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anil   07 November 2021 at 23:28

Affidavit

Dear Expert,
I want to know about counter affidavit.

In my property case which I filed for get divide my property in Senior Division City Civil court.
opposite party filed one affidavit. He make false statement in it.

To oppose this affidavit, we come to know counter affidavit.
Is there any CPC provision to submit counter affidavit in senior division civil court.

Will counter affidavit allowed to submit in senior division civil court.
Will counter affidavit help to oppose this affidavit or any other way that we oppose this affidavit.

Is any provision to reject or refuse affidavit.

Anonymous   07 November 2021 at 22:55

Way blocked

I had a way towards my home during 2017. It was blocked by the adjacent property owner saying that he will allow sharing his own way to his home. In 2021 he obstructed me to use his own way. I want to reinstate my old blocked way. Can I file suit for removal of the block done during 2017?. Is there any time limit to file such suit?.

Anonymous   07 November 2021 at 21:01

Property procession

My father has lease a property to his friend with the condition that after my father's death his legal hires may get the property if they paid Rs. 25 lakh to his friend otherwise his friend will enjoy the property till his life time. The agreement is duly registered. Today after my father's death his friend refused to return the property and ask Rs 25 lakh.

What can I do ?

sourabh   07 November 2021 at 16:14

Crpc 482 for 498 quashing

Dear sir
498a registered on me and my family members in march 2017 and August 2017 we approached jabalpur high court for quash
We got immediate stay orders within 1 week
But the case is still not quashed even after 4 years
I'm regularly approaching my lawyer
Now ad the courts have opened
Case 2 or 3 time got listed but didn't reached to desk
What should I do to get quashed at the earliest

Pradyot   07 November 2021 at 14:14

Developer not handing over flats even after 12 years

Inherited property given for redevelopment by 4 legal heirs in mumbai in 2009 .One single agreement was signed by 4 and registered in sub registrar Mumbai in 2009 without any registration with MHADA /?RERA.Building 90% completed in 2012 with 2 illgal floors by developer.BMC has given notice to developer and not issued BCC and OC to the building .The developer has stopped giving rent from 2012 for alternate accomodation
Developer wants to sign supplementry agreement predated 2012 stating that old agreement is deemed to have been terminated with the supplimentry agreement dated 2012 with same benifits as old agreement dated 2009.we have declind to sign it.
Due to above Developer has not given any possession till today and no legal notice was issued to developer by 4 legal heirs till date .Can one legal heir terminate her consent now to the redevelopment agreement of 2009 to the developer?.what is the remedy to reskind the agreement as individual agreements were not made and registered in 2009 with MHADAand with sub registrar Mumbai in 2009.What is the remedy against the developer ?Can we still approach MHADA/RERA for recovery?what are the consequences if we all 4 legal heirs terminate the redevelopement agreement of 2009?Can we take the force possession through BMC of incomplete building ?and let builder go to the court against us?

Anonymous   07 November 2021 at 12:52

Transaction of immovable property

I have booked a flat in 2017 paid 85% of cost to builder , about to take possession in Dec 2021. I am a central government employee. Prior intimation not given to my office.
If now I give intimation am I violating the rules ?

Anonymous   06 November 2021 at 21:18

Motor accident claim and ex-parte

My wife was booked under IPC 338 in an accident case.
She pleaded guilty and paid 1000 rs as fine in the court.
My wife had valid Driving License, RC, Insurance at the time of accident.
Complainant filed an Motor accident claim petition under MV ACT 163A, 140C asking for 1 crore compensation.
As per internet resources, it is written that insurance lawyers will fight the case and my wife will become exparte
My question is
1. should we hire a lawyer to defend ourself and how much he charges approximately?
2. As she is exparte, does she has to appear in court during judgement?
3. Is my wife is liable to pay any amount if court passes judgement?

Me and my wife are primary school teachers and we cannot pay any amount. Please guide us in right direction.

Anonymous   06 November 2021 at 11:14

Will

Sir/madam,

I would like to know whether separate WILL can be made  for properties located at different places.?

Anonymous   06 November 2021 at 00:32

Ipc 338 accident case and imprisonment

My brother is booked under IPC 338 in an accident case. Chargesheet is filed and case is still in appearance stage in court.
The complainant doesn't want to settle and filed an MVOP case for 90 Lakhs compensation and it is still in NOTICE stage in court.

Accident:
My brother was driving a car and accidentally hit a person from the back where the person got multiple fractures.

Our advocate suggested to FACE THE TRIAL.

My questions are
1. Is there any chances of going to jail if convicted during trial?
2. what can be the maximum punishment given to my brother considering the circumstances?
3. what can be done to avoid jail term if he is convicted during trial?
4. My brother is student persuing degree, he holds valid driving license, RC, Insurance and he even took the injured to hospital and paid 3k for first aid.
5. If he is sentenced to jail, his career will be destroyed. what can be done to get out this situation.

we can neither afford to give compensation nor can go to jail. we belong to middle class family.
Please help us and guide to the right path.

sourabh   05 November 2021 at 23:00

Family law

Dear Sir
Needed an advice on below
marriage date : 24.04.11
child : 8 years old
1) Jan 2015 my wife left , Oct 2015 i filed for section 13 divorce case,she tried for 498a fir but could not happen as case was already in court & i have given written intimation in mahila thana, june 2016 we did a compromise legally in court & in mediation centre on all legal papers that my wife in future will not blame my parents
2) from july 2016 - oct 2016 she stayed with me in gurgaon, nov 16 she left & didnt come back
3) march 2017 by political approach as my father is law is too property lawyer, my wife filed 498a fir in mahila thana & unfortunately fir was registered, simultaneoulsy she file dv & 125 in court
4) case filed on me, my parents, & bhaiya bhabhi
5) we all got bail in 1st day, as said my in laws are bit politically sound & her lawyer is big shot, withing 3 months court has ordered interim too for 15000
6) we applied for high court for fir quash & we got stay orders in same instead of for quash
7) both dv & 125 case has been settled in nov 2017 we did one simple joint agreemnt, & my wife has given affidavit & vyan in court for finishing the case & both the case are finished
8) as per agreement I paid 14000 too monthly considering that she will withdraw 498a
9)she continued staying in her home
10) after 1 year without staying with me she again filed dv and we took stay order in high court
11) july 2019 I stopped paying money and immediately she filed 125(3) for recovery but court dismissed the petition of her saying that it was not court decision
12) in 2019 I finally filed divorce case from Gurgaon this time for which they approached supreme court for transfer petition and same as on date is still pending in supreme court
13) end of 2020 she again filed 125 for maintenance

Please advise accordingly as case is very messy and other party not ready for mutual
In new 125 what steps should I take