Riya
09 February 2016 at 23:14
Please provide me the sample of DEED OF SOCIETY which is going to form in West Bengal, Please its urgent.
skms
08 February 2016 at 14:57
Dear Experts,
I have posted the question in forum but didn't get any replies, I request your help on it
One of our tenants, (whos agenda is to claim adverse possession though no suite have yet started) , filed a caveat for do not obstruct the wide road they are using around 10 feet, which is through our land , which is through center and it divide our land in front to two part. we are agreed to give a 4 feet (I belive 3 feet is the legal right) through side to the house he stays which will give us a one single piece of land in front. entire property is ours , and we are also paying land taxes, building tax (for the house he stays) , the defensive stand instead of filing a suite is to sell a part of property,before starting a legal war.
My understanding that he filed a caveat instead of a suite as he didn't have any legal right on the property, but if we file a suite against him, I believe he will immediately claim an adverse possession, which may take years to settle and until its settled he can enjoy the property as he stays there. I also believe all these caveat filing is for proving his 'Hostile' stands in the court while claim adverse possession.
From my understanding caveat is not a court order, its just a notice. against any legal action , please correct me If I am wrong. My questions are,
What happen if we forcefully close that road and make it 4 feet through side. as we provide passage , we didn't obstruct his easement right, as its not a court order I belive there is nothing wrong in doing so. If he destroy that closing wall , can we give a police complaint, while caveat exists.
Can we register that peice of land in another document while caveat exists, we plan to create another document including house he stays in another family member name, with road described in the document. so I believe the even if its become a suite in future, he can only claim the road in the document which include the house he stays. also it protect our risk to that document while saving the rest of the property. is there any legal restriction on registering a document while caveat exists?
Also he will take income from our trees like , coconut, without our permission. Can we move to file a police complaint/criminal suite for Theft on him?
Looking forward for some lights on these issues. Thank you for your valuable suggestions.
Rajesh
09 July 2014 at 10:50
my friend is a married women and from last couple of years she is fighting DV case against her husband and in-laws. Finally after one year court has given protection order in favor of her and it was also mentioned that the husband or in-laws could not disturb her via any electronic media also. But after some time, she starts getting threating calls from her husband and father in law for dropping the case against them and give them a consent divorce. She is facing hard time due to these issues and she has already changed her phone number several times, but still of no use. She has filled a lot of complaints regarding the same to the nearest police station and police just provide her DD number, but never proceed to take some hard step against them. One of the probable reason is that the in-laws belong to Police departments and thus putting a pressure on the local police for not taking any action on such complaints. After facing such harassment continuously for one year, she has gone to police station with the locals and then in such pressure police has registered a case u/s 354.
Now, question is even after such FIR, the husband is still continuing the threatening calls and indecent sms and now when she complaint to police that it is still going on, the police is saying that they have registered a FIR and investigation is going on. Now they are not taking any further complaint on this issue and told her that there are legal issues which takes its own time.
In the protection order, it was mentioned that police could arrest the husband under DV act which is non-bailable , but since the accused belongs to police fraternity ,they are not willing to register such case against them.
Now, just recently when she pushes the investigation officer for some action, the IO is stating that she should submit her mobile to them, and this will be returned to her only after closing of case. But they are not doing any seizure of mobile of her husband who is still continuously harassing her on phone.
Could you guide to handle this issue, so that the husband could be stopped from harassing her and what are the options available to her to stop this mental torture to her.
Member (Account Deleted)
15 March 2014 at 00:54
My friend is a newly advocate who just started his practice has divorced his wife. He does not have any fix source of income having his own separate ration card but lives in the house of his father who is a pensioner .This advocate has no property in his name. Now my query is that being a newly advocate my friend cannot bear his own expences If his wife files maintenance case then who will pay the maintenance amount to the girl. Whether it can be deducted from the pension of his father.If he does not able to pay the maintenance amount then what step the Honourable Court can take.
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Parking spaces for tenants
I have a flat in a society where the building has more than 30 flats of 1 BHK and 6 flat of 2 BHK. I own a 2 BHK flat and have rented out the same. Since inception (2010) the members have resisted buying the parking spaces from the developer. However a few parking slots are bought by some the members, who were unware about the provisions of the Supreme Court, society have already registered protest against the same with builder and also fighting a case in different matter with builder on this issue. All these years members and tenants used to park their vehicles as per their wish wherever they wish in the society premises. However now society has come up with proposal that the tenants will not be allowed to park the vehicles in the society premises. Here the issue is whether society can restrict parking for tenants ? Is it permissible under the provisions of relevant law ?