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HomeCustody and PlacementGrandparent Rights
New Grandparent's Rights Rule in Wisconsin
July 2, 2019 nelsonda Custody and Placement, Grandparent Rights	filing for grandparent visitation in wisconsin, grandparent visitation in wisconsin, grandparents in a divorce in wisconsin, grandparents rights in wisconsin, new grandparent rights rules wisconsin, new grandparent rights wisconsin
This spring, in the highly anticipated case, Michels v. Lyons, the Wisconsin Supreme Court changed how the circuit court interprets the Wisconsin grandparent's rights law. The Wisconsin grandparent's rights law allows for the circuit court to award visitation to grandparents under certain conditions. This law has been somewhat controversial as the courts must balance the interests of parent's deemed to be fit making decisions for their children, and the importance of the relationship between grandparents and children. This law applies to paternity and divorce cases where the parents are not married.
In the Michels v. Lyons case, the Wisconsin Supreme Court determined that the Grandparent's Visitation Statute, Wis. Stat. 767.43, is constitutional which means that grandparents continue to have the right to ask the court to order visitation with their grandchildren. However, in order for the circuit court to award visitation to a grandparent, the grandparent must overcome the court's presumption that the parent's visitation decision is in the child's best interest and prove, with clear and convincing evidence, that the parent's decision regarding visitation with the grandparents was not in the child's best interest.
In other words, it is the grandparent's responsibility to prove to the court, at the highest level of proof required in a civil case, that the parent's decision (usually to reduce or stop visitation between their child and the child's grandparent) is not in the child's best interest. The Court made it more difficult for the courts to substitute what their judgment, or a grandparent's opinion, of what is in the child's best interest for visitation for that of a fit parent's judgment. This can be an uphill battle for a grandparent seeking court ordered visitation.
However, it does not mean that a grandparent cannot succeed in a motion to set grandparent visitation. There has always been an assumption that fit parent's decisions as to visitation between a child and a grandparent is what is in the child's best interest. The change is that in a motion for grandparent visitation it is the grandparent's responsibility to prove that the parent's decision is not in the child's best interest. This is a more difficult thing to prove.
There are many fact scenarios where the Court could see that grandparents could be successful. For example, if the minor child has resided with the grandparent for a period of time, or provided care to the minor child on a consistent basis. If a parent decides to cut off all contact between a minor child and a grandparent, especially in such a situation where there is an established relationship in the examples above, it may be appropriate for the circuit court to order visitation in that situation. Grandparents visitation cases may be more common when a parent decides to reside with a grandparent to get back on their feet after the end of a relationship, or during and after a divorce. Depending upon several factors, it may be more likely to see the relationship between a grandparent and grandchild reach a level envisioned by the Court to meet the burden of proof necessary to award court ordered visitation.
This new standard in the grandparent visitation cases places a greater emphasis on fit parents' decisions regarding visitation between a grandparent and their minor child. However, it still contemplates many situations where there should be visitation ordered by the circuit court when this parental decision can be proven by clear and convincing evidence to not be in the child's best interest. The Court acknowledges the importance of preserving a relationship between a grandparent and a grandchild. However, these relationships must be balanced with a fit parent's decision. If you are involved in a situation regarding grandparent's visitation, whether you are a grandparent, or a parent, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.
Wisconsin Supreme Court Resolves Issues Regarding Grandparents and Stepparents Rights
April 21, 2016 October 29, 2016 nelsonda Custody and Placement, Grandparent Rights	filing for grandparent visitation in wisconsin, grandparent rights in wisconsin, grandparent visitation in wisconsin, grandparents in a divorce in wisconsin, Meister case in Wisconsin, parent-like relationship in wisconsin, stepparent rights in wisconsin, stepparent visitation in wisconsin, third party visitation in wisconsin
Until recently, Wisconsin case law supported an interpretation of Wis. Stat. § 767.43(1) that required a grandparent, great-grandparent, or stepparent to prove "a parent-like relationship" with the child in order to secure visitation rights. However, the Supreme Court of Wisconsin's ruling in the recently decided Meister* case made it clear that only a person other than a grandparent, or stepparent filing a motion for visitation must prove "a parent-like relationship."
The Court, through this decision, eliminated an additional and unintended barrier for grandparents and stepparents who are seeking visitation rights. This change in the interpretation of the law will open the door to more grandparents, great-grandparents and stepparents who wish to seek visitation rights. Regardless of this barrier being eliminated, it does not guarantee that the grandparents or stepparents will prevail. The Court must "consider the constitutional rights of the parents" and "decide, in its sound discretion, whether the facts and circumstances of the case warrant granting, modifying, or denying a visitation petition in the best interest of the child."
It is important to note that the above applies to children born to married parents. For children of unmarried (and subsequently never married) parents, the visitation statute still requires that a grandparent or stepparent show they have "maintained a relationship with the child or have attempted to maintain a relationship with the child but have been prevented from doing so by a parent who has legal custody of the child." Again, however, this type of relationship does not have to be "parent-like" in nature.
If you are a grandparent, great-grandparent or stepparent seeking visitation rights of a child, it is important that you have an attorney navigate you through this evolving area of the law. If you wish to speak with an attorney at our office, please call 414-258-1644 for a free ½ hour office consultation.
* In re the Marriage of Meister, Nancy and Jay. 2016 WI 22.
Grandparent Rights in Wisconsin: Can I File an Action?
November 18, 2014 October 30, 2016 nelsonda Custody and Placement, Grandparent Rights	filing for grandparent visitation in wisconsin, grandparent rights in wisconsin, grandparent visitation in wisconsin
In Wisconsin, grandparents may be afforded the legal right to have visitation with their grandchildren. The process to obtain these rights may be difficult, therefore it is helpful to have an attorney navigate you through this process.
When the parents have been married, and have subsequently divorced, grandparents may request "reasonable visitation rights" in the existing family law action. In order to be successful in this type of action, the grandparent must successfully demonstrate three factors: (1) he/she has maintained a parent-child relationship with a child, (2) the child's wishes to have a relationship with the grandparent, and (3) the visitation with the grandparent is found to be in the child's best interest.
When the parents are unmarried, the grandparent may file an independent suit or petition if they have maintained a relationship with the child or have attempted to do so, but were prevented from having a relationship with the child by the child's custodial parent. In these cases, there must be a determination of who is the father of the child (a paternity determination). If the requirements are met, then the court will consider other factors, such as the best interest of the child, the wishes of the child, and whether the grandparent will abide by decisions made by the child's parents concerning the child's "physical, emotional, educational or spiritual welfare," if that grandparent is afforded visitation rights.
There are also other actions available to grandparents seeking visitation when one or both parents are deceased or when the biological grandchild has been adopted. Nelson, Krueger and Millenbach, LLC does not handle guardianship cases or adoption cases, so if this is your situation, you should seek advice from an attorney experienced in these areas of the law.
If you wish to speak with an attorney regarding grandparents rights in a divorce action or in a paternity matter, please contact Nelson, Krueger and Millenbach, LLC, at 414-258-1644 to schedule a free half-hour consultation.


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Traffic Violations Balancing the Scales of Justice
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The rate of drivers in the U.S. has been growing exponentially, and as the number of drivers have increased, so have the number of accidents. This is why the state of California has set strict rules governing the road.
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Some examples of serious traffic violations include those involving:
Driving with a license that has been revoked or suspended (California Vehicle Code Section 14601)
Committing the felony of a hit and run (California Vehicle Code Section 20001)
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Q: Facebook share and publish_actions permission If we are sharing post using FeedDialogBuilder, do we still need to use publish_actions permission?
Currently, I'm trying to submit a review for my app for publish_actions permission and it keeps on telling me that I have not used a call to the api even though I have already tried to share it on my wall.
I am using an account with an admin role for testing the share function.

A: In general you don´t need publish_actions for Share/Feed Dialogs - but why not just try it without the permission and forget about the Review?

