Anonymous
27 May 2018 at 10:30
IN 1988, My uncle planned to buy property for Rs 56000 and he paid Rs 39000 and rest of the amount he couldn't pay
but in the agreement document , the owner clearly written that he will regester the property as and when my uncle completes the payment with 2 rupees interest for Rs100 per every month. Now owner is not ready to stand by this agreemnt , can we cahallenge this agreement in the court?
Note : agreeement written on the stamp papers
thx
Vijay
jitendra manglani
26 May 2018 at 22:46
Please let me know In which Act/Code can I find the definition of words INVEST & LOAN. Any particular citation OF Supreme Court on the point that "lending money to one, comes within the definition of INVEST.
Partha Roy
26 May 2018 at 11:41
Who is taking over as President of NCDRC after Justice D.K.Jain steps down on 30/06/2018? Is it likely to be Justice R.K Agarwal?
Anonymous
26 May 2018 at 04:05
My surname is Yadav and it comes under OBC category in UP and in Center. I have been living in Mumbai from my childhood for past 26 years. I have my birth certificate from Uttar Pradesh but all other documents are from Mumbai as a Permanent residential. I have domicile of Maharashtra. I have a property and residence in UP but my family is living in Mumbai permanently. As no one in my family have caste certificate so till now I have applied everywhere as unreserved candidate. Now I want to make caste certificate.
Please let me know if I make my caste certificate from UP will it be any problem considering all my goverment IDs have Mumbai's address . Also my caste comes under obc in center so is it possible to get a caste certificate directly in central format.
stanjani3#
25 May 2018 at 20:01
we have a land of 80 cent mro gave enjoyment certificate to people who construct the building in 80 cents
Recently we find the papers of that 80 cents Can we sell that 80 cents to another person..??
Anonymous
25 May 2018 at 09:00
I want to ask a question my earlier passport contain the date of birth 29.04.1995 and now I my date of birth exactly is 29.04.1996
As it is per rule and my other certificate. Can any body suggest something about it. Actually I was 3 years old when my passport was issued and now it has been lost. I have logged an FIR accordingly. But date of birth is still a issue. Can u suggest something?
Nitesh
24 May 2018 at 21:26
Any case law citing that examination in chief affidavit of all witnesses need to be submitted in court at one time.
stanjani3#
24 May 2018 at 19:24
How to apply agricultural passbook court judgement???
we have judgement copy of court using that judgement copy how to apply passbook for agricultural land
Rahul
24 May 2018 at 03:08
A boy, 27 years of age who lost his father at the age of 17. His name is Rahul ,running a business,he needed some money to invest ,so he decided to take loan against property, for the same he went to Punjab National bank branch located near his office with some documents.As he entered the bank he saw his uncle whose name is mr. Mangla (plaintiff)(rare family friend)mr mangla invited Rahul �for a cup of tea in the evening with photocopy documents to discuss the loan procedure. On the same evening Rahul went to mr Mangla home with documents. As they both started talking mr. Mangla took his Papers and assured Rahul that he will help him in getting a quick loan.After 2 days Mr. Mangla said �I tried my level best but it will take atleast 45 days to sanction loan that too not guaranteed.but you are like my son I will help you out on this and I will give you loan of rs 1000000(ten lakh) at bank rate of interest. Without any delay. Mr mangla said Beta I am doing this because last night your father came in my dream and request me to help you�. In next 2 minutes mr. Mangla bring some blank papers and told rahul to sign that papers just for formality. And he puts bag of rs ten lac on the same moment in front of rahul As Rahul was in desperation of money he couldn�t doubt mr Mangla intention so rahul signed the papers,Mr mangla obtain passport size photo of Rahul. after 3-4 months rahul received a notice from the court � Which stated that rahul sold �his property to mr. Mangla and to Mangla�s wife at rs 50,00,000(fifty lac) and now Rahul is not going to court to transfer or to register the property.
Rahul tried to contact mr. Mangla several time. But mr. Mangla avoid talking to him. Then Rahul went police station for that and asked them to help him but police officers said that this is now the matter of court so they can not help rahul out on this. Police gave Rahul confidence to fight this case with truth and loyalty. Then Rahul hires a lawyer for the case..
Rahul�s lawyer demands the agreement copy from mr Mangla lawyer on the behalf of which mr. Mangla filed the case.�
The agreement is typed on only 20rs stamp paper which was signed blanked by Rahul. TWENTY RUPEES PAPER. WHICH WAS NOT EVEN A REGISTERED AGREEMENT. And second paper which was signed blanked by Rahul now transformed into the receipt of cash.
