Nikhil chaudhary
05 August 2019 at 09:38
Hello dear Lawyers,
A civil suit regarding the property title is going on. The case is in the last
stage plaintiff evidence, defendant evidence and additional evidence is
over. Very soon arguments are going to be started.
My Questions are-
1. I came to know about very strong evidence just 2 days back.
I want this evidence to be submitted as evidence in court.
How can I submit this evidence in the court now since the case is in the last stage? Is it too late now?
Please tell me a way.
2. I have a civil case going on in court and all the evidence and cross-examination has been completed in
it. If I run a criminal case now, will this evidence and cross-examination be taken again? Or in criminal case evidence and cross-examination of both parties won't be done because it is already completed in civil case?
vijay kiran
01 August 2019 at 22:53
Sir,
My doubt is I want to file an rti with a psu company ,requesting them to provide me data about how many candidates got selected in a recruitment exam under OC/SC, BC category and their names and ranks in merit list issued
Whether this data can be provided under rti act or they can simply ignore it
Anonymous
01 August 2019 at 20:56
Letters mentioned here as A ,B, C, D and E represent persons mentioned for the ease of understanding.
Seller XYZ sold a property to A,B,C, and D in year 1996. A,B,C and D being the co owners with equal rights on property.
In year 2006 owner A and B gave registered GPOA (General Power of attorney ) to C for working on behalf of them.
Owner A gave a legal notice of cancellation of POA to C in year 2011.
Owner (A) transferred the property to his sister (E) as registered gift deed in year 2015. Same changes were made on 7/12 property card in 2017.
Since 2017 owner on 7/12 property card are E, B, C and D
In 2016 "C" used the POA to make a registered agreement of sale using a forged unregistered Agreement of sale he made in the year 2001 with forged signatures.
In June 2019 "C" transferred the property rights of A and B to himself registering a Sale deed document using the cancelled POA and Registered agreement of sale of 2016 , attaching old 7/12 property card having Owners A,B,C and D , whereas the current owners being E, B, C and D.
My queries:
1) Is it allowed to use 2 year old 7/12 property card to Register a sale deed ? Any Law governing the same ?, any reference would really help.
2) Is a GPOA holder allowed to transfer property on his own self ?
3) Is the GPOA still valid for Person "C" after the Donor "A"has already transferred the property to "E" ?
4) Is a person allowed to register a unregistered Agreement of sale after 10 years ?
Thanks a lot,
Regards.
KAUSHAL BANSIBHAI PATEL
01 August 2019 at 17:56
Dear Sir
I have one query, my father has purchase propriety in the year 1950 and he was die in year 1976. We are not aware about such property till Jan 2019. after we found some evidence we have to claim such property. the facts of the case as follow:-
1. My father has purchase this property and it is not ancestor property.
2. In year 1976 when we are not aware of this property, my uncle has transfer this land in his name as legal heir and varsai.
3. The Govt Officer know as Huk Choksi has pass wrong order in those year and enter my uncle and there family name in land.
Is there any case law related to above mention facts, so that i can challenge huk choksi order and get my land back.
KAUSHAL BANSIBHAI PATEL
01 August 2019 at 17:32
Dear All,
I require additional sale deed format in Gujarati or Engilish
Thanks & Regards
Anonymous
31 July 2019 at 17:33
Sir,
there is an issue in an educational institute. the head master is retired and new head master has to be appointed ,
But there is clash but there is some dispute between 2 managing bodies each one is saying we r legal then who will appoint new head master.please reply.
Ganesh
31 July 2019 at 00:24
I own the promissory note case and mater was sending to official receiver for taking possession of property and conduct auction of such property, but official receiver did not act accordingly, he delays case from six years what options are available to me act against official receiver
Anonymous
29 July 2019 at 23:55
Sir,
Plaintiff ( trespasser)has filed declaration and injunction suit in O.S. No.-ABC-against the Local Authority and others before the Civil COURT by suppressing the previously decided cases filed by plaintiff itself for the same suit schedule property.
When this matter was pending , Plaintiff filed another injunction suit -No. XYZ- against the same Govt Authority (but without joining other defendants ) obtained permanent injunction within one month on Merits by playing fraud upon the court by not disclosing the pending suit -ABC etc.
When the matter was posted for evidence in 1st case O.S.No. ABC, after one and half year ( 1-1/2 yr) , plaintiff filed memo and withdraw the case ABC with court consent.
But the defendants ( Other than Govt Authority) in 1st case O.S. No. ABC are not aware of the 2nd case XYZ and now been affected by the decree passed/obtained by plaintiff in O.S. XYZ. Surprisingly , even after 1 year , the Govt Authority also not filed any appeal against the decree in O.S. XYZ.
QUERY :
- How the defendants( affected parties) who are not a party to the proceedings can reopen the 2nd case O.S. XYZ ?
-Can this be re-opened in the same trial court by the affected parties ? If yes, then under what ORDER /RULE CPC the non-party can reopen the XYX case ?
- Any SCC citation plz
Kindly advise.
Thanks in advance !!
Anonymous
29 July 2019 at 21:41
Sir I am defendant in what appears now untenable declaration suit.
Plaintiffs a firm of two and only a surviving partner after filing witness / evidence statement on behalf of firm and cross examination has filed contempt application against me contradicting his/their averment in witness statement filed on oath.
One issue framed for the plaintiffs is does plaintiff 2 prove that he is partner of the firm and did defendant 2 signed the agreement. Where as both plaintiffs 2 and defendant 2 were no more as on date issues were framed. Legal heir not named.
Wonder why plaintiffs lawyer and defense lawyer brought this fact to notice of court.
My alleged contempt action dates back to before issues were framed.
All the issues framed by court obviously stand disproved by the plaintiffs as per evidence / witness statement filed on oath.
Court if wants can deliver judgement without defense. Two necessary parties who signed disputed contract no more.
My first lawyer double crossed and resigned as plaintiffs evidence ended.
I hired other lawyer with lot of difficulty at exorbitant fees due to desperation at 11 th hour as court gave hearing stage.
My new lawyer has not filed any reply and says I should keep mum.
26 hearings have passed since.
Court is neither giving defense stage.
Nor initiating contempt proceedings against me.
None of the lawyers are attending hearing.
I personally attended one hearing and judge said bring your lawyer.
Lawyer is big name and difficult to to be candid with him.
I am 65 and away from place of suit.
At one stage I contacted surviving plaintiff and he was unreasonable and as such there is no need for me to compromise.
Your views and advice.
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Transfer of property
sir
my father has made a registered will giving the house to my mother till her death and subsequently equally to all hsi children. we are four siblings .my mother passed away three month ago without leaving any will . we are hindus .now my queries are as under
1) how long the will be valid
2) is the will of my father valid now as my mother is no longer alive ,whether can we apply for transfer of property in our names ( all four siblings)based on the will made by my father
3) can we get decree based on the will of my father or do we have apply for fresh succession cerificate .
40 my mothers death certificate shows only name and place of death without mentioning husbnads name or permanent address . will thsi crate any problem for us .
thanks
srinivas