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Legal Suggestion Needed : Comment
June 3, 2018 June 3, 2018 1 min read Indian Legal Solution
I Purchased a piece of Land about 8 years ago from one of my friend. After that, i built my house on that piece of land and start living peacefully. Now the issue is that in good faith, 'registry' of that land was not done ( Ownership was not transferred to me) as he the seller was a know person to me but i had paid all sum of money to him at that time which was demanded by me for the land.
Now today, he is blackmailing me that the ownership of land is on his name, so either again give money for that land on today's rate of leave the house. I have my house from last 7 years on that land as i had paid him the price 7 years ago but now for registry of that land, he is demanding money from today's increased rate.
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60 thoughts on "Legal Suggestion Needed : Comment"
Vikas Khatkar
June 3, 2018 at 10:44 ams
Do you posses any Agreement to sell or sale deed executed in your favour?? If so, then only you can file a civil Suit for specific performance in Civil Court.
Panjab University, Chandigarh
Anshul Gupta
In this problem..adverse possession will apply
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.
A typical statute requires possession for 7 years, if under color of title, or 20 years if not. The threshold, however, varies by jurisdiction.
Apratim De
June 3, 2018 at 12:17 pms
As per law the registry should have been done at the same time though the intention was an bonafide one and it is the very basic fact that any registry can be done only when the intention is bonafide and not malafide also as per Indian Contract Act 1872 any contract is considered to be valid only if it is based on bonafide intention and not on malafide intention. Moreover wrt the above given problem the purchaser will not get any remedy from court as the piece of land was not registered in his name.
Swati Rai
First of all registration is a very important step and one should never be negligent.
You are living in that house from the last 8 Years so You must be paying all the electricity / Water / Maintenace bills .
On those bills Your name must be there as You are the one Paying .
You can use those bills as a proof .
Maheshwari rao
As the land was purchased from your friend and land registry was not done, your friend can acquire his ownership because the land was sold to and was used by you since 7 years continuously and also constructed the house at tbe beginning of the 7 years so yoi have "color of title" which means you have acquired legal title of that land not the ownership. As 12 years time is required for establishment of adverse possesion as stipulated in Limitation Act, 1963 so you have to make a land registry otherwise the ownership lies within your friend and he can claim. But you can sue him for blackmailing under section 503 of IPC i.e., criminal intimidation.
Harshita Ayan
Land registry is definitely needed even if it is a gift deed like in this case it was given from one friend to the other in "good faith". That is no excuse from not getting the land registered. Registration is done to make sure that there is no case of fraudulent activities that can arise from it. Unregistered deed has no legal sanctity. However, a petition can be filed saying that the original owner of the land is claiming the land back but at the present day price. Relief should be given to the petitioner by letting him pay the original price of the land.
Sakshi Singh
12 years is for transfer of ownership irrespective of whether the land is sold or not.
Here it is the sale of the property. So you just need to prove that you have paid the amount for the ownership of property. And both parties, at that time, intended the payment to be in furtherance of the sale agreement.
Ashish maan
Can retain the possession as adverse possession as a defence
Archita Bhattacharjee
You get all the payment receipts of the price by which you have built the house by your own and then you demand him to pay back all as presuming that you have favoured him by creating a nice house for him. Let it be his land. But at the end draft a note assuming that you had a contract to built a house for him and get the money as per today's increased price
Anmol Tanwar
June 3, 2018 at 1:08 pms
See for any transfer of property; one need to fulfil three criterion I. E. It should be in writing; duly attested and registered.
In the absence of these 3 one would not be able to have ownership of land.
Ritu Pandey
First of all, this case is solely depends upon fiduciary relationship between both the parties also the person who has acquired the land since 7 years would be at fault as he didn't made registry of the land when he bought it. moreover as the law solely believes on evidences henceforth if I can present my evidences which proves that I have paid all the sum evidences can be such that an agreement made between both the parties , or may be if I will able to produce witnesses who were there at the time of there mutual selling and buying of land …then only court can provide the relief to the person'I' otherwise he may left the land or as per the desires of the owner may pay the due amount. Because till the time registry take place till then ownership will be only in the other parties hand.
Ishu Deshmukh
According to Section 17 of the Indian Registration Act, 1908, it is mandatory to register the documents.
If you fail to register the property, the previous owner or the developer will be considered the legal and rightful owner. Legally, the sale of property won't be considered valid till the sale deed is duly stamped and registered. The basic purpose of registration is to record the ownership of the flat or land.Impact of non-registration
Failure to register the purchase agreement of a property, could put you at a huge risk. Any document that is mandatorily required to be registered but is not registered, cannot be admitted as evidence in any court of law.
Court accpets documentary evidence.
And the aggrieved party has no documents to prove that he had given money to the other party and any other documents. He has to pay the money in today's rate if he has no other means to prove himself in court of law.
HARSHIT SHARMA
The remedy which you have to get the immovable property registered is to sue the seller for the specific performance of the agreement to sell as you have performed your part of the agreement and now it is his turn to do the same. Moreover, you may produce the electronic evidence of the recording of the seller blackmailing you (if you have), which will strengthen your contention (as it can be used as an admission if the court deems fit) as well as you may be entitled to damages.
If you want that you want your money back, then you may sue the seller for the actionable claim of the money which is forwarded to him in lieu of paying the consideration for the sale of the desired immovable property.
With this, you may also file the suit for the declaration of title and can request from the Hon'ble court to ask the seller to perform his duty and enforce the right of the seller as have been laid down under TPA.
To know about the reasoning behind the aforementioned suggestions, please read the following contentions provided beneath, for your reference.
LEGAL POSITION
To quote at first instance, a transfer of property means an act by which a living person (Legal Personality or Natural persons) conveys (mode by which new titles are conferred or created) property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act, as provided by Section 5 of the Transfer of Property Act, 1882 (hereinafter referred as "TPA").
And there are different modes by virtue of which immovable property can be transferred. One of such mode is "SALE", which is adopted in this case for the transfer of the tangible immovable property. The sale is that mode in which the transfer takes place in lieu of the consideration of price either paid or promised.
According to Section 54 of TPA, "Sale" of tangible immovable property which worth more than ₹100 can only be made with the registered instrument (as made mandatory after 2001 amendment to the aforementioned act) as has been prescribed under the Indian Registration Act of 1908 and the Indian Stamps Act of 1899.
Analysing the situation, where it has been 8 years that the purchaser has paid full amount of consideration and in lieu of the performance of his part he has built the house on the land which was sold by the buyer, but as the buyer was a friend of him, the registration of such land was not made per the guidelines of the desired enactment (which is the sole essence of the transfer and forms the part of conveyance). After a long period of 7 years, the original seller is now blackmailing, on the ground that if he will pay again the full amount then only the registration will be affected in his name.
In this situation, the purchaser is a bonafide buyer who can have two remedies for this issue. The first one would entail that the buyer would institute a suit for specific performance of the unregistered sale deed. This can be shown and proved by the pieces of evidence of withdrawal of sale consideration by the seller and the deposit of the same by the buyer. Another thing is that he has been in peaceful enjoyment in the house that is built by the buyer on the land purchased, which clearly shows the intention of the seller in respect of the sale made.
Moreover, after the consideration is paid, it is the duty of the seller to forward the title deed, register the sale and make the conveyance and it is the right of the buyer to have charge of his money paid on the property. Which could also be affected by the court's intervention (Section 55 & 56 of TPA).
The second remedy which could be availed is of the declaration of the title on the basis of the part-performance performed (which could be easily defeated by the want of registration of the sale deed), but it can be used for defending the possession.
Furthermore, it should also be noted that at present no interest or right is transferred in favour of the buyer and he cannot exercise any right which is solely authorised to be exercised by the actual owner (refer "contract for sale" u/s. 54 of TPA). As has been provided that, registration is compulsory for execution of sale deed and to make it a valid sale. It has been a long period of 8 years, within which it is to be assumed that registration should have been made, but the buyer now has to show and prove that why he was unable to make the same registered.
In another situation, where you don't want that property and you want your money back, then you may sue the seller for the actionable claim of the money which is forwarded to him in lieu of paying the consideration for the sale of the desired immovable property (A rare situation which may arise and you are not willing to restore the tangible immovable property).
For future references, please note that non-registered sale deed is of no use and no sale is validated by it unless it is registered according to the registration and stamps laws in force for the time being in such jurisdiction. So, when making any further purchases please make sure to have the sale deed registered. [cite: Suraj Lamps & Industries Pvt. Ltd v. The State of Haryana, (2009) 7 S.C.C. 363].
Minali Gupta
First of all registration of land is very important.
I am reminding you for further transactions that don't trust anyone and do everything as per the legal requirements.
Secondly, see if there is any document regarding the transaction or any witness or any recording which you can use as a piece of evidence against the person.
Also, you are staying in that house for 7 years, you must be paying all the taxes and bills. They must be coming in your name.
Use them as piece of evidences.
Sai Hasitha
Transfer of property Act, 1882 governs saleof immovable property. In the instant case the sale of land took place in good faith. Though the property bought without registering is considered invalid in law. Supreme Court in plethora of cases held that sale in good faith will not be considered as invalid sale or transfer. The Supreme Court in the cases of Suraj Lamp & Industries Pvt Ltd v State of Haryana, Narandas Karsondas v SA katam and Rambhau Namdeo Gajre v Narayan Bapuji Dhotra held that immovable property can be legally and lawfully transferred or conveyed only by a registered deed of conveyance. Therefore, since sale agreement, GPA and will transfers do not convey any title, they do not amount to transfers. Such transfer documents cannot be recognised as deeds of title, except under the limited extent of Section 53A of the Transfer of Property Act. further it has also held that any genuine or good-faith transactions would not be invalidated by this decision.
Hence in the instant case the sale property shall be valid if in case suit has been filed against the buyer the burden lies on the buyer to proof that the sale has been made in good faith.
Ayush Kumar jain
Sale of immovable property becomes valid after registration. In the instant case the buyer did not register the property and purchased it in good faith. The Supreme Court observed that the purchase of land in good faith shall be considered valid.Registration of title of property must be in good faith and it is clear breach of good faith under Indian contract act, 1872.
Although it held that such transactions are illegal and cannot be recognised as valid under law, the Supreme Court further sought to distinguish these illegal transactions from genuine transactions entered into by parties in good faith. While referring to Sections 53A and 54 of the Transfer of Property Act under the case ofIn Suraj Lamp & Industries Pvt Ltd v State of Haryana.
If the piece of land has been sole in good faith then it is presumed that it has registry on that land and he can claim the ownership in that land.
First of all, registration of the deed was very important. I am reminding you for further transactions to not to trust anyone be it your friend or relative and do everything by fulfilling all the legal requirements.
Secondly, now what you can do is see if there is any recording, or any document or any witness whom you can use as evidence against the person.
Also, you have been living in this land for 7 long years, so you must only be paying the bills and taxes. They must be coming to your house in your name only.
You can also use them as piece of evidences.
Torsha Saha
Provided the facts of your case, that you bought the land from your friend, you should get it registered. Under section of 17 of Registration Act,1908, one needs to get land or property registered, provided the property is not in Jammu and Kashmir. You can file a case against him for criminal intimidation under Indian Penal Code. You can also prove it to the court by showing the transaction made between you both for the payment of cost of the land. In addition, if you have documents proving that the taxes implement over land have been paid by you and also for 7years your friend chose to not convey you about any such information. Also show it to the court, whether agreement for sale was made or not.
KRATIKA MANDIL
the buyer can file a civil suit under injunction as the limitation period for claiming the property is 12 years and declaration over the house so that he wont be asked to leave the house and during the case he can give the proof regarding the possession of the house by giving reciept of payment made and any legal agreement transfer of property and can examine the seller that why was he silent for the span of 8 years and now he is claiming.
Roshni Kapur
Firstly, it can be argued as to why the friend did not object at the time of construction of the house on his private land.
Secondly, any records of blackmailing of present can be presented before the court.
Thirdly, any electricity bills etc with the name of the plaintiff can be show for the past 7 years showing possession.
Aayushi Mungee
Section 53A of the TPA deals with part performance where there must be a contract to transfer for consideration any immovable property between the transferor and transferee and the transferee taken possession of the property or any part thereof or being already in possession, continues in possession in part performance of the contract and the act of transferee has done something in part of the contract or willing to perform his part of the contract then transferor shall be debarred from enforcing against transferee. The main object or intent of this section is to prevent transferor from taking advantages on the account of non-registration of the document.
Thus even though registration of land was not done but if there exists an agreement after which the possession was delivered.. It can be admitted as a evidence in the court.
Sukriti
The Indian Contract Act 1872 majorly comes into play.
The party living in the house will be paying all the required taxes under his name so it can serve as a evidence as to the party never did acquire the land dishonestly.
Also the party living in the house should have kept in mind that a registry of a land is a important piece in the contract and while the payment was being demanded he should have asked for the papers that certify that the land has indeed been transferred to the respected party.
The concept of adverse possession applies in this situation. Also the party claims that the amount was transferred or given 7 years back itself. The transaction can be proven and thus the claim can be made that the payment for the said land has already been done and even then the other party failed to transfer the ownership of the land.
Nikita kaushik
If you have an agreement on sale deed then you must file a suit on civil court and also, mentioned that solid reason why you didn't made the registry.
Shruti Raviraj Chavan
He should have proof to show that he has built house on that property or any document like 8-A extract or light bill or water tax bill
Another option,
He can file suit of declaration and injunction against that another person
He should have proof to show that he has built house on that property or he should have document like 8-A extract or light bill or water tax bill
He can file suit of declaration and injunction with documents like agreement of sale ,money transfer slip
Akashi Agrawal
In this case the doctrine of adverse possession will apply, because the buyer was having open, uninterrupted and continous possession over the land since 7 years. Adverse possession is a process by which premises can change ownership title. So here even if the seller is challenging that the property belongs to him, the buyer can aquire the property because he holded the property in an open, uninterrupted and continous manner for a specified period.
The buyer can also give evidence of the bank statements if he had paid the money to seller through cheque or transferred it into latter's bank account.
The buyer can also produce the house tax water tax bills for evidence, if the seller claims to be the owner of that house why was he unaware with the payment of those bills since these long years.
Lovely Singh
Firstly, the Court will look into the circumstances which was one of the reason of the unregistered sale deed as because of the good faith that the party did not bother to get the ownership transferred in his name.
Secondly, the buyer is enjoying the possession of the land and has also built a house on the same clearly shows the intention of the seller and the buyer.
Thirdly, the buyer has 9/10 ownership as he has the possession and other rights with respect to that land, therefore he just need to establish the contract of sale or any agreement of sale, or any other document supporting his claim to the property, or any receipt of payment in favour of the buyer and other instances where owner has passively allowed his interest over the property.
Maahi Mayuri
There is an unregistered agreement to sell followed by delivery of possession of the property.
Section 53A of the Transfer of Property Act will be applicable which contains provisions for part performance where there must be a contract to transfer for consideration any immovable property between the transferor and transferee and the transferee taken possession of the property or any part thereof or being already in possession, continues in possession in part performance of the contract and the act of transferee has done something in part of the contract or willing to perform his part of the contract then transferor shall be debarred from enforcing against transferee.
Thus, this section aims at preventing the transferor from taking an undue advantage of non registration of sale deed.
