Transfer the right on property while the pending litigation?
Guest
(Querist) 16 January 2018
This query is : Resolved
Dear experts,
My brother filed a partition suite and seeking 1/3 rd share of the parental ancestral property, and other two shares are one is for me and another one is for my mother.
My brother was requested the court for injection for not to sale the land and court has given the injection for not to sale the schedule lands.
My mother is living with me and i am only bearing all the expenditures for my mother.
Now my mother want to transfer her right of 1/3 rd share to my name.
can we transfer the right on property while the pending litigation in court? if yes please suggest me how to do it.
Thanks,
Narayana.
Kumar Doab
(Expert) 16 January 2018
What is the opinion of your counsel that has examined the interim order of court, verbatim?
R.Ramachandran
(Expert) 17 January 2018
Forget for a while about getting 1/3rd share transferred from your mother to your name. WHAT is your response to your brother's partition suit?
Are you ready to pay the value of 1/3rd share to him and retain the entire property for you and your mother? Or are you willing to sell the entire property and give 1/3rd share to your brother? That is the question that you should be concentrating now.
Ms.Usha Kapoor
(Expert) 17 January 2018
With the permission of court your m0ther can transfer her share by way of registered gift deed in your name . during the pendency of partiti0n suit proceedings.strictly SPEAKING NO PERMISSION IS REQUIRED AS MOTHER IS GIFTING AWAY HER SHARE OF1 ACRE LAND TO HER YOUNGER SON AS HE IS TAKING CARE OF HER. TAKING PERMISSION OF COURT IS ONLY A MERE FORMALITY AS MATTER IS SUBJUDICE.
Guest
(Expert) 17 January 2018
@ Ms. Usha Kapoor,
Advice of Ms. Usha Kapoor is questionable, as to why court's permission is required in the absence of any injunction or binding by the court of law on transfer other than by sale, when the injunction pertains only to sale of property?
Any court case does not curb the rights of a person, if no specific order has been issued by the court of law.
Guest
(Expert) 17 January 2018
@ Mr. Narayana,
Very vague question, if you say, "parental ancestral property," that too without any case history. The property can either be ancestral or parental. For appropriate advice, you must first clear, how the property is ancestral and to whom or which generation the property belongs and why there is a need for partition. Also, what is the problem in giving share of your brother, if due?
A question arises, when you would already have hired services of a lawyer, why you felt the need to get clarification at this forum?
Guest
(Expert) 17 January 2018
Seemingly, the query is of hypothetical nature, not a real problem.
Can you clarify, what is the hurry in getting your mother's share during the pendency of a court case, while your brother has filed a case only for his own share?
Guest
(Expert) 17 January 2018
Transfer of Property during the Pendency of a suit irrespective of stay will not affect the Judgement Orders
Guest
(Querist) 17 January 2018
@MR. Dhingara,
Query is not hypothetical, it is real that i want to let my mother know the process, because
my mother is not feeling well in recent days, so she wants to transfer her 1/3rd property right to me.
Guest
(Querist) 17 January 2018
@ MR. Ramachandran,
I have mentioned in written statement that i am ready to give my brother's 1/3rd share as he requested to court in his plant copy and also my brother is not ready to take money, he is seeking his share only.
so now the question which i need to concentrate is, my mother is not able to conduct the case , due to her illness, she want to transfer her share to my name
Guest
(Expert) 17 January 2018
@ Mr. Narayana,
Any specific reason that you have not replied my queries?
Guest
(Expert) 17 January 2018
Seems to be a vague justification.
Of course, in the absence of case history and reply to the questions of Mr. Jigyasu, there is no reason to believe that your problem is genuine.
Another question arises, if you are ready to give his 1/3 share, where is the place of any problem and with what specific reason your brother filed a case for his share, when he is not seeking any share out of your mother's share.
Genuineness of your problem is not visible even to a little bit of extent.
Guest
(Querist) 17 January 2018
@Jigyasu,
Property is paternal ancestral type as it was obtained from grandfather's fatheri did mentioned that i have a problem to give my brother's share , i am always ready to give his share as we mentioned the same in written statement also, 1st my brother demanded for half of the share,but i did not agree to to give half share to him,because my mother also asking some land for her life, so wantedly he filed the suit in honorable court to made the property dispute.
