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I have paid rs.100000/- One lac advace for purchasing property [ two BHK flat ] to the owner of flat. I have taken reciept on paper putting revenue stamp. Owner as agreed to do the deal after two month.

Now Last one and half year owner is not ready sale the flat nor refunding my money. In mean time her son has given two post dated cheques but after due date when I deposited the same the both cheques get bounce.

My lawyer filed case against section 138. But court has accepted against civil case not against 138 clause.

Can I file criminal case against the owner in Police station under clause 420?. I am a senior citizen.

Regards,

Ghanasham

The seller of the property is not taking final payment nor he is executing necessary paper.He has already taken earnest amount @10% of the total amount. What to do if he remains absent on the last day of accepting payment and afterwards he forfeit the earnest money on the pretext of non performance / inability of paying final amount. What are the remedies. However it was agreed on the agreement to sell on Rs. 50/- non judicial paper that he (seller) will execute necessary paper and take final payment and if he fails to do so the buyer will have right to sell the said property. Can the buyer go to notary to make papers so as to show  the evidence that the buyer was able to pay but the seller not willing to perform his part i.e. not taking money and making necessary papers. How can he be stopped before the last day of final date.

Sir, I am an Asst> Prof. at an Unaided pharmacy institute in maharashtra.

I would like to ask you, like other employes, is the Principle of the institute liable for applying for casual leaves to the management or not.

And is granting  a casual leave, is totally in the hands of the Principal.

Thank you

Hi,

I am purchasing a plot at Jodhpur (Raj). The seller of the property is a POA holder. This plots was created NA in 1994 by Govt. of Raj.. please let me know how it is safe to purchase a property from a POA holder? Can this POA holder execute register  cum agreement with someone and later on if I execute agreement with that person, how it is legal? 

Dear legal experts,

Opposition for the construction of mobile tower

I own an individual house in the outskirds of Chennai. Recently a mobile tower company had approached me for erection of mobile tower in my house. I had signed the agreement couple of months back and the tower company had agreed to pay advance of 1.5 lacs and 15,000 rent for a period of 10 years. They started the construction and within couple of days there were few locals (local association) (about 30 pple) have objected for the erection of mobile tower as it will affect their health.

The company officials were tried to explain that it will be less radiation and norms form the goverment, incase of more radiation the licence will be cancelled. But the neighbours were not listening to him and approached the local leader. The local leader came to the spot and warned the officials to vacate and forced my Tenent to vacate the house within 2 hours as she want to lock the premises.

So the company officials left the place and have planned to proceed the work with the legal support (approached madras highcourt for carrying out the work). The verdict is pending.

I have not recceived any payment from the company till now. The Company had completed the erection of beam on my site. Now as per agreement, i will be liable to pay 5 to 10 lacs if i ask the company officials to vacate my place and cancel the agreement. (which i cannot do). The company says that they have all the permission from state and central goverments to carryout the work. I have paid all taxes including property tax to the local panchayat for my house. So nothing is pending from myside.

Now the following are my worries:

1) If the company officials get an order from highcourt to proceed the work, wat is the safety for myself and for my tenant as the locals and the leader had threatened earlier.

2) What can i do if it goes beyond my control. I am a legal house onwer of the house.

3) The local panchayat leader is the head of the small village; how can we proceed with the court order with the local leaders protest (As he is with the people considering the Vote. Infact he has two mobile towers erected just opposite to his house)

 

I am totally confused, concerning the saftey of me and my tenant in the place.

Please advice me on the actions to be taken.

 

Thanks in advance

 

 

Need Very Urgent Help In Very Technical Problem And Tough Time In Property Related Matter

 

Respected Sir,

            Actually i am trapped in very very big trouble, related to property matter, very dramatically, no one will going to believe me, but its true and each word is true,

   My brother and mother lives in America from the last 10 years and have green card, he was in love with a Indian girl born in America from the last 5 years, they got married last year here in india, both families came from America to complete marriage ceremony. From the girl side her (father, mother,brother, brother’s wife, her taiya and chaha came from America in the marriage ceremony )

 They lived here here in india for 25 days, and girl and my brother went back.