Section 49 of the Registration Act 1908 would also be applicable whichsays "No document required by section 17 [or by any provision of the Transfer of Property Act, 1882], to be registered shall
affect any immovable property comprised therein, or
confer any power to adopt, or
be received as evidence of any transaction affecting such property or
unless it has been registered:
[Provided that an unregistered document affection immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II if the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered instrument".
Equitable doctrine of Part Performance is thereby given a legislative sanction by the said section.
In Ajit Singh v. Vinod Kumar & Ors, FAO(OS) 504/2013 & CM 17624/2013, it was held that the unregistered agreement to sell could be received as an evidence.
In Bobba Suramma Smt. V. Pedderiddi Chandarama Smt. 1959 Andh. LT, it was held that Section 53A of the Transfer of Property Act enshrines a right to a person to protect his possession as against transferor. It is equally available against person who claims under him such as heirs, assign and legal representative.
Further, in the case of irham Pal & Ors. V. Niranjan Singh & Ors., it was held by the court that on the basis of section 49 of the Registration Act, an unregistered agreement can be form the basis of a suit for specific performance. It was also stated by the court that section 17(1A) of the Registration merely declares that such an unregistered contract shall not be pressed into service for the purpose of Section 53(A) of the Transfer of Property Act, 1882 and thus does not, whether in specific terms or by necessary intent, prohibit the filing of a suit for specific performance based upon an unregistered agreement to sell, that records delivery of possession or is executed in favour of a person to whom possession is delivered and the proviso to Section 49 of the Indian Registration Act, 1908 put paid to any argument to the contrary.
To conclude, based on the aforementioned judgement, we can say that
"(a) a suit for specific performance, based upon an unregistered contract/agreement to sell that contains a clause recording part performance of the contract by delivery of possession or has been executed with a person, who is already in possession shall not be dismissed for want of registration of the contract/agreement;
(b) the proviso to Section 49 of the Registration Act, legitimises such a contract to the extent that, even though unregistered, it can form the basis of a suit for specific performance and be led into evidence as proof of the agreement or part performance of a contract."
Deepika pal
You may file specefic relief for the transfer of ownership under the specific relief act.
Aditi Rathore
Acorrding to me the real intention during the time of agreement was bona-fide I even in the absence of registry both were agreed there are two types of contract 1)expressed 2)impiled so even in the absence of registry there is a valid contract as both the parties to the contract is agreed on the terms and conditions as the person holding the land made his house pays electricity bills, in his own name and the house is also registered in his own name. As the implied contract is valid in the eyes of law so without any registry or wriiten paper the dead is valid and in this case friend cannot balme or blackmail that person for extra Money after 7 years but however, according to my assumption the court will order to make a registry in favour of other person residing for 7 years and the demand for extra money will be abolished by the Court.
Anshu Singh
Possession is the 9th part of ownership and he can file a case regarding registry of land. He is living there having the possession of it and can go to the court with the poof of transactions of amount which was paid.
Further on criminal side a FIR can be logged for blackmailing.
Sweta subudhi
Show your sale deed if u have it. Show electricity bill papers.tax receipt and khajna receipt. Then u can file a suit in civil court.
Supreme court sought to distinguish these illegal transactions from genuine transactions entered into by parties in good faith. While referring to Sections 53A and 54 of the Transfer of Property Act and its decisions in Narandas Karsondas v SA Kamtam and Rambhau Namdeo Gajre v Narayan Bapuji Dhotra, the Supreme Court further observed that a transfer of immovable property by way of sale can be effected only by a deed of conveyance. In the absence of a deed of conveyance (which must be duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. The court further dealt with the importance of registering documents that record transactions of sale or transfer and the need for all states to take steps to curb malpractice, thereby reducing the circulation of unaccounted wealth (or 'black money') in society.
In this case you can plea that the immovable property was subjected to gift and the party holding the possession of the immovable property is maintaining the aforesaid from a period of time.You shall also submit the receipt of money which was transferred to the seller.
Kushagra
Adverse possession will apply. The transfer of property can be made by showing the proof of payment.
Pranay Maheshwari
In the pretext of the situation, thhe victim/plaintiff has only option to file a civil suit in the competent civil court with a prayer for Permanent Injunction and further for direction to execute the sale deed in favour of the victim regarding the plot in dispute.
Vyomica Paul
The remedy available here is of a civil suit for adverse possession in addition to permanent injunction.Further for direction to execute the sale deed in favour of the victim regarding the plot in dispute
Aishwarya sudhir
If u have any proof of amount you paid against the land you can proof it and claim for possession and can sue the other party for blackmailing you and fraudant act as ownership is not transferred to you.
If have any proof of payment against land you can easily claim for possession and you can sue the other party for blackmailing you and for fraudant act he didn't transferred ownership to you.
Balvinder singh
The Supreme Court had ruled last year that all property sales would be considered invalid unless the sale deed was duly stamped and registered.Registering the documents relating to the transfer, sale, lease or any other form of disposal of a property is compulsory under section 17 of the Indian Registration Act, 1908.In case of dispute if a party does not registered the property in his name he has no claim over it .
Muskan gangwar
For the above problem if your friend is blackmailing you for the same then you can charge him under section 503 of IPC. In starting you have purchased a land, registry is must as you can not acquired its possession as its ownership still lies in the hands of your friend.
If you are having any documantry proof of payment against land you can claim for ownership and can sue other party for blackmailing you and for fraudulent act of other party as he didn't transferred ownership to yoy.
Prabhjot Kaur
June 4, 2018 at 1:26 ams
Where a party is in possession of a sale deed and other documents expressly proving that such party is in possession and has been residing on the land for the past 7 years, the party can further sue the seller for specific performance with a view that he will complete his part of the contract.
Parthesh
The transfer is invalid as according to transfer of property act the registration is a necessary. The person with the house can still appeal in the court but according to the recent judgements of the supreme court of india the registration is needed.
In the case of Irham Pal & Ors. V. Niranjan Singh & Ors. It was held that the unregistered documents of the property cannot satisfy the condition of section 53A of Transfer of property act
But if we think from the side of the person with house he can show the complete transection details of the money transferred to the other party against property and he ( the man with possession of property) can also raise a question why the other party waited so long (7 years ) to raise the question.
Varenyam Shukla
The remedy is available under section 18 of registration act, 1908 which talks about instrument not compulsorily registrable and section 49 of registration act which talks about effect of non registry of property. Further section 503 also provides for the remedy of black mailing I.e criminal intimidation.
Further the seller is bound to adhere to the agreement of sale under Indian Contract Act, 1872 as he has received the consideration therefore bound by his promise and later on cannot go against his promise that is required to be executed by the seller.
The remedy is available under section 49 of registration act, 1908 – If the document is required to be compulsorily registered and if it is not registered then it will not a)effect the immovable property comprised therein
b)confer any power to adopt or
c) be received as evidence of any transaction or conferring such power
Further section 18 of the same act says that registration is not compulsory if instrument is available acknowledgeing any receipt or payment of any consideration on account of creation and extinction of any such right leases of any immovable property not exceeding one year, wills etc.
Further remedy is available under section 503 of IPC providing punishment for blackmailing I.e criminal intimidation.
Ishwar Kumar Sharma
This is a case of part performance given in section 53a of transfer of property act 1882 where one party is bonafide and has done some part of transfer and willing to done remaining part. The new owner cannot be removed from the property with just a ground that he has not done the registration part. So here also the new owner is bonafide and has not done the registration part because he was the friend of previous owner at that point of time. So with all the bills and by neighbours information he can be provided innocent in court.
Shradha Desikan
One cannot be dispossessed by another without the interference of law. A person has to go with the legal route if he claims title over a property and not take law in his hands. You can file a case for lawful title as well as a case of criminal intimidation against the seller of your property. The evidences of your stay in the house that includes taxes as well as the sale documents or money transfer records done 8 years prior would help in attaining the title of the property in court.
Sonali Sinha
The ownership can be claimed by showing the documentary proof of the payments .
However, registry is important for any immovable property purchased.
Ekta chandrakar
The concept of adverse possession will apply in this case as per section 53A of TPA,1882
As the buyer of land/house didn't had any interruption from seller and had continuos possession over the land since 7 years and therefore the buyer has acquired a valid title over the land.
Also, if the buyer wants to proof himself in court of law, he can show evidences which may include electricity bills, tax payments etc of house which clearly mentions the name of buyer and not the seller and can ask if seller was in possession then why was he not paying the amounts and let the buyer bear the cost of transactions.
Ananya Singh Thakur
First of all registry is definetly required for the transfer of ownership. And one thing you can do is show that you have the possession of the land since past 8 years and you can also show the transaction of the money, unless it is paid in cash.
DIWANGI GUPTA
According to Transfer of property act transfree who owes property 7 years ago is the real owner if his attention is bonafide.According to Section 53(1A) of transfer of property act,1882 after this amendment property which is transferred must be registered under that act.
Kirti kaushik
The transfer is invalid as according to transfer of property act the registration is a necessary. The person with the house can still appeal in the court for voiding the breach of trust. But its a duty of seller to transfer to the ownership after the payment, because it his duty .
Its a case of part performance in which one party full fill his part of obligation. Adverse possession is also there but the year from which ther person is acquired or lived on that land is 20year but its up to the argument. The bill of house that is maintain by him and if there is cash recipt for the purchasing of house is available, any eye witness that are present when he purchase the land.
Here, this is a Case of Part Performance which can read under section 53 A of 'Transfer of Property Act, 1882', where one party is bonafide and has done partial transfer of money and is willing to do the remaining part. The new owner cannot be removed from the property with just a ground that he has not done the registration part. Even here, the new owner is bonafide and has not done the registration part because the previous owner of the property happens to his friend. The new owner has enjoyed the property undisturbed for 8 years in a row and has been bearing all the expenses and paying the bills in regard to the said property, the neighbors statement can also be taken into account in order to proof for the same. If still it doesn't works out for the new owner, he may file an Appeal for Temporary Injunction under Order 39, Rule 1.
Abhishek Chauhan
to build on his land he has to give consent letter POA will not work
if u have any proof of money paid u can file suit that now he is not transfering into ur name
u can file 420 and 406 on him
as u r staying in that place u shld hv electric bill and ration card etc
Mansi Gupta
In such a case, possession is a proof of your right on the property. The possession for a long period of time constitutes a valid title over the property which will function against the interest of the owner. This in legal terminology is referred as Adverse Possession.
Under Indian Law, by efflux of time as mentioned under Section 65 of Limitation Act, 1963, possessor is entitled to the ownership.
In the present case, since the owner did not claim his rights over the land for a longer period, he later cannot take action to recover the same. Further, you can prove your possession over the house through the bills paid like electricity, water etc.
Manish Goyal
In this case, after the receiving of payment, it is the duty of seller to register the property in the name of buyer. we can argue about performance on the part of seller. Any civil agreement for the sale of property will work as evidence. Water/electricity/maintenance bill also work as evidence of proof that you are in possession of house.
Registry is always mandatory in the case of purchase and selling of the land. Since the man was living on that land for the last seven years so he has acquired the legal title but he has no ownership. Even according to the Limitation Act, 1963, twelve years are required for the establishment of the adverse possession.
So you have to make the land registry otherwise the ownership will like with your friend and he can claim it back.
However, you can sue him for blackmailing you under the offense of criminal intimidation under Sec 503 of IPC.
Shriya Pandey
In this case, it can be said that the purpose of Registry is not fulfilled. The purpose of Registry of Land is that the immovable property becomes permanent in public record. It is a kind of notice to general public.
According to Transfer of Property Act rights, title can be acquired only if the deed is registered.
Since the title is still with the owner therefore the person having land cannot say if any problem arises because it was his duty to register his land as soon as he got it .
However, Adverse possession may apply in this case . It suggests about the time limit of 12 years under which the real owner can claim for his land .
Here, the case is weak from plaintiff's side because the main work has not been done from his side which would have given him rights over the land.
Therefore, Whenever you buy a piece of land , you need to register the same with the authority concerned, so that a legal ownership title is guaranteed to you.
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SHERMAN — Two Chinese nationals have been convicted in federal court of taking part in an attempt to smuggle 1 ton of Colombian cocaine across the Pacific Ocean.
Feisheng Liang, 52, who drove the Chinese ship, and Kanhua Wu, 51, its diesel mechanic, were stopped by the Coast Guard about 1,000 miles west of the Galapagos Islands in November 2016 while heading back to Hong Kong with the cocaine on board. Smaller boats had loaded the drug into the Yue Shan Wei Yu's hold while the ship remained offshore.
The verdicts came down late Thursday after the jury initially announced it was deadlocked. U.S. District Judge Amos L. Mazzant sent them back to the jury room to continue deliberating, and they later returned a split verdict, acquitting the men of two of the four drug charges against them.
A sentencing date has not yet been scheduled. Both men face 10 years to life in federal prison. Five others, a Colombian and four Chinese men, have pleaded guilty to their roles in the offense and await sentencing.
The week-long trial in Sherman, an hour north of Dallas, highlighted the realities of international cocaine smuggling on the high seas. Colombian drug cartels are increasingly hiring Chinese fisherman to deliver their illicit cargo across the Pacific to lucrative markets in Asia and Australia, according to testimony during the trial.
The Coast Guard cutter Hamilton intercepted the Chinese ship that tried to smuggle 1 ton of Colombian cocaine to Asia.
And North Texas juries are increasingly being asked to decide the traffickers' fates because the U.S. attorney's office for the Eastern District of Texas has asked to prosecute them. It started with John M. Bales, and his successor, U.S. Attorney Joseph D. Brown, has continued the policy in an attempt to break Latin American smuggling networks responsible for transporting cocaine into Texas.
"To really have an effect on the drug supply in this country, we have to be willing to go after every person involved in the chain of distribution," Brown said Friday. "Whether it's the street dealer, or the person on the boat transporting, or the leader of the cartel, we will charge them and convict them."
He said his office will seek sentences against the men of more than 25 years.
This case is believed to be the first involving maritime drug smuggling to make it to trial in North Texas and the first trans-Pacific smuggling case to be prosecuted in the Eastern District of Texas.
Matthew D. Hamilton, attorney for Liang, said the 30-month plea deals given to the other Chinese defendants were not offered to his client. He said he thinks it's because his client was piloting the Yue Shan Wei Yu.
Hamilton said another reason is that Liang was photographed by a Coast Guard helicopter possibly helping Wu dump 42 bales of cocaine into the sea with buoys and GPS trackers. Both men were seen at an open hatch in the hull where the cocaine bales, tied together with ropes, splashed into the ocean.
The Coast Guard later recovered the drugs, some of which was shown to jurors this week. It was worth about $67 million, prosecutors said.
The Colombian did not receive a plea agreement from the government and faces significant prison time, court records show.
Liang and Wu faced two drug conspiracy charges and two charges related to aiding and abetting. The jury acquitted the men on the conspiracy charges. Because so much cocaine was involved, they are likely facing significant prison time, Hamilton said.
He said the verdict reveals that the government could not prove Liang had intended to join the conspiracy, only that he helped it by steering the ship.
Liang took the witness stand on Wednesday and testified that he was a poor fisherman who took the job for the money, not knowing that he was going to be smuggling drugs.
"Obviously, we're disappointed that they came back with any guilty verdict," Hamilton said. "I think we presented a very good trial."
Robert Earl Richardson Jr., Wu's attorney, said it was clear his client was not involved in a conspiracy because the government did not put the co-defendants on the witness stand to testify against him.
Federal prosecutors Jay R. Combs and Christopher Eason told jurors it was not credible that Liang and Wu did not know the purpose of the voyage. They pointed out that the men traveled 9,000 miles to pick up their cargo off the coast of Colombia and were not engaged in commercial fishing at any time on board the vessel.
Bill J. Stovall, the attorney for Xian Chen, said his client, a fisherman, and others received plea deals because "evidence showed they were less culpable" than the defendants who went to trial.
This story was updated at 2:45 p.m. to clarify that the conspiracy charges were not more serious than the aiding and abetting charges.


