Returning of gold articles/ bank books to wife

When advocates of both the sides are signing their acknowledgements either stamp paper or notrary is not necessary.  Why do you worry? you have a lawyer.. dont you? he will take care of the things.

1. On a Rs. 100/- non-judicial stamp paper (taken on her name bearing her address and stamped as per stamp vendor appointed rubber stamp at the back of stamp paper)) add few sentences as "Addendum to Agreement / Compromise settlement Deed dated........ (mention previous agreement deed date)" mentioning in the addendum in list format the articles returned including list of instruments returned and get this Notarised and make it part of settlement Order on next date of hearing by asking her to make an additional (voluntary) Statement under Oath before Court to this addendum efected jointly executed between parties as being made part of the settelment between parties and her statekment would be "I have recived as per addendum agreement / compromise sttlement deed dated.... gold articles in good conditions and banking instruments in good condition and I have checked them to be in order and I am satisfied and nothing remains to be exchanged in this matter between parties. I am making this statement voluntarily without any force, pressure, fraud, durass and coeirceon". Take certified copy of this additional Statement of wife and now rest the matter in peace.
Reasoning:  Today you have a Lawyer and tomorrow if the case is oppened you may not have same lawyer to give under Oath what was done outside Court and then whole proces of makign 'necessary party" etal starts.


2. Stress para 1 process on next dat eof hearing and even if Court discorages then seek Court relief to mention such discouragement in days Order Sheet.
Reasoning: If outside court you were meant to do “settlement and take outside court seal of approval” then why did you two approach Court and what for Court is there not to give “complete relief” to parties and finally why do a shortcut by telling parties to exhange asked brief matters outside Court! Tomorrow she will allege "the 50 grm . gold given to me outside court turned into a piece of copper / brass but was gold polish ji"..... A ld. Adv. is never part of what settlement a parties do least we can only "guide parties with our legal inputs" for a simple fact test a Advocate to state under Oath "ordinary residene address" of his client he will not do it even not even under Oath as the Adv. Act forbids us to do so :-)

Tajob,

How does Non-judicial Stamp paper resolve.

It can be done on any paper, provided there are two witnesses. which in this case are two lawyers, would they refuse tomorrow that the handover took place in their presence?

Regards,

Shonee Kapoor

Gurudev !

A very good que. [disturbing to clarify per se compared to your grand knowledge in front of me I must add as PJ

1.  Any DEED (Agreement) moresoever between spouses are done in  "Non - Judicial Stamp Paper" and not on plain paper for Court validation when controversy if any errupts between party.

2. The validity of such DEED as per Stamp Paer Act is 6 months.

3. When wordings "jointly executed" comes between two spouses to their DEED (Agreement) then only Non Judicial Stamp Paper is used.

4. Rs. 100/- Non Judicial Stamp paper is used as per valuation clause under Stamp Duty Act per se matrimonial matters.

5. When under challenge / controversy arise the back of the Stamp Paper Stamp where "party who bought stamp paper" name appears resolves the fundamental contoversy to a part as "special knowledge and or as aware of intent and or as what  is being written in front of same"

If above backburners are clear then allow me to throw light on your next very good logical que. and I take liberty to quote you;

"in this case are two lawyers, would they refuse tomorrow that the handover took place in their presence?"

Addendum reasonig I place before you: When controvery errupts in spousal conflicts to the nature of ornaments / goods return they (ld. respective Adv(s).) will not deny but if the controvery is in the nature of "good or worse condition of articles returned that also outside Court" then non Judicial Stamp Paper jointly executed and her name at the back of it and in Stamp Paper Vendor register having her initial / signature are all considered on merit to resolve such post constroversies one after another in sequence!

Now allow me to take a minor dig onto you :-)

Suppose the alleged gold ornaments returned outside court in presence and signature of respective ld. Adv. turned bad, will respective Adv. vouch under Oath that "nahi ji woh saab sahi they, khara sona tha ji, mere samney diya tha aur inhoney liya tha kar key"  Well ld. friend all they will say is that articles (no. of pieces) handed by husband to wife in our presence and our signature as witness at Mark A or B are correct!


Well in that case my previous reply to author I still stand as cautious and correct practice. I hope I stand clarified onto your 'minor dig' on previous reply post of mine!.


All the best............

There was no dig. :-) (from my side)

But now, tell me this. The ornaments has to be handed over outside court by next date and the said agreement would be submitted in court, will it not become a judicial record.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

PS: Fear is our biggest enemy. I have seen a person taking dates in court for nearly 1 year even after the agreement is reached, as he fears signing it would mean a death-kneel or something. Have shown the draft to atleat 20-30 people, but signing it........... OMG.

@ Ld. Shonee,

1. The fact that 'plain paper' have been used and termed as Agreement Deed may certainly be a circumstance that can be used as a piece of evidence to cast doubt on the authenticity of the agreement deed, but that cannot be a clinching evidence as per Indian Evidence Act is Apex Court view too.
Reasoning: Evidence Act, 1872 - Sections 45, 47 and 73 comes into play.
Last minute reasoning :-) Any plain paper document given to court is material record per se but when any nature of controversy arises between same parties to same suit same plain paper document becomes matter of challenge under IEA atleast this much you may also agree.

2. Now in my opinion all I said was based on 'caution and correct way out" not on procastination and or on delay and latches inferential basis and that this is wrong and that is right advise. Well in a case when both have agreed to handover / takeover articles then what is the damn bothering point between them to get all listed on a stamp paper further jointly execute the Agreement Deed as addendum Agreemet Deed in case they already have some Agreement / Compromise Deed placed as material records of the Court and let both ld. Adv. come on board as witness to such agreement!

Well, yes in a way you are right too but we rest our reservations on style of practice and procedures of court practice on client's piece of mind point of view.....…….

I am aware it was not your dig moreso it was mine at LCI bandwiddth expenses hope dono ki gaddi aab track mai aay gayi hai ha ha .........

PS.: This is last post on this thread and more discussion may be carried forward via PM on this que. if any. 

Gentleman,

Thank you very much (& I truly say it). Tajobs, you have been extremely helpful & its higly appreciated.

Thank you all once again.

Sincerly.