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Queries Participated

Anonymous   23 February 2011 at 10:19

Need help on Ancestral property division

My grandfather passed away before dividing his property between his 3 sons. My father too passed away before the division of property. Now my uncles want to divide the property. The property had six blocks which were rented since more than fifty years.All the guys whom it was rented vacated except one who is asking money to vacate since they have been staying there for more than fifty years and no rent has been taken from them or any such records are there.
Now my uncles are saying since ur father had agreed in written to get that block vacated u would have to pay for it and get done. But my question is since the division has not happened and since my father never rented that property but it was since my grandfathers time people have been staying there, why should i pay. And if division has to happen of that property everyone should bear that cost to get it vacated and then only division should be done legally. My uncles say they have written stamp paper of 100 rs. where my father had agreed to own that side of property and taken ownership to get it vacated himself. My mom says it was just a suggestion and roughly done on paper but the same was not registered legally.
I want help on this urgently and want to know best way goin forward,

Anonymous   17 February 2011 at 10:25

Auction sale

I have purchased a property from Auction sale from DRT .Now I came to know that the same property is attched in another suit in civil Court by another person in money suit and he is having second charge over the property. What can I do now? Whether the second claimer can made any claim over property ? Thank You.

vijays   17 February 2011 at 08:37

AGREEMENT TO SELL

IF I EXECUTED AN AGREEMENT TO SELL ON 100 RS.STAMP.PAID ALL CONSIDERATION BUT NOT TOOK POSSESSION.AND AFTER THAT VENDOR IS UNTRESSEBLE/DIED.AFTER 3YEARS SAID FLAT IS IN HIS NEPHEWS POSSESSION.
WHAT IS THE REMEDY FOR ME?

prasad   16 February 2011 at 19:40

partition suit priliminary issue

plaintiff had filed original suit in 1999 .My father (Def no 1) died 29.01.2003 .our advocate had intimated on very next date. In May 2005 court had passed order suit abated against defendants no 1 decedents as no Lr brought on record though sufficient time is granted. In suit 30 defendants also .We Lrs of Def no 1 in possession 60 % of suit property .Plaintiff tactically withdrawn original suit in dec 2005 subject to filing fresh suit saying as another few defendants also died so its easy to file fresh suit rather than continue original. In 2006 filed fresh suit on same cause of action.

Court has allowed to argu on our preliminary issue apllication.we put two issues .next date after 15 days.

1) Suit is not maintainable as Or.22 r. 9 on ground suit is abated against (we are LRs of defended no. 1.
a) I have to ask 1) what kind of defense plaintiff can take.

2) Pecuniary Jurisdiction is 1 Lakhs to JMFC
Most of suit property is agriculture land. Plaintiff have said only 17 guntha is Non Agri we are bringing on record 40 Gunthas are N.A.though he suits value doesn't go so far 2 lakes .plaintiff will pay differential amount & may continue suit.

Out of suit properties some already sold before filed of suit those are also made parties. Purchaser developed the properties
B) I have to ask --Can we seek the cost of construction is also subject to suit valuation.
constrution made by purchaser is more than 60 lakhas.

Anonymous   16 February 2011 at 17:31

partition

Sir,
Iwould like to know the share of the son in a HUF property being the only son and 5 sisters my father has some own and ancesterol property and he expired in 1991
Please help me

Anonymous   16 February 2011 at 12:57

r deed

my brother n sister signed a relinquishment deed in my fathers favour(REGISTERED R -DEED) and he gifted the property to me (not ancestral)

can my brother or sister challenge or deny signing the r-deed in future can it be cancelled on any grounds

Anonymous   16 February 2011 at 10:41

Stamp Duty paid for sale deed

I hv come across a document wherein the seller say Mr. A is mentioned as the first party and the buyer say Mr. X is mentioned as the second party. However, while paying the stamp duty (e-stamp purchased) Mr. X the buyer (who has paid the full amount) is mentioned as the first party and Mr. A the seller is mentioned as the second party.
Does this effect the transaction in any way? Can the legality of the document be challenged or are there any possibilities that Mr. X the buyer in this case will face any problem in the future if he wants to sell the property? If yes, how can the rectification be made at this stage it self? The Document has already been registered.

Anonymous   13 February 2011 at 12:06

Divorce

I am a 35 year old guy been married for 11 years and have a son who is 4 years old. i am my wife had issues right from the start which led to lot of fights and i was also subjected to physical and verbal abuse by her. When the same was not getting resolved, i moved out of the house in april 2010 and have been staying out since. i have been paying my sons school fees and also saving money for him in a bank account. I need to know how can i go ahead with the divorce and whether staying seperated for 1 year without any contact is a ground for divorce and will be same be easy or will have to be contested.

MADHUR   13 February 2011 at 12:00

ICICI Bank savings account debited without any notice

Dear Sir,

I’m "Madhur Sharma” working with a NGO as a Manager. I have a Saving Bank Account in ICICI Bank (A/C# 049801000338), Ambala Cantt Branch. And also ICICI issued Credit Card number is 4477463132691003.

The card limit is Rs.30000/-, but I had paid more than 30000/- to the interest part. and 4200/- as the
late payment fee and over limit charges. I am using this card from 06-2008 and regularly paid all the
dues but from last 3 months I had faced some financial troubles and failed to paid the dues.

Last week one of the ICICI representative called me and offer me for the settlement. I told him that I want to continue the Credit Card and I am ready to ay the minimum due amount but he refused it and then I agreed for the settlement.

But same day in the evening time I tried to withdraw the cash from ATM, I came to know that ICICI Bank debited the 17,635.71 from my account. I had call the customer care and they said that they do not have any control on this issue and asked me to contact the credit card division. And I have called credit card division, they also replied that they do not have control and asked me to contact to Settlement department. But I didn't get any satisfactory answer

Can the credit card company block my bank account with out notice, can I take any legal action angaist ICICI Bank. Please look into this issue

Thanks,

Madhur Sharma

+91-9416301053

Sanjeevappa. L   13 February 2011 at 11:45

Public interest litigation

One X had filed a public interest suit in respect of a property and the suit has been decreed in the trail court. Thereafter defendant had preferred a regular appeal. During the pendency of the said appeal the X had died. No other person are in the appeal to continue. What will be the result.can the appeal continues without any respondent. Or Does the legal heirs of the X has to be brought on record. Or who are the next persons to be brought on record to continue the Appeal. Please advise me. Warm regards. Thanks in advance.