I was very upset from my life due to my family problem, my bhabhi’s father and her brother along with her mama instigated me that they can get me in America, they can arrange visa for me, but i have to spend 45 lakhs, but i refused that i have not that much amount, somehow they played with my emotions and controlled my mind, and i arrange somehow my all savings of 15 lakhs and gave to them, they said ok no problem other amount you will have to pay when you will enter in America, and you have to pay that amount in instalment after working there. I agreed with them , they told me not to tell anyone about this in your family not even your brother, we will surprise them about your arrival in America, then they all went back to America, and then after 2 months they told me that i have to arrange balance amount to get visa, i spoke with them you told me other amount i have to pay after my entrance in America, then they told me no you have to arrange balance amount otherwise you will have to lose your 15 lakhs which you gave us, we have forwarded that amount to some agent who is doing all the work for you. I was very very upset, because i lost my all savings and even didnot talked on this matter in my family. I told them i have no any money now, please understand me, then they again played with my mind and told me that they will arrange money on my behalf and will give that money in American to agent, but i have to give my property to them , i had no any other solution, either give my property to them or i have to lose my 15 lakhs , i agreed with this hope i will be in America soon, i made two sale deeds of my two properties under their daughter’s name (my brother’s wife) my bhabhi, as they told me and my bhabhi’s mama told me,  and when i was doing sale deed , my grandfather stood in the place of my bhabhi. (that was sale deed) and that sale deed these lines was written i received the sales amount in cash.  (and in that sale deeds no any words were written that i am making sale deed under my bhabhi’s name or she is living in America, only wittenn that name of my bhabhi, w/o my brother’s name s/o my father name  and resident of our Indian house address) and other side my name s/o my father name s/o my grandfather name r/o of my other Indian house address.

              Then after many months , and their again and again excuses, i was very fed up, and very mentally upset because i lost my properties, i lost my 15 lakhs, and nobody knows about it , not even my own family members, i was under very very depression, and i did not got any visa, they did fraud with me and played with my emotions, they i gave threats to my brother’s father in law that i will complaint in police and gave threat to her mama i will do complaint in police here in india, he was a government employee in electricity department (J.E) he and my brothers’ father in law told me not  to worry we will give back your property to you, just follow our instructions, i was in very hurry to get back my properties, then after 10 month’s sale deed i made, they called my bhabhi from America, and she came from America in her’s mama’s house , and her mama prepared  all the sale deed’s papers in the tehsil , he told me just come at this time directly in the tehsil and your bhabhi will made a sale deed in your grandfather’s name i agreed, my grandfather is 86 year old , cannot understand everything, i was witness in that sale deed and that girl (as my bhabhi’s mama told me) made a sale deed under my grandfather ‘s name, but when we went to tehsil complex, i met that girl but she did seems my bhabhi, i told her mama , but he told me no no she is, , she have changed her hair cut  and you only met once to her in the marriage, you forget her, (because i only met 1 time to my bhabhi in the marriage, after marriage my bhabhi and my brother went to honey moon and then directly to America)

              i was to depressed and was in very much hurry to get back my property, i did not inquire everything just i had in my mind one thing just to get back my property, then they went back after making sale deed then again come after 5 days to make second sale deed under my grandfather name and same thing happed they came directly to tehsil complex and called us directly to tehsil complex.

            Then my both properties once again come back to me under my grandfather name. And my bhabhi, her mama (living in india), her one chaha (living in india), her father, mother, brother promised me over the phone they will soon give back my 15 lakhs to me. But after 3-4 months passed they refused to give my money, and openly gave threat to me that they will complain against me and my grandfather that i did fraud with them , with there property which they purchased from me, because that girl was not my bhabhi, she did not even come to india to make any sale deed, that girl her mama arranged, and they made a complaint in the NRI police station from America, then i talked to my brother , mother and father in America, and told them my all problem and what happened in the last 9-10 months, that father in law of my brother, mama, chaha instigated me, won my trust , and told me that donot tell anyone about your America visa we will surprise your brother and father mother in America, when you will ring a door bell of your famliy’s hosue in America, and this way they cheated me, and now made a complaint against us here india, then a very big surprise again came again, my brother told that , that girl cheated them also, she won their trust and they brought 2 hosues in America under her name too. And now she filed divorce case in America and living separately from my brother from the last 7 months.

            Now sir, suggest me what i do, how i save my properties, how i save myself and my grandfather from the 420 case, which we did accidently to get back our lost properties.  what type of case i file to cancel/challange  both the registries , what i do, i consulted  many lawyers, but all told me you will in criminal case now, nobody will going to believe you. But this is true word by word.  I am in very bad situation now, police is calling me to police station , but i just gave them time that i am out of station will come back next week. But its already 3 weeks passed now, no any lawyer suggest me what i do now, all shows hopeless views now, How i can get my property back please help,..  I lives in Punjab. 

Hello, This is Venkatesh. I have paid fees for visa process to Canada, but before starting the process the cap was closed and i'm unable to process the visa application. The company asked for university papers to start the process, so i applied to the university to get the papers what they asked, before i get the papers from the university (it is a 2 month university process) the cap was closed so i'm unable to process the visa application this year. I asked the company to refund the money but they said that it is not possible to refund. I said that, "you did not even start any process for visa application and i did not even get any service from your side, so you should refund the amount". At last they said that they will give service for next year. My question is if i'm unable to process this year too can i file a case against them for the refund of money. Kindly advice me regrading the same. Thank You So Much In Advance.

