Civil Matters

Government denying my right to transfer of property bequeathed from my grandfather

Sir, my great grandfather, had taken a lease from the government and he erected a house over it. We have to reside in the same home since from the beginning. No question has been raised by the government when I bequeathed this land along with the house from my father. My father has died in the year 1978. Now I have sold this house to my friend and got registration in his name by sale deed.

No objection was raised by the government. Now I received a notice from the government to vacate the land and compensation for the house erected by my great grandfather. The government wants to resume this property on the basis that it was granted to my great grandfather. What is the remedy available to me?

Forfeiture of gratuity without held guilty

I am a retired government servant. A departmental proceeding was pending at the time of my retirement. Therefore, the competent authority had forfeited my gratuity without holding me guilty of proved misconduct. He presented ambiguous inquiry report which is forthwith admitted by the superior officer.  Thereupon full gratuity is forfeited.

Gratuity is the self-earned income of the employee, so the government has no power to forfeit it without holding me guilty. Is there any provision that concerned authority can forfeit my gratuity without held me guilty?

Right to pension

I was a public servant and retired from the post of superintendent engineer. No departmental inquiry was set up against me for the alleged misappropriation of government fund from the state treasury. My pension and gratuity are stopped without any reasonable cause. It is a clear violation of the right to a pension of the employee. Please advice.

Indane distributor committed fraud

I am a consumer of the Indane an Indian oil petroleum gas service, i.e. Indane. My distributor committed fraud by issuing several connections without having the authority. Later on, the Indane has terminated his agency and transferred all connections to another distributor. Indian oil has ceased my consumer number by stating that distributor issued it without any authority.

SARFAESI Act: quashing of demand notice

The bank has violated the procedure made under the SARFAESI act and proceeded for property auction. In possession notice, date of demand notice was incorrect. Moreover, under 13 (3–A) bank has not responded for the representation given on the demand notice. How to quash or stop the notice of sale and possession notice?

What to do when children causing nuisance in night

I am living in an apartment with my family. I am disturbed by kids making loud noises when they play in the corridor of the apartment. There is no playtime for them, and they play till 10 pm sometimes. There is a play area in our apartment which has ample space for...

How to set aside ex parte decree passed in civil suit

I purchased a plot in Saharanpur for the consideration of thirty-five lakh. The younger brother of the seller has filed a lawsuit for cancellation of the sale deed. I did not present in the court proceeding on some dates because I live in Mumbai. The civil court has passed an ex-parte order. I came to know about it from other sources. What is the remedy available against this decree?

It was your responsibility to present before the court. If you could not be able to appear on some dates, you were to move an adjournment application. The court does not pass an ex-parte decree without giving ample opportunity to the opposite party to present in the court proceeding. When the court finds that the defendant is deliberately remaining absent, the court is bound to pass an ex-parte decree in favour of the plaintiff.

Injunction against unnecessary disturbance causing by neighbour

Our neighbour is harassing us because he is saying that we have built an illegal construction and have blocked his way. Whereas, in reality, he has extended his house wall towards the road thereby blocked the access of the main road. Thereupon my dad filed a complaint in Panchayat. But nothing has happened. Now when we have been building a boundary wall then he is harassing us. Don’t understand what to do. Please help me with your suggestion.