Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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m.satyanarayana   08 August 2023 at 20:44

Partition suit after preliminary decree

Respected Sirs/Madam

I filed partition suit against my sister who was in occupation of my mother property given to look after since we are living elsewhere. After my mother death she left leaving the property without will or gift. My sister and her husband claimed and contested the suit through fabricated will which Myself challenged in the lower court. my suit was dismissed in the lower court. I filed appeal in high court and high court gave order in my favour and passed preliminary decree allotting half share each with means profit till date of possession of property. My sister filed SLP in the Supreme court which was dismissed. Further revision petition also dismissed and my preliminary decree became final having half share in the property. My sister and her husband are having two sons and three daughters. The partition suit is between me and my sister. Whenever i apply for final decree proceeding they have obstructed by filing one application or other. My sister elder son created a fake Gift Deed in his favour from his father(excluding other childrens of the family) claiming entire property which is registered with sub registrar falsely claiming the property belongs to his father which is inherited through his grand father (unregistered and unprobated will) executed in collusion with his father. Now in encumberance certificate the Gift deed is seen executed by brother-in-law and accepted by his son as donee. In the same way my sister elder daughter also claim through fake unregistered Will with the same property. Both my sister younger son and elder daughter are filing one or other and making my preliminary decree defunct. My brother in law also died recently My advocate died during corona period and i have not engaged any advocate due to financial shortage. Please kindly advice what are the options to me is there any way to execute the partition preliminary decree at the present stage and getting my share. whether my share is affected due to fake gift deed and will in the suit. Whether my share in the partition suit is affected if not objected.

Steve Martin   07 August 2023 at 19:44

Lawyer is demanding too much fee

Hi All,

My mother involved in an accident in 2006. The lawyer took the case and he paid RS 5000 in 2006 for expenses. Now after 17 years, court awarded RS 2,37,000. Lawyers asking 15% from the award and RS 20000 for other expenses and he said he gave RS 7000 for expenses to my mother. All added comes around RS 92000 in fees. Out of awarded 237000, my mother ll get around 150000. Is this normal? I see this as unethical. Not sure what do to do. Any sort of advice is highly appreciated.

Anonymous   07 August 2023 at 13:55

Hello can anyone help me

hello can anyone help me

Anonymous   06 August 2023 at 18:47

Content of document admitted into evidence, hence exhibited

Whether contents of public documents Ordered by Court to be admitted into evidences and hence exhibited is require to prove?
Dear Experts,
1) In anticipation, I am thanking to all experts for giving their valuable time.
2) Appellate Court allowed additional evidences filed by Plaintiff and remanded mater back to Trial Court for taking evidences in that regards.
3) Accordingly, Plaintiff filed those documents to Trial Court. Said documents were obtained under RTI Act from Municipal Corporation and Police.
4) Trial Court on 30.01.2019 has ordered that- “Considering the admission & denial of defendants the documents filed were given Article numbers 1 to 4 instead of exhibits”.
5) Trial Court but afterwards on next date 31.01.2019 again passed 2nd Order that- “In view of findings recorded by Hon’ble Appellate Court, the certified copies of Article 1 to 4 are Public Documents. They are admitted into evidences. Hence exhibited as Exh. 96 to 99”.
6) The said 2nd order dated 31.01.2019 of Trial Court admitting documents into evidence hence exhibiting same is not challenged by Defendants till now.
7) In view of 2nd order dated 31.01.2019 of Trial Court, the Plaintiff also has not proved the contents of said documents.
My Question:
a) Whether Plaintiff, for proving his case, can rely on CONTENTS of said documents without PROVING contents, because the Defendants has not challenged 2nd order of 31.01.2019 specifically passed by Trial Court admitting documents into evidences hence exhibiting same? OR
b) Does the Plaintiff is require to prove CONTENTS of said documents to rely on it for proving his case, even though the Defendants has not challenged 2nd order of 31.01.2019 passed by Trial Court?
c) Kindly provide Citations in support thereof.

Anonymous   05 August 2023 at 23:18

Seeking refund from vimal kumar pandey and sakshi jaiswal

Dear Sir/Madam,

I am seeking legal help to secure a refund from Vimal Kumar Pandey (A/V0152/2019) and Sakshi Jaiswal's legal team allahabad high court due to their unsatisfactory services. I engaged their firm, but my experience was extremely disappointing, and I want to prevent others from facing similar issues.

Key Issues Encountered:

Lack of Skills and Knowledge: Vimal Kumar Pandey's team lacked expertise, leading to delays and frustrations in handling my case.

Inexperienced Junior Team: My case was handed to inexperienced juniors who were unable to handle its complexities.

