Madhu Mittal
20 January 2020 at 20:12
A civil suit was filed against two persons who are son and father and borrower and guarantor respectively in 2008 in Session court. After fighting on limitation, they stopped to come to court , therefore ex-party decree in favour plaintiff i.e.us in 2011.
The execution petition was filed and a letter under Right to Information was put to Jaipur Development Authority,Jaipur in reply thereof a JDA informed that there is a house of 50 square yards in the name of Guarantor, so court was requested to sale the said plot for decreed amount.
The auction order was pasted at the door of the said house in 2012. Then a new thing came to knowledge that the said house was sold in three parts to three person Mr. X (in 2011), Y and Z at different times, and Mr. X purchased all remaining parts from Y and Z also before 2012. Mr. X contested against the sale of the house on the ground that he purchased the house though in three parts, but by Regd Sale deed.
Y has purchased shop (one part) made in the house by violating Jaipur Development Authority Jaipur rules.
The rules of JDA, Jaipur were violated at all times:
1. Sub division was done of 50 square yards house, by selling three parts to three persons, which can not be done as per The rules of JDA, Jaipur, so as per me sale of parts of House even with Regd Sale deed is void ab intio as it is against the statute.
2.Shop in the house was made and sold as shop in Regd sale deed also, again can not be done as per The rules of JDA, Jaipur, so as per me sale of part of House by making shop in it, even with Regd Sale deed is void ab intio as it is against the statute, as house was for residential purpose.
3. until and unless, transfer is done in the name of purchaser, in the records of JDA,Jaipur, it is not complete.Thus the person Y and Z who purchased parts of house , even with Regd Sale Deed, has not got it transferred in their name, and so they can not sale again those parts simply to Mr. X .
4.No public notice was issued by Purchaser Mr. X at the time of purchasing any Part of the House.
Plaintiff has also placed reliance on a case named Jit Singh and Ors. vs. Piara and Anr. Decided on 11.03.2003 by Hon’ble Punjab and Haryana High Court.
Now in the decision of Session Court on 05.12.2019, all objections of plaintiff were ruled out and it is said that there is regd sale deed in favour of X, so it does not make any difference if the house is still in the name of guarantor in the records of JDA,Jaipur and nothing said about the decision cited Jit Singh and Ors. vs. Piara and Anr, and thus house belongs to Mr. X (purchaser) and released from the execution and ordered to give details of another property of borrower/guarantor.
Now please guide whether in your opinion, the decision is correct or challangable. And Remedy to Plaintiff i.e. creditor, if any about this house.
LAWYER ASSOCIATES
20 January 2020 at 17:17
Whether preclosure charges charged by bank on pre closure of loan amount is valid in the eyes of law?
Anonymous
20 January 2020 at 12:37
My father has a paghri flat in a building since 1994.
The building is quite old and got several notice (2-3 notice in last 10 years) from KDMC for building being unsafe for residentials I have just shifted on rent to other place after getting married.
Due to safety issue I am willing to take my parents with me to stay in my rented flat.
Can landlord sue us for non occupancy in such scenario? Do I have any legal stand in such case? We do not have any other our own property.
PS. Building is fully occupied with tenants and landlords who are still staying in the same premises. Please advise
Anonymous
20 January 2020 at 00:03
sir
my father's name is DAUD KHAN and He is known in village and in society by both names DAUD KHAN and DAWD KHAN
while in aadhar card his name is DAUD KHAN . Can i go for Gazzete to do DAUD KHAN alias DAWD KHAN and what documents are required ?
thanks
Sohab Khan
20 January 2020 at 00:01
sir
my father's name is DAUD KHAN and He is known in village and in society by both names DAUD KHAN and DAWD KHAN
while in aadhar card his name is DAUD KHAN . Can i go for Gazzete to do DAUD KHAN alias DAWD KHAN and what documents are required ?
thanks
Anonymous
20 January 2020 at 00:00
Hello ,
My mother was second wife to my father.
She was government employee.
She expired without a WILL and left a house.
