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R Murali   29 April 2008 at 10:38

Validity of sale deed executed

"X" is an employee of a Co-op bank has made some mal-practices by withdrawing the deposits made by public in the bank by putting signature of the depositors or taking advance signatures from the parties at the time of deposit itself. This has come to the notice of the bank and an enquiry has been ordered under Sec.81 of Co-op. Society Act 1983. An order has also been obtained to attach the property belongs to "X" on 8.3.2007. But before that "X" has committed suicide. But before that in the year 2004 some properties has been purchased by his wife & all the revenue records stand in her name. In the attachment order issued by the Spl. Officer of Bank, her properties has also been included.

Under the circumstances, if any sale deed is executed by his wife with "Y" whether such sale proceeds valid?

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Arun Bhatia   28 April 2008 at 18:50

application under order 7(11) read with sec151cpc

By virtue of Registered Will dt.24/5/96, W became legal owner of all the properties left by her husband and the same were duly entered in her name in revenue/municipal/huda records to which all other legal heirs ( two sons-S1 & S2 and only daughter) gave their no objection by way numerous duly sworn affidavits stating “they have no objection if the properties are entered in the name of our mother as per contents of the Will dt.24/5/96 executed by our father”.
Later on W decided to distribute the properties between her two sons by mutual understanding and as per this verbal understanding within the family, S1 became owner in possession of Property A&B and S2 became owner in possession of property C.
To implement the above family settlement S2 filed a suit dt 14/9/2005(S2 vs W & S1) for declaration & injunction in the court of Civil Judge, Ludhiana praying that the Plaintiff/ S2 be declared as owner in possession of property ‘C’ and Defendant no 2/S1 be declared as owner in possession of Property A&B. Also prayed for injunction so that Defendant no 1/W may not anyway transfer the property C of which he/Plaintiff became owner in possession.
However to avoid further litigations, W implement the above family arrangement as per a compromise deed dt.22/12/2005 as under:-
• Property A situated at Ludhiana was transferred by her(because she was the legal owner in revenue records) in the name of wife of S1 by executing a registered deed before the Sub-Registrar, Ludhiana on 3/2/06. S2 himself signed the deed as an witness.
• Property B was transferred by her(because she was legal owner n huda records) in favour of S1.Necessary formalities to this effect were duly completed in the office of Huda, Gurgaon on 6/2/06.
• Property C, at the instance of S2/Paintiff, was sold by her(because she was the legal owner in revenue records) to a person duly selected by S2 and the entire sales consideration of Rs 41.54 lacs was received by S2- Rs.30.00 lacs which W received by Draft was duly credited to the saving A/c of S2 by account payee cheque dt. 11/2/06 and the same was withdrawn by the Plaintiff/S2 and balance in cash. S2 himself signed the sale deed as an witness on 8/2/2006.
Thus the abovementioned family arrangement was concluded for ever. In view of this compromise, a copy of which was filed in the court of Civil Judge,Ldh alongwith copy of sale deed of property C showing the photo of the Plaintiff as witness, the suit having become infurcteous in respect of Property C and the properties A&B, these belong to Defendant/S1 as himself admitted by the Plaintiff also have been transferred, thus the suit of the Plaintiff satisfied/decreed in full.
But for the last more than 2 years, the Plaintiff is seeking adjournments for no reason and the court comfortably acceding to the request of Plaintiff without listening to us.
2. Rather, the Plaintiff/S2 filed another suit(S2 vs S1 & W) in the Court of Civil Judge, Gurgaon, in which the Plaintiff alleged that he is not interested to give his share of Property B for want of complete settlement since the earlier settlement although made fraudulently has not been complied with by anybody, thus the Plaintiff has been cheated.
Now in view of the facts stated above this is a case of abuse of process of Law because the Plaintiff has not disclosed to the Gurgaon Court any of the facts stated hereinbefore.
Now in Gurgaon court, we have since filed our written statement along with an application under order 7(11) read with section 151 of CPC stating the above facts. We have filed a certified copy of the Plaint dt 14/9/05 in which the Plaintiff himself admitted that S1 is the owner in possession of Property B. But the Plaintiff comfortably seeking very long adjournments and has not filed any reply to our application under order 7(11).Please tell me the future of these two cases and the application filed under order 7(11) in

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punit jain   28 April 2008 at 16:59

Can claimant ask for relief against herself ?

Request you to suggest on the below query ASAP.



Deceased (son of the insured) travelling as a pillion rider on Motor Cycle, Suddenly at Speedbraker bike got skid causing fatal injuries to pillion rider. The mother of the deceased who herself was the insured of the said vehicle filed a claim petition before MACT Tribunal claiming compensation. She is the only Legal Representative of the deceased and she is impleaded as claimant(petitioner) as well as respondent in the capacity of owner (insured) of the vehicle.



Please give your valuable opinion on the maintainability of the claim petition by the claimant who is also an insured assuming that the pillion rider is also covered under the policy and petition is under section 163 A of the act .

Can claimant ask for relief against herself ?

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k.palani   22 April 2008 at 23:48

geting posion of house property

Sir ,
Iam a sucessfull bidder in a bank Auction conducted under SRFAESI Act and the sale Deed was Registered in my favour by the Bankers.When I approched the present teneant and showed the Sale Dead and reqested him to vacate place.He tells me that he has taken this house on lease for a sum of Rs 3 lakhs( which is not a registerd one).and if the original owner or myself has to give that money to vacate place.The point is that defaulter-tenants original owner has purchsed this property from this peresent tenant through Bank Loan and with in a Fortnight He and Seller that is the present tenant has entered this Lease agreement.No compraomise is reached even befor the local Ealders .Now I have approched the Bankers and requested them to help me out and restore my house. I have also gave them my undertaking to bear the legal expencess in this matter.I took part in this Auction thinking that it is a deemed Govt sale and now I feel I am doomed all my lifetime savings in this venture.
I want to be kindly advised how much time it will take to take possession of the house and at what cost.
Thank you.

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J. P. Shah   18 April 2008 at 22:47

Doctrine of proportionality

What is doctrine of proportionality?

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Member (Account Deleted)   18 April 2008 at 19:39

Civil and Criminal Jail

Dear Experts,

What is a Civil Jail? What is a Criminal Jail?
How are the two related?
How are they different from one another?

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Karthik N   18 April 2008 at 15:52

Stamp duties on issue of shares

Is stamp duties payable at the time of issue of share certificates? Stamp duties would have been paid while incorporating a company or increasing it's share capital. But is it again payable while issue of sahres?

If answer is yes, what rates of duties are applicable in karnataka?

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Karthik N   18 April 2008 at 15:50

Stamp duties on issue of shares

Is stamp duties payable at the time of issue of share certificates? Stamp duties would have been paid while incorporating a company or increasing it's share capital. But is it again payable while issue of sahres?

If answer is yes, what rates of duties are applicable in karnataka?

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Rajaram C Iyer   17 April 2008 at 20:54

Recovery suit

Dear Friends,

Can anyone tell me how the courts will recover money in civil suits from the respondent in cases where there is no property to be attached

Is there any other way out or imprisonment which the courts will impose on the respondent.

Raja

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vinod bansal   16 April 2008 at 21:23

adoption deed

what is fate of unregistered adoption deed,whether adoption deed is a compulsory registrable document.plz enlighten me with reported cases.

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