Anonymous
30 July 2018 at 19:00
Respected Experts !
Following is my query:-
Facts are :-
1. "A", a tenant is occupying the suit premises.
2. "B" is a co-owner of said suit premises, whose title is absolutely clear and not disputed anywhere. He is also the landlord of "A".
3. "C" is an alleged co-owner of said suit premises, whose title is under cloud and challenged.
4. 'D" is a person who purchased the suit premises from "C" (whose title is under cloud).
"A" is still in possession of the suit premises. Even after the sale/purchase done by "C" & "D".
Said transaction coming to the knowledge of "B", "B" instituted a suit for declaration (cancellation of sale deed) and mesne profits. He also moved an application before the court to restrain C & D from alienating, transferring etc. of suit premises.
Consequently the court passed an order that "the defendants are directed to maintain staus quo in respect to title and possession of suit property"
The Order is still subsisting.
After few years of this order and during the pendency of said suit, "A" vacated the premises and peacefully handed over posession to "B". Consequently, "B" entered into an agreement to sell to a third party, in regard to suit premises only, and for a certain consideration put him into the posession of suit premises.
Consequently, "D" moved an application before the court that "B" has disobeyed the status quo order and he be punished forthwith.
My questions are:-
1. Whether the order passed by the Honorable High Court is binding on "B" as well ?
2. If No, then clarify why not and also acknowledge me certain citations.
3. If Yes, then what is the best remedy available to "B" and the third party who purchased it ?
Kindly Consider and Reply accordingly.
Thanks.
Trixendres
30 July 2018 at 16:40
If a boy and girl want to marry each other both are hindus but girl is related to boy's family that girls is a boy's faher's fater's father's brother's daughter's daughter then they can marry under the special hindu marriage act plzz tell me...
chirag patel
30 July 2018 at 16:34
We are two employees who have challenged our petition in Gujarat High Court. One has challanged in the year 2016 and I had challenged in the year 2017. My friends case in on the final hearing board and comes up on the board on every friday. My case is admitted and still doesnt comes on the final hearing. Since the two cases are similar in nature, can we club these two cases ...what is the procedure to club these two cases.
Mohammed Rizwan Shaikh
30 July 2018 at 15:14
Hi,
In a Testamentary Petition for the Grant of Letter of Administration in HC Bombay, a Caveat was filed and it turned into a suit. A Notice of Motion was moved by the Caveator for the stay over the flat and other property as these property is the subject matter of the Testamentary Petition/Suit. Hon'ble Justice asked to withdraw it as the court does not have jurisdiction. The NM was filed as per the advice of the Caveator's Advocate. As there is a dispute between the Legal Heirs, is it advisable to file Partition Suit or Suit u/s 39 CPC. The advocate has informed that the LH are denying your rights, if Partition Suit is filed you need to be declared as Legal Heir. The Partition Suit will be pending as Testamentary Suit has not been decided yet. Its better to move Suit u/s 39 CPC for stay over the properties and not to forcefully dispossess. Please advice.
Please Note:
The Caveator is the wife of the deceased who holds the estate.
The Legal Heirs purposely denying the rights of the Caveator and illegally claiming their rights over the property as one of the property has been gifted (Muslim) to the caveator by the deceased.
Regards,
Mohammed Rizwan Shaikh
Suresh Rao
30 July 2018 at 14:18
I need expert advice i am facing IPC section 309 fir registered on 2012.
It is true that attempt to suicide decriminalised in india.
Anonymous
30 July 2018 at 13:30
Dear Madam/Sir,
I am adult survivor (aged 23 years). I was been abused sexually by my cousin brother when I was 10 years old.He abused me sexually by touching and licking my private parts.Its so disgusting and hurting for me.I was hopeless when he took to his room and abused me physically.
This pain is haunting me since many years.I have been threatened by him to not share this with anyone.I am traumatised and feeling hopeless.
I am planning to take legal action for the loss and pain I have gone through these years. These people should deserve punishment for their brutal acts.
How do I go about it? Please suggest me.
Anonymous
30 July 2018 at 10:47
Dear Sir,
.This is with reference to layout made in the year 1981. In 2017 development plan of city for the survey which we owned , there has been shown 2 nos of Primary School(P.S) . But layout which I have got from one of the sale deed shows only 1 primary school. How to get confirmation about this , since layout is of 1981 and my father died in 1999.
Also when I looked for property cards, there are 4 open spaces according city survey which was done
in year 1999 where still my grandfathers name is present for 2 open space.But sale deed layout show
only 2 open space whose addition is 6000 m2. In layout of city survey there are 2 extra open space which are plots in sale deed layout . My question is CITY SURVEY DATA IS AUTHENTIC OR 7/12 PRESERVED
BY TALATHI is realistic.
Anonymous
30 July 2018 at 10:25
After my husband death, I transferred the house on my husband name to me , my son, my 2 daughters.
Later my son left me and went away stating that I am a burden for him and as he is now already a part of property hence he do not need to take care of me or not bounded to stay with me. I stayed alone in waiting for him to come back from past 4 years but he did not return only calls to know when I am selling the house so that he can take his share.
My one daughter is married,the other unmarried daughter was also working in Delhi but due to my bad health she left her job and shifted here to take care of me.
I was very much attached to my son in comparison to my daughter. But now facing the reality I understood the truth.
Now my daughter says we don't have money and I don't want to marry as in Brahmins the dowry is too much.
I want to disown my son and elder daughter from my husband house now and transfer it again only on my name.
I approached some people they are asking 2lakh to remove my son and daughters name from khasra And khatuni. I can't afford this huge money to pay.
Kinldy advice what I can do so that I can change the name to my name disowning my children.
I really need help.
Goapl Garg
30 July 2018 at 08:17
A Residential Flat Owned by me ( an Individual ) is Mortgaged as a Third Party Mortgagor (the liability being defined Only Up-to the Value of the Mortgaged Flat in sanction letter ) towards Credit Facilities obtained by a Pvt Ltd Company whose account is NPA and have been referred under IBC. Myself is neither promoter, nor Director or shareholder in the borrowing company. The Promoter Director and sole shareholder of the borrowing company has expired and the borrowing company is deserted as his heirs are keeping away from the company to avoid any liability.There is no one who can be even contacted at borrowing company.The company has no tangible assets except two properties under mortagage owned by promoter and three properties(including mine) under mortgage as third party mortgage.The Bank is even not supplying any information about the latest valuation of my flat even if I may courage for discharge by payment.
Query:-
01. Whether the appointed RP shall have right over such TPG mortgaged Flat and can liquidate it while resolving the account.
02. Whether the RP shall give opportunity to me /first right to redeem the Mortgage by making out Value of the Flat.
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Decreed Suit
Sir,
Iam Bank manager and in one of my case
Which was decreed on 20-10-2005 final decree against mortgage suit. Party came for settlement and remitted Rs. 100000/ ON 25-10-2010 and there after bank officials not followed the case and misplaced the bundles. I found the case bundles and hand advocate on Feb 2018 and my advocate say it's time barred. In case the EP was filed or not no information with the file. Original case was filed in 1989. I need guidance in the issue.