Rishi Gupta
09 September 2022 at 23:21
My neighbors made illegal constructions (ground and 1st floor) and the matter was settled in Lok Adalat as Decree wherein the neighbors given a written statement that they will not prevent the authorities from demolishing the constructions. However, only cosmetic demolition was done by Municipal Corporation of Delhi. Further, the MCD has regularized the ground floor illegal constructions eight months after the Lok Adalat decree since they are politically influential people.
The cosmetic demolition was carried out on different dates and every time the neighbour reconstructed it which itself shows that the demolition did not took place effectively,.
When MCD team last visited for demolition, they were attacked by the neighbors and we made the audio and video recordings under section 151 to the court and given written compliant to the police also. We filed a contempt petition and submitted photos of illegal constructions which are yet to be demolished and also the audio and video recordings of the attack as a proof. Despite this, the trail court dismissed our petition stating that with mere photographs they can not decide on the illegal constructions and also did not consider or mention anything about the attack despite the submission of video and audio recordings which was a surprise to us. Further, the trail court mentioned in its order that no malafide intention can be imputed on the action of MCD if the unauthorized construction in flat is regularized as per rules and the court can not go into the question as to whether MCD has regularized the alleged unauthorized construction as per rules or not. We have RTI responses wherein the regularization was done against the rules since relevant documents were not submitted. Further, despite the submission of video and audio recordings on the attack on MCD officials, the court has stated that there is no material on record to show that the defendants violated the undertakings given in the Lok Adalat Decree. So, we wish to file an appeal in the high court against the trial court order.
Questions:
1. What is the limitation period to appeal against the trail court order in the contempt case?
2. If we file the appeal, how long the high court takes to dispose the same?
3. Despite the submission of the video and audio recordings over the attack on MCD officials and police compliant, how come the trial court con conclude that there is no material on record?
4. What else is the alternative we have to ensure the demolition of the illegal constructions?
with regards,
Rishi Gupta
Anonymous
09 September 2022 at 17:37
I have brought a entire plot( bastu land625)but adjoining land(626)file preemsoin case against me.adjioning land owner land no ancestral property.he is no co shears. There is no house.but my plot bastu land I live there.the roots of the two plot are different.
Anonymous
09 September 2022 at 01:10
I borrowed money in a medical emergency situation from a private financier. I gave my New Hyundai Verna car to him and He gave me Rs. 2 lakhs as loan In cash mode on 01.12.2019. There is no written agreement for this transaction. Interest rate is 8 percent per month. I paid interest for three months on time. After that I couldn't pay money. On January 2022, he threatened me to settle Rs.6 lakhs. I complaint in local police station but they told me to settle the money. I told police that he doesn't have any rights to keep my car. But police did not support me. I told police that I am ready to settle 2 lakhs along with bank interest. But the financier didn't agree, in front of police he asked me Rs.6lakhs. I told police that I cannot give Kanthu vaddi. I finally told police that I will put case in court and recover my car. I wrote a letter and gave to police, he closed the complaint and gave me CSR copy. How to recover my car from him? What is the law regarding this situation? Pls guide me.
Anonymous
08 September 2022 at 17:38
Sir
In the year 2016 september my father took 7lakhs personal loan from hdfc bank.after four months that is february 2017 my father died because of heart attack.my father taken insurance policy for this loan,but the bank is saying the policy is only for accidental policy.my mother also died recently in july 2020.now the bank advocates are sending notices to me to repay the loan.
Please suggest me what i have to do
Krishnaiah Krishnsiah
08 September 2022 at 08:20
Dear learned experts,
I applied shares in a company in the name as R R Sudhaker but certificate came as R D Sudhaker and how it can be rectified as the same is not accepting for transfer?
I request you that, if it is convenient for you, send the detail procedure ?
Thanq in advance
Anonymous
08 September 2022 at 01:32
We are three brothers(elder Trimurti, middle Ganesh and younger Naresh). I am the middle one. Our father's name is Maruti.
Naresh was adopted by the my father's elder brother, Tanaji. So Naresh is now owner of all the possessions like land, house property of uncle Tanaji. He does not have any share in my father's property.
Trimurti have common share with me in all the belongings of my father.
Issue starts from here.
We(Naresh and Ganesh) lived in house which is on the name of Maruti 50% and Tanaji 50%. My elder brother Trimurti has the equal share in 50% part of the house with me. And Naresh has whole 50% inherited feom uncle Tanaji.
Now, Trimurti went out of the house when he got married and built a home on my father's other property. I also gave my consent for that transfer of property.we have the application document for that consent as well. However verbally it was decided that other property that is whole 50% will be transferred on my name.