PLAINTIFF STATEMENT IS.-
i purchased rahul's shop on joint name of my and my wife . Rahul himself made this agreement from court. As the agreement completely typed Rahul called me that sir agreement is in my hand now come and give me money. Then I with my wife my real brother and my colleague went to court and gave rs 50 lac in cash. Whose witness is my brother and my colleague.
Facts of AGREEMENT
a) � The agreement typed on 20 rs stamp paper
�b) There is very blank space left in the agreement.�
C) agreement is not registered
Question raised on agreement
A)Why a human buy 20 rs stamp paper to buy a property.
B)Why anyone will leave any space in agreement�
C) why he doesn�t go for a registered agreement instead of an unregistered agreement????
Logical answers-
Ans A) IF THE STAMP PAPER� WILL BE OF MORE AMOUNT STAMP PAPER,THERE WOULD BE SOME POSSIBILITY THAT RAHUL COULD DENIED SIGNING THAT PAPER....
And B) THE WHOLE AGREEMENT IS FORGED, THEY LEFT THIS SPACE IF TO MAKE ANY KIND OF SUGGESTIBLE CHANGES BY LAWYER BEFORE FILING THE CASE......
Ans c) TO MAKE A REGISTER AGREEMENT THE BOTH PURCHASER AND SELLER NEEDS TO BE PRESENTED IN FRONT OF REGISTRAR AND BOTH HAVE TO FOLLOW THE PROCEDURE FOR THE SAME. BUT THAT IS NOT POSSIBLE IN FRAUD CASE......
FACT OF Receipt -
First of all let me give you a shock....
mr mangla said he made full and final payment IN ONE SHOT by CASH....
A) DATE OF RECEIPT and date of agreement is not same. But plaintiff said he gave rahul full payment on the same day when agreement is signed.
B) why there is a single receipt of such a huge amount of rs fifty lac....
C)WHY A MAN WHO IS WORKING IN BANK DOESNT MAKE EVEN A SINGLE RUPEE PAYMENT THROUGH BANK....
LOGICAL ANSWERS OF RECEIPT
A)THIS IS WHAT HAPPENED HERE. HERE MR. MANGLA GOT CONFUSED IN DATE THE AGREEMENT DATE AND DATE OF RECEIPT ARE DIFFERENT FROM EACH OTHER. MAY BE SOME CHANGE OF PLAN AT THE END TIME�....
B) ITS JUST BECAUSE ITS NOT POSSIBLE TO TAKE SIGNATURE OF RAHUL ON BLANK PAPER AGAIN AND AGAIN....
C) AS MR.MANGLA SIGNED BLANK PAPERS FROM RAHUL, THIS IS THE ONLY MODE OF PAYMENT WHICH CAN'T� BE
JUSTIFY.. MR.MANGLA SAID THAT HE GAVE CASH PAYMENT OF FIFTY LAC IN CASH. THATS IT.....
according to mr. mangle he got two eye witness of the deal...mr MANGLA FIRST WITNESS NAME IS PRAMOD KUMAR,�
PRAMOD KUMAR IS REAL BROTHER OF MR. MANGLA....MR.MANGLA WITNESS NO2-IS JAGDISH BHADANA�
MR.BHADANA IS� COLLEAGUE OF MR.MANGLA....
In a case of R.V.E VENKATACHALAM VS B.A DEVANESON. On 27-January 2015. The judge of the case clearly said
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLAINTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMINE THE WITNESS SIGNED IN THE SALE AGREEMENT.
Cross examination of plaintiff
LOOPHOLE ANSWERS OF MR. MANGLA
Rahul lawyer- did you gave money to Rahul on interest?
Mr. mangla - no
lawyer- for what purpose you gave money to my client Rahul�
Mr. mangla - I purchased his shop
lawyer - for how much
Mr. mangla. � �- �rs fifty lac
lawyer- rs fifty lac.�
Mr. mangla. � - �yes
lawyer- what business you do
Mr. mangla. � � �I am an employee in pnb bank.�
lawyers - employee of pnb bank and you purchased property of 50 lac.�
Mr. mangla. � � �- �yes
lawyer- is your children�s married
Mr. mangla. � �- no. My only one daughter is married
I have one more daughter and a son. Need to be married�
lawyer- you need to marry your daughter and son and you work in an government bank still you managed to buy the property
Mr mangla- �yes
Rahul lawyer- can you show this court your bank statement of the same transaction as a proof
Mr. mangla. - �NO
lawyer- why
Mr mangla- because I paid cash
lawyer- shocked. 50 lac rs in cash.�
Mr mangla. � �- yes.�
lawyer- �with whom you collected 50 lac cash
Mr. mangla- money was�lying at my home
lawyer- in how many installment you gave fifty lac rupees cash to rahul
Mr. mangla- that�s a one time payment.�
one time because you can not get blanked paper signed again and again)�
lawyer- where yo paid 50 lac rs cash
Mr. mangla - court
lawyer- so according to you. You took bag of fifty lac rs,you reached court, which is heavily crowded place and you handed over to rahul????