Enjoy Utah!: Witches Scavenger Hunt!
The Witches Scavenger Hunt begins TONIGHT at Gardner Village, and goes until October 31st!
This is one of our favorite events for Halloween!
1. CLICK HERE to download the scavenger hunt.
3. Walk around the village looking for the witches, and when you find them, don't forget to write them down on your scavenger hunt form!
4. Take your finished scavenger hunt to Naborhood Bakery for a cookie for 25 cents!
CLICK HERE for more events happening at Gardner Village, now through Halloween!


Then you'll this reamer and sprayer gadget dubbed the Stem & Citritwist for those fantastic mojitos you'll be making! Developed by Quirky, the hottest new product company since Oxo, all you have to do is pop the Stem directly into a lemon the next time you want a little fresh lemon on that grilled salmon. The accompanying Citritwist is a grip-friendly reamer that helps you do an expert job of extracting all of the juice from just about any citrus fruit you can think of (except for maybe kumquats). Considering the high price of limes it's a good investment that'll help stretch that dollar of yours. While Citritwist is a great choice for anything that calls for citrus juice, if you're making a whole pitcher of OJ, you'll still want to opt for that good ol' orange juicer.
Love throwing stuff on the grill? Well whether its whole onions, jumbo shrimp or chicken kabobs these Slide and Serve Skewers will have you wondering, how come they didn't make this sooner? Look at the simple design of these things and it really is mind-blowing we had to wait until 2014 to see these come to market. These look just like flattened metal skewers. To use them just slide your meat, veggies or whatever onto the skewers and grill as you normally would. When you're ready to plate, simply grab the slider and slide the food right onto the plate. Most of us who grill pretty regularly have forever been using clean dishcloths, forks or whatever we have handy to slide our grilled foods off the skewer once they're cooked. This does just the same thing but with better results.
If you've been putting off buying that blender, now's the time to do it! Spring and summer are blender time and you're going to want something powerful and versatile enough to do everything from frappes and smoothies to gazpacho, hummus and maybe even a nut-butter or two.
If you don't have the bucks for a Vitamix the Oster Versa will do nicely for about half the price. Reviews across the board are very favorable. Cons are pretty minor but include a less-than-easy cleanup and uncovered buttons, meaning if you spill or splatter, stuff can seep inside the button holes. Nevertheless, it's the one I'm buying! See it here.
Yes that cupcake trend is still going strong and why wouldn't it? These easy, delicious cakes bring a smile to just about everyone's faces. Grab a pack or two of these reusable silicone cupcake muffin cups and you don't have to worry about greasing and flouring pans or wasting paper when you buy paper cupcake liners. These dishwasher-safe Lékué Large Muffin Cups bake beautifully (no pan needed) and cupcakes or muffins pop right out!
Okay, to be honest, if you're doing something fancy you probably don't want to use either of the following choppers. But if you're big on salads or are forever dicing onions, these choppers are great for casual, home-y fare and will save you beaucoup time. Alas, for those harder veggies like carrots and jicama, that good ol' mandolin slicer is still your BFF.
#5 +How Pineapple-y are YOU?
Okay, if pineapple is a once-a-year kinda' thing this isn't for you. But if you love pineapple but hate spending 30 minutes at the sink to slice it up, this is for you! The OXO Good Grips Stainless Steel Pineapple Slicer is a corer and slicer in one that leaves the pineapple shell intact so you can use it as part of your presentation. Measurement markings on the OXO Pineapple Slicer determine your pineapple's height before slicing, making it easy to know when you're about to reach the bottom of the fruit. Gone are the days when you had to decide between paying 15 bucks for pre-sliced pineapple or sweating it out on the cutting board. With this thing you can breeze through prep time and go ahead and make that pineapple sorbet, pineapple salsa, pineapple-bourbon punch, grilled pineapple kabobs etcetera, etcetera.
Well I hope you had fun! I know I sure did! Now I'm off to get those mojitos made!
website. You can even submit ideas for your that kitchen gadget you've always wanted to make (and no, they didn't pay me to say that!).