Poor Value for Fees Paid: Despite high fees, the service provided did not meet basic expectations, leaving me feeling regretful.

Arrogant Attitude: Vimal Kumar Pandey's disrespectful behavior added to my dissatisfaction.

Communication Issues and Withheld Certified Copy: Attempts to communicate with Vimal Kumar Pandey for obtaining a certified copy were futile.

I kindly seek your advice on the legal actions I can take to secure a full refund and potentially transfer my case to a competent lawyer.

Thank you for your guidance in this matter.

Anonymous   05 August 2023 at 23:03

Unresponsive lawyer vimal kumar pandey and sakshi jaiswal's

Dear Sir/Madam,

I am writing to file a formal complaint against Vimal Kumar Pandey (A/V0152/2019) and Sakshi Jaiswal's legal team regarding the services they provided to me. My experience with their firm was nothing short of extremely disappointing, and I wish to bring this matter to your attention so that others can be cautioned and protected from similar unsatisfactory experiences.

The key issues I encountered during my engagement with their legal team are as follows:

Lack of Skills and Knowledge: It was evident that Vimal Kumar Pandey and his team lacked the necessary expertise to handle my case. Their understanding of the subject matter was inadequate, leading to numerous delays, frustrations, and wasted time.

Inexperienced Junior Team: Contrary to my expectations of being represented by experienced professionals, my case was entrusted to an inexperienced team of juniors. Their lack of abilities to handle the complexities of my case was disheartening.

Poor Value for Fees Paid: Despite charging high fees, the level of service and representation I received was far from satisfactory. I had anticipated their services to be worth the cost, but it turned out to be a regrettable waste of my hard-earned money.

Arrogant Attitude of Vimal Kumar Pandey: Throughout the course of my interaction with him, Vimal Kumar Pandey displayed an arrogant attitude, treating me and other clients disrespectfully and showing a lack of consideration.

Communication Issues and Withheld Certified Copy: I repeatedly attempted to contact Vimal Kumar Pandey for obtaining a certified copy of my case, for which I had paid a considerable sum. However, my efforts were in vain as he rarely answered phone calls or emails, making effective communication nearly impossible.

As a result, I am left feeling utterly unsatisfied and regretful of my decision to engage their services. I believe that I am entitled to a refund of the fees paid for a service that did not meet even the basic expectations.

I kindly request your assistance in resolving this matter and obtaining appropriate redressal. Furthermore, I hope that appropriate actions will be taken to prevent others from falling victim to such unprofessional and unsatisfactory legal services.

I have attached relevant documents as evidence supporting my claims. Please feel free to contact me for any additional information required to investigate this complaint.

Thank you for your attention to this matter. I trust that the Consumer Protection Board will take the necessary actions to address my concerns and uphold the rights of consumers.


Shivkumar prajapati   03 August 2023 at 10:38

Reinstatment and all consequential benefits

The Honorable Supreme Court ordered the joining of the petitioner on the post of Scientist ‘B’ is made absolute with the further direction that he will be entitled for continuity of service with all consequential benefits except the back wages for the earlier interregnum period. The question arises institute has not mentioned the seniority of scientists, but they are promoted by assessment in the next grade pay by completion of the residency period. However, my joining in October 2015, whether they called me for assessment or directly promoted me to the next higher grade on the basis of ACR. Fortunately, I am eligible for next to next grade pay how they can be treated ? i.e for two promotions from joining to till date.

Anonymous   02 August 2023 at 20:04

Declaration suit

We had filed suit for declaration and permanent injunction. The suit was allowed and declared plaintiff as owner and provided temporary injunction both in trial and first appeal.
However in the second appeal ,suit was remanded and allowed defendant to prodduce addtional documents subject to pleading. Also allowed plaintiff to lead rebuttal evidence.
However, during the trail after remand and in judgement the burden is again placed on plaintiff for declaration. Is it burden not be placed defendant since suit was remanded for defendant to submit the documents and prove.
Please share any citation on similar mattter

Anonymous   31 July 2023 at 15:32

Power of attorney to operate bank accounts

I am 90 years old. I have bank accounts and demat accounts. In due course when I become weaker I may not be physically able to operate my accounts. Hence I have executed a general power of attorney in favour of my son. Recently I asked my son to go to the bank and ask them how to use the power of attorney to operate my accounts. The bank staff know nothing. They suggest such non-sense as to include my son in my account as a joint account holder to operate the account on either or survivor basis.
I request the advice of knowledgeable experts. Please do not guess.

MANOJ KUMAR MUDASEERIL   30 July 2023 at 16:18

Undivided share of land

I recently bought a shop in a commercial complex. Am i eligible for undivided share of land though the deed not states it clearly as the building id old.?