Mr. mangla - EXACTLY�
lawyer- how many balance payment you
Need to give mr Rahul for the property�
Mr. mangla- not a single rs more.�
lawyer- you paid whole amount in one short?
Mr mangla. � - yes
lawyer- if you paid whole amount then why you go for an unregistered agreement to sale instead of doing final registration.�
Mr. mangla - because Rahul told me that registers of the area is closed by the government as it will get open I will do the registery.�
lawyer- but registery is never closed by government of the area
Mr. mangla- �I don�t know
lawyer- mr. mangla how you don�t know your work place and Rahul shop are in same area
Mr. mangla - �I don�t know
lawyer- when Rahul said that registery is closed of the area you must asked some people�s to cross check Rahul. Can you tell some of the names so I can cross them????
Mr. mangla- no, I didn�t asked anybody�
lawyer- as you are a middle class service man, u must be very specific with the deal so with how many property dealers �you �consulted with ? Can they come for cross?
Mr. mangla - no I didn�t consulted with any one.�
lawyer- what was the collector rate of the land at the time you purchased.�
Mr. mangla - �I don�t know rate
lawyer- what is the size of the shop you purchased?
Mr. mangla - I don�t know the size.�
CROSS EXAMINATION OF MR. MANGLA WITNESS NO-1
Rahul lawyer- your name
Witness- Pramod kumar
Rahul lawyer- how you know mr. mangla
Witness- He is my real brother
Rahul lawyer - did you signed agreement as a witness?
Witness- yes
Rahul lawyer- can you brief me
Witness- yes, I along with mr. mangla his wife and mr Jagdish bhadana went to the court.
Rahul was already there. And we went to the typist and typed whole agreement. And after signing the agreement Then my brother gave rs to Rahul.
Rahul lawyer- are you sure this agreement is typed in front of you. Think. Take your time.
Witness- I am very much sure Whole agreement typed in front of me.
Rahul lawyer- how come your brother got so much rs to purchase land
Witness- I have no idea about that.
Here witness saying that whole agreement was prepared by mr Mangla in front of his eyes. But plaintiff statement was � he was not present at the time of making the agreement. its Rahul who typed the whole agreement �
One more important point is if Rahul intention was not right then he could easily ask any of his friend to make a duplicate sign. So he can easily straight forward deny the signature.
Cross examination of witness no 2.
lawyer- do you signed the agreement
Mr. bhadana- yes
lawyer- did you signed the agreement in front of Rahul
Mr. bhadana- no.
lawyer- so why you signed as a witness on the agreement?
Mr. bhadana- because mr. mangla told me that he gave some money to Rahul on interest so just for the formality he wants my signature. As he was my senior and my friend that why I signed the agreement.
lawyer- then why you didn�t appear in court
Mr. bhadana- because first of all now he is not my superior as I took retirement from bank and secondly I can�t lie by taking swear of god. And defendant is younger than my son. I have to face god one day.
Rahul called a valuer
Mr. Rakesh Bhatia. - he is government approved valuer. Who investigate the property and give the value of property according to collectors rate and gave property price in written.
According to mr. Bhatia. The said property is in the name of Rahul. He got the possession and the value of property at the time of said agreement is worth of 2,15,00,000( TOW CRORE FIFTEEN LAC) RUPEES.
It�s like you purchased a mobile phone from the mobile store worth rs 50,000.
And you pay 50,000rs on the spot and
After receiving the full amount then mobile
Store owner says that� I have mobile with me and even you paid me full amount of mobile but I can�t give you two things right now. And that two things are neither I will give you bill and most importantly I will not give you mobile phone as well. First I will use this mobile for 3-4 months then I will give you.�
IS IT POSSIBLE?????????
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Eviction of shop
Sir, My grandparents had given a shop on rent 60 years back. I am retd now. Can I evict the present owner. My grandfather had five sons four are no more only one is alive. pl. suggest and guide.
Regards