My lawyer is taken the money from me and after that he is neglecting my case, even he is not interested to tell the next hearing date.
Guest
(Querist) 17 January 2018
@Mr Dhingara,
i am ready to provide all the details to prove my problem is genuine, please tell me what details i need to provide
Guest
(Querist) 17 January 2018
@Dhingara,
if i provide you my case number and court details, could you please trust that my problem is genuine?
Guest
(Expert) 17 January 2018
Case related documents, including registered deed/mutation document, as well as the copy of petition, are required to be examined in detail for any purposeful opinion for further guidance,
Guest
(Querist) 17 January 2018
@Dhingara,
State: A.P
District: chittoor
COURT: Court of Senior civil Judge, Srikalahasti,
Case number: OS49/2016
You can check the my case with above details in eCourtsServices
Guest
(Expert) 17 January 2018
Not interested to check the records of the Court of the Senior Civil Judge, Srikalahasti and with what specific reason you expect me to check records from the courts, when you cannot provide? To get copies examined was your interest to find solution to your problem, not my own interest.
Moreover, when you belong to Tamilnadu State (Chennai), in what way your case is justified to be under trial in the Court of Srikalahasti in Andhra pradesh State?
Better rely on your own lawyer or resort to mutual settlement with your brother.
.
P. Venu
(Expert) 17 January 2018
What do you mean by "parental ancestral property"? Which parent - father or mother? How is the property ancestral? What about your father- is he alive?
Guest
(Querist) 18 January 2018
@Venu
its a typing mistake,its not parental ancestral property, it is paternal ancestral property.
Property obtained from fore father period
My father is expired
Guest
(Querist) 18 January 2018
@Dhingara
you have mentioned that there is no little bit of genuineness in my problem, thats why i have given case details to prove that my problem is genuine.
I did not tell you i am belongs to Chennai, then how you decided i am belongs to Chennai, i am working in Chennai and my native is Srikalahasti
if you suspecting that my case is not under trail in Srikalahasti, you can cross check with my case number in e courts website.
Please unnecessarily dont suspect the users in this forum and dont decrease the value of this forum sir
If you dont trust me you no need to give the reply to my question that it.
Guest
(Expert) 18 January 2018
Mr. Narayana,
Guidance or advice is required by you, but instead of providing appropriate information or copies for examination, you wanted the experts to waste their time and energy in search of your case from the sources of court of Srikalahasti. If you want me to waste my time in search from the sources of the court to cross check, do you feel that is your wise proposal? For what of my advantage do you expect me to act as per your advice on such a vague and idiotic proposal?
Better rely on your own lawyer. If you can't do that, better change him.
To be frank, you can't deny his share or even usurp the share of your mother easily, as you wish.
Guest
(Querist) 18 January 2018
MR.Dhingra,
I did not waste your time, you only wasting your time by unnecessarily suspecting the people in this forum, if you feel i am wasting your time , simply you can ignore me. you have raised so many doubts which are useless, so i have given my case number as a proof for your specious doubts.
I know that already i cant deny his share, I am not denying his share also and i have already mentioned the same in written statement, these things i have already mentioned in my previous reply,i think you are not reading my replies, thats why you are saying this...
I am not usurp my mother's share, i am taking care of my mother from long back, so she want to transfer her share to my name- you dont have right to put blame on me
Guest
(Expert) 18 January 2018
Wishful thinking on your part to expect me to go for search of your case, as if I am your paid servant. Even your paid lawyer may not be expected to tolerate your egoistic attitude.
Apparently, if there is any reality in your case, your own ego seems to be the the cause of your trouble with your own brother, who had to file a court case against you. Actually, you don't deserve any advice. When you can't rely on your own lawyer, how you can be satisfied with anyone else advice.
