SATISH KUMAR
26 December 2010 at 09:02
Sir,
I want to present my case on behalf of self and my younger brother in an Appeal suit for partition of separate property of my deceased father as respondents/defendants before the Delhi High Court ?
What are the prerequisites ? I am graduate in law and my younger brother is 11th pass.
Is it within the powers of the High Court Judge to refuse me the permission ? Wil it be legally valid ?under which provisions of law i can contest the 'refusal' in case the Judge refuses permission ?
We cannot afford the fee of a Lawyer.
Kindly ADVISE.
# I request you to also kindly mark me reply/advice cc on my e-mail id :skdhanwal@yahoo.com
regards,
I Remain,
Your's Sincerely,
Satish Kumar
9810544388
rajesh makol
26 December 2010 at 06:22
I had given an application to local Police Station to file an FIR against Sudha Sachdeva as follows:
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
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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 request you to file a FIR against Mrs. Sudha Sachdeva and take immediate action.
DOCUMENTS ATTATCHED:
1. Copy of property papers submitted by Sudha Sachdeva with NDPL.
2. Copy of NDPL Court(CGRF) order to file criminal complaint against Sudha SAchdeva.
3. Copy of reply by DDA stating no flat 123-D exists.
4. Coy of RTI reply by Subregistrar stating the Agreement to sell and purchase was registered irrespective of existence of property.
POLICE CALLED RANJAN BASU H/O SUDHA SACHDEVA AND PROPERTY DEALER J.S. RAWAT TO ENQUIRE ABOUT ALONG WITH DOCUMENTS. After four hours of enquiry they gave a statement to police that they had purchased the flat from RITA Kumari for a consideration of Rs. 11.50 lacs. Further they produced copies of Registered Agreement to Sell and Registered General Power of Attorney executed by RiTA Kumari in favour of Sudha Sachdeva for property 123-D and also copies of Registered Agreement to SEll and Purchase and Notary Attested GPA executed by Sushil Arora in favour of RITA Kumari. They were not able to produce any other documents regarding existence of property 123-D or any previous documents proving ownership of Sushil Arora. The Policeman asked them to amicably settle the matter else the consequences are not good. They requested for some time and were given two days time by the Investigating Officer.
After one day I received a call from the I.O that that Ranjan Basu, Sudha Sachdeva and J.S. Rawat has applied for anticipatory bail in Session Court. He called me and asked me to submit a copy of House tax department (which I recently got via RTI) that no property 123-D exists in their records.
He told me that they will reply to the court that the matter is civil and is being enquired and will submit my copies of DDA letter and MCD House TAx Department letter that no flat 123-D exists. No FIR has yet been registered in the case.
Please advise me what will be the consequences of Anticipatory Bail Application of the abovesaid culprits. Will the case be registered now. Is police under compulsion to file an FIR now. What will the magistrate do - simply reject the anticipatory bail application, grant it, or direct police to register a case? Do I need to file a civil case/criminal complaint separately with the court? Will I get back the possession of my property? The I.O. was telling me that the judge will mark the case for Section 56(3). What is Section 56(3)? What further steps shall I take? Please help. Its Urgent.
Anonymous
25 December 2010 at 23:43
Currently my father was expired. his two wife first wife is legaly married & stay in last 25 years in father-in-law home & my father & his second wife stay another. am only one daughter my legaly mother, second wife is four children...father have no property made, my grandfather home is only property...let me know who will get the propert n how?
Anonymous
25 December 2010 at 20:51
Hello,
Our society is 30 years old and we do not have conveyance deed. When we approached some agencies to get the same, they told us that it would cost Rs.15 lakh to get conveyance deed.
I have heard from some sources that getting this document is not so expensive.
I wanted to know can I as an individual get the conveyance deed for our society? And if yes whom should we approach and what documents should we furnish?
Thank you for your patience and kind co-operation!!
Anonymous
25 December 2010 at 20:45
There are 15 nos. brothers of which 3 nos. own a piece of land, 7 nos. own another & 5 nos. own the third piece of land. The lands are adjoining. They first gave Constituted Power of Attorney to one Mr. Sing & another Mrs. Sing (wife of Mr.Sing) for signing any document for developing their land, sale etc. After that they entered in to a Development agreement with a partnership Company of which Mr. & Mrs Singh are the only two partners. I had put this question to LCI whether the power of attorney holder of seller can also be the partners of the same company & was informed by the learned Experts that there is no problem. But a development has taken place after that. The land owners have taken money & signed a declaration by which they have sold their shares to the Partnership Company owned by the two POA holders. They have not made any sale deed to avoid stamp duty. Now Banks are telling that there should be a Sale Deed in favour of the Partnership Company (Builder) for getting loan for construction of flats. The owners have left the City & moved to distance places after taking money. They can not be arranged for signing a Sale Deed now. My question is
(1) Can one of the Constituted Power of Attorney holder, Mr. Sing, sign for the land owners as for vendors/sellers & another POA holder of the same land owners, Mrs. Sing, sign for the buying company as a Partner?
(2) Can the Banks refuse to lend money based on the declaration of sale & demand for sale deed?
(3) What should be other requirements in this case?
(4) Can even a very sketchy draft of the said proposed Sale Deed be given by anybody? If it is possible sirs.
Thank you in anticipation sirs.
Anonymous
25 December 2010 at 19:22
Hi,
I am planning to buy a house in Bangalore. The present owner of the property has given the house for lease. Please advise what and all precautions need to be taken by me before buying the house.
Ramkumar
25 December 2010 at 17:09
Dear All
WE HAVE LAND ACQUISITION ISSUE WITH STATE GOVT OF HARYANA NOW CASE IS WITH HARYANA HIGH COURT
HIGH COURT DICISION IS IN OUR FAVOUR AND ORDERED TO THE STATE GOVT TO SOLVE THE ISSUE WITHIN 3 MONTHS
NOW THREE MONTHS HAS PASSED BUT STATE GOVT HAS NOT TAKEN ANY DECISION YET
WHAT SHOULD WE DO NOW
PLEASE ADVICE
1)STATE OF HARYANA THROUGH SECRETRY TO GOVT .HARYANA TOWN AND COUNTRY PLANNING DEPARTMENT CIVIL SECRETARIAT CHANDIGARH
2)LAND ACQUISITION COLLECTOR,URBAN ESTATE,HARYANA PANCHKULA
3)LAND ACQUISITION COLLECTOR,FARIDABAD SECTOR 12 FARIDABAD
Anonymous
25 December 2010 at 16:14
I want to buy a under construction flat , but i came to know that the flat had been booked by another guy and 6 months back sale agreement was also done . Now due to loan application rejection the other guy is not buying the flat . Cancellation agreement is not done till date but the builder is ready to sell the flat to me . please advice should we go for such property.
Anonymous
25 December 2010 at 15:13
Warm Regards on this platform
Sir i would like to update as far how would be the power of attorney be vaild if the father has made to one of the five childer before the death takes place , there by whetter the same shall be considred as vaild after his fathers death , will the latter childers would have any right to claim on the part of that power of attorney
The property matters mentions all five childern name even today
power of attonry does have any time bond once made ( vailidity period )
Awaits for a reply 10 Q
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