after filing suit for specific performance. D2&D3 sold to D4 & D5 that is hit by lis pendency- an issue framed by trial court. But the trial court in it's judgement did not touch the issue framed by it. But partly decreed in my favour ordering D1 to pay back my money with interest- ₹25 lacs. Now a new situation cropped up. D1 is insolvent. How to solve the issue of lis pendency? Now I want a lein on disputed property. D4&D5 have no locus standi legally to claim the disputed property though the disputed property is registered in their name by D4&D5.


Kindly help.

Regards and thanks.

VISHAL RAJENDRA KIRAD   10 September 2023 at 14:49

Recovery of money

my client make an agreement of purchase of flat and seller of flat agreed to pay the TDS against consideration on behalf of my client but the seller had not paid the said amount of TDS

Now my client suffered and received TDS intimation and income tax notices for payment of TDS and now my client has paid the TDS amount and my client want to recover this paid TDS amount with interest and penalty on TDS payable to income tax department

which section and act is applicable to file the suit against seller

Anonymous   07 September 2023 at 14:09

Legal buy a dc converted site which belongs to sc/st land?

Dear Sir/Madam, I have bought a residential site 3 years back in Bangalore Rural district of Karnataka. It is developed on a property belongs to SC/ST which ancestral property for the original owner. We have documents from 2000-2001 that shows this is a ancestral property. This property developed by a Developer based on GPA given to him from the original owner of the property. GPA holder (Developer) sold the sites to us in 2016. Here are my questions regarding my site which I bought. 1. Do you see any issues buying a developed site developed on SC/ST ancestral property? 2. Sale deed is signed by GPA holder and not the actual owner, Do you see any issues here? 3. On the registered GPA, they have shown the amount settled(as part of sale) for actual owners of the property. Is this legal? 4. Revenue records still show original owner with revenue authority even after DC conversation of whole land. Any issue here? 5. Do you suggest me anything which i need to take care before I get into legal issues?
Kind Regards

muddu   07 September 2023 at 14:06

Can a sale deed be questioned after 52 years?

Respected Sir/Madam,

I need a suggestion on the property purchased via a Sale Deed in Karnataka.

We purchased a agricultural land nearly 1 acre in Karnataka in the year 2019 on absolute sale deed.

1. This property is originally partitioned in 1968 to second wife (Party1) of a person purely for maintenance not for sale. 

2. Party1 sold this property to a purchaser (Party2) in the year 1970 via a registered sale deed and got khata and mutation

3. Party2 sold this property to another purchaser (Party3) in the year 2004 via a registered sale deed and got khata and mutation

4 Party3 sold this property to me (party4) in the year 2019 via a registered sale deed and got my Khata and Mutation in my name and absolute position from last 3+ years

Now, in May, 2022, Party1's grand children have filed a civil suit in Sr Div Civil court saying that Party1 did not had the right execute the sale deed and property to belongs to them. 

Only ground the petetioner claiming is that when the property was divided between first wife and second wife(Party1) by their husband, in the partition document in 1968, it is written that second wife(Party1) cannot sell the property and can only enjoy the property till her death and after her death, the property should go back to first wife's sons. Petetioner is the grand childeren of first wife.

Here are my questions which I need your advice on.

1. Will this civil suit impact my rights on this property?

2. Party1 has passed away in the year 1974, Can her grand children question the all 3 sale deed transactions after 48 years?

3. Can the partition deed deny the right to execute sale deed for second wife of a person i.e. Party1?

4. Is the Petetioner claim is valid in the eye of Hindu Succession law?


Kindly, advise me on this.

Thank you.

Muddu

Anonymous   03 September 2023 at 09:27

Two cases for same offence

A person was fined for Rs 100000 in Consumer Court for unfair trade practice. Can the complainant file a case under sec 420 in police station or Court for the same offence.

Anonymous   02 September 2023 at 23:38

Consumer court

Can a pro forma party be converted to necessary party as per changing facts and circumstances of case. This is consumer court case where necessary party is placing blame.on pro.forma party now...I need to change them.to necessary party to seek relief.

Anonymous   29 August 2023 at 22:15

Police using foul language

What should we do when Police uses foul language without any mistake?

Sreekumar K B   29 August 2023 at 12:50

Witness signature

My son is entering into sale agreement to by a flat. Can I or my wife sign as a witness in the agreement. Or the witness should be a person of NOT blood relation.

brsasireddy   28 August 2023 at 18:47

Daughters rights on ancestral property

All,
I am planning to buy an agricultural property in Tamilnadu about 1 acre. Going back to history.

It is an ancestral property. The father had 13 acres.

Three of their sons divided the property equal share 4 acres each and 1 acre given to mother in 1999 by registered partition deed without 2 daughters (Father died in 1995 and daughters never signed the 1999 partition deed). In 2009 the daughters went to court and filed suit for their share. The case is pending last 14 years and no light for them. Now one of their son is selling 1 acres, I would like to provide you opinion the risk of buying this property.
My two questions please,
1. What is the risk of buying this property from one of their son.
2. How the Dec 20 2004 amendment to the daughters coparceners rights affects this property, as already partition happened in 1999.

Thanks
Shashi



Anonymous   28 August 2023 at 16:48

Tranfer deed can be treated as a release deed

Sir a tranfer deed can be treated as a release deed.
Please provide any citation if you have.