This is past story.
Current situation is as below.
My uncle Tanaji had another plot on his name and is inherited by Naresh. Since I have only one son, and Naresh has 2 sons, me and Naresh decided that I will transfer entire 50% that I own in the house to Naresh and he will give me the plot where I will build my separate house.
The 50% part of the old house is still on the name of my father. But to transfer it to Naresh's name I need consent of my elder brother Trimurti. Naresh trnasferred the plot of uncle Tanaji as decided to me.
We created a new stamp agreement of 100rs. Where I and my elder brother mentioned that we are giving our share of the house to Naresh. As plot was already transfrred to my name i built my separate house on that plotby taking laon of almost 12 lakhs.
The only thing remains now is to transfer the old house to my younger brother Naresh. However now my elder brother Trimurti has changed his mind and is saying he will not transfer his share of the house and demanding 2.5 lakhs to do so from me. We told him that you have signed the agreement / stamp paper with 6 witnesses, how can you betray us now.
What can be done in this situation to get that old house where me and Naresh used to live to get transfrred to Naresh entirely. On stamp paper ,Me and my elder brother both mentioned that we are giving this house by our own free will to the Naresh and we have 6 witnesses as well. So can it used to force Trimurti to transfer the house?
raju
07 September 2022 at 22:08
Transfer case dismiss by single bench of High court. Can case be filled again on same points before double bench
Anonymous
07 September 2022 at 21:56
Husband expired recently and left behind two apartments for wife and two sons.
The documents clearly states that the husband was the sole-owner of the first apartment and on the second apartment had his wife as the second owner.
Both apartments have nomination forms where he nominated his wife and elder son on the first apartment (where he was the sole-owner), and nominated younger son on the other apartment (where wife is the joint owner).
In order to now transfer the property title, the society is asking for death certificate, nomination form, marriage certificate, gift or transfer deed and also a legal heir certificate?
We checked the society by-laws which doesn't ask for any of this, but the society is still persistent on the said documents so that in-future in there are any property disputes the society is not blamed or asked to come to court.
Need guidance on what is required for transferring the title? Has anything changed on society by-laws.
Naveen Kanth Dasari
07 September 2022 at 17:15
Dear Experts,
I am a Practicing Advocate, I have a query regarding Agreement of Sale, I have filed a case for specific performance.
The Facts of the case is that my client entered into an Agreement of Sale with a property owner(Who is a close friend of my client) for total sale consideration of Rs.25 lakhs out of which 5 lakhs was paid as an advance by my client to the property owner and the remaining balance of 15 lakhs shall be paid within 45 days of the Agreement and after receiving the advance the property owner signed the Agreement of Sale and handed over the possession of the property to my client and my client has done some renovation spending 5 Lakhs and since then my client is in the possession of the schedule property. The terms of the Agreement was that my client shall approach the bank for loan to repay the balance sale consideration for which the property owner also agreed, however after sometime the property owner did not cooperate with my client or with the bank people for verification of the property documents in the result the loan was rejected, unable to bare the attitude of the property owner my client approached me for solution and at first I sent a legal notice to the property owner giving him 7 days time to cooperate with the bank and also cooperate with my client for registration of the property after taking the balance consideration. The notice was received by the property owner however he did not reply the notice whereas orally approached my client saying that he do not want to sell the property. Later on I filed a case in the court praying the court to direct the Defendant to co-operate with the Plaintiff in availing the bank loan and also direct the Defendant to execute a registered sale deed in favour of the Plaintiff or her legal heirs on the agreed sale consideration.
The property owner received the summons and appeared before the court and his counsel filed Vakalat and since he nor his counsel are appearing before the court, however my client arranged the balance amount from other sources and ready to pay the balance consideration without approaching the bank for availing loan, my client even after filing the case and also after arranging the amount approached the property owner for amicable settlement but the owner did not cooperate.
My Query is:
1. Do i have to file an Amendment Petition for Amendment of Plaint as the earlier facts was that my client wanted to approach the bank for loan and the owner was not cooperating, however now as my client has the balance amount and she is ready to pay the property owner and go for registration?
2. Or can i deposit the balance amount in the court?
Please Advice
Thank You.
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House transfer
My wife just owned a plot and registered in her name and applied home loan thru my son after mortgaging. Construction is going on.
My son is the only one son and sole earning person in our family.
Can he get tax benefits on his salary??
If not what should we do.
Thanks and regards
Suresh kumar..J
Tirupur