Adityakumar Jain
23 May 2023 at 19:47
Dear Experts,
Disputant in-person has filed dispute, against Co-op. Hsg. Society (Opponent no.1) and its committee members. Because its Secretary (Opponent no.2) during his tenure as Secretary in conspiracy and collusion with other committee members had illegally prepared fraudulent documents and allotted to himself development rights to construct additional floors above existing old building of Society. By this way the legal rights of Disputant of having flat of additional area is also grabbed and his signature is also forged.
On the bases of said fraudulent documents, the Secretary (Opponent no.2) constructed additional floors.
The dispute was filed before 16 years in 2007 by Disputant. And challenged therein fraudulent documents prepared by Secretary (Opponent no.2), sought its declaration of illegality. The additional floors illegally constructed on the bases of fraudulent documents is also challenged and sought for its demolition.
Disputant appearing in-person encountered with Cardiac problem, was hospitalized, could not appear afterward in matter. Dispute was arbitrarily dismissed by trial Court ex-partie, without giving to disputant an opportunity to file written argument.
Appeal filed against same is pending in Appellate Court.
The Opponent no.2 Secretary, because of his fiduciary relationship as being Secretary, S-111 of Evidence act and S-16 of Contract act have mandatory burden of proof to prove that during his tenure as Secretary he has not committed any illegalities and fraud in allotting development right to himself. He also has to prove that the documents through which he obtained development rights are legal and genuine.
But Secretary (Opponent no.2) is not at all in a position to file his evidence, enter into witness box and prove his case in Dispute. If he fails to prove his case, then- (a) document through which he allotted development rights to himself will become illegal, null & void; (b) additional floors constructed on the bases of said documents also become illegal, null & void and liable to demolish; (c) evidences given by him can be used against him in Criminal Case against him which can easily lead to his conviction; (d) Disputant will get their legal right and have a newly constructed flat of additional area, as per policy of BMC.
Regarding forgery of Disputant’s signature, Police complaint filed – Police obtain opinion of hand writing expert – Forgery of signature confirmed – Charge-Sheet filed and it is pending.
Therefore, now the Secretary (Opponent no.2) and committee members are trying to hatch another conspiracy before dispute and appeal filed by Disputant is decided. i.e. they come with proposal to demolish whole building (old existing plus additional floors illegally constructed above it) and to do re-development by appointing some builder.
Now the question:-
(a) When the additional floors is under challenge and matter is sub-judice, is it permissible and legal to demolish same?
(b) To stop Opponents from demolition of building before dispute and appeal filed by Disputant is decided, what steps require to take to restrain demolition, whether (i) to file a new application before appellate Court in pending appeal, or (ii) to file a Writ Petition before Hon’ble High Court?
(c) To appoint a builder and transfer the whole property to him for re-development is hit by S-52 of Transfer of Property Act? Can Disputant take help of said provision?
(d) Please provide citations in this regard, if possible?
Thanking all respected experts.
AK Jain.
Anonymous
22 May 2023 at 16:52
Dear experts,
I rented my vehicle to someone for their everyday use under a three-year contract. The agreement stated that the person using the vehicle would be responsible for any damages that occurred. Unfortunately, the vehicle was involved in an accident, and I need to know if I can enforce the contract to claim damages. The contract was signed on paper with two witnesses, but it was not notarized. Will the contract hold up in court to prove ownership and claim damages?
Amy Teem
22 May 2023 at 05:52
It will amaze you to know that everything so many people have been testifying about DR AZ is nothing but the truth. My husband left me and my kids because we had so many fights and arguments. His people were also against my marriage with him. I loved him so much and had great hope that we will build a bright future together. I waited for 6 months and he never returned back to me. So i had to contact DR AZ after reading a whole lot about him and i believed he can help me and he did everything in his power to reunite us and restore the love and happiness we once shared. He returned back home to us after 48 hours just as DR AZ assured me. You too can get this great help and live to be grateful to him because he never disappoints anyone. contact Him email: mightylovespell@ gmail. com
kunhi marakkar
19 May 2023 at 11:30
An agreement was written on stamp paper in 2020 with a party to settle a transaction monthly instalment for 15 years.Does this agreement need to be renewed every three years?As it is a 15 year agreement is this agreement valid for 15 years?
