G.L.N. Prasad
15 December 2017 at 13:13
Please help me in providing the original link to following original judgment:
"An observation or even a finding that the defendant has not proved his title in a suit schedule property does not operate as resjudicata
ILR 1998 (3) KAR 2005
Mustafa Bhat
15 December 2017 at 12:49
I have enhancement petitions for my baby going in court of CJM through mother who her self is a gazetted officer drawing more salary then me ..I requested to court for increase from 2000 to 4000 but the lady is demanding 10000 to 15000 and didn't agreed on my submission . They are now producing witness in court, one of witness has mentioned exorbitant school fee & bus fee for his baby (witness baby)... For which my counsel protested by saying witness is lying b4 court & has asked for production of school fee & bus fee documents, on which the lawyer from opposite party raised hue & cry & said the witness is not required to submit the documents of fee of his child .Judge has kept it for argument on next date.Is there any Judgement/ citation /law which makes it mandatory for the witness to produce the documents of fee of child...Need an advise plz.
rob
15 December 2017 at 12:41
Dear sir,
My mother has registered her property will ( registered will) in my name. I have one more brother and sister, and she has not given anything to them as I cared my mother. Now after her death , I submitted documents to patwari, but later they tell me that mutation ( intkaal ) cannot be completed without the signature's of my brother and sister , as orders by tehsildar. But my question is that I still need permission of my brother and sister, even I have registered will in my name or tehsildar and patwari want some bribe as harassing me.
Anonymous
15 December 2017 at 11:55
I had entered into Agreement to Sale as buyer for purchase of property in Delhi. I gave 10% of sale value to the seller as earnest money. As per terms & conditions of ATS the balance money was required to be deposited within 60 days else the earnest money would stand forfeited. However, I could not pay balance amount due to fund crunch and loss of job of my spouse. I intimated the fact to the seller and requested to refund the money. Also that I wont be able to pay being sole earner and heavy expenses of my children on studies. The seller keeps saying that he will refund the money. but he has not refunded a single penny. I keep on requesting him that it was all our hard earned money but it seems he is in no mood to return. I have also offered him to retain a portion of the earnest money and pay me the balance. But he keeps saying I have no money to return you. I will pay when I will receive through sale of this flat. The 60 days time limit in ATS has expired. Is there any legal relief available? Kindly advise suitably.
Balaji
15 December 2017 at 11:16
Dear Experts,
I got Married in June 2008, My wife with Adamant Character and Affair with her Colleague. Lived with me only 15 Days.
For Small things she quarelled and Create a big issue and ran away to her mother's house.
She wants to Live a Independent freedom Life, and not to bind with family responsibilities and honor.
Till Date she wants to enjoy freedom, Going outings and enjoying parties and movies with her Friends.
For Name shake and eyewash to the society, she is using my name as husband.
Myself, family and relatives advised her enough, but she never change her character,
Beyond to a certain extend she hides many things from me and family.
Beyond certain limit, I Applied for Divorce, even after 5 years, I am unable to get divorce.
She filed a Counter Petition for reunion, But it is for name shake only.
As I mentioned, the major ground for Divorce is Adultery, They were asking to submit proof for it, How Can i Prove it.
With the ground of Seperation more than Nine years, and as an Hindu Wife, She doesn't discharge any of her duties, incl. Sex.
At least for Proving the above, what type of Documents, I need to Submit,
My Aged Parents also suffered a Lot in this Tragedy.
Please advice on the above to get Divorce as early as possible.
Regards
Balaji
jyotsna
15 December 2017 at 10:21
Sir,
We bought a home during 2008 and my husband mortgage other house and took business loan against that house. The other house is in my name to take business loan bank signed an agreement that my husband who has taken loan against property will pay the instalment s. Now my husband is trying to sale out that flat he stopped deposited instalment, bank approached me to deposit instalment, one of the employee of bank is my husband known , I asked bank that in that case , please advise my husband, they said we will sale out the flat, I told the bank that without informing me without notice how can you do this and , secondly, bank informed me that in case my husband deposited all the instalment, the property will ho in his name.
I disagreed with the bank staff that I am helping my husband and if he pays all the instalment it does not mean the property will go in his name.
Please give your expert advise.
prakash
15 December 2017 at 09:48
sir,
Is it necessary to link aadhar with pan if a person has pan but his income income is below taxable limits and also does not file the return.Please advice.
Swathi
15 December 2017 at 07:05
Good morning sir/madam,
How long it will take to get legal heirship certificate from kerala?and how to apply for that?how to proceed that?both father and mother died...i got the death certif of both...want this certificate for the property partition
Anonymous
15 December 2017 at 05:58
I am planning to purchase the house and have a quick question as follows. Need your help. A person died intestate leaving mother, wife and two children. He is having some amount of money and two assets A and B. Now without learning the law, his family leaving mother(old woman) wife and children went for partition. After realising the law, they have cancelled the partition and included old woman. Property A and B shared by children separately and money shared in common among wife and old lady. Now I am planning to purchase property "A" acquired by one of the children. Old lady died recently. My question are as follows from bank loan perspective/self purchase:
1. Is it mandatory that I need to get all the signatures of the people among whom the partition happened? If yes. Then what to do about the old lady as she is no more.
2. Or is it fine with the signature of the child from whom got the A share
3. They didn't raised about the cancellation of the initial partition in the fresh partition. Will that be a problem?
Please advise.
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Reesjudicata
The following is HC judgment in a partition case seeking her share of property by plaintiff with pleading that fraudulent and collusive alienation by her undivided son in earlier specific performance suit expartee decree is not binding on her share of property. The appeal was against dismissal by trial court that she has lost possession long back and she has to file declaration suit and must pay Adv.Court fee. The contention at the trial court is that alienation by her son can not bind her share of property and hence a general partition suit was filed.
Therefore we hold that the suit for partition is not maintainable without seeking a declaration that the decree and judgment in the suit for specific performance in OS No.54/68 are not valid and not binding on the plaintiff
Please guide as to whether
a)a finality was reached on partition suit.
b)Whether resjudicata applies now for filing of declaration suit praying for setting aside expartee decree as directed by HC.
c)The commencement date of limitation when a document concealed by the parties was discovered in the record of Public authority on 23-3-13 was filed before HC,. This document was admitted as concealed, contents were discussed in main judgment, but contents were not admitted stating that officials of public authority were not examined during trial.
d)Whether court fee has to be paid on all reliefs separately on prayers for 1)setting aside expartee decree,2) cancellation of sale deed, and on other 3)individual partitions in purchaser family members when the pleading is fraud on court by their father plaintiff in specific performance suit and misrepresentation and when such partition was done by plaintiff's members to defeat the rights of plaintiff during litigation and during status quo order by Court.