Question: Will the government of Telangana regularize our services? We, the employees working in the O/o. Telangana State Council of Higher Education (A Statutory Body of the Telangana State), have been working on a Consolidated monthly remuneration for the past 10 to 15 years, with the hope that the Government of Telangana will regularize our services. The Finance (HRM.I) Department, Government of Telangana, has issued a government order vide G.O.Ms.No.38, Dated: 30.04.2023, for the regularization of the services of Contract personnel based on the proposals received from the concerned administrative departments.
However, since the Telangana State Council of Higher Education is under the 10th schedule of the Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, the consolidated employees belonging to Andhra Pradesh are still working, and we, the employees belonging to Telangana, are 20 persons working in different cadres which come under Group-IV, struggling to get our employment regularized.
Furthermore, our employees’ data has not been listed in the Government orders vide G.O.Ms.No.38, Dated: 30.04.2023. We, therefore, request you to do the needful and help in the regularization of our services.
Your cadre is not defined therefore, no information has been given in the said government order. Thus, you should move a representation to the respective authority of the state government to classify your cadre. If the government is making delay in determination of your cadre, then you should move a writ petition in the High Court for seeking a mandamus writ.
If your cadre has been defined then you are entitled to be regularised as per the government order dated 30-04-2023. There is only one legal impediment i.e. classification of cadre, lies in your case. Otherwise you are entitled for regularisation.
Question: Bank not allowed to repay the personal loan in UAE. I want to repay my personal loan in UAE but the bank is not helping me with a feasible repayment plan. What can I do?
You can talk to your bank and explain your financial situation. You can request for a feasible repayment plan that suits your current financial situation. If you have any proof of your financial hardship, such as loss of employment or a medical emergency, you can provide that to the bank. The bank may consider your situation and come up with a repayment plan that is more manageable for you.
If you have taken a personal loan from a bank or financial institution and are facing difficulties in repaying the loan, you may be able to approach the Debt Recovery Tribunal for debt restructuring. Here are the steps you can follow to get your personal loan restructured through DRT:
- Approach the bank or financial institution: You should first approach the bank or financial institution that provided you with the personal loan and request for debt restructuring. You can explain your financial situation and request for a repayment plan that is more manageable for you.
- File a case with DRT: If the bank or financial institution is not cooperating with your request for debt restructuring, you can file a case with the Debt Recovery Tribunal. You will need to engage a lawyer to represent you in the case and file a petition with the DRT.
- Attend the hearing: Once you file the petition, the DRT will issue a notice to the bank or financial institution to attend the hearing. At the hearing, both parties will present their arguments and evidence, and the DRT will make a decision on the matter.
- Debt restructuring order: If the DRT finds in your favor, it may issue a debt restructuring order to the bank or financial institution. The order may require the bank or financial institution to restructure your loan by extending the loan term, reducing the interest rate, or changing the repayment schedule.
- Follow-up: Once the debt restructuring order is issued, you should follow the repayment plan as per the order. You should also stay in touch with your bank or financial institution to ensure that they are complying with the order.
Question: Deceased sister’s son not giving his sign for sale of property. Property is in possession of three brothers they want to sell sister died few Months back son of deceased sister not cooperate.
If the property is owned jointly by three brothers and their deceased sister, then all the legal heirs of the sister, including her son, have a share in the property. If the brothers want to sell the property, they will have to obtain the consent of all the legal heirs, including the son of the deceased sister.
If the son of the deceased sister is not cooperating, the brothers can try to resolve the issue through mutual discussions and negotiations. They can explain the need for selling the property and try to address any concerns or objections raised by the son of the deceased sister. It may also be helpful to involve a mediator or arbitrator to facilitate the discussions and help in reaching a resolution.
If the son of the deceased sister still refuses to give consent for the sale, the brothers can approach the court and seek a partition of the property. In a partition suit, the court will divide the property among the co-owners, including the son of the deceased sister, in accordance with their respective shares.
The co-owner has committed the offenses of mischief and criminal trespass. You should file an FIR against him, as he has no right to demolish the common wall that was erected in compliance with HSVP regulations. If the co-owner has any grievances, he should make a complaint before the appropriate authorities of HSVP. However, instead, he has taken the law into his own hands and demolished your wall. His act constitutes an offence.
You should also initiate a civil suit to recover the losses you incurred due to the demolition of the common wall, as well as to seek a permanent injunction. A decree of permanent injunction would prohibit the co-owner from interfering with the premises. You may also claim litigation expenses and compensation for the mental agony you have suffered due to the demolition of the wall.
Question: What is the Meaning of Association of Allotee as per Sec 31 of RERA. Is it a mandatory requirement that Association formed by Allotees needs to be registered under any law to be able to file a complaint in RERA? Or The Association of Allotees can file complaint without the need to get registered in any law.
