Anonymous
13 March 2011 at 23:48
I am a resident of West Bengal. My father has 2 brothers and 2 sisters (total 5 including my father). My grand father owned a property which was supposed to be distributed among the 3 brothers (my father and 2 uncles) and their 2 sisters. But my 2 uncles forced my grandfather to register the whole property in their names ignoring my father and his 2 sisters. It all happened around 18 years ago. Now my grand father is dead and my 2 uncles started to harass us to leave the place. So, my father challenged the deed and requested an injunction on the property which was granted. All was going well and in our favor in the courtroom but recently my uncles hired a fake witness and he testified in front of the Judge that the property was inherited to my uncles by my grand father in presence of him (the fake witness).After this incident my family is very disturbed mentally.Please help. My question is: what could be the effect of that fake witness??? Is there any way to delay the hearing process??? I wanna harass my rivals without going against the law and without taking the help of falsehood. Please please and please help.
Anonymous
13 March 2011 at 21:55
Rental agreement for 9 months has been executed
before witnesses and is notarised but not registered.
Tenant want to back out of agreement. Rent not paid.
Has a landlord-tenant relationship been established?
Is Rental Agreement document admissible as evidence?
Thanks.
Anonymous
13 March 2011 at 21:53
Rental agreement for 9 months has been executed
before witnesses and is notarised but not registered.
Tenant want to back out of agreement. Rent not paid.
Has a landlord-tenant relationship been established?
Is Rental Agreement document admissible as evidence?
Thanks.
sampath kumar
13 March 2011 at 21:09
1.concept of beneficiary nominee & collector nominee, if nothing mentioned in the insurance policy then what is the position of the nominee in the LIC policy by default.
2. is other legal heirs entitled for the policy amount from the legal heir who is nominated in the policy after death of the policy holder.
Parthasarathi
12 March 2011 at 15:50
Sir/Madam,
My grandfather bought an agri land(rural) of 10 acres from his own money from a landlord(he had land excess of ceiling limit) in 1956s.
My grandfather made partition and gave it to my father in 1971.
My grandfather and father are no more now.
But recently, i have gotten 2 notices from Land Reform Department of Tamil Nadu.
I came to know that my grandfather bought this ceiling land just before the ceiling act on rural land.
Now my question is:-
1. Shall the government take over this land or not now?
2. If take over will be done, what is remedy for me?
Kindly reply me!
Parthasarathi
12 March 2011 at 15:45
Sir/Madam,
I am my father's first wife's son.
We are 4 members now in our family = stepmother + 2 sons of first wife + 1 stepmother's son
My father got 4.86 acres of partitioned land from my grandfather(it is self acquired property of my grandfather) in 1971.
My father sold this property in 1971 to buy new land in another village after his marriage in 1973.
He also quoted in above sale deed as "Money gained from sale of this property is used to buy a land in another village".
Sale deed value of this property is Rs.22,800
After that,
He bought 23.5 acres of a new land in another village in 2 deeds of each holding 11.75 acres in same year 1973.
Each deed of new land's 2 deeds say "1/2 equal share in all in common for whole 23.5 acres".
(i.e) 2 owner's shares of new land are in inextricable manner.
1st new land deed value is Rs.24,000
2nd new land deed value is Rs.24,000
------------------------------------
So new land Total value is Rs.48,000
So money spent to use for new land as follows:-
Sold property (4.86 acres) value = Rs.22,800 (partitioned land from my grandfather)
Gold ornaments value of stepmother = Rs. 7,200
Credit admitted by seller = Rs.18,000
---------
New land (23.5 acres) value Rs.48,000
My father sold 5 acres Out of 23.5 acres to repay of credit amount Rs.18,000 in 1975.
He made 4 separate registered Wills for new land in 2008 and he passed away by nature in 2010.
1st Will for stepmother holding 8.75 acres.
2nd Will for first son of first wife holding 3.34 acres.
3rd Will for second son of first wife holding 3.33 acres.
4th Will for son of stepmother holding 3.33 acres.
In this circumstances, My younger brother (first wife's son) has filed a suit in sub court in 2010 end.
He says in his affidavit as:-
New land is an ancestral property,
My father died intestate,
Will is fraud and my father was illegal to write Will for ancestral property,
When Will was written, my father was not in good mental condition.
So new land should be partitioned in 3 shares for 3 sons.
Don't ask any remedy for stepmother.
Now my question is:-
1. Is the new land an acestral property in whole or in partial (considering new land's 2 deed values and extra money used to buy new land)?
2. Is my father illegal to Will this for whole property?
3. If my father was illegal to Will so, what will be the remedy for my stepmother?
4. What will be the sub court's judgement?
Kindly reply me!
rajesh makol
11 March 2011 at 14:15
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure.
I have made a police complaint regarding the same also but police made routine enquiry and said it is a civil matter.
I have been advised to file a civil suit for cancellation of documents of 123-D and possession of the extended portion. The legal expert says that I have to pay court fee for cancellation of documents as well as for claiming possession of the property. Further he is advising me that after three four hearings the court will send the matter for mediation and I should pay a few lac rupees to Sudha Sachdeva and get the things settled otherwise the case might continue for a very long time. I feel the culprits involved should pay Sudha Sachdeva not me and even if I have to pay that should be some nominal amount. What shall I do? Is my case not strong? Shall I wait or amicably settle? Will the court punish all the culprits involved i.e. Sushil Arora, Rita Kumari, Sudha SAchdeva etc. Please Advise.
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Gift-deed
My mother has gifted me a self acquired property flat situated at Mulund ,Mumbai . We have registered the gift-deed on August 2010. Also we have submitted all relevant documents ie. Gift-deed , resignation of present member, Transfer forms etc. to the society Secretary . The secretary is demanding Rs. 25000 as a Transfer premium & Rs 25000 donation to complete the transfer request.
We have brought to their notice that ,the transfer is between mother & son and as per Bye laws Transfer premium & Donation is not payable ,The same we have conveyed thru a Reminder- I letter to the society .They have acknowledged with a remark “will discuss this issue in comitte meeting”
After waiting for 3 months they verbally told us that “ There is no Transfer premium required to pay ,but only Donation Rs. 25000 needed.” We finally sent a letter to the society that , it is already 3 months period is over and there is no action or reason given from your end about our Transfer. As per Bye law I am a deemed member of society. The secretary acknowledged with remark “the issue will be discussed in Sp-AGM “. The sp. AGM held in the month of March 2011 ,where they have decided to complete the Transfer of another member’s Gift deed ( within family member) who has already paid Transfer premium & Donation Rs 25k + 25k to the society , And keeping Hold on our Transfer.
It is almost 8 months passed on our Transfer proposal now . We are now in the process of issuing a Dy. Registrar notice to the society.
In the whole process my mother Aged 79 yrs & my family is being harassed mentally due to corrupt practices followed by the secretary and other committee members they are misleading us.
Sir, my question to you is ,
1) Society is taking emotional advantage of my aged mother ,as not allowing me to talk or Handle the case on behalf of my mother , as per them I am not a member.
We have also submitted the Associate Member form to the society , but still they are misleading us by keeping on Hold.
What further action can I take ?
2) I want to teach a permanent lesson to Sec. & chairman in terms of Penalty from their pocket.
As a consumer what can I do further?
3) What steps you suggest me to take in future also to deal with such rigid & arrogant Secretary / chairman.
Thanks & Regards
shailendra patole