I got married to a girl 5 yrs back and now we have a daughter who is 3 yrs and we both are Catholic Christain.  Initial she was not interested in our married life and I came to know later that she had an affair  with a guy for more than 3 yrs and her parents have forced her to marry me (this she has mentioned in her personal dairy and mentioned that she is acting as loving me.  She has mentioned in her dairy that she misses him very much but never told that she likes me till take in that personal dairy).  Once I came to know her past affair, I told her that it’s happen in everyone’s life and I am ready to accept her if she is able to overcome the past and start a new life.  Then we had a kid and still I find that she is not happy with me.  Later I came to know that she still have contact with her ex-boyfriend and he was going to get married to another girl.  She is asking her over online in social media chat whether she will have a place in his heart even after married and he replies that she will always have place in his heart and will not be able to take her from his heart even after marrying to someone else.  She is asking him whether he will be able to accept her if she come back to him after few days and he replies that he is ready to accept her any time.  After knowing this I called up that guy and blasted at him and now he is stopped the online chat with her on social media (not sure whether he is in contact with her on phone or office mail).  After which she is having a close relationship with her office colleague who is younger to her and he messages/call her almost every day.  I am not sure whether they are close friends or something above that but I have seen some message where he messages her that if she goes on leave, he will feel very bore/alone and he will call her every day during her absences at office and every time she login to social media she used to chat with him and he used to say that he is afraid of chatting with her online.  I assume they used to meet every day in office and during lunch time. 

 

I have not taken any money from her salary all these 5 yrs and I was spending money on household expense and for kid.  Now recent she started saying that she doesn’t want to live with me.  She started searching for a job at different location and planning to take the kid with her without informing me.

 

My questions

 

1.     I don’t want to divorce her as I got married to her because I want to live with her and have taken this decision even after knowing about her past relationship.  Is there any way where I can take any action against those guys and stop her from going to different location for a job.

 

2.     If she is adamant that she wanted to go to different location, legally what is the way I can retain the kid with me?

Hello Sir/s,

Thanks for this wonderful website and the lawyers. I have a few questions:

1. Background:

    

   1.       My sister got married in 2001 and subsequently in 2007 the couple filed for divorce on mutual consent and got the divorce decree in June 2008 from the High Court.

    

   2.       But before getting the divorce decree, my sister married her colleague (a bachelor aged around 40 ) in Jan 2008 at a simple marriage ceremony in a temple attended by close family.

    

   3.       Further, the newly-wed couple got their marriage registered at sub-registrar’s office in Nov 2013 by stating that both were married for the first time stating my sister to be a ‘spinster’ .

    

   Questions:

    

   1.       Is my sister’s second marriage legal as she got re-married even before getting the divorce paper in hand?

   2.       Is there some kind of a waiting / cooling period that my sister should have waited / followed before getting re-married?

   3.       In the sub-registrar’s office, she stated her status as a ‘spinster’ and not a ‘divorcee’ – did she do anything wrong here?

   4.       Will any marriage certificate state that a person is married for the first time or second time etc., etc.,

2.  

3. Regards / TRR

 

I sold(only agreement) my land to MLA but he took it on his friends name in 2011 & while agreement he new that the land was in litication & he told that he will handle it, but till now nothing has been done. so, still that agreement is valid or there will be valid period for it. what is the validity of an agreement? like after certain period any agreement is not valid, some peoples told, is it right?

Respected Sir,

I have a property that is rented to a corporate and the corporate stopped paying me the rent amount.Provision in our leave and license agreement was that if the corporate stopped paying the rent for consequently three months than it will have to vacate the premises.As per the terms we issued them a notice for breach of contract and pay the rent amount. Instead of paying the rent amount they approached the city civil court and filed a case that we are harrassing them for not allowing them to use the premises.The court ordered that we should allow them to use the premises and not intervene in matter.

Now,in the whole scenario we are still not getting the rent of the premises. It has almost been 9 months rent overdue and 4 months from the time order has been issued.

What should we do now? Please advice 

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My great grand father had purchased a shop from maharaja's of bikaner after that he made a will to my grandfather and their brothers and based on that my grandfather and their brother's compromises and  brother's of my grandfather have left their part to my grandfather by a registered "ikrarnama tyagpatra" after that my grandfather made a will to my father .

       when i go to nagarpalika for name transfer they refused to transfer it . giving reason that legal advisor of nagarpalika said this property is ancestral property and it can not be transfered in name of my father.

 

                  i think it is the wrong can i claim manhani case against legal advisor  and   if not what i have to do.