The term “Association of Allotees” is defined under Section 2(ja) of the Real Estate (Regulation and Development) Act, 2016 (RERA). As per this section, the “Association of Allotees” means an association of the allotees of a real estate project, formed for the purpose of protecting the interests of the allotees in the real estate project, and to ensure that the builder or developer complies with the obligations under the Act and the rules and regulations made thereunder.
Section 31 of the RERA provides for the formation of an Association of Allotees. It states that the promoter (i.e. builder or developer) shall facilitate the formation of an Association of Allotees within three months from the date of the majority of allottees have booked their units in the real estate project. The Association of Allotees shall be formed for the purpose of representing the collective interests of the allotees of the real estate project.
The Association of Allotees plays an important role in ensuring that the builder or developer complies with the obligations under the RERA. It can take action against the builder or developer if there is any violation of the provisions of the Act, and it can also represent the allotees in any legal proceedings against the builder or developer.
Is it mandatory that Association of Allotee as per Sec 31 of RERA must be registered?
Yes, it is mandatory for the Association of Allotees to be registered under Section 3 of the RERA. Section 3 of the RERA requires the promoter (builder or developer) to apply for registration of the real estate project with the Real Estate Regulatory Authority (RERA) of the concerned state. As a part of the registration process, the promoter is required to provide details of the Association of Allotees formed under Section 31 of the Act.
Once the Association of Allotees is formed, it is required to be registered with the RERA within three months from the date of its formation. The registration process involves submitting an application to the RERA along with the required documents, such as the bye-laws of the Association, details of the office-bearers, and the minutes of the meeting in which the Association was formed.
Registration of the Association of Allotees is important as it provides legal recognition to the Association and enables it to function effectively in protecting the interests of the allotees of the real estate project. It also enables the RERA to monitor the activities of the Association and ensure that it is functioning in accordance with the provisions of the RERA.
Question: How to improve CIBIL score? My CIBIL score is getting bad day by day. Due to which I am not able to avail any loan. In this scenerion please suggest how to improve my CIBIL score?
Your CIBIL score is an important factor that banks and financial institutions use to determine your creditworthiness when applying for loans or credit cards. Here are some ways you can improve your CIBIL score:
- Pay your bills on time: Late payments can negatively impact your CIBIL score. Make sure to pay all your bills on or before the due date to avoid any late payment charges.
- Maintain a low credit utilization ratio: The credit utilization ratio is the percentage of your credit limit that you are using. Keeping your credit utilization ratio below 30% is considered good for your CIBIL score.
- Avoid multiple loan/credit card applications: Applying for multiple loans or credit cards within a short period of time can negatively impact your CIBIL score. Limit your applications to only those that you need and wait for at least six months between applications.
- Check your credit report regularly: Regularly checking your credit report can help you identify any errors or discrepancies that may be affecting your CIBIL score. If you notice any errors, contact your bank or credit bureau to have them corrected.
- Maintain a healthy credit history: A long and healthy credit history with a track record of timely payments can positively impact your CIBIL score.
- Don’t default on any loans: Defaulting on a loan can have a significant negative impact on your CIBIL score. If you are facing financial difficulties, reach out to your bank or financial institution to explore options for restructuring your loan or creating a payment plan.
By following these steps and being responsible with your credit, you can gradually improve your CIBIL score over time. Remember that improving your score takes time, so be patient and consistent in your efforts.
Question: How to construct a slop for easy access to my portion of property? Our living space shares a common passage that is divided into portions, with the first position belonging to one person and four more portions beyond ours. We have recently reconstructed our portion and intend to create a slope from the end of the first portion to ours for easy access. However, the person who owns the first portion is now filing a suit against us to prevent the construction of the slope. Additionally, there is a small pit in the common passage of the first portion that has existed for over 50 years. Despite our request for its removal, the person has refused to do so and did not mention it in their lawsuit against us.
It is true that it is not permissible to encroach on someone else’s property. Constructing a slope that extends onto the property of the person who owns the first floor would indeed interfere with their peaceful possession of their property. In this situation, it would be wise to avoid constructing the slope and instead try to resolve the issue amicably with the owner of the first floor. Finding a mutually agreeable solution would be the best way to resolve this issue without causing any legal conflicts or disputes.
Encroachment on someone else’s property without their permission is considered an offense and is illegal. It can result in legal action being taken against the person who has encroached on the property. Therefore, it is important to respect other people’s property rights and not engage in any activities that may infringe upon their rights or cause any harm to them.
If constructing a slope that extends onto the property of the person who owns the first floor is not feasible or is legally prohibited, there may be alternative methods for constructing a slope that provides access to your living space without encroaching on their property.
One alternative method could be to construct a slope that remains entirely within your own portion of the common passage. This could involve creating a gradual incline or steps leading up to your portion, which would allow for easy access without encroaching on the property of the first-floor owner.
Another alternative could be to explore the possibility of constructing a separate pathway or access route that does not involve the common passage. This could be done by creating a new entryway or using an existing pathway that does not interfere with the property of the first-floor owner.