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She enjoyed cooking for her family and church, spending many hours in Peace Church's kitchen. She also loved her flower and vegetable gardens with some of her flowers still blooming at the farm. She worked on the farm, helping to milk and drive tractor (her favorite job was raking hay). She and Arlyn loved to go fishing on the family pontoon, and spent many evenings dancing to a local country music band. Every anniversary of theirs and their close friends', Merlin and Lenora Mae Anderson and Sylvan and Mary Torkelson, were spent together for 60 years. They belonged to a neighborhood card club and she was an excellent euchre player, known by the family as "the winner." Every Wednesday night for many years she bowled for Lynn's hairstyling. They enjoyed all their special outings and trips and their yearly fishing expeditions. She was an active member of the Friendly Neighborhood Club, Woman's Fellowship and Deborah Circle of Peace Church in which she held many offices. She was also on the board of Scenic Acres.
MaryAnn was very proud of her children, and her grandchildren were the light of her life. In later years the great-grandchildren always brought a smile to her face.
Survivors include her children: Cheryl (Don) Bossard of Farmersburg, IA; Jay "Lynn" Gray of Tucson, AZ; Dean (Joanne) Gray of St. Olaf, IA; and Duane (Ruth) Gray of Thomson, IL; nine grandchildren, Ann (Jeremy) Smith, Jerry (Kelly) Bossard, Talitha (Joe) Kozlowski, Rebecca Gray, Sarah (Todd) Lawson, Abby (Dan) Palmeri, David Gray, Steven (Nicole) Gray and Flora Gray; four step-grandchildren, Christopher Jones, Jonathan (Kate) Jones, Andrea (Jeff) Braunger and Angela (Chad) Jilek; four great-grandchildren, Domenik Smith, Skylar Palmeri, Ciera Gray, Jackson Gray; 10 step-great-grandchildren, Madeleine Jones, Meagan Jones, Mackenzie VanWinkle, Xander Jones, Xavier Jones, Gabriel Jones, Ethan Braunger, Avary Braunger, Kinsey Jilek and Kamryn Jilek; her sisters, Eileen Smith of Marion, IA and Florene (Lee) Kopecky of Cedar Rapids; her sister in laws, Alice Sorenson of Ames, IA and Lavon Gray of Blue Grass, IA; and numerous nieces, nephews and friends.
MaryAnn was preceded in death by her husband Arlyn; her parents; her sister, Amy Dvorak; her brothers-in-law, Eugene Dvorak, Les Smith, Alan Gray, and Harold "Chris" Sorenson; and her brother-in-law and sister-in-law Harold and Arlene Dicus.


