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asked On 01 September 2014 at 17:02

Property matter - elder brother adamant and says what he want, he want

Parents (jointly built up properties all property is on name of mother). Mother was running a shop and father was in government job and also helping his wife to run shop. And all sons were studying and also helping mother in running shop when they have any free time from study in childhood.

All of sudden tragedy happens in the family father got expired and whole responsibility comes on the shoulders of mother to bring up her sons to get them established and settled.

She was getting government job of his husband on compensatory ground but decided to give that government job to her eldest son and plan to continue to run the shop.

Slowly slowly time passed and her other children who were studying and also settling in their career and life.
In this period every member of family giving his earning to elder brother and family income to let the family progress or elder brother was managing all the finances and everything was in his hand others were adult but blindly supporting the elder brother that he will get the family grow.

As the time passed brothers are getting married and still giving their earnings and family income to elder brother requesting him to construct house so it can accommodate future families of four brothers.

However, Elder brother not giving ear to this request and slowly slowly , brothers who are depositing his earnings with elder brother started sniffing wrong intentions of elder brother as when younger brother say to construct the house, he never reply on this subject and start fighting and say now shop and all busineses are in loss and every month there is loss. Now problem arise. Elder brother said too much expenses and all money is getting spend in managing day to day life of all. This issue stretch again for 2-3 years (quarrel continues , elder brother, brother in law start interferring in family matters) and finally second brother decide not to deposit his earning to elder brother till he will not clear how family of four brothers will live in future and when we will construct the house. Family have two plots (one is commercial and one resedential) and one flat (All in mother's name).
All family living is this commercial cum resendetial property from last 25 years, (This property is commercial cum residential, constructed years back , not well designed or space utilization). Younger brother said tell me when we construct the house , you tell me, I will take loan give you lump sump amount but can not deposit earnings every month , and if u say loss, loss, as after 10 years also you will say loss.

Finally after much quarrel one day elder brother disclosed his malafide intentions during fight, said he wants this commercial property or what he likes and what he wants, rest think about themselves (All are in position to build the house and can live in the house at each floor) but elder brother says he want this prime property where all complete family is living from last 25-30 years.

This has created lot of problems and no one is in good terms with each other . Mother is also in not with good terms with elder brother as he doesn't listen anything, his wife is of fighting nature , elder brothers brother in law also interfere much in family matters.

1. Elder brother - His wife quarrels much
2. Second brother
3. Younger
4. Youngest

Now, after lot of fighting , [now, second brother and youngest one is one side (M, 2 ,4)] , and elder and younger (1,3) is on another side.

Mother is with (2, 4), 2 and 4 say lets construct this house of four floors and each brother takes each floor.
1 say i want what I want , 3 says I am with 1 whatever he will do. 1 , 3 also kept all the money which he was managing and others were depositing with him in hope elder one will construct house for all.

1 and 3 are in government job, 2 nd one is in private job and 4th one has just completed his studies, 2 , 4 are still helping mother to run the shop. Earlier, 1 was also helping mother but 3rd one never did much and was just studying only.

Now, 2,4 wants we all live here, still ready to contribute their earnings but amount when work is known, not just deposit all spended, and there is loss, but 1,3 intentions are not clear.

Currently, Elder brother and 3rd one had occupied the Ist floor one room each in the building which was build okay in the old construction also (means family of mother) . Mother also occupied one room to just sleep otherwise they force mother to throw out. 2, 4 occupied 3rd floor not build fine. ALL giving earning to elder brother but he was saying loss and was not disclosing about building the house or what are his plan as he is taking earinigs of all memebers of family. 2 nd says either you don't take daily monthly earinings of all members and say, loss else take big amount and let us know how four families will be accomodated in future. This building is commercial cum resedential and another one is resedential. 1 ,3 are in government job earlier 3rd one in Private job but moved to gvnt job, 2nd one is in private job , 4th has completed studies lately.

Please tell me what my mother should do so that 2,4 rights are protected and in future there would not be any problem. 2, 4 don't want others right but 1 and 3's intentions are not clear. 2, 4 are disclosing all that lets built both plots and each brother takes each floor at both places. but 1 and 3s intentions not clear just fight and want money and say loss and start fighting. 1 and 3 are in good government job also

If you want i can provide more details.

We have other properties also etc in village and here also but rather then discussing about them , I personally was depositing my earnings and wanted to construct these houses so we have enough and sufficient for four brothers and their future families, so in future also we won't fight when we have enough and we can get adjusted and accommodated and we keep on progressing but my eldest brother intentions not clear he says keep depositing your earnings on monthly basis (no other way , as lump sump or for what reason no question only deposit earning and forget) till whole life and then loss and don't ask anything and don't discuss to build anything, unable to understand what he wants,

Please suggest.

Sanjay Mote

asked On 01 September 2014 at 16:58

Transfer of flat

One flat has 3 owners. Smt. SS & Shri. AS and the third name is of their grandchild PV. 1st and 2nd owner passed away. Their was no nomination filed with the CHS. Now mother SV of PV, who is daughter of SS & AS has filled up a form 15 and applying for the trasfer of flat in her name. As you know the form 15 has in format itself mention as "The nomination is already submitted to the society".
She has produced a photostate copy of notorized "will" jointly signed by both AS & SS. She is ready to produce the original too.
My query is how can we trasfer this flat in the name of SV as first owner and PV as second owner? Basis is only the will copy which shows two different properties are divided amongst SS & AS 's 2 daughters. And this flat is given to SV.

