Property dispute
Property dispute
My parents live with other 3 brothers of my father or uncle. They have captured the entire terrace and have started a construction stating that they want to capture the entire terrace leaving us with
1 month ago
A. Dear Client,
In this scenario, your parents have the option to initiate a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963. This suit would be filed before a competent Civil Court, with the objective of obtaining an injunction under Order 39, Rule 1 & 2 of the Civil Procedure Code (CPC), along with Section 151 of CPC. This legal action seeks the Court's intervention to exercise its inherent power in order to ensure justice in the matter.
My grand father land was registered under his first son
My grand father land was registered under his first son (My Elder Uncle out of 4 brothers) back in 80's, later my elder uncle did not distribute the land at all and now my father asking his elder brot
1 month ago
A. Dear Client,
The Supreme Court has established that an unregistered Will holds legal validity and enforceability. Whether handwritten or typewritten on plain paper, as long as it is in clear language and witnessed by at least two persons, the Will is considered legally valid. Non-registration does not cast doubt on its genuineness, but unregistered Wills are more susceptible to legal challenges.
The validity of a Will is not contingent on registration, and there is no specific timeframe for i ...ReadMore
OBC and aadhaar card
In all my documents (10th,12th, pan card , birth certificate) my father's name is X kumar but in my aadhaar card and OBC certificate it is X kumar yadav...I can easily make correction in aadhaar card
1 month ago
A. Dear Client,
To correct your father's name on the OBC Certificate, you can follow these steps:
1. Affidavit:
- Prepare an affidavit stating the current and desired names, reasons for the change, and a declaration that "A s/o B" and "A s/o C" refer to the same person.
- The affidavit should be made on a stamp paper of the appropriate value, preferably sworn before a 1st class Judicial Magistrate or Executive Magistrate.
2. Gazette Notification:
- Publish a notification in the Gazette ...ReadMore
Loan Against land documents recorded with register 1955 in EC
My Grandfather brought a loan from one person in 1955 against a land document, this was registered in the TN govt. register office. Later Loan was paid in 1960 and land documents were received back. b
1 month ago
A. Dear Client,
If a loan is not obtained by pledging property with a financial institution and a registered mortgage deed is not executed, the registry lacks the ability to update the property status, and it won't be reflected in the Encumbrance Certificate (EC). Therefore, after repaying a personal loan and receiving the original property deed, it is necessary to formally notify the Registry in writing to ensure the records are updated. Subsequently, you can apply to the Registry for the transf ...ReadMore
Open Space Area in Sale deed
I received my flat through bank e-auction from one of the state owned bank. In the e-auction the Sale notice states 3 items for sale (3 flat - 1 Flat in Grnd Floor & 2 Flat in 1st Floor). The item w
2 months ago
A. Dear Client,
Any construction that deviates from the approved building plan is considered illegal and unauthorized, particularly after the issuance of a Completion Certificate (CC) or Occupancy Certificate (OC) by the building plan-approving authority.
The rooftops of a building are typically considered open terraces or open areas, which form part of the common area usable for all the floor owners of the multistoried building. Legally, a builder or developer does not have the right to sell th ...ReadMore
Property transferred from my grandfather to grand son and grand daughter
Dear Sir, My name is kuldeep; I am from Delhi, This is an issue of domestic violence and property related. Sir My grandfather has two grandson & two granddaughter, and grandfather had transferred
2 months ago
A. Dear Client,
If the property was originally transferred to the grandsons and granddaughters in 1998 and your grandfather passed away in 2005, it raises concerns if the property was subsequently sold in 2018 by someone other than the grandsons and granddaughters. In this scenario, where the property is considered ancestral and the grandchildren have entitlement to an equal share in it since their birth, it may be necessary to take legal action to protect their rights.
You may consider filing a ...ReadMore
Error in authoring judgment in a quasi judicial process
If in a quasi-judicial judgment, the author does not discuss what the petitioner is saying & only is putting several conclusions on the case without discussing what petitioner is trying to say - Can i
2 months ago
A. Dear Client,
Quasi-judicial bodies operate within specific domains such as financial markets, public standards, employment law, land use, and zoning, adhering to a set of regulations defined by the agency. Their authority is limited to their designated areas, and they lack jurisdiction to review their own earlier orders. In instances where a quasi-judicial authority renders a decision without allowing the affected parties to be heard or violates the principles of natural justice, an appeal und ...ReadMore
A. Dear Client,
Please provide more details about your query or concern so that we can address it appropriately. Your full information will help us respond effectively.
Cement shop behind my home lot of noise and dust getting from my home
I want to file a case against them
2 months ago
A. Dear Client,
After serving a legal notice to the owner of the cement shop, you can initiate legal action by filing a criminal suit against them under Section 268 of the Indian Penal Code (IPC) for public nuisance. This should be done before the court of the Magistrate concerned.
In addition to the legal proceedings, it is advisable to bring the matter to the attention of the relevant District Magistrate (DM)/Sub-Divisional Magistrate (SDM) and the Pollution Control Board. Reporting the issue ...ReadMore
Recovery of money lent
I lent Rs. 15 Lacs to my relative for 6 months and got documented as notarized agreement. Now, he has no intention to repay. Will you respected lawyers be kind to let me know what remedy i have to ge
2 months ago
A. You have not given all the clear details like from which state you are, you have given the 15 lacs to your relative but have you given it from your own bank account if it is then the details are required, if you have given by cash then forget about it also the agreement made by you should be having all the terms and conditions which you have not mentioned in this question also you should have 2 witness who are willing to come to the court. The documents which you are notarize are actually valid ...ReadMore
