Awaiting the shrewd advocate's answer.
bharat khatwani
(Querist) 29 May 2025
This query is : Open
What would you do if I sent you a notice informing you that your father had orally agreed to pay me Rs. 5 lakhs before his death?
kavksatyanarayana
(Expert) 29 May 2025
I think he will not promise or orally agree about the matter.
bharat khatwani
(Querist) 31 May 2025
Dear kavksatyanarayana Sir, Thanks for inputs. I am rephrasing my question....What if you( who is legal expert) receive such a notice.
Dr. J C Vashista
(Expert) 01 June 2025
What type of contract / promise vis-a-vis consideration was involved between the parties qua claiming the amount of Rs. 5 lakh from LRs of deceased?
Generally after death of promisor oral agreement cannot be enforced by law.
bharat khatwani
(Querist) 04 June 2025
Dr.J.C.Vashishta sir,
Thank you for your observations so far. To help me frame a robust reply (and, if necessary, draft my defence), could you please clarify or share your views on the following points:
Nature of Consideration
In an oral promise of payment by my late father, what “consideration” would courts recognise as sufficient to render the agreement enforceable?
Would the mere promise of future payment, without any benefit moving to him at the time, fail for want of consideration?
Point of Time for Limitation
Under the Limitation Act, does the cause of action accrue on the promisor’s death (i.e., date payment was due)?
If so, would a suit filed more than three years after that date be time‐barred automatically?
Evidentiary Threshold
In absence of any contemporaneous document (e-mail, letter, diary entry) or third-party witness, what level of proof—if any—could sustain an oral promise?
Would the court require at least one credible witness, or could circumstantial evidence (e.g., part-performance) ever suffice?
Key Defences to Plead
When drafting my reply-notice or subsequent written statement, which defences and language do you recommend emphasising? (For example: denial of the promise, limitation, lack of consideration, absence of evidence, estoppel due to lengthy silence, etc.)
Your guidance on these aspects will greatly help me prepare a precise and effective response. I look forward to your expert inputs.
bharat khatwani
(Querist) 04 June 2025
Dr.J.C.Vashishta sir,
Thank you for your observations so far. To help me frame a robust reply (and, if necessary, draft my defence), could you please clarify or share your views on the following points:
Nature of Consideration
In an oral promise of payment by my late father, what “consideration” would courts recognise as sufficient to render the agreement enforceable?
Would the mere promise of future payment, without any benefit moving to him at the time, fail for want of consideration?
Point of Time for Limitation
Under the Limitation Act, does the cause of action accrue on the promisor’s death (i.e., date payment was due)?
If so, would a suit filed more than three years after that date be time‐barred automatically?
Evidentiary Threshold
In absence of any contemporaneous document (e-mail, letter, diary entry) or third-party witness, what level of proof—if any—could sustain an oral promise?
Would the court require at least one credible witness, or could circumstantial evidence (e.g., part-performance) ever suffice?
Key Defences to Plead
When drafting my reply-notice or subsequent written statement, which defences and language do you recommend emphasising? (For example: denial of the promise, limitation, lack of consideration, absence of evidence, estoppel due to lengthy silence, etc.)
Your guidance on these aspects will greatly help me prepare a precise and effective response. I look forward to your expert inputs.
S Jadhav 98336 98330
(Expert) 13 June 2025
Just ignore such notices as they have no value. It would be a waste of time.
If the person is serious and they do initiate any legal action then one has a right to be provided evidence on the basis of which one may take necessary actions.
bharat khatwani
(Querist) 15 June 2025
I have inherited a residential property in Gujarat. My tenant,who is habitual defaulter, has served baseless demands:
₹4 lakhs(SUM EQUIVALENT TO 120 YEARS' rent)on basis of oral promise allegedly made by my late father 24 years ago, i.e.just before his death—no documentary or no supporting proof or no follow up of any sort.
Above Demand was for “major repairs.”
Further demand of sum equivalent to 30 years rent for repairing carried out without my permission just before sending legal notice.
A veiled threat: if I don’t undertake FURTHER MAJOR repairs, I’ll be held liable for any mishap—clearly meant to force me to sell the house at a throwaway price.
Despite responding with denials, the tenant has neither withdrawn notice nor gone to court. Unlike Maharashtra or Rajasthan, Gujarat has no specific anti–vexatious litigation statute.
🔑 Key Legal Points
Nature of Claim: Oral promises without consideration are void; demands for “150 years’ rent” and repairs lack statutory basis (Rent Control, Limitation Act).
Abuse of Process:Does unfounded notice constitute harassment and may amount to malicious intimidation (IPC §503) or land‑grabbing under Gujarat Land Grabbing Act, 2020.?
I’ve been advised that, under its inherent powers, Section 151 CPC preserves the court’s authority to “prevent abuse of the process of the court,” but that this power must be exercised sparingly and without overriding any express statutory provisions (K.K. Velusamy v. N. Palanisamy; Manohar Lal Chopra).
Jurisdictional Gap: No Gujarat‑specific anti‑vexation law—can Section 151 CPC alone fill that gap?
❓ Questions for the Forum
Key Points: Have I captured all the critical grounds? Should I add anything else?
Section 151 CPC: In Gujarat, can I directly seek an order under §151 CPC to quash or stay all future notices and claims—given there is no other statutory remedy (unlike Maharashtra’s MLRC or Rajasthan VAV Act)?
Prayer: Is the attached prayer (below) properly framed to cover both civil and coercion/land‑grabbing aspects?
Your insights—particularly any case law applying §151 CPC in similar “pre‑notice” contexts—would be invaluable.
🔹 Proposed Prayer (for inclusion in petition under §151 CPC)
PRAYER
In view of the facts stated above, the Petitioner respectfully prays that this Hon’ble Court may be pleased to:
a) Declare that the legal notice dated 25/09/2023 issued by the Respondent is vexatious, baseless, and without legal foundation, and that any subsequent proceedings arising therefrom amount to an abuse of the legal process;
b) Grant an injunction restraining the Respondent from issuing further baseless claims, threats, or coercive communications intended to harass or intimidate the Petitioner;
c) Permanently restrain the Respondent from initiating any legal proceedings or serving notices based on stale, fictitious, or legally untenable claims, including those related to ownership, tenancy, or alleged repair liabilities;
d) Declare that the Respondent’s demand for an amount equivalent to 150 years’ rent, followed by further demands for major repairs, are without legal basis under the Rent Control Act, Limitation Act, and applicable tenancy laws;
e) Take note that the Respondent’s veiled threat—that the Petitioner would be held responsible for any mishap if repairs are not undertaken—constitutes an act of coercion, intended to pressure the Petitioner into selling the property at a throwaway price;
f) Direct the Respondent to cease all interference with the Petitioner’s peaceful possession and ownership rights over the suit property;
g) Award damages for financial loss, mental agony, and inconvenience suffered due to the Respondent’s unlawful and malicious conduct;
h) Award exemplary costs for harassment and misuse of legal process;
i) Permit the Petitioner to initiate appropriate legal proceedings, including but not limited to a land grabbing complaint, against the Respondent for attempts to unlawfully encroach upon or acquire the Petitioner’s property;
j) Pass such other or further order(s) as this Hon’ble Court may deem just, equitable, and proper in the interest of justice and to prevent further abuse of the Court’s process.
Looking forward to your feedback on:
Additional bullet points I might have missed.
Practicality and precedent for invoking §151 CPC in Gujarat to head off vexatious notices.
Any tweaks to the prayer.
Thank you in advance!
