Venu
28 October 2019 at 14:26
My grandmother had 3 sons and my father in 2 of the 3 sons. My uncles wrote a false statement that my father does want any Right on the property that was made by my GREAT GRAND FATHER and the property can be divided and given to both of my uncles, and FOERGED my fathers Signature on the statement and was submitted in the Samaj. My grandmother then made a GIFT DEED on the name of my both of my uncles with the 2 witness.
My father approached the lawyer and said that his brothers have done fraud and mislead my mother and had property gifted to them .
And my father told the lawyer that he got the false statement that was submitted in the samaj by my uncles and done the verification check of the signature in the legal way and it was forged.
But the lawyer had filed a case on the basis that the grandson i.e. ( my father ) have the right to the great grandfather's property even if it is gifted by my grandmother to my uncles which is not legal.
Now it has been a more than 12 years and nothing has been done against my case. Till now only my Fathers witness is going on and my uncles have not been called for a single time in a court.
I want to ask that does this case have a possibility of win ?
Does the lawyer have subjected the case correctly ?
What should my father do ?
Rashesh
28 October 2019 at 12:10
An illegal tresspasser filed a civil case on my father to enjoy our property free of charge long time. The civil judge has favoured him by giving temporary injunction order in Plaintiff's favour. I do not want to appeal but if I want to change my court, is that possible?
It became a complex case when since past 2.5 years , our case is not been progressing because any lawyer we hired, the opponent lawyer make negotiations with them and these lawyers are withdrawing from our case even after giving good fees. My father is 75 year old , living in Mumbai and the property is at Mehsana Jilla so we need to hire local lawyer and its been so difficult since trespasser is a political leader of that taluka.
I am living out of India, hence only can work with lawyers who uses emails or WhatsApp. In the small Taluka, all lawyers knows each other, even Judges were seen playing cricket with lawyers.
In Injunction order, Judge wrote "balance of convenience " and irrepairable loss to PLAINTIFF if the injunction order is not given, where as real truth is PLAINTIFF has kept our property in locked position since past 7 years and we put electric bills also to prove that.
Now situation is all PLAINTIFF are out of picture and the political person's employe is now POA of the case and never come to the court. Once I appeared in the court with my father and ask them to proceed with our presence as "PARTY in PERSON" The judge immediately refused that and asked us to come with lawyer. This is a reason I suspected that Judge , lawyer etc. are influenced by that political person (who has been popular in Taluka for Judge posting and recruitment also). If you need more info I can give , my email is rashesh_shah@hotmail.com
What best can be done?
Anonymous
28 October 2019 at 09:42
Dear sir,
I own a flat on third floor in four storey building. I gave it on rent. Flat was purchased in 2009 in virar. My licensee verbally complained 3-4 months back that water tank above bathroom automatically get empty and also some fittings are leaking. For that I sent plumber and get it repaired. After that there was no complaint.
I never done any changes in pipeline in bathroom. Everything is as it is, as given by builder.
Last month I took token amount for selling this flat and recently agreement was registered. When all this happening,
Now suddenly few days back I get complaint from my neighbour and below floor flat that they are getting water leakage from my bathroom to their home. Immediately I sent plumber next day and plumber now told me its concealed pipe leakage work and bathroom tiles will have to be broken to find leakage in pipe line and pipes had to be replaced as they rusted. I did all that expenditure and replaced all pipe line in my bathroom and leakage stopped. But now neighbour and below flat owner, is harassing me that he also need compensation for damage in his rooms. But when I see his room it doesn't seem that damage is so major and only because of water leakage which came to my knowledge recently. Now they are claiming that it was very old leakage and I ignored it in my bathroom. They had given first time written complaint to society regarding leakage and damage just 5-6 days back. Out of which leakage part already solved in my room at my cost immediately .
Now I want your guidance, what to do for their wrong demand of compensation for damage to their home? One of member wrote letter to society stating not to issue noc to me unless this matter clear. Society and all those neighbour and below flat are harrasing me and not issuing NOC. My all other dues like maintainence etc are clear. Is it legal to hold NOC in such cases? I urgently need noc as I need urgently money. What law says. What shall is do? Please guide. I will be obliged.
jayakumar.j
27 October 2019 at 18:47
My client has obtained favourable orders in Labour Court. The respondent intends to file Writ Petition at High Court.Can a caveat be applied at High court ?
Darius Engineer
26 October 2019 at 22:01
My aunt had purchased a flat in 1990 at Vasai.
She had not registered the purchase/sale agreement as she wasn't very savy about such matters and usd to suffer from bouts of depression.