Not only that, you seem to be posting only wrong description in your posts for the reason best known to you only. In this thread you have stated about 1/3rd share of yours and your mother's, but in the latest post of today, ignoring the share of your mother, you have stated the share to be 50:50 with your brother, as per your statement, "i asked my brother to take the half of the vacant house site for his share.but he is demanding the half share in the house constructed by me and half share from the remaining vacant site," in the following thread:
http://www.lawyersclubindia.com/experts/Injection-for-house-632696.asp
THE IRONY IS, YOU WANT TO USURP THE SHARE OF YOUR MOTHER, BUT NEITHER WANT TO MAINTAIN HER IN HER OLD AGE NOR WANT TO GIVE DUE SHARE OF YOUR BROTHER, BUT STILL WANT YOUR MOTHER TO GET MAINTENANCE ONLY FROM YOUR BROTHER, AS EXPLAINED IN THE FOLLOWING THREAD:
http://www.lawyersclubindia.com/experts/Maintenance--625181.asp
YOUR GREEDY NATURE BECOMES QUITE APPARENT FROM YOUR OWN DIFFERENT POSTS.
Guest
(Querist) 19 January 2018
@Mr Dhingara,
You are having tons of ego and you don’t have common sense, do you know that, in this country so many cases are there between brothers, not only me, so do you mean that those who has cases between brothers are the egoists?
I never asked you for any advice, if you feel that my problem is not real you can keen quite. why are you wasting your time. why are you assassinating my character. you dont have any right to speak about my character, I just posted a question, but you are doing allegations on my character, actually you dont have any character, that’s why you showing your frustration on me because of your old age.
I have discussed about house site in my previous query, but in this query I am discussing only about agriculture land, why are you mixing and making allegations on me.
so both are different issues and I never mentioned that I will give half share in agriculture land to my brother, to make allegations on me you are exposing my post in wrong perception and telling lies.
I am the only person taking care of my mother and I am spending money for her food, clothes and medical expenses, actually my brother has to give his share for mother’s expenditures , but he is not giving one rupee also, for that only I have discussed about maintenance in my previous query that to till the disposal of the partition suite.so nothing wrong in that, you just showing your frustration on me because of your age factor.
I have posted different quires on different issues , but wantedly you are exposing all of them in negative angle.
Guest
(Expert) 19 January 2018
You have not replied, why you could not rely on your own lawyer? You may also be having complaint about ego of your own lawyer.
Your problem is that you want charity but with egoistic and arrogant attitude, whereas you are neither clear in your description, nor sure what exactly is your problem, why you can't rely on your own lawyer, how to behave with the experts from whom you want free help.
When pointed about contradictions in your various queries, now you have with the plea that your question was about agricultural land, whereas nowhere in your query you stated that yours problem related to agricultural land. You only described the nature of property, as "Parental ancestral property." Your wrong description is quite evident, when along with others, even the expert Mr. P. Venu had to ask you, "what do you mean by parental ancestral property.
Anyway, you have the need to follow only the instructions and guidance of your own lawyer, as you don't deserve for any free advice of experts. But rest assured, you can't divert laws in to your favour as against your brother's entitlements. Try to get the share of your mother transferred in your name to face another court case by your brother.
Best of luck, if that favours you.
Guest
(Querist) 25 January 2018
Why you did not tell me to rely on my lawyer in your 1st reply, why you have asked nonsense questions to me, instead of asking nonsense questions and raising useless doubts , you should tell me to rely on my lawyer,
The only reason I have posted my problem in LC is, I had more trust on LC than my lawyer, now onwards I never post a query on LC because of your arrogant and lying and suspicious nature.
I don’t want any charity, I never asked you to do any charity to me, if you don’t have knowledge to give reply to my question you can keep quite. I have clarity on my problem and I have given clear description, may be you don’t have enough knowledge to answer my question, my question is can any person transfer his right on joint property to others while pending litigation? you don’t have answer to my question I know that, that’s why you are making so many allegations on me. 1st of all you don’t know how to behave with users of LC more over you are giving suggestion to me on how to behave what a pity, 1st learn how to behave yourself.
I have agricultural land as well as hose site and a house in that and I have posted question on house long back, but this question I have posted about only agricultural land, this is very easy to understand , even a child can understand this, but you are not able to understand, but still you are thinking you are an expert. I have replied to P. Venu’s query on jan 18th itself with a detailed answer, but still you can’t able to see my reply to venu, may be you are just acting like that you have not seen that reply.
You don’t deserve to advice the LC users, I don’t need you free advice, mind your own business, I nobody can divert the laws in favor them , may be you don’t know that and I know very well that legally I can’t deny my brothers share.