My climb took place overnight, beginning around 10 pm on July 10 and returning the next day at about 1 pm, a journey up and back of about 15 hours. Joining me were two Japanese friends - Masaya and his girlfriend Naomi. Masaya, who had climbed the mountain once before, provided valuable guidance along the way, and his and Naomi's companionship enriched the experience.
The trip up the mountain took longer than expected, mainly because I began to develop symptoms of altitude sickness and needed to make several acclimation rest stops along the way. Even so, we reached the summit around the time of sunrise. Many climbers arrive at the summit by 4:30 am or earlier, waiting patiently in the cold wind to catch the first glimmers of sunlight. The climbing season for all but the most experienced climbers is June through July, when the weather conditions are tolerable and the trails clear of snow.
Most climbers begin at the Fifth Station, which is the highest elevation accessible by car. Among several routes to the top (each with its own Fifth Station), we took the Kawaguchiko-guchi trail, which is the most commonly used pathway and the best for seeing sunrise along the way. Some Mt. Fuji literature suggests that the ascent from the Kawaguchiko-guchi Fifth Station takes just 5 to 6 hours and the descent around 3 hours, but these time frames were unrealistic for us. Allowing for snack and toilet breaks, pauses to take in the spectacular views, occasional rest stops to acclimate to the altitude, and bottlenecks near the summit, our journey required 8 hours to the top and another 5 back down. This pace seemed to be about average, with some climbers moving faster while others took more time to reach the summit.
In planning for the climb, I did not fully anticipate the difficulty of the ascent. Because many Japanese climb Mt. Fuji, I assumed it would be easy, especially for someone like me who exercises regularly and is in good health. Wrong! The beginning of the trail, although on a fairly steep incline at times, was easy. But after the Eighth Station, we found ourselves on steep and rocky terrain where there was no identifiable trail. Instead, chains and ropes guided us upward while providing a lifeline to grab onto. Picking one's way through this surface of rocks and boulders was no easy task, especially given the degree of incline and the darkness. Although I carried a hand-held flashlight, a headlamp would have been much preferable in this area so that both hands were free to grab rocks and catch oneself during a stumble.
Later, the rocks and boulders gave way to smoother trail, but then the rough-and-tumble surface started up again as we neared the top. This latter part of the trail was the most arduous, requiring steady concentration to maintain good footing, especially after dark.
This is not a technical climb, and people of all ages and abilities handle it without too much difficulty. But in the middle of the night on an empty stomach with a strong wind blowing, the going gets tough at times, and you need to be prepared to stop now and then to catch your breath and to let faster climbers pass by. I had read that about half of Mt. Fuji climbers are foreigners, but for my overnight climb, most appeared to young Japanese men with an occasional young woman tagging along. I did see a couple of children who were seemingly unaffected by the altitude and lack of sleep, and several older couples were doing just fine. Regardless, there are a few serious accidents on the mountainside each climbing season, so it's best to be patient during the climb and not take any chances.
After spending some time on the summit, we traveled down the mountain at a steady pace, with only several rest stops. Still, the descent took a full 5 hours. The smooth and sandy return trail looked easy, but we quickly discovered how difficult it was to keep our footing while going downhill on the loose surface material. Traveling at a slow pace, we still slipped and fell to the ground several times, as did other climbers. I recall only two toilet stations on the return trail, so be prepared to use them wisely.
While planning for the journey to the summit, I discounted the possibility of altitude sickness, a common ailment for many Mt. Fuji climbers. Because I had previously climbed to even higher elevations in the U.S. without any adverse health consequences, I reasoned that Mt. Fuji would be no different. Wrong again! Altitude sickness symptoms include some combination of a throbbing headache, loss of appetite, nausea, and hyperventilation, all of which I had at one time or another - during the steepest climbing near the top, I could hardly take more than a few steps at times without stopping to catch my breath. Some other climbers seemed to be in the same condition, and I noticed that quite a few bought oxygen bottles at the Fifth Station to help make breathing easier. Next time I climb, I may consider taking preventative altitude sickness medication, and maybe I'll grab one of those Fifth Station oxygen bottles on the way up.
I was looking forward to using my new camera to capture the moment of our arrival at the summit and to photograph mountaintop scenes. But upon reaching the top, all I really wanted to do was to find the toilet and then the soba shop. I did take a few photos, but the weather was cold and windy, and frankly, there is not a lot to photograph up there. I took some shots of the volcanic crater, the soba shop, and the truly incredible views down the mountainside; I made sure to get "TOP MOUNT FUJI ALT 12,395" and "SUNRISE TOP MOUNT FUJI 2010" stamps burned into my walking stick to prove I was actually there (stamps are available in both English and Japanese); and then it was time to head back down to a warmer climate. Once at a lower elevation, my altitude sickness symptoms completely disappeared.
Because of fluctuating wind chill temperatures and levels of exertion, I frequently added or removed layers to stay comfortable. (The Fifth Station temperature when we departed was a comfortable 24?C/75?F, while at the summit the next morning the temperature was below freezing with a blustery wind.) The light wool hat knitted by my Japanese mother-in-law was especially valuable as the temperature dropped overnight.
One clothing mistake I made was not to bring a pair of light cotton gloves for grabbing onto chains, ropes, and rocks. My heavy down-filled ski gloves were too bulky for this purpose, and consequently, I had to use my bare hands. This would have been a real problem had the weather been a little colder. (Light cotton gloves are for sale at the Fifth Station.) Additionally, as noted earlier, a headlamp would have been helpful in negotiating the higher elevations of the trail. Be sure to bring extra batteries.
I brought plastic sandwich bags to keep my cell phone, wallet, and camera dry; an eyeglass band to prevent my eyeglasses from blowing away when the winds picked up near the top; a baseball cap to keep the sunlight off my face during return trip; a large plastic bag to carry out my trash; and a small roll of toilet paper (although not needed). Some climbers also carry sunscreen and sunglasses. I managed to stuff all these supplies, some snack food, extra clothing, and water into a medium-size, waterproof backpack.
I also carried with me two liters of water (four bottles), which proved to add considerable weight to my backpack. Since drinks are available along the way, next time I will probably bring just a liter.
Fortunately, I took along plenty of 100 yen coins (100 yen is equivalent to about one U.S. dollar, depending on the exchange rate). The toilet facilities ask for a 200 yen donation (at one toilet it is required), and the walking stick stamps at each station are 200 yen each (300 yen for two stamps at the top). Three sizes of walking sticks are available at the Fifth Station for around 1,000 to 1,500 yen, and drinks and snacks along the trail require small change. A reasonably priced warm meal can be had at several coffee shops upon return to the Fifth Station.
Be sure to bring some food for the climb because there are long distances between several snack kiosks, none of which offer anything very appetizing - mainly canned drinks and instant noodles. (I did run across bananas at one location.) The soba for sale on top of the mountain was tasty and comforting after the long climb, and the soba shop provided a welcome refuge from the frigid morning air - prices ranged from around 800 to 2,500 yen.
Excellent & VERY thorough report, Richard.
I was particularly impressed with your coverage of the dangers of altitude sickness.
Thanks so much for sharing your awesome experience !