I am her son how to get legal heir certificate?
Is this has to go through Court to get legal heir certificate?
Does my father can get any share from my mother house , since she is second wife to him. ( house purchased by mother through her own salary).
Parag
19 January 2020 at 17:30
I had given my premises on leave and license basis to a lady for her tours/travels office. She is absconding. Her LL fees PDC cheque has returned yesterday. Her husband said that she has borrowed money from market and probably fleed. He has intimated the police that she is missing. Her husband and her father are ready to hand over the keys and end the contract. They dont hold her POA. Her furniture is still there in the said premises and electronics is not there. In this case, will it be alright if her relatives end this contract or should I file a eviction suit?
santosh
19 January 2020 at 14:40
thank you sir for your answer
Anonymous
19 January 2020 at 14:00
I hold a residential property in Mumbai jointly with my mother. My mother's name is first followed by my name, now she has passed away recently what is the procedure for the transmission to my name is there any form required for the society to be submitted. Please advice. My mother nominated my wife as the nominee, and I am only son.
Anonymous
19 January 2020 at 13:53
Hello ,
My mother purchased plot during the year 1987 , she took loan in 1991 on that plot for house construction and pledged documents in the bank.
Loan was cleared by 2003 during her retirement, due some accounts issues plot documents not released by Bank.
My mother expired in 2006 , but she has not done any WILL.
In 2011 some X person sold the plot to Y by forging my mother signature.
What is the legal procedure now to get the land to legal heir which is me her Son.
Release of property of purchaser though purchased violating
A civil suit was filed against two persons who are son and father and borrower and guarantor respectively in 2008 in Session court. After fighting on limitation, they stopped to come to court , therefore ex-party decree in favour plaintiff i.e.us in 2011.
The execution petition was filed and a letter under Right to Information was put to Jaipur Development Authority,Jaipur in reply thereof a JDA informed that there is a house of 50 square yards in the name of Guarantor, so court was requested to sale the said plot for decreed amount.
The auction order was pasted at the door of the said house in 2012. Then a new thing came to knowledge that the said house was sold in three parts to three person Mr. X (in 2011), Y and Z at different times, and Mr. X purchased all remaining parts from Y and Z also before 2012. Mr. X contested against the sale of the house on the ground that he purchased the house though in three parts, but by Regd Sale deed.
Y has purchased shop (one part) made in the house by violating Jaipur Development Authority Jaipur rules.
The rules of JDA, Jaipur were violated at all times:
1. Sub division was done of 50 square yards house, by selling three parts to three persons, which can not be done as per The rules of JDA, Jaipur, so as per me sale of parts of House even with Regd Sale deed is void ab intio as it is against the statute.
2.Shop in the house was made and sold as shop in Regd sale deed also, again can not be done as per The rules of JDA, Jaipur, so as per me sale of part of House by making shop in it, even with Regd Sale deed is void ab intio as it is against the statute, as house was for residential purpose.
3. until and unless, transfer is done in the name of purchaser, in the records of JDA,Jaipur, it is not complete.Thus the person Y and Z who purchased parts of house , even with Regd Sale Deed, has not got it transferred in their name, and so they can not sale again those parts simply to Mr. X .
4.No public notice was issued by Purchaser Mr. X at the time of purchasing any Part of the House.
Plaintiff has also placed reliance on a case named Jit Singh and Ors. vs. Piara and Anr. Decided on 11.03.2003 by Hon’ble Punjab and Haryana High Court.
Now in the decision of Session Court on 05.12.2019, all objections of plaintiff were ruled out and it is said that there is regd sale deed in favour of X, so it does not make any difference if the house is still in the name of guarantor in the records of JDA,Jaipur and nothing said about the decision cited Jit Singh and Ors. vs. Piara and Anr, and thus house belongs to Mr. X (purchaser) and released from the execution and ordered to give details of another property of borrower/guarantor.
Now please guide whether in your opinion, the decision is correct or challangable. And Remedy to Plaintiff i.e. creditor, if any about this house.