I can’t transfer my mother’s share to anybody till the portions suite disposes as the court issues injection on sale, I have better legal knowledge than you.
If legally possible or if I can found legal provisions to transfer my mother’s 1/3 rd right on my property, then only I will try to transfer only my mother’s right of share, not the share, mind it..
Guest
(Expert) 25 January 2018
Non sense is quite evident from your own query and also from the arrogant language used in your subsequent responses. First deserve for free help and seek later. You don't deserve any help even on payment, what to say of free help by anyone. If you have come here, you have come only with the intention of charitable service, not on payment of fee basis. If no charity is desirable, why not restrict your interaction with your own lawyer or hire services of some other lawyer also?
Mind it, a donee do not have any right to question a donor, when he is not donating or asking whether the donee is a deserving person or not. First and formost thing for you is to learn how to behave a person from whom you wish to get any help.
I can very well guess, you must have annoyed your own lawyer also due to your arrogant behaviour.
.
Guest
(Querist) 29 January 2018
whatever the words you have used, I am also used same words, so now you should agree that you are nonsense and arrogant.
you can’t do any help to anybody, you can only post useless questions, best example for your useless question is that you asked me when I am belongs to Chennai and how can I have the case under trail in srikalahasti court. My brother is staying in US, then how can he filed a case in Srikalahasti.so you don’t know that one can have the case in any court who is staying out of the jurisdiction of that court,
just we need have property in the jurisdiction of that court is enough to have the case in that court, no need to stay, court will not bother about where I am staying, but you are bothering about where I am staying.
If I don’t deserve any help even on payment, simply I will not pay to anybody if they are not ready to serve me, may be you will pay if somebody don’t want to serve you also. LOL…
You should tell that in the beginning itself that there is no charity in LC, only payable services.
You have to learn that how to behave with somebody, give respect and take respect, your advice is not important, self-respect is important to anybody, you are thinking that you are giving advice , so you can say any bad words to users and you can suspect users with your nonsense, but end of the day you are not giving any advice to anybody. Instead of giving advice, you are expressing uses questions and nonsense doubts on users. finally you’re not a donor, mind it.
I can guess that you all the users in LC are suffering with your arrogant nature.
Guest
(Expert) 29 January 2018
Leave aside others, you can enjoy with your own destined sufferings.
Guest
(Querist) 01 February 2018
Nobody want to make suffer themselves like you, you are intentionally suffering yourself, example is if you observe this entire thread, when I have given a reply, immediately you are posting your reply and showing your itchiness.
I am not suffering anybody, but you are torturing the LC users with your useless questions and baseless doubts, so you are very dangerous to this society.
Guest
(Expert) 01 February 2018
Rest assured, your own greed, associated with your anticipated arrogant attitude towards your own lawyer, will prove to be an unending suffering for you from none else other than your own brother and his family.
Guest
(Querist) 20 February 2018
Due to your own greed and your arrogant attitude and itchy nature, instead of giving suggestions, you are torturing the users in LC, including me, nobody is suffering me other than you, you are not giving that chance to others.
Guest
(Expert) 20 February 2018
@ Narayana,
So, after 20 days, you have again woken up on finding no response from experts against my observation. However, I am pleased to note your statement "nobody is suffering me other than you, you are not giving that chance." That clearly gives impression that I am not giving that chance to the experts to make you suffer. Of course that is good for your mental health as none else gets chance to make you suffer.
Anyway, thanks for making me aware about the fact as if all the experts at LCI are following me only. But if that be, that can only be out of respect for me and NOT on account of any greed or arrogance. Otherwise, they could well have retorted against my observations had they found any substance in your self created problem.
Guest
(Querist) 20 February 2018
I was busy with my job, but I think you don’t have any work other than torturing the people, other experts are not ready to suffer the people, they all are very good human beings, except you.
You are living only to express your idiotic doubts on the LC users.
Guest
(Expert) 20 February 2018
Wait indefinitely for some soothing reply from other experts. Even any soothing reply may not stop your brother and his lawyer to cause extreme torture for you through their legal proceedings.
Ms.Usha Kapoor
(Expert) 09 July 2018
I agree with my view and Kumar Doab's view.