On Thursday 15 November 2018, the European Court of Justice (ECJ) surprised some observers by its ruling in favour of a case brought by a British clean energy technology company, Tempus Energy, against the European Commission and the British Government over the UK system of managing back-up power. Tempus did not call the capacity market system itself into question; their case concentrated on proving that the way that the system was operated unfairly disadvantaged companies that offered demand-side reduction (DSR) by comparison with generation companies that offered stand-by power capacity.
Formally speaking, the ECJ found that the Commission should not have simply dismissed concerns that the way in which the British Government proposed to run the auctions to allocate power might result in a system which contravened the state aid provisions. The court found that the Commission should have recognised that the doubts raised by DSR operators were sufficient to require a more formal procedure to investigate the UK's capacity market before making a decision about the legality of the proposed scheme. (A formal procedure would have provided an opportunity to make the case for improved treatment for DSR) This ruling means that the capacity market is illegal for a "standstill" period.
What might seem to be somewhat of a technicality has significant immediate practical consequences. On the procedural side, the British Government now has to return to the task of getting the Commission to approve the UK scheme, with, or without , some suitable modification. At this stage it is not clear how long that might take. Of more concern to companies which have invested in stand-by power is that the UK cannot make any further payments under the capacity market scheme designed to ensure power supplies during the winter months. Furthermore, until the precise legalities have been sorted out, it will also not be possible to proceed with the auctions scheduled for early 2019 which were supposed to enable energy firms to bid for contracts to ensure that the lights stayed on.
Beyond that is a question about how best to manage a situation in which the demand for electricity is temporarily greater than the available supply. One answer is to pay significant sums to owners of coal and gas power stations so that their plants are kept on standby ready to provide emergency back-up in times of high demand. But an alternative is to so manage demand as to mitigate, if not eliminate, the problem. DSR proponents would argue that managing the demand side reduces the amount of new investment needed in stand-by power facilities. That in turn reduces any environmental impact: for some of the plant needed for stand-by power is just not built.
A statement from the Department for Business, Energy and Industrial Strategy stated "The ruling does not change the UK government's commitment to delivering secure electricity supplies at least cost, or our belief that Capacity Market auctions are the most appropriate way to do this. The ruling will not impact security of supply this winter," It added that the government was already working closely with the EC to aid an investigation into the Capacity Market and seeking "timely" state aid approval.
100 per cent renewable energy: is it possible?


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Wine: Grape Adventure | National Wine Centre of Australia
By Elin McCoy Updated March 31, 2015
Adelaide, Australia, prides itself on its proximity to several of the country's historic wine regions. But now the city has a wine attraction of its own: the National Wine Centre of Australia.
A showcase for a booming wine industry--Australia has 50-plus wine regions, and the number of wineries there has doubled in the past 10 years--the center sits on the edge of Adelaide's beautiful botanic garden. The building makes an architectural statement, with curving wooden walls that evoke huge barrels, and industrial bridges and ramps that recall a winery's catwalks. It's a dramatic setting for wine classes (for people of all levels, from beginners to experts), a tasting gallery serving basic and rare trophy wines, and a duty-free shop selling many top bottles that are unavailable or hard to obtain in the United States, such as Grant Burge's The Holy Trinity and Centenary of Federation. But most intriguing are perhaps the life-size three-dimensional talking holograms of local wine and food personalities.
The center's restaurant, De Castella's, serves good modern Australian cuisine, but wine comes first: The menu lists wines in bold, then suggests a dish for each (corner of Hackney Rd. and Botanic Rd.; 011-61-8-8222-9222, www.wine australia.com.au).


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Q: how to set nested object properties in Backbone.Collection.get()? I have an object with another nested object which I would like to modify using Backbone's .get() functionality. According to the docs, I can set the root level object keys, but is there a way to alter the nested properties as well?

A: You can set/get nested values but it will act as a replace not an update.
model = {'foo': {'bar': 'baz', 'qux': 'foo'}};
model.get('foo');                 // {'bar': 'baz', 'qux': 'foo'}
model.set('foo', {'baz': 'qux'});
model.get('foo');                 // {'baz': 'qux'}


Assignment Contract Offered By A Wholesaler At: 8822 San Leandro Dr, Dallas, TX 75218 This is one of those unique properties that has value in several different ways. I'm happy to hear your feedback, and excited to see what this property could turn into. SO, here are my thoughts: Option 1 – Rent As Is: This is the option I will take if I close on it myself. I would simply rent it as is (minor cosmetic repairs needed) and let the dirt continue to appreciate. I think your could get $1,250 – $1,400 with the current condition. Option 2 – Rehab and Sell: I believe you could spend between $50,000 and $80,000 to modify the floor plan and make this home worth $375,000 – $425,000. It is currently a two bedroom, two bath, two story property with a detached garage. Option 3 – Scrape, Build, and Sell: This seems to be the most common approach in the neighborhood, but you'd have to be able to execute on the building plans. The most applicable comp/strategy would be the property at 8931 Daytonia Avenue. A 2,897 home was built there in 2017 and sold for $775,000 on 09/01/2017. Option 4 – Scrape, Market Build to Suit: I've seen this in many neighborhoods like Little Forest Hills. Builders are getting the lots cleared, and waiting for a custom build opportunity. The clearest evidence of this would be the home across the street. Asking Price: I think it's worth $280,000; but I'm open to offers. Value: That's up to you. Closing Date: Mid to late June Deposit: Due to the unique nature of this property, a $10,000 deposit will be required when title is clear.


text:
// Copyright (c) MOSA Project. Licensed under the New BSD License.

using System.Collections.Generic;

namespace System.Reflection
{
	/// <summary>
	/// Provides access to custom attribute data for assemblies, modules, types, members and parameters that are loaded into the reflection-only context.
	/// </summary>
	[Serializable]
	public class CustomAttributeData
	{
		protected Type attributeType;
		protected IList<CustomAttributeTypedArgument> ctorArgs;
		protected IList<CustomAttributeNamedArgument> namedArgs;

		/// <summary>
		/// The type of the attribute.
		/// </summary>
		public Type AttributeType
		{
			get { return attributeType; }
		}

		/// <summary>
		/// A collection of structures that represent the positional arguments specified for the custom attribute instance.
		/// </summary>
		public virtual IList<CustomAttributeTypedArgument> ConstructorArguments
		{
			get { return ctorArgs; }
		}

		/// <summary>
		/// A collection of structures that represent the named arguments specified for the custom attribute instance.
		/// </summary>
		public virtual IList<CustomAttributeNamedArgument> NamedArguments
		{
			get { return namedArgs; }
		}
	}
}

redpajama_set_name: RedPajamaGithub


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UEFA Women's Champions League - Rus aims to take Fortuna to final - News
Rus aims to take Fortuna to final
Wednesday 21 August 2013 by John Leonidou
Last season's competition top scorer with Apollon Limassol LFC, Laura Rus is now at Fortuna Hjørring. Ahead of the last-32 draw she told UEFA.com: "Maybe we can reach the final."
Laura Rus (top) celebrates with her new team-mates ©Fortuna Hjørring
When the UEFA Women's Champions League round of 32 seedings were announced last week, the possibility of Fortuna Hjørring facing Apollon Limassol LFC moved a step closer – which would be a special game for Laura Rus.
The Romania striker left Cypriot champions Apollon for last season's Danish runners-up Fortuna in the summer. Clubs from across Europe took notice of Rus's talents when she registered a competition-leading 11 goals in Europe for Apollon despite their round of 32 exit. They earned a knockout place again last week without the 25-year-old, whose team could be drawn against the Limassol outfit on 5 September.
"Winning the trophy as Champions League top scorer was a wonderful moment in my career and something I will never forget," Rus told UEFA.com. "After winning such an accolade, it is only natural that I want to win it again, especially for my new club."
Rus, who has made the move to Denmark with compatriot Florentina Spanu, is hoping to take Fortuna one better than their run to the 2003 UEFA Women's Cup final, though they have fallen in the round of 16 in all four UEFA Women's Champions League seasons. "It's been a very good experience so far and a new challenge for me," she said. "I am very happy to be here. My ambition is to help get this club as far as possible in the competition. Who knows, maybe we can even reach the final ... "
Rus, who singles out Spain's Verónica Boquete and Sweden's Lotta Schelin as footballers she most admires, believes this season UEFA Women's Champions League campaign will be tougher than ever. "I believe that, year by year, the standard of the Women's Champions League is improving. More and more people are starting to realise that women can play good football and we can already see how the number of young girls at football clubs is increasing all the time."
The Former CS Pandurii Târgu Jiu and Sporting de Huelva forward went on to single out Swedish debutants Tyresö FF – the club where Boquete plies her trade and among Fortuna's potential last 32 opponents – as the team to watch in this year's competition. "They have built a much stronger team this year and I believe that they are one of the favourites to win the Champions League," Rus said.
On the international stage, meanwhile, Rus has ambitions for Romania as they prepare next month to start a 2015 FIFA Women's World Cup qualifying campaign which they hope will take them to a first senior final tournament. However, again Boquete stands in her way as Spain and Italy are top seeded in their section. "On a personal level, I think my biggest ambition in football is to help my country qualify for a major finals competition like the European Championship or the World Cup," Rus said. "That would be amazing."
© 1998-2019 UEFA. All rights reserved. Last updated: Thursday 5 September 2013
LiveTyresö miss out on seeding
The round of 32 draw will be made in Nyon from 12.30CET on 5 September, streamed live and followed by the last 16 draw and UEFA Best Women's Player in Europe Award.
LiveEight more through as qualifying round concludes
The round of 32 lineup is complete after the qualifying round ended with Apollon Limassol LFC and Glasgow City LFC among eight teams that made it through on the last matchday.
LiveRus tops scorers' table
Romanian international Laura Rus finished the UEFA Women's Champions League season as 11-goal top scorer despite Apollon Limassol LFC's campaign ending in the last 32.