Ultimately, finding a solution that is acceptable to both parties and that does not infringe on anyone’s property rights is the best approach to resolving this issue. It may be helpful to consult with a legal professional or a mediator to find a mutually agreeable solution.
Eviction of tenants from property after partition. I have filed for the partition of 13 properties in the District Court. These properties are located in a town approximately 60 km from the District Court. I have obtained an interim injunction order. Now, I need to evict the tenants from those properties. Can the District Court issue an eviction order? My advocate says that I need to send a separate eviction notice to each tenant from the local court as the rental value is less and eviction orders cannot be issued from the District Court. I would appreciate your help.
Asked from: Delhi
You have to send a legal notice to each tenant separately because each of them has separate cause of action. Amount of rent does not matter for the determination of the jurisdiction of the court. In this case, the subject matter is the main concern for the selection of appropriate forum.
Generally, the small causes court deals the matter of tenancy. If a rent control officer has been appointed in your town, then you have to move eviction suit in the court of that officer. The procedure for filing an eviction suit involves the following steps:
- Issuance of a legal notice: The landlord must first issue a legal notice to the tenant, asking them to vacate the property within a specified period.
- Filing of a suit: If the tenant fails to vacate the property, the landlord can file an eviction suit in the appropriate Civil Court (small causes court), along with the necessary documents, such as the lease agreement and the legal notice.
- Service of summons: The Court will issue summons to the tenant, asking them to appear in Court on a specified date.
- Hearing of the suit: At the hearing, both parties will be given an opportunity to present their case, and the Court will examine the evidence presented.
- Order for eviction: If the Court finds in favor of the landlord, it will issue an order for the eviction of the tenant.
Related
Can my uncle deny the mutual partition of property? I co-own a property with my uncle that was gifted to my father by my aunt through a gift deed. The property has no partition deed, but we had a mutual partition agreement on a court paper with witness signatures. I have built a house on my part of the property, although it is still incomplete. However, my uncle has denied the mutual partition and has approached the court. What are my chances of success in this case?
In India, mutual partition of property refers to the process of dividing jointly owned property among co-owners by mutual agreement, without the intervention of a court. This is often done to avoid lengthy and costly legal proceedings, and to resolve disputes amicably.
The mutual partition agreement is binding on all co-owners and creates a separate and distinct title for each co-owner in their respective share of the property. Each co-owner can use, sell or transfer their share of the property without the consent of the other co-owners.
However, if any co-owner disputes the validity of the mutual partition agreement, they can approach a court to challenge it. The court will consider the evidence and may declare the agreement invalid if it is found to be fraudulent, coerced or against the law.
The property in question was transferred by your aunt to your father through a gift deed, so there is no dispute regarding the transfer of ownership from your aunt to your father. Following your father’s death, the property devolved to you, giving you clear and unambiguous title to the property.
In the ongoing civil suit, there is no dispute regarding the devolution of the property to you. When the property was gifted to your father, it became his self-acquired property. Upon your father’s death, as per the rule of survivorship, you became the owner of the property. Therefore, you are likely to succeed in the civil suit.
Given the circumstances, it would be advisable for you to file a declaratory suit to establish your 50% share in the disputed property. The mutual partition has been confirmed by your uncle’s conduct, as he never attempted to cancel the partition deed executed in the presence of a witness until you began constructing a house on your part of the property.
Can a subsequent purchaser of a land be a Bonafide purchaser. Can a subsequent purchaser of a land be a Bonafide purchaser while d civil suit is pending? A civil suit is pending in the civil judge senior division.
Generally speaking, a bonafide purchaser is someone who buys property without knowledge of any defects or claims against it. If the civil suit involves a claim against the land or a defect in the title, then a subsequent purchaser who buys the land without knowledge of the suit or the claim/defect could potentially be considered a bona fide purchaser. However, if the subsequent purchaser has knowledge of the suit or the claim/defect, then they would not be considered a bona fide purchaser.
As per the facts of your case, if you had no knowledge or information about the pendency of a civil suit you should be treated as a bonafide purchase. When a person buys property as a bona fide purchaser, they typically acquire good title to the property, which means that they have the legal right to possess, use, and transfer the property.
The property rights of a bona fide purchaser are generally protected under the law. In most cases, a BFP takes title to the property free and clear of any claims or interests that existed prior to their purchase. This means that if someone else had a prior claim to the property, such as a lien or encumbrance, the BFP generally takes title subject only to those claims or interests that are expressly disclosed at the time of the purchase.
However, it’s important to note that there are some exceptions and limitations to a BFP’s property rights. For example, if the BFP is found to have acted in bad faith, such as by intentionally avoiding knowledge of a defect in the seller’s title, their property rights may be limited or even voided altogether. Additionally, certain claims or interests, such as government liens or easements, may take priority over the BFP’s rights.
Overall, the property rights of a bona fide purchaser are generally strong, but they can be subject to limitations and exceptions depending on the specific circumstances of the case. Your question is not completely clear therefore, it would be hard to give precise advice. A general rule regarding the rights of bonafide purchasers has explained above.
