PROPERTY SUIT
Querist :
Anonymous
(Querist) 26 November 2009
This query is : Resolved
My father (Plantiff) filed a benami suit against me Son (Defendant No. 1) in the April 2001. The year of purchase of property in March 1974. That the defendant No. 1 is the owner of the property which was purchased in the year 1974 from Cooperative Housing Society with the funds arranged by his late Uncle for the love and affection and wish of his late sister ( mother of defendant No. 1) as the said uncle was issueless till the time of his death. Age of Defendant No. 1 is twelve year at the time of purchase of property.
That after 22 days of the death of maternal uncle the plaintiff has applied with forged document for transfer of property in question before Defendant No. 2 ( Cooperative Housing Society ) after 27 years. The suit is time barred. The suit has been filed with malafide intentions and ulterior motives on the basis of forged documents.
That suit has been filed by father against me on the instigation of my sisters after the death of my maternal uncle.
Defendant No. 2
That no cause has to file the above suit against the defendant(s) for simple reason that no application / transfer form alongwith the affidavit was filed before the defendant No. 2 and that subsequently the defendant No. 1 is the actual party in whose name allotment of plot stand in the record defendant No. 2 as per written statement filed by the defendant No. 2.
Plaintiff is died of June 2007. The Presumptive legal Representatives of Plaintiff are two sons and four daughters.
Written statement of Defendant No. 2 ( Cooperative Housing Society)
1- That the date of birth of defendant No. 1 are not in the knowledge of answering defendant 2.
2- I t is however stated that the building plan was submitted by the Defendant No. 1.
3- The defendant No. 2 ( Cooperative Housing Society) did not receive any application for transfer of the property
4- That no cause has accrued to file the above case against this defendant for the simple reason that no application / transfer form along with affidavit was filed with the defendant and that subsequently the defendant No. 1 in whose name allotment of plot stands.
EVIDENCE:
1- That the decased Plantiff has failed to establish his case while the burden of proof is upon the plantiff. He has failed to establish that his income /salary was sufficient to purchase the property.
2- That the plantiff has not produced the declaration of assessments of assests for the year 1974 to 1979 in his evidence.
3- No Proof of evidence of Benami has been produced by the plantiff .The plaintiff failed to proof the Benami.
Know the case is on arguments stage. Please advise and suggestions for arguments Kindly supplement the reply with decided case laws.
Gulshan Tanwar
(Expert) 14 January 2011
No one answered the query, pity!!! I am not having time these days will be back to LCI after sometime and then only can answer the same.
