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R Murali   29 April 2008 at 10:38

Validity of sale deed executed

"X" is an employee of a Co-op bank has made some mal-practices by withdrawing the deposits made by public in the bank by putting signature of the depositors or taking advance signatures from the parties at the time of deposit itself. This has come to the notice of the bank and an enquiry has been ordered under Sec.81 of Co-op. Society Act 1983. An order has also been obtained to attach the property belongs to "X" on 8.3.2007. But before that "X" has committed suicide. But before that in the year 2004 some properties has been purchased by his wife & all the revenue records stand in her name. In the attachment order issued by the Spl. Officer of Bank, her properties has also been included.

Under the circumstances, if any sale deed is executed by his wife with "Y" whether such sale proceeds valid?

Mani Narayanaswamy   29 April 2008 at 09:52

stamp duty on lease

Can somebody let me know how to calculate stamp duty and registration fee for registration of lease deed in respect of an immoveable property in tamilnadu?

vinod bansal   28 April 2008 at 23:16

MACT sec.163A

Sir
I filed a petition us 163A of MV Act and by mistake i mentioned the income of petitioner Rs. 10000/-(Ten Thousand)Rs per month.As per law only person whose income is below than Rs.40000/-Annually can file petition us 163A.I had also filed affidavit of petitioner in evidence to mentioning income of petitioner Rs.10000/-per month.Now certainly my petition will be dismissed only on this sole ground.What remedy i can avail at this stage.can i amend my petition or can i reduce my claim or can trabunal permit me to withdraw my petion with liberty to file a new/fresh petion..plz enlighten me with case law...Thanx

vinod bansal   28 April 2008 at 23:15

MACT sec.163A

Sir
I filed a petition us 163A of MV Act and by mistake i mentioned the income of petitioner Rs. 10000/-(Ten Thousand)Rs per month.As per law only person whose income is below than Rs.40000/-Annually can file petition us 163A.I had also filed affidavit of petitioner in evidence to mentioning income of petitioner Rs.10000/-per month.Now certainly my petition will be dismissed only on this sole ground.What remedy i can avail at this stage.can i amend my petition or can i reduce my claim or can trabunal permit me to withdraw my petion with liberty to file a new/fresh petion..plz enlighten me with case law...Thanx

Arun Bhatia   28 April 2008 at 18:50

application under order 7(11) read with sec151cpc

By virtue of Registered Will dt.24/5/96, W became legal owner of all the properties left by her husband and the same were duly entered in her name in revenue/municipal/huda records to which all other legal heirs ( two sons-S1 & S2 and only daughter) gave their no objection by way numerous duly sworn affidavits stating “they have no objection if the properties are entered in the name of our mother as per contents of the Will dt.24/5/96 executed by our father”.
Later on W decided to distribute the properties between her two sons by mutual understanding and as per this verbal understanding within the family, S1 became owner in possession of Property A&B and S2 became owner in possession of property C.
To implement the above family settlement S2 filed a suit dt 14/9/2005(S2 vs W & S1) for declaration & injunction in the court of Civil Judge, Ludhiana praying that the Plaintiff/ S2 be declared as owner in possession of property ‘C’ and Defendant no 2/S1 be declared as owner in possession of Property A&B. Also prayed for injunction so that Defendant no 1/W may not anyway transfer the property C of which he/Plaintiff became owner in possession.
However to avoid further litigations, W implement the above family arrangement as per a compromise deed dt.22/12/2005 as under:-
• Property A situated at Ludhiana was transferred by her(because she was the legal owner in revenue records) in the name of wife of S1 by executing a registered deed before the Sub-Registrar, Ludhiana on 3/2/06. S2 himself signed the deed as an witness.
• Property B was transferred by her(because she was legal owner n huda records) in favour of S1.Necessary formalities to this effect were duly completed in the office of Huda, Gurgaon on 6/2/06.
• Property C, at the instance of S2/Paintiff, was sold by her(because she was the legal owner in revenue records) to a person duly selected by S2 and the entire sales consideration of Rs 41.54 lacs was received by S2- Rs.30.00 lacs which W received by Draft was duly credited to the saving A/c of S2 by account payee cheque dt. 11/2/06 and the same was withdrawn by the Plaintiff/S2 and balance in cash. S2 himself signed the sale deed as an witness on 8/2/2006.
Thus the abovementioned family arrangement was concluded for ever. In view of this compromise, a copy of which was filed in the court of Civil Judge,Ldh alongwith copy of sale deed of property C showing the photo of the Plaintiff as witness, the suit having become infurcteous in respect of Property C and the properties A&B, these belong to Defendant/S1 as himself admitted by the Plaintiff also have been transferred, thus the suit of the Plaintiff satisfied/decreed in full.
But for the last more than 2 years, the Plaintiff is seeking adjournments for no reason and the court comfortably acceding to the request of Plaintiff without listening to us.
2. Rather, the Plaintiff/S2 filed another suit(S2 vs S1 & W) in the Court of Civil Judge, Gurgaon, in which the Plaintiff alleged that he is not interested to give his share of Property B for want of complete settlement since the earlier settlement although made fraudulently has not been complied with by anybody, thus the Plaintiff has been cheated.
Now in view of the facts stated above this is a case of abuse of process of Law because the Plaintiff has not disclosed to the Gurgaon Court any of the facts stated hereinbefore.
Now in Gurgaon court, we have since filed our written statement along with an application under order 7(11) read with section 151 of CPC stating the above facts. We have filed a certified copy of the Plaint dt 14/9/05 in which the Plaintiff himself admitted that S1 is the owner in possession of Property B. But the Plaintiff comfortably seeking very long adjournments and has not filed any reply to our application under order 7(11).Please tell me the future of these two cases and the application filed under order 7(11) in

Nishikant   28 April 2008 at 17:23

Can it's compulasary for me to pay the pervious bill?