She had given a Power of Attorney to one person (not related to her) in 2007 to sell the flat but this POA also was not registered only notarised.
This POA holder created a forged sale agreement in his favour in 2009.
He died one month later
One year later his wife got that forged agreement registered and paid stamp duty claiming the my aunt was not traceable
She staked a claim on the flat on the basis of this agreement from the Society but the Secretary sensing something fishy called upon my aunt who as staying with her sister at Metro.
Meanwhile this wife off the forgerer made a complaint to the Dy. Registrar to enforce transfer but we intervened and the complaint was dismissed where the Dy. Registrar ruled that he doesn't have authority to direct the Society in view of our intervention and she not having any heirship document.
Subsequently this woman quietly gets a heirship certificate without making my aunt party to the application.
My aunt filed RCS in 2015 to have the forged agreement cancelled. The RCS was filed by me as her CA under a registered POA
During umpteen adjournments my aunt finally died in 2018.
Now th matter has come for final hearing where the advocate of the woman claims that the flat did not belong to my aunt as she had not registered the same.
I understand that registration was made mandatory in 1994 vide a Circular dated 18-02-1994 by the Dept. of Cooperation.
Can anyone help me get a copy of this circular.
PS: My aunt was staying with her handicapped sister far from this flat and hence was not frequenting the same due to her age and distance. She was 82 when she passed away in Feb 2018.
Darius Engineer
Fawaz Mujahed
26 October 2019 at 13:05
How do we apply clause 12.3 of the fidic 1999 with example
Mugdha
24 October 2019 at 09:07
Hi,
I seek advice on the following:
My father had constructed a Kali temple in collaboration with a few other people in 2000. There was a trust committee formed which had 4-5 trustees. My father was the president for this committee. There was also a bank account opened in the name of this trust. The signing authorities of this bank account were my father and another person. The paperwork and bank account was managed by my father's accountant. My father passed away in 2016 and so it was decided that my mother would be appointed the president (since none of the trustees is now interested in managing or taking any responsibility). This was written and signed on plain paper (no stamp paper or anything).
Beginning of this year, the accountant handed over all paperwork stating he no longer wanted to manage this. Once we got the bank account papers, we realised that the bank account has been dormant since 2016. I submitted fresh KYC to activate the account but we still can't access the money coz the bank says that the other signatory is required and also since it's a trust account, the trust president-ship needs to be legally transferred to my mother and then she can access the account and the money.
My query is,
1. We want to dissolve the trust so that this problem does not arise again once my mother is no more. What is the procedure for dissolution?
2. How can we have access to the bank account money? It is needed for the repairs and maintenance of the temple and right now we're running short. Will the dissolution of the trust make it easy?
I hope I've provided enough information for you to guide me :) please do let me know if you need more information. Thank you!
Anonymous
23 October 2019 at 21:06
A property/ piece of land was in minor person's (Rahul) name (age 17 yrs) and the father (along with another person) is one of the witness (1e) in the deed. Of-course the sale deed was executed without the district court's prior permission. The minor who is a major now (age - 38 years), want to claim the stake in the same property/ land. In the sale deed it is mentioned as the minor as 19 years (while he was 17 years).
Questions:
1) What are the rights of the person (Rahul) if he claims stake in the property?
2) As the father is the witness, what does the law say as the father has identified/ witnessed (on agreeing that the seller is above 18 years...!!)?
3) What are the other sections critical points for Rahul to take care if the case is filed?
Thanks,
Sushant Kumar.
nagarathinam
23 October 2019 at 16:51
If the father is deceased and his son is liable for his debts, which of the following sections under law?
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Land acquisition by the national highways
Respected Sirs,
My land was taken for National Highways 205 on 2011, compensation by the LAO on 2012. After receiving the Compensation I have appealed to the Arbitrator cum the District Collector for enhancement of compensation , my appeal was pending till 09.05.2017 , on 09.05.2017 the arbitrator cum Collector passed an arbitral award , based on the previous arbitral award.
When we go through the previous arbitral award , we came to know that there was a computational mistake happend in my arbitral award , hence i have applied a correction of computational mistake to the Arbitrator. The Arbitrator has conducted a enquiry but still no orders were passed.
During this situtation the Arbitrator has passed more hiked enhanced compensation award to few of my neighbour land owners , having known this more hiked compensation I also again submitted my representation to the Arbitrator requesting the recent arbitratrol award to me since there is no final order passed in my representation.
Now I am requesting you kindly provide your valuable suggestions in this regard
1) Am I ask the recent arbitral award , since i did not get final order which is pending at the enquiry itself?
kindly provide the above information
Thanking you a lot
nandagopal