malashree
28 November 2009 at 00:27
In a partition suit case the defendants have made a forged Will and produced a photocopy of the same in the court. The said Will is unprobated/unregistered and the date mentioned is 1.8.1988. Please explain in details on what grounds the above said Will can be challenged in the court of law.
malashree
28 November 2009 at 00:00
A few years ago govt. of india had allotted a 155.5 Sq.yds plot under East Pakistan Displaced Persons Scheme in Delhi. The property is still leasehold, however, the same was registered in the sub-registrar office accordingly. Please clarify in detail the meaning of leasehold property. Secondly, what is the meaning of conveyance deed and how it can be made for a particular property.
sunildatta akole
27 November 2009 at 21:10
Sir, My father is a tenant of a shop since 1961 which is owned by "A" but he is the tenant of that land. "A" is taken this land on lease for a period of 999 years from the land owner in the year 1960. I have purchased such land from the land owner in the year 2003. Now I am the owner of land and my father is the tenant of such shop. and "A" is the owner of such shop building. it means my father is in possession of such shop.
Now how can I obtained the possession of that property from the shop building owner. whether i can filed a suit even though the shop owner is the leasee of my land for the year 999 years?
Whether I can filed a suit against a shop owner? if yes, on what ground?
Also told me whether it is necessary to give a notice to my father also?
Please advise me and give me any citation regarding it if any.
Please give me advise along with grounds on which i can issue a notice and also file a suit.
kalyani choudhury
27 November 2009 at 19:44
My father-in law died recently leaving a will - The original copy is with a friend of his who is now in the US and we do not know when he will return.
Two carbon copies of the Will are with the two sons one of them with my husband who is the elder son the second copy with the younger son who is settled in Canada.
The Will is hand written and the carbon copy of the will is witnessed in original i.e. in ink by two witnesses who were my father-inlaws neighbours and friends.
The Will was made in Ajmer, Rajasthan and is dated july.,2007 and the two sons are residents of Delhi and Canada.
Is it possible for the elder son to get the carbon copy of the Will having original signatures of the two witnesses which are in ink ,Registered ? Is it possible to get it registered in Delhi ?
CHEEMOO
27 November 2009 at 17:24
My father (Plantiff) filed a benami suit against me Son (Defendant No. 1) in the April 2001. The year of purchase of property in March 1974. That the defendant No. 1 is the owner of the property which was purchased in the year 1974 from Cooperative Housing Society with the funds arranged by his late Uncle for the love and affection and wish of his late sister ( mother of defendant No. 1) as the said uncle was issueless till the time of his death. Age of Defendant No. 1 is twelve year at the time of purchase of property.
That after 22 days of the death of maternal uncle the plaintiff has applied with forged document for transfer of property in question before Defendant No. 2 ( Cooperative Housing Society ) after 27 years. The suit is time barred. The suit has been filed with malafide intentions and ulterior motives on the basis of forged documents.
That suit has been filed by father against me on the instigation of my sisters after the death of my maternal uncle.
Defendant No. 2
That no cause has to file the above suit against the defendant(s) for simple reason that no application / transfer form alongwith the affidavit was filed before the defendant No. 2 and that subsequently the defendant No. 1 is the actual party in whose name allotment of plot stand in the record defendant No. 2 as per written statement filed by the defendant No. 2.
Plaintiff is died of June 2007. The Presumptive legal Representatives of Plaintiff are two sons and four daughters.
Written statement of Defendant No. 2 ( Cooperative Housing Society)
1- That the date of birth of defendant No. 1 are not in the knowledge of answering defendant 2.
2- I t is however stated that the building plan was submitted by the Defendant No. 1.
3- The defendant No. 2 ( Cooperative Housing Society) did not receive any application for transfer of the property
4- That no cause has accrued to file the above case against this defendant for the simple reason that no application / transfer form along with affidavit was filed with the defendant and that subsequently the defendant No. 1 in whose name allotment of plot stands.
EVIDENCE:
1- That the decased Plantiff has failed to establish his case while the burden of proof is upon the plantiff. He has failed to establish that his income /salary was sufficient to purchase the property.
2- That the plantiff has not produced the declaration of assessments of assests for the year 1974 to 1979 in his evidence.
3- No Proof of evidence of Benami has been produced by the plantiff .The plaintiff failed to proof the Benami.
Know the case is on arguments stage. Please advise and suggestions for arguments Kindly supplement the reply with decided case laws.
malashree
27 November 2009 at 15:48
In continuation to my above said subject querry. Please read 155.5 Sq.Yds instead of 1555.5 Sq.Yds and MCD circle rate Rs.27,300 per Sq.Mts insead of Sq.yds.
malashree
27 November 2009 at 15:41
The property is located in Delhi having built up three floors on 1555.5 Sq yds plot. The owner of the property died intestate leaving behind three legal heirs. The land cost of the property as per MCD circle rate meant for registration of property is Rs.27,300/- per Sq.yds which come total Rs.35,49,546/-- and the construction cost total come Rs.22,23,342/-. The grand total comes to Rs.57,72,888/-. Now one of the legal heir intend to file a partition suit. Please clarify the following:-
1. What would be the valuation of suit for partition for the purposes of fees and jurisdiction and whether this suit can be filed in a Dddl.District & Session Judge or District Judge court.
2. What the method for calculation of the pecuniary jurisdiction.
3. Whether and partition suit pending in the court can be rejected/returned under order 7 Rule 10 CPC being without pecuniary jurisdiction.
4. How the market value of the suit property is calculated and whether a partition suit can be rejected under order 7 Rule 11(b) CPC.
5. Whether I can decrease the valuation of suit property for filing partition suit.
Anonymous
27 November 2009 at 14:36
my father died in 2005 and exceuted a registered will thereafter gpa and thereafter gifted the same property. All the property was gifted to my younger brother. We are six sisters and two brothers. please advice how I can challenge these documents in the court of law as these are executed without my knowledge.
S. SAILAKSHMI
26 November 2009 at 22:07
My father had a flat at Anna Nagar. Three years before he had expired (No will has been written by him). I and my sister were only the legal heirs. I was living with my father along with my family (My husband and two small kids). TNEB bill, BSNL bill, etc were in the name of my father. My sister settled in Mysore after her marriage. She had one daughter. Till my father's death i myself take care of him (as he was a cancer patient). After my father's death, i and my sister thought of sharing the property equally. Though my sister is not willing to settle soon. Till now i am living in that house only. The TNEB bill, BSNL bill, Gas connection etc were in my father's name. At present my sister is not in a position to settle. What should i do to transfer atleast the EB bill, BSNL connection, Gas connection etc as they were a needy one. Can i keep it in my father's name itself till we were settling the dispute? Is it correct. Till now we were paying everything in my father's name only. Now due to frequent power cut, we were in need to change the EB supply to Three phase. The EB persons were requesting the name transfer. Is it possible for me to get the Name transfer without my sister's support. kindly clarify.
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Unregistered sale deed
Hi,
I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,
1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.
2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.
3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.
4. I have an adangal record(possession record) since 1977 for every year till date.
Now here is the problem....
There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.
Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.
2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?
Thanks in advance.
-Raju Jagadeesan.