Ayan
18 May 2023 at 16:55
A person (A) got around 100 Bight property from his father by a partition deed in 1953.
The person died in 1972 (A) leaving behind 1 son(B) and 5 daughter (C).
The son(B) sell, gift all the 100 bight between 1980 to 2006 hiding the fact he have 5 daughter.
Some property have been re- transferred.
I am son of one of the daughter , I want to claim my grand father(A) property.
I have filed case in District court, Now the son(B) has procured a will which was registered in 1962
and showing some signature that all 5 daughter has stated "no demand".The daughter signature was
made at home not in registry office.The will was not probated.The property is in west Bengal.Nither the will
verified by any government authority.
My question is
1)In west Bengal , unprotected registers will is considerable in court ?
2)My grandmother signature is mismatching in my and family member eyes , can we take step if the signature
is false ?
3)Can a person transfer a property without probate of will in west Bengal ?
4)Ancestral property can be willed to son only while there is 5 daughter ?
Anonymous
16 May 2023 at 22:16
I have entered into unregistered sale agreement for the value of 65lakhs asset and 20 lakhs paid as advance to them through bank. The property is ancestral property and the sale agreement is that they have to enter into partition and then i need to pay balance amount during on sale deed registration. For them its took 1.6 year complete the partition through court. Now due to price hike they are not coming forward and they are try to sell the property to third party as they are telling its is unregistered agreement.
Advocate hamza
16 May 2023 at 20:34
Can a court when execution is been running from one year , court may set aside decree during the execution?
prabir
15 May 2023 at 22:25
If a misc case not filed in filing court but directly started in lower-is that valid?
Anonymous
12 May 2023 at 11:19
Sir ! Is it possible to prove a secondary evidence of a private document without comparing ever with original.. and getting a favourable judgement too..? If the answer is yes then any rulings in favour of it..?
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Successors coverage legal position
Sushila Has a rental accommodation
Her successors are Anil+ 4 sisters+1 brother when suit was filled
Anil+Famiy sisters Successors
ofexpired sister[s brothers Successors
Of EXPIRED brother
Earlier_all 4 *1 Sister has 2 sons +1daughter & 1 sister has no successors Eexpired *1 -daughter
Now ANIL 2 *2 sons +1daughter, covered in suit
Now ANIL 2- *3 successors of sister 0 *1 -daughter
PROBABLE COVERABLE
Likely to be brought 1 SISTER HAS A RETIRTED SON
1 SISTER HAS 3 DAUGHTERS
forcingly
Land lord filed suit in 1983 , for eviction & pending & pending in Kalyan court
All are staying away except Anil with his family.Sushila died in 2005
All are personally ready & willing to give(NOC)rights in tenement They wish honestly to transfer said accommodation in the name of Anil Anil does not have any other accommodation in his name any where
All members are +75 physically incapacitated to appearing Court
No sooner any one expires landlord tries to involve successors in this suit under clutch of law. He is trying to harsh & not ready to give consent for change of name in Anil's name
Whitest no one is ready successors also brought in the suit forcefully
This is illegal and unlawful.This will just contuse …?
Suggest,remedy to stop this visions predicative to get out of this
Suit was in process since 1983 till 1992-Decided on 19-06-1992 HC
dismissed WP filled by landlord. Lord committed contempt of court
Contunied to refuse rent till 2008
After16 years gap 0n 27-08-2008 landlord filed a suit against Sushila & he successors for eviction.
In this process the Factor for change of name was overlooked
Now its very trouble some to bear
If this is contented it has very serious & unavoidable repurcations on the part of decedent Plesea suggest furthe couser of Actio n
A A Ghaisas