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susanth nair s   21 October 2008 at 17:09

easementright

respectedseniors what is the difference between easement by necessity and prescription whether severense of property is condition precedent for easement by necessity with bestregards

Khaleel Ahmed Mohammed   21 October 2008 at 04:39

advocate refused to give no objection on vakalath

My counsel denied me to give no objection on vakalath. I filed a leave petition and requested the court to allow me as party in person.
My question is should I file vakalath nama as party in person with the petition or not. Pelease inform me immediately.
Regards
Khaleel Ahmed

V.G.Rao Advocate   21 October 2008 at 04:09

what relief to be prayed?

hi all,
It is very serious and urgent matter, and I need ur help, One "A" purchsed property through Notarised Agreement of sale admeasuring 240 sq.yds which falls under Syno.144, at hyderabad in the year 1988 tohrough its lawful vendors rep by their Irrvocable GPA, and the same was revalidated in the year 1999 by paying deficit stamp duty, and thereafter in the year 2001 "A" constructed a two rooms and assessed and paying property tax bill as on today and is residing in the premises, and further obtained electricty connection, and he left open nearly 100 sq.yds of land, while matter stood thus in the year 2001 on Mr"B" tried to disposses him from the aforesaid premises under the guise of a registred sale deed for the said property purchased from one Mr.gyiasuddin,whereupon "A" has filed a civil suit for Perpetual Injunction and obtained stausquo order against him, during the pendency of the case "A" enquired and came to Know that Mr.Giyasuddin has filed a case against some others in respect of propertis in sy.No 144, 170,70,72,77 etc claiming others as land grabbers, wherein he deposed that in the year 1989 he enterd in to the comprose deed with the vendors of "A" and as per said Compromise deed the vendors were given of 9 Ac of agriculrural lands in Sy nO.144 by retaining him self other part of Ac 9 situated at Sy Nos 170,71,71, etc.,and it seems that by suppressing the said fact he sold the property in question to "B" which by it self is null and void,
and while matter stood thus Mr."B" during the pendency of the above suit has sold the same property while "A" is in possession and enjoyment of the same to One Mr."C", and Mr"C" taking advantage of open land left by "A" illegally tress passed in to his premises and made A compond wall and tried to dispoossses "A" from the premises, but "A" again filed a suit and criminal complaint fro tress pass, theft etc and obtained Statusquo order in Injubnction suiit filed against "C", but "C" while order in subsisting got a electric meter connection and installed the samwe, now my question is now what "A" cand do now what other reliefs can he pray by filing suits and to safe guard his properety.

Chhaya Soni   21 October 2008 at 02:50

Entertainment Tax

Respected Lawyers,

I want to know wat percentage or amount of entertainment tax one has to pay on production of the Marathi Film in Maharashtra, who is liable to pay i.e. a producer, director or distributor, to whom to pay and within wat period it has to pay, would be grateful for the reply.

jagan   20 October 2008 at 22:40

Amount DEBITED from SBH DebitCard - Delay in service


Dear Experts!!

One and Half month back an amount of 7000/- debited from my account - SBH.

after several complaints,i got response from the bank employee that, it was BANKS MISTAKE.

but still they have not refunded my amount.

Can you please suggest me something which banks will not repeat of this type again to any of the customer.

Bharat Gala   20 October 2008 at 22:23

IS NOC REQUIRED FOR SALE OF FLAT ??

One of our member was a guarantor and mortgage his Flat to Bank in Mumbai. Due to his ill health he died few years back. His family was not staying with him at the time of death. The said Bank under SERFAESI ACT 2002, took the physical possession with a simple letter to the Society not to transfer the shares of the said Flat. Meanwhile Bank for recovery of their dues sold/auction the flat to the buyer without informing the society nor taking prior NOC from the society.Due to the death of the member there were outstanding maintenance charges to be paid to the society. No information is gvien by the Bank with regards to sale of this Flat. The Purchaser informed the society that he has purchased the Flat from the Bank and he has given on L.L. without taking NOC from the society.
My Question is what is the procedure to take action against Bank for not taking NOC from the society to sale the Flat? Can society take action to recover the outstanding dues of this Flat ? Can Society refuse the purchaser to take him as member? Can society ask the purchaser to make the payment of outstanding dues of the society? Can he give his Flat on L.L. without obtaing NOC from the Society?Can he sale his Flat without transfering to his name directly to third party ? if he does what remeady available to the Society?

saka   20 October 2008 at 21:56

Book or CD for legal documents

Dear Expert,
Can anyone pleas suggest a good book or cd for preparing agreements, documents etc.
Thanks in advance

Ch. Sujatha   20 October 2008 at 18:33

Limitation

REspected Seniors,

Whether the unregistered payment endorsement in a registered mortgage deed extends the limitation after lapses of 12 years or not ?

Sreedhar Valiveti   20 October 2008 at 05:21

Clash between Bank & CTO

Dear friends,
Bank has moved under securitization act, against a bad debt for recovery. When the matter is at the stage of auction, CTO has sent a notie to Bank by informing their dues along with penality.

My question is CTO has a right to move against party for recovery of dues along with penality, but when Bank holds 1st charge over the said property, then can CTO can claim penality from the Bank or not. As of my knowledge CTO can claim Dues only but not penality.

Please resolve and give ciations if any!
Thanking you sir

Rekha.....   20 October 2008 at 01:42

Property matter

Hello! How r u everybody?
Here is the query
The gentleman has acquired the property by the partition of his ancestral property. The said Property consists of numbers of Plots. The said Gentleman had sold his 6 plots to one party ‘A” in 1992 and the same plots sold by the party’A’ i.e37,38,39 and 53,54,55 to our client in 1995 out of 6 plots,4plots were(37,38,54,55) sold by our client to other party in 2006. Because of some financial difficulties our client could not construct any structure on the remaining 2(39,53) plots. Our client applied for Lay out plan for the said plots and realized that the Description of the property and the situation of the property were not as per the Deed. Meanwhile these said plots are occupied illegally by the friends of the original owner by his (original owner) consent. Our client has requested solution from the original owner but he is not giving any response. The original owner suggested our client for alternate plots i.e 21, 26 and my client get executed Power of attorney and agreement to sale (notarized only) for both the plots in favor of him. When our client started some activities on the alternate plots the one builder informed our client that the said plots are already sold to him . V checked recently 7/12 and Index –II also Plots no.39 and 53 are in the name of our client, and plots no.21,26 are in the names of some parties(sale deed executed in 1982 yet to be confirm for the revenue records) .Our client issued notice to original owner dt 3/11/2004 and also approached to the Collector of the District for the said problem and because of this our client could sold above said plots(37,38,55,54) in January2006 .

Would u please give us suggestions and Guidance under which law v hv to proceed? Can it come under the law of consumer Protection act? Civil or Criminal proceedings Plz…
Thanx for giving ur valuable time.
RHM, NJP, HDM, RMH