Mohamed Ali
10 August 2019 at 06:26
As Sunni Hanafi Muslim partitition Suit will 11 parties 6 brothers and 5 sisters was decreed in 1962 and still pending in Final decree proceedings, As per decree all the brothers are entitled for 2/17th share and sisters were entitled for 1/17th share in all the suit schedule properties..
As there were numerous properties, wet lands dry land etc, One of the party to suit has given the land for gutta to a person who was cultivating the land, later when tenancy act came in 1974, the cultivator by impleading only the person who had given this land on gutta got tenancy in his name from the Land tribunal with out making other persons as parties..
Question: As all the other 10 decree holders or their legal heirs were not made parties in the Land Tribunal case to award tenancy and the tenancy was awarded to cultivator, Is the tennancy valid for a pendent alent property (for the property which was under dispute in the civil court), now the Tenant is approaching the court to delete the property from the Preliminary decree in the pending final decree proceeding based on the Land tribunal order of tenancy awarded to him ? Court has ordered for enquiry, Is his tennancy is valid ?
How to nullify his tennancy ? or it must be restricted to share of person who had given that family land under suit for gutta.
Thanks
Nikhil chaudhary
09 August 2019 at 22:16
Hello dear lawyers ...............................................................................................
Nirav sharma
09 August 2019 at 17:46
Hello experts
My wife filed maintenance case against me in 2016. During the same time she transferred more than rs 5 lakhs from my account to her account in my absence. In 2018 maintenance amount of rs 7000 p.m was fixed by court to be paid with effect from 2016. I had provided evidence that she has transferred such a large amount to her own account but the evidence was de-exhibited since i was not able to be present for cross examination.
I approached a lawyer in june 2018 to take the matter to high court but till date he has not done anything. Meanwhile in sep 2018 my wife filed a case for recovery of maintenance amount and till date i have paid up rs 100000. The judge says u can file a separate case for recovery of the amount she has already taken.
I would like to know which option is better. Should i try in high court for adjustment of the amount she has taken or should i file recovery case against her? Which option would be less time consuming and effective?
Daulat Ram
09 August 2019 at 13:15
My Father and uncle (Chachu) real brothers purchased an house in the year 1997 in which both are co owners, in the first floor our family is residing and in the ground floor my uncle's family is residing. In the assessment register of Municipality (Nagar Nigam) both there names are registered. In the past 4 years both of them got expired and due to which my ulcle's (chachu) family is making pressure on us to sell the entire house otherwise they will going to sell the ground floor to some unsocial elements which will threaten us and take our share also as till date there is no partition on papers and in the assessment register also still our fathers name is there we have not yet got the property transferred in our names. As my uncle's family started the process to sell his house consequences of which we have filled a civil suit to get the stay but we have not yet got the stay. Still during the case period also they are trying to sell the portion in which they are living is it possible during the pendency of the case as the house is not yet partitioned.
Please help how to tackle this. Our security is at risk.
SUDIP KAPAT
09 August 2019 at 09:57
Mother deed of my residential land missing, owned 30 years ago & due to that I’m not able to get mutation certificate. Please advice.
Anonymous
08 August 2019 at 21:59
Dear All,
The honorary supreme court has ruled an owner of the property must act within 12 years in case of pvt property and 20 years in case of public,else the person in possession of the property can claim ownership right and the original owner cannot
Is it applicable to an old tenant in state of Maharashtra
the tenant has been in possession of suit premises in Mumbai since 1972,the original landlord passed away in year1981,landlord son became the owner of the suit premises ,however landlord son stopped accepting rent since 1991,he filed a suit for eviction on bonafide ground in the year 2006 on the ground of rent default payment and premises needed for his own use.
the case is still going on,can the tenant claim ownership as per the latest supreme court ruling
as the landlord son didn't act for more than 12 years, also in rent agreement with original landlord in year 1972 its clearly mentioned the rent agreement is valid for 11 months, and will be automatically renewed once the tenant continues to pay rent regularly.
The tenant has filed in court various proof of landlord son having more than 7 commercial properties on ownership basis and he has given it on leave and license. Also rent has been deposited in court which the landlord has still not accepted.
The Landlord has pleaded in court that the tenant has made unauthorized permanent structure in suit premises by erecting a mezzanine floor,
which is incorrect,as the mezzanine floor has been there ever since the suit premises was rented out since 1972 however the mezzanine isn't mentioned in desription of property in rent agreement of 1972.
The tenant has given proof that mezzanine floor isn't permanent since its fixed with nutbolts and on iron supporting rods on the wall and wooden floor which can be dismantled without causing damage to structure.
However the tenant can't prove that the mezzanine has been there since inception of agreement and landlord son is taking advantage of that by saying the mezzanine floor was constructed few years ago without landlords son approval
what are the chances of tenant in the above case and can he claim ownership as per supreme court limitation ruling of 12 years
nitin gatagat
08 August 2019 at 21:38
Dear sir
I am the appellant in my case . I filed a case in sec 138 for amount of rs.230000 in saket court. I alsubmitted all dica in court and same copy given to accused by court .
Now today accused lawyer in my cross examination produced some pending credit note in court which I forgot to add in ledger before cheque writing .. he had all mail proofs with them for pending credit notes ..
What will happen now
Tarani Kanth
08 August 2019 at 21:32
Has anyone on the recent times got a US F-1/H1 Visa despite having a 498-a case?
Have any questions being asked in the interview??
What to mention in the DS-160?
Kavita S
08 August 2019 at 20:36
Respected Experts,
I am a law student and I wish to learn about Criminal & Civil practice procedure into the court.
Kindly let me know about the book or manual from where I could get thorough knowledge about the Civil & Criminal procedure into the court.
Thank you !!!
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Affidavit and attestation
Respected Sir / Madam,
Request you to clarify on my below queries regarding filing of 'Affidavit of evidences' in court,
1. For attestation of the said affidavit, where should I approach?
2. Which value stamp paper should I use for the said affidavit?
3. Will the said stamp paper should have any index / table of contents of the attested evidences.
Warm regards.