Uday Kumar

asked On 01 September 2014 at 16:43

Section 59 of company act

Dear Sir,

A Pvt Ltd Company(Non Listed Company) were created in 1999 and 2 out of 10 Directors were resigned in 2002, Accordingly Share issued to 2 Director was transferred , Share Deed also got signed, Share amount paid in 2002 However, Share Certificate was not taken Back as they stated that same has been lost. We trusted and created a new share Certificate accordingly matter was closed. however after 9 years in 2013 they filed a case U/s 59 of Company Act before Company Law Board stating that They are Holder of Original Share Certificate and shares were transferred illegally in 2002. They even denied signing of any Share Deed.

Kindly assist and advise what should we do , we filed an application station that it is a time bared petition however CLB rejected the same and fixed for Argument after Written Statement + Rejoinder.

Kindly suggest what should we do , should we approach High Court of Delhi

With Regards
Uday Kumar

Rakesh chopra

asked On 01 September 2014 at 16:40

Parents bail

Hello sir,
498a case is going on in which investigation officer said that as your parents is not living with you after marriage and they are in M.P and you and your wife living in Gurgaon so based on these facts investigation officer can remove my parents name from the case.if it happened than good for me
but sir section 319 court can call to my parents and in the argument they can again add on the case in that condition after that i will be in the same situation as present i am (Bail for parents)
so my question is if my parents again add on the case than court will be given AB bail to my parents or arrent them.


asked On 01 September 2014 at 16:09

Builder not forming society


Our building has only six apartments Builder is not registering the society for according to him some the buyers( Three) have not paid him the full amount. These three persons are deliberately not making the payment to builder. Due to non availability of society the persons who are looking after maintenance are misappropriating funds collected every month. What can be done under the circumstances?


asked On 01 September 2014 at 15:21


Dear Expert,

I urgently in need of a citation on a point that "in absence of the order of the stay, no one can stop the party to continue their work only on the point that an appeal is filed(i.e. without stay).

Thanks in advanace

Venkatesh S K

asked On 01 September 2014 at 15:08

Cancellation of release deed

1) Almost a Month ago my mother registered two release deed on the same day.

2) First Release Deed(AAA) was written by Mom towards one of her son on property A and it was executed without any problem.

3) The second release deed(BBB) was executed by my Mother on the same day, as a power agent of 3 of her sister in law and a brother in law, on property B with a power of attorney(POA) given by them to release 4/6 of their share to one of their own sister. Basically, three sisters and a brother are releasing their right on property B towards their own sister through a POA given to their sister-in-law (my Mom). My mother only has the right to release the 4/6th share towards on of their sisters. My mother is just a Power Agent and has no financial benefits. The reason they used my mom as a power agent is because the 4 power givers and the benefiting sister are all based in Chennai and the property and my mother are based in a village about 800 kms away from the city, which they cant travel at ages of between 65 and 80. To release the 4/6th share the benefiting sister doesn't need to be available in the village SRO to sign the release deed to receive that 4/6 th share. As it was released through a POA written in Chennai, they kept it pending for 10 days to see if the POA is still live and when they found out through an official letter from Chennai Sub registrar office, they released the pending number and registered the document.

4) Now there is a problem with the second Release Deed BBB. When they kept the document in pending for almost 10 days the officer in the Sub registrar office in the village lost two important papers in that document. One of the paper is very crucial with my Mom's finger print, photo, her two signatures, two witnesses' signatures, and the unique QR code in the last page. Now, fearing punishment from higher officers, the officers there took a paper containing all the above for the release deed AAA, took a xerox copy of it and made some alterations with the registration number and added it to the release deed BBB, scanned it and registered it.

I found that when I got that document almost a month later.

We want a legally acceptable release deed registered on property B. Under this circumstance, to register a legally acceptable release deed document like that, what should we do now?

Can my mother unilaterally register a cancellation deed to Cancel release deed document BBB mentioning all reasons why we are cancelling it and re-register the Document BBB as CCC - as a new release deed document written by my Mom and to the same beneficiary sister and with the same witnesses. Will that be legally acceptable or can anybody challenge it in the court that both documents BBB and CCC are not written as per registration rules.

Please someone take the time to examine my situation and give me the right advice. Thank you .


asked On 01 September 2014 at 14:28

Suggest me

Dear sir
I have a query regarding my sister's case.
My sister going to file a dowry and cruelty case on her husband.For this we have contacted to a lawyer.The lawye told us to file the case againts husband,mother,father,and husbands brother this will make the case more stronger.But other family members are not involved in the case directly so i want to know it will be good to file case againts all family or we will file the case only againts husband.
Plz suggest us.

sangeeta sharma

asked On 01 September 2014 at 14:26

Constrution and partition in joint property

after death of my father there are disputes in my family .our is two story house on ground floor my brother his family stays on first floor my mother and my family stays.the house is built on two adjoing plots
1. on name of my brother who stays on ground floor and second bigger one on names of my mother and me now we want complete partition from my brother as his ways are getting intolerable to me and my mother.can we demolish the house in our portion of plot after 6 months notice or is there any way for partition as on ground floor he is not allowing us to walk and park vehicles.

sangeeta sharma

asked On 01 September 2014 at 13:48

Constrution and partition in joint property

after death of my father there are disputes in my family .our is two story house on ground floor my brother his family stays on first floor my mother and my family stays.the house is built on two adjoing plots
1. on name of my brother who stays on ground floor and second bigger one on names of my mother and me now we want complete partition from my brother as his ways are getting intolerable to me and my mother.can we demolish the house in our portion of plot after 6 months notice or is there any way for partition as on ground floor he is not allwing us to walk and park vehicles.

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