Experts Query Daily Digest :24 November 2017

24 November 2017 at 10:47

Harrasment and humilation at workplace

I am school teacher.. harrased by my school headmaster over phone over leave issues which I took due to my health issue... he used offensive language and caused me mental depression... I have gallstones and it caused me severe pain due to unavailability of medical facility at my workplace so I went to my home after leaving application at my room owners house which is near to school... leave was extended to 3days as I was under treatment... without knowing reason he verbally used offensive language and left no words causing mental agony

24 November 2017 at 08:46

Writ petition

Respected Experts, Kindly advise whether writ petition can be filed against SBI Life Insurance Company Limited as it is a private insurance company. Or i should make Respondent/Party to IRDA.. Actually it is a case of unfair termination of my insurance agency which was my only source of living.

24 November 2017 at 11:25


can ministry should give stay to disqualification of member {nagar panchayat} if caveat admitted

24 November 2017 at 12:44

Cra or crr

RESPECTED SIR MR. X GOT ACQUITTED FROM LOWER(TRAIL COURT) IN VS STATE CASE..U/S 419/420 THE STATE MOVED TO SESSIONS COURT BY FILING 'CA'(dnt know is there any law regarding it??) THE Sessions judge convicted MR.X and even added section 34 1 day prior to judgement.. now my ques is what should i file in High court CRA OR CRR?? is there any procedural difference in both case types?

24 November 2017 at 12:32

mobile snatching

respected sir I want to ask a question.
sir mera phn meri wife k family wlo ne chin liya h kyuki usme mere pas un logo k khilaf bhut proofs the and sir wo sb fraud me involved h...but sir mene apne saare proofs google drive pr save kiye the... so wo aaj b mere pas h...and legally me case jitne b wla hu but sir mera question ye h ki me apni wife ki family k khilaf mobile snatching ka case kr skta hu ki nii??

24 November 2017 at 09:40

Construction ownership

D--> Defendant. P-->Party/Plaintiff.
The dispute is between Anil(P1) and "Prabhat(D1-elder), Sandip (D2-younger)" for partition and possession.
Anil(P1) and Prabhat(D1) who are cousin brothers bought Property X of 3000 sq feet in Pune jointly from there Salary as self-earned money by registered sale deed in 1995.

Anil(P1) cousin brother who is only 7th pass, know ONLY Marathi but doesn't know ( can't Read and write in)English language.
After getting possession in 1995, Prabhat(D1) and Sandip (D2) had started Kirana shop on old construction with permission of Anil (only on notebook paper permission letter), but no rent agreement and no rent, due to good affection between all brothers.

In the year 2000, All three had started 2 storey superstructure construction on the free plot behind Kirana shop.
Most of the construction transaction done by cash at that time by all person but Prabhat did few transaction by cheque.

Prabhat(D1) and Sandip(D2) who are the real brother, they submitted an assessment of building completion to income tax authority in 2002 that they two(Prabhat and Sandip) ONLY spent money for new superstructure construction. All the letters are in English.

Income tax officer raised query, regarding "Who is Sandip (D2)? Why his name is not in owner of land? Why his name not present in permission/completion certificate? The lawyer had written a letter to IT officer on plain paper and took signs of all three. The contents are as below:

LETTER CONTENT on PLAIN NOTEBOOK paper (NO revenue stamp or NO notary/judicial stamp)::
"We have allowed construction of some portion of land jointly owned by us to Sandip, who is real brother of Prabhat and cousin brother of Anil.
ONLY superstructure amounting ---Rs is jointly owned by Prabhat and Sandip.
The land is owned by Anil and Prabhat jointly and still is our own property. We are jointly living family members Sandip has been allowed to construct jointly with Prabhat.

Sandip paid construction Amount = X Rs. (half of total construction cost)
Prabhat paid construction Amount = Y Rs. (half of total construction cost)


But Prabhat and Sandip submitted letter and claimed that they are the owner of the superstructure and using shop since its purchase, means complete owner of construction.Hence Anil(P1) partition suit is not maintainable.

If Anil wants property to be partitioned, Anil must pay construction cost as per today's market rate of construction cost.

I heard dual ownership is recognised by India.
But in most of cases there is some lease deed/agreement. Here no such registered document, ONLY above letter.

The query is:
1)Can Sandip and Prabhat (real brother) become owner of the premises by just this I.Tax plain notebook letter? NO lease deed/ NO registered doc.

2)Can document(tax assessment/return) submitted in Income Tax is admissible as evidence? Or Proof of ownership?

3)Can above letter submitted to income tax had given/transferred ownership of/from Anil(P1) to Real brothers(Prabhat,Sandip)?

4)Can Anil(P1) become estopped for parttion/possession suit due to above letter submitted to income tax?

As current market rate of superstructure building construction is too high/increased that Anil(P1) can't affort to pay the huge amount.Hence,
5)Can Anil(P1) request the honr. court to demolish the supertstructure and give possesion of land?

6)Please provide any remedy/alternative/solution to get back property by partition suit withought giving construction cost.


  LAWyersclubindia Menu

web analytics