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Elephant Ears: Cookies served with summer nostalgia
(Staten Island Advance/Pamela Si
Puff pastry and sugar make palmiers aka Elephant Ears. (Photos: Staten Island Advance/Pamela Silvestri)
By Pamela Silvestri
STATEN ISLAND, N.Y. -- Hazy summer days make me think of my mother. She worked as the bookkeeper at my uncle's restaurant, Jim McMullen's, on the Upper East Side of Manhattan. When school was finished for the summer and camp wasn't in session, it was just me and Mom commuting together to the restaurant back in the late '70s and very early '80s.
Those were the days when customers lingered over three-martini lunches, when Tab was on the soda gun and, outside the red and brick walls of the restaurant, there were many exciting little shops to discover while my mother worked in the office.
Jim McMullen's was located at 1381 Third Ave., between 76th and 77th streets, eventually home to Atlantic Grill, which closed last year. I'd have a routine on those summer mornings before the restaurant got busy at lunch.
First, I'd go to the right toward 79th Street to window-shop or browse the clothing stores. I'd linger at Rappaport's, a toy store that had dreamy dollhouses and other luxurious kiddie things. Over a block or so, on Lexington Avenue, there was the phenomenal Canterbury Book Store, a treat for its complete collection of Nancy Drew books. And down Third Avenue on the opposite side of the street from Jim McMullen's, down by 75th Street, was one of the great bakeries that populated the neighborhood at the time -- Bonte.
On Fridays for a treat, my mother and I would buy a quiche and box of assorted cookies from Bonte's. The rich, distinct flavors of a mushroom quiche in a buttery, crimped crust from this classic French bakery was indescribably delicious. While Bonte's recipe can never be replicated, I recently found that their Palmiers, aka "Elephant Ears," can certainly be conquered at home with little fuss. Nothing compares to the feat of making homemade puff pastry but, in the absence of Mr. and Mrs. Bonte's creations, Pepperidge Farm or Pennant brands will just have to do.
The taste brings me back to those decadent times on Third Avenue, and hopefully you'll find them a treat to make.
The formula is easy, based on research on the internet. You'll need two ingredients -- granulated sugar and puff pastry.
Roll out thawed but cool puff pastry on a clean surface that's heavily sprinkled with granulated sugar, about 1 1/2 cups. Ina Garten says that adding some salt to the sugar makes a difference in taste. Other cooks add dry ingredients like cinnamon, cocoa or chopped nuts for a filling. But let's make this first batch with baby steps.
STEP 1: Place the puff pastry over the sugar and run a rolling pin over it a few times to stretch it out a bit. Flip it over and heavily dust it with more sugar. Roll the pin over the sugar once again.
STEP 2: You can imagine a line running through the pastry horizontally in the middle. Your dough rolling stops from each direction at this midpoint.
STEP 3: Here's what the pastry should look like when rolled.
If you feel the dough has warmed up too much from working it, wrap it in plastic and give it a chill in the fridge for 20 to 30 minutes.
STEP 4: Slice the pastry into about 1/2-inch pieces with vertical cuts and spread on parchment. Roast in an oven preheated to 425 degrees for about 5 minutes.
STEP 5: Then, flip the pastries and roast in the oven for about 5 more minutes, until the sugar caramelizes.
Other stories you may enjoy:
Summer heat, warm nostalgia: When time (and meals) moved more slowly in NYC
Serving eggs with a little Staten Island nostalgia


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Sport has to be brave – positive progress will be rewarded
In VIEWPOINT
Russell Seymour
Fans, sponsors and other stakeholders increasingly demand a more sustainable approach. We cannot miss this opportunity to increase value during this transition, says Russell Seymour
Sustainability issues have been rising in the public consciousness over the last year or two, including among our fans and participants, so sport cannot ignore this. Three issues stand out: plastic waste, climate change and food.
Sport venues use large amounts of single-use, 'disposable' products; the unfortunate irony of these products is, though they are intended to be used for a short period of time, they can persist for many years. Their use is justified because we have to service high numbers of food and beverage customers in short periods of time; service has to be of high quality, but also fast so our customers don't miss the main product which is being played out on the pitch (or course or fairway).
However, these same customers are becoming increasingly aware that these few minutes of convenience may lead to years, decades or even centuries of problems. Whether because of the impactful images of ocean plastics in David Attenborough's Blue Planet II series on the BBC or the ongoing attention of the Sky Ocean Rescue campaign, more and more participants and spectators of sport are reducing their use of single-use products and we need to accommodate that.
The Game Changer report, published by the Climate Coalition in 2018, reviewed the impacts that climate change has already had on three sports in the UK; football, cricket and golf. Bad weather can make pitches and training facilities unplayable. For community clubs this can lead to reduced participation. For professional venues this can cause disruption and cancellations. Both result in reduced revenue and have an impact on the bottom line.
Thirdly, food and beverages provide revenues to sports clubs of all sizes, but waste has impacts at multiple levels. Financially, purchase and preparation costs money and time. Production, transport and preparation of food has environmental impacts. And no farmer, chef or cook wants to see food that they have produced simply go to waste. With food poverty on the rise everywhere, edible food should always be consumed if at all possible.
Compelling reasons
There are reasons why we have always done things the way we have. But there are equally or, increasingly, more compelling reasons why we need to review those ways and embrace change. Sport is already both contributing to and being affected by these issues in many and varied ways. Whether it be the long-term financial and participation risks posed by climate change or the potential reputational risk of single use plastics or food waste, how often do we, in the sports sector, discuss sustainability issues in a meaningful way?
Some things will be imposed upon us. The EU has recently banned certain single-use plastic items where a viable non-plastic alternative is available instead, including such widely used items as cutlery and plates (the ban will come into force in 2021, and will be included in UK law). Often we are sold 'off-the-shelf' solutions, prefixed with "Bio-", "Eco-" or "Compostable" but, be aware that, while they may be better under some circumstances, it usually isn't a simple 'one-out-one-in' and processes also need to change (e.g. a completely separate waste stream for 'compostable' items).
Other ways of doing things will become 'normal' surprisingly quickly as our customers, clients, sponsors and other stakeholders increasingly demand a more sustainable approach. We should not miss the opportunity value in this transition. Sport is unique in the visceral emotional attachments of fans, of the health benefits to individuals and the societal benefits to communities from participation and of the simple pleasure that the shared experience of sport can have.
Collectively sport holds great power for good in society. It is worth noting that sport is the only sector that is specifically mentioned in the document describing the United Nations Sustainable Development Goals (albeit for the positive and far-reaching social impacts that sport has had more than our collective environmental performance) but, should we choose to, sport has the opportunity to play a significant role in making the principles behind the Sustainable Development Goals normal, expected behaviour.
I am not suggesting that the sport sector somehow becomes a campaigning organisation; that wouldn't be a credible response. What would be is a measured assessment of the impacts of climate change, plastics use and food waste on our sector and a review of the opportunities offered by a positive response. Sport has a collective opportunity to take a genuine leadership position.
But how do you take that first step to making a positive change? The most important thing to remember is that "sustainability" is not something separate that can be bolted on to the end of a process to tidy it up and make it a bit more 'green'. Sustainability has to be embedded as a strategic goal, and the simplest way to do that is to ask questions.
Venues and clubs of all sizes will have cleaning and catering contracts, waste providers, and providers of other goods; these are already in place, so you just need to ask the right questions to your supply chain. You may be surprised at the positive response you receive, especially if a contract is up for renewal soon.
Always be prepared to ask "How?", "Why?" and "What do I need to do differently?", especially if offered simple, like-for-like, 'off-the-shelf' solutions. And be prepared to make some operational changes. Also, be brave. No one is perfect and people are forgiving; fans will reward and respect positive progress over inertia and fear of change, but consistency is important.
The other people you should ask are your peers. Read The Sustainability Report for examples of good practice and follow up with colleagues who will, I am sure, be more than happy to talk and share information about their latest project. And speak to us at BASIS, the UK's largest network of sport and sustainability practitioners.
Creating a more sustainable approach isn't about blaming for past performance, but is about recognising that we have opportunities to reduce our impacts while maintaining our standards by doing things in a better way. And isn't that what sport is all about, improving performance by constant review, adaptation and experiment? At its best, sport is about maximising the individual while optimising overall performance – values completely embraced by a more sustainable approach.
Russell Seymour is the sustainability manager Marylebone Cricket Club at Lord's Cricket Ground, the executive director of BASIS (British Association for Sustainable Sport) and visiting lecturer at Loughborough University
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