koustubh bhide
15 January 2019 at 14:42
Dear My Senior and Experts please guide me and help with any citation if any,
I have filed a civil suit for 'cancellation of Sale deed' (I am Plaintiff).
facts of my case in short is:
one sale deed is registered in the year 2007. in the said sale deed Land is sold at a price of Rs.5,00,000/- but in sale deed para of consideration is mentioned as under:
seller hereby declairs that, he has received the consideration price of Rs.5 lakh from the purchaser in the following manner:
Amount Rs._____, on dt._______ through ________bank______branch. hence there is nothing pending between the parties. purchaser declairs that, he has received the full consideration amount.
in fact, seller of land has not receive any amount from the purchaser. hence i filed suit for cancellation of agreement in the year 2017. defendent appeared in the matter and filed application under order 7 rule 11 stating that, plaintiff is filling suit after 3 year from the date of registration.
fact is- seller and purchaser was friends so, Purchaser at the time of registration had not paid any money to seller and took possession. and then in the year 2015 seller came to know from villagers that, without giving payment to him , purchaser sold the said land to thrid party and 7x12 was also transferred in the name of third party for which seller has not knowledge. hence he got knowledge the he is been cheated by the purchaser, in the year 2016 for the 1st time when he took certified copies of agreement from sub registrar regarding thrid party sale deed.
now, defendent (purchaser of land) came to court with 7x11 application stating that, i have paid 5 lakh rs. to seller in cash hence details in the registered agreement of 2007 were kept blank. but in fact plaintiff is saying he has not received any amout. and agreement which is kept blank is also void.
So, now i need citation on limitation act sec.58 read with fraud that, limitation period for cancellation of sale deed starts when plaintiff came to knowledge 1st time when he is been cheated. not from the date of registration of document.
Anonymous
15 January 2019 at 00:07
Hello sir, I had a excavator which was burned by miscreants on month of purchase due to which I could not pay any EMI. I registered fir and informed the finance company and insurance immediately. The all visited the incident site and took pictures of the burnt vehicle. The insurance company paid 20lac to finance company after 1 year even though it was a zero depreciation and special contingency insurance policy. I signed on the insurance payment voucher to release money to the finance company on verbal assurance by the manager of the finance company that they will give me noc.but 4 years have passed and still the finance company keeps bouncing ecs on my account. They even have made false arbitration case and cheque bounce case against me. I had appealed in consumer court from last 2 years but they dont send anyone to appear on case dates. What should I do now?
Nitesh
14 January 2019 at 13:21
We have joint property which is inherited from father but one is missing since last 6 month and for that we have registered police complaint also now we want to sale house propety and also ready to keep his share sepaprate. One lawyer suggest me to post aad in newspaper and then you can sale it. Tell me sir whether this idea is legal or not. If not so what is the legal way to go for. Please suggest me possible ways. Thanking you.!
Anonymous
11 January 2019 at 21:58
I booked flat in 2011 in Bangalore and got flat in 2013 without amenities as promised. Builder built additional one floor from G+3 to G+4 with additional payment to BBMP. Builder took time till 2014 to finish basic works and left .
After much follow up , builder gave us land document, building approval copy .
So far all facilities like STP, Gen set room, Parking floor , main gate, approval of lifts ... not completed.
Not provided completion certificate, Occupancy certificate. So, we are not getting A khata.
Can we file a civil suite now ( after 5 years) against the builder in 2019 to complete pending work and building completion certificate ?
J. Raj george
09 January 2019 at 21:12
SIR, my mother sold property of my property when I am minor she signed on behalf of herself and minor. Then immediately gave advocate notice to the buyer that the minors share will not be bound by the deed . He did not reply for that now am major and 10 years passed. Whether the notice is in effect. Whether the notice is binding him.
Anonymous
09 January 2019 at 09:53
Hi,
My brother has purchased a site in Bengaluru. It was given out by Tahsildar for 15 years term on lease to Seller (Female) along with Hakku Patra after akrama-sakrama court order way back in the year 2004. Since seller was in need of money, seller has sold the property to my brother. Got the registration done along with husband and 3 kids who are major. Seller has signed the family tree but shown only 5 kids. 3 of the kids (2 Male and 1 Female) have signed in the sale deed but 2 hasn't. 1 went out to Jail to get another brother signature as requested by lawyer but he didn't turned up till date. Good thing is that, my brother has got family tree signed from the seller same day of Registration in which she has shown only 5 kids. Out of humanity, my brother gave 15 days time to seller to vacate the premises as festival was round the corner. Taking this as an advantage, the seller has filed a partition case with the help of her daughter. Verified the documents which she has filed for the case. Seller claiming that she has 6 daughters and 4 sons etc in an affidavit. Seller has paid all the taxes after the sale deed which they have produced claiming they are the owners etc. Judge has granted "Status Quo" order.
How to go about?
phani
06 January 2019 at 12:00
if the marking of documents was done from plaintiff side with the absent of defendant and his counsel , what is the remedy available to defendants ?
Jitendra kumar
05 January 2019 at 21:41
How to get extra ordinary leave means it has to be sanctioned first or it will regularise after coming back to the job ? In probation period
Anonymous
05 January 2019 at 15:06
What the applicability of Law Of Limitation for loans taken from private individuals ? Is this law also applicable on private loans ?
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Drt case unwarranted delay in judgment
The case in DRT is pending for Judgment since April 2016 which a MNC Bank had filed in March 2012 as an OA for recovery of dues which was suspended since August 2010 for not respecting/participating in the proceedings in a consumer case filed against the Builder as well as Bank for not handing the possession in spite of regularly honouring the EMI as well as total payment of dues to the builder as part of my obligations including the loan amount in disguise of non deposit of sale deed as an excuse to force me to sell the property back to builder.After filling the OA in DRT the bank participated in the priceedings from July 2012 & was continuously dragging.As the state consumer forum directed me to move NCDRC due to pecuniary Jurisdiction in the year Feb 2018 and hence the case was filed in NCDRC in July 2018 & admitted with notice to the OPs in Jan 2019.Meanwhile I moved the DRT during November 2018 to expedite the Judgement but the Presiding officer refused stating that when the Applicant is not in a hurry why the Resp.are?
My question here is:
1.Should I have to wait for the judgement to come or should I have to move DRAT for expediting it ?
2.If the Judgement comes against me will it hamper the proceedings in NCDRC
PLEASE GUIDE as Iam the party in person in both the courts.