Jan. 2007 I Purchased a flat in co-operative society. Society give me NOC after a pay the donation fees. Now PCMC Corporation give the water bill for last 3 years Rs. 52000. There are 16 Member in society. Bill divided the for each flat Rs 1160 for one year (as per PCMC law for Water bill is - Each Flat 1160 for 1 year)
Can it's compulasary for me to pay the pervious bill?

punit jain   28 April 2008 at 16:59

Can claimant ask for relief against herself ?

Request you to suggest on the below query ASAP.



Deceased (son of the insured) travelling as a pillion rider on Motor Cycle, Suddenly at Speedbraker bike got skid causing fatal injuries to pillion rider. The mother of the deceased who herself was the insured of the said vehicle filed a claim petition before MACT Tribunal claiming compensation. She is the only Legal Representative of the deceased and she is impleaded as claimant(petitioner) as well as respondent in the capacity of owner (insured) of the vehicle.



Please give your valuable opinion on the maintainability of the claim petition by the claimant who is also an insured assuming that the pillion rider is also covered under the policy and petition is under section 163 A of the act .

Can claimant ask for relief against herself ?

Pooja Gupta   28 April 2008 at 15:04

wrong marriage

Hi.. I need help.. I got married in Dec.,2006 with a guy in Mumbai through a matrimonial website. I stay in Delhi.. The profile shown on website was fake.. He was divorcee but shown as unmarried, educational qualification shown was fake.. Even he lost the job during intervening period of engagement n marriage but they never disclosed all this to us.. He told about his job lost to me after one month of our marriage when he got new job.. Other facts get discovered later on.. After marriage I found he is a very shaakkii person. He n his family never allowed me to talk any neighbor and keep on saying, ‘’our locality is not good , people over here r not good’’.. He uses to lie for very small things as well as on big issues…he used to abuse me and my relatives.. I used to remain always in my room n never allowed to talk anybody or go alone anywhere.. I complaint his parents they support him only n her mother use to say to me, ‘’u r a girl n u have to bear n at least he is not beating u’’… I came to my parents when he raped me n tried to make me pregnant against my wish… now I m staying with my parents for last nine months… they never call us to take me back.. Even if my parents call they use to say either signs the divorce paper or I have to live on their terms… I m stocked…
My father say take divorce n start new…
Mom says how we can let anybody ruined our daughter life like this… she should fight n stay there with all human rights..
I want … I want to see all of them behind the bars….
I don’t know what to do… kindly give a legal advice…

Pooja Gupta   28 April 2008 at 14:31

stuck in wrong marriage

Hi.. I need help.. I got married in Dec.,2006 with a guy in Mumbai through a matrimonial website. I stay in Delhi.. The profile shown on website was fake.. He was divorcee but shown as unmarried, educational qualification shown was fake.. Even he lost the job during intervening period of engagement n marriage but they never disclosed all this to us.. He told about his job lost to me after one month of our marriage when he got new job.. Other facts get discovered later on.. After marriage I found he is a very shaakkii person. He n his family never allowed me to talk any neighbor and keep on saying, ‘’our locality is not good , people over here r not good’’.. He uses to lie for very small things as well as on big issues…he used to abuse me and my relatives.. I used to remain always in my room n never allowed to talk anybody or go alone anywhere.. I complaint his parents they support him only n her mother use to say to me, ‘’u r a girl n u have to bear n at least he is not beating u’’… I came to my parents when he raped me n tried to make me pregnant against my wish… now I m staying with my parents for last nine months… they never call us to take me back.. Even if my parents call they use to say either signs the divorce paper or I have to live on their terms… I m stocked…
My father say take divorce n start new…
Mom says how we can let anybody ruined our daughter life like this… she should fight n stay there with all human rights..
I want … I want to see all of them behind the bars….
I don’t know what to do… kindly give a legal advice…
can i file can in delhi

Pooja Gupta   28 April 2008 at 14:29

stuck with wrong person in marriage

Hi.. I need help.. I got married in Dec.,2006 with a guy in Mumbai through a matrimonial website. I stay in Delhi.. The profile shown on website was fake.. He was divorcee but shown as unmarried, educational qualification shown was fake.. Even he lost the job during intervening period of engagement n marriage but they never disclosed all this to us.. He told about his job lost to me after one month of our marriage when he got new job.. Other facts get discovered later on.. After marriage I found he is a very shaakkii person. He n his family never allowed me to talk any neighbor and keep on saying, ‘’our locality is not good , people over here r not good’’.. He uses to lie for very small things as well as on big issues…he used to abuse me and my relatives.. I used to remain always in my room n never allowed to talk anybody or go alone anywhere.. I complaint his parents they support him only n her mother use to say to me, ‘’u r a girl n u have to bear n at least he is not beating u’’… I came to my parents when he raped me n tried to make me pregnant against my wish… now I m staying with my parents for last nine months… they never call us to take me back.. Even if my parents call they use to say either signs the divorce paper or I have to live on their terms… I m stocked…
My father say take divorce n start new…
Mom says how we can let anybody ruined our daughter life like this… she should fight n stay there with all human rights..
I want … I want to see all of them behind the bars….
I don’t know what to do… kindly give a legal advice…

i want to know whether i can fight case from delhi.. or i have to go to mumbai each time...


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