somnathsingh
30 November 2010 at 18:50
An Agreement of Sale is entered by father and son in favour of tenant already in possession. Before sale deed is executed by them, son got issued legal notice to the tenant (agreement holder) expressing sole ownership by virtue of will deed executed by his mother (original land lady now expired) in his favour.
The tenant filed “Suit for Specific Performance” making Father and Son as Defendant 1 and Defendant 2. The two sisters of D! got implied as D3 and D4 and challenging the will.
Over ruling the above documents the Original Suit was decreed in favour of Plaintiff (tenant) against D1 and D2 for executing the Sale deed for 50% of the suit property. Confirming balance 50% ownership to sisters by invalidating the alleged will. The sisters are not willing to sell the property.
Aggrieved by the Specific Performance decree, brother preferred an appeal and it is pending.
Is the (Respondent) Tenant can demand to execute sale deed of the sisters shares by giving considerations.
If the appeal is pronounced in favour of appellant confirming sole ownership in this case can Tenant demand to execute sale deed of the remaining 50% unregistered belonging to sisters after this share was own by the brother in Appeal.
What will be the situation of unregistered portion suit property, if the brother states that he will execute the sale deed for the entire property in the lower court pleadings and wins in appeal.
Since the tenant has not preferred any appeal against the lower court decree. Is he eligible to put the abovementioned demands in the appellate court. Please advise.
Regards
Somnath
somnathsingh
30 November 2010 at 18:17
Sir,
A Suit for partition is filed by the sisters against brother and father demanding the 4 equal shares challenging the Will executed by their mother in favour their brother only. The sisters were also stated in plaint that son and father were colluded to grasp the suit property. The said will and (declarations) were denied by the father. Prior to that both sisters were given declarations stating that the will is correct and they have no right in the suit property and also taken money under love and affection from their brother. Declarations and the receipts were given by the sisters to brother witnessing their husbands. And thee documents were marked as exhibits.
Advocate “A” is contested for plaintiff (sisters) and Advocate “B” is contested for Defendant 1 (father) and Advocate “C” for Defendant 2 in OS (Brother)
Over ruling the above documents the Original Suit was decreed in favour of sisters’ partitioning the suit property in 3 equal shares, keeping the will under suspicious circumstances.
Aggrieved by the partition decree, brother preferred an appeal and it is pending. Now there is good understanding between the sisters and the brother and the sister are willing to confirm the will and the declarations given by them are correct and they have no rights in the suit property.
Is it possible to state in the appellate court by giving affirmation in pleadings what they have denied in the lower court?
Is it possible that Advocate “C” who contested against sisters (Plaintiffs) and Defendant 1 (father) in OS can file Vakalat in favour of sisters (Respondents) and Father also in the Appellate court?
What will be the situation of Advocate “C” if the suit is for compromise in between all the parties?
Can the appellate respondent advocate can file these pleadings in the appellate court. Please advice at the earliest.
Regards
Somnath
HARVINDER SINGH ANAND
30 November 2010 at 17:54
Is the photostate copy of the certified copy of the 'judgement'is admissable as evidence or not?
somnathsingh
30 November 2010 at 17:45
Sir,
A Suit for partition is filed by the sisters against brother demanding the equal share challenging the Will executed by their mother in favour brother only. Prior to that both sisters were given declarations stating that the will is correct and they have no right in the suit property and also taken money under love and affection from their brother. Declarations and the receipts were given by the sisters to brother witnessing their husbands. And thee documents were marked as exhibits.
Advocate “A” is contested for plaintiff (sisters) and Advocate “B” is contested for Defendant in OS (Brother)
Over ruling the above documents the Original Suit was decreed in favour of sisters’ partitioning the suit property in 3 equal shares, keeping the will under suspicious circumstances.
Aggrieved by the partition decree, brother preferred an appeal and it is pending. Now there is good understanding between the sisters and the brother and the sister are willing to confirm the will and the declarations given by them are correct and they have no rights in the suit property.
Is it possible to state in the appellate court by giving affirmation in pleadings what they have denied in the lower court?
Is it possible that Advocate “B” who contested against sisters (Plaintiffs) in OS can file Vakalat in favour of sisters (Respondents) in Appellate court?
What will be the situation of Advocate “B” if the suit is for compromise in between all the parties?
Can the appellate respondent advocate can file these pleadings in the appellate court. Please advice at the earliest.
Regards
Somnath
somnathsingh
30 November 2010 at 16:49
Sir,
A Suit for partition is filed by the sisters against brother demanding the equal share challenging the Will executed by their mother in favour brother only. Prior to that both sisters were given declarations stating that the will is correct and they have no right in the suit property and also taken money under love and affection from their brother. Declarations and the receipts were given by the sisters to brother witnessing their husbands. And thee documents were marked as exhibits.
Over ruling the above documents the Original Suit was decreed in favour of sisters’ partitioning the suit property in 3 equal shares, keeping the will under suspicious circumstances.
Aggrieved by the partition decree, brother preferred an appeal and it is pending. Now there is good understanding between the sisters and the brother and the sister are willing to confirm the will and the declarations given by them are correct and they have no rights in the suit property.
Is it possible to to state in the appellate court by giving affirmation in pleadings what they have denied in the lower court.
Can the appellate respondent advocate can file these pleadings in the appellate court. Please advice at the earliest.
Regards
Somnath
Anonymous
30 November 2010 at 14:33
Dear all experts,
i wish filing a PIL against tamilnadu state transport corp, regarding that, in the local buses inside mentioned and painted that, this side ladies seat, here disable person seat, and aware of thievs, so on so now passangers are not only travel ladies and also travel all men also, but all of the passangers took the bus ticket, but why not mentioned or painted here gents seats, its my query, if i will file a PIL, surely will i get succeesed, kindly give me your valuable answer and what are the procedure my side taken before the filing the suit.
Member (Account Deleted)
29 November 2010 at 22:42
CAN WE REDRAFT ALL THE FACTS OF THE CASE IN SYNOPSIS OF SLP ?
Member (Account Deleted)
29 November 2010 at 22:41
IS IT NECESSARY TO REPRODUCE ALL RECORDS OF HIGH COURT PROCEEDINGS AS TRUE TYPED, WHILE FILING AN SLP?
WHILE FILING SLP, CAN WE FILE AN APPLICATION FOR EXEMPTION FROM TRUE TYPING AS IN HIGH COURT ?
Member (Account Deleted)
29 November 2010 at 22:37
WILL IT BE SUFFICIENT TO ANNEX THE COMPLETE RECORD OF HIGH COURT PLEADINGS WITH SLP AS A SIGLE ANNEXURE EXCEPT TO ATTACH ALL ANNEXURES SEPERATELY ?
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