balaji n
23 July 2022 at 17:51
Hi experts,
Please give clarity whether we can approach a court for sale deed which happened in 1990 for which we recently came to know we have been cheated. Below are the facts :
Property Belonged to a person named X, his legal heirs 3 kids, namely A,B,C.
X,A(wife and kids alive),B(leaving behind wife and only daughter) expired before 1980s leaving behind their next gen. C was alive till 2010.
B's wife died in 1970 hence B's daughter(only legal heir, grew up in her maternal grand parents home)
Family property which was subject to three equal share(3 legal heirs namely A(SON) B(SON) C(DAUGHTER) was mortgaged(in 1987,entirely 1.05acres to be specific) by A's family alone without the knowledge of B AND C FAMILY, both family residing at a different place. Not in same place where the suit property is located(approx 70 km away).
Then A's family couldnt repay the loan and when lender was giving pressure to pay and amount with interest or transfer rights for the amount to be paid(Principal and interest), A's family members arranged to transfer the right through a sale deed but never informed B FAMILY and C FAMILY about plan.
Once A's family arranged all procedure for registration they called upon B's daughter(only legal heir to B) for conducting a baby shower function(B was 7 months pregnant at that time). After the function they informed B's daughter that they are going to sell a family property and it requires her signature and appearance before registrar. She obliged to it and signed the documents and she was given Rs.15000 as her share allegedly stating it as equal half. And when she asked why C family(aunt) not present she was told that X has made a will that the properties to be shared only between his two sons and not daughter.
B's daughter was never told about the mortgage transaction which happened in 1987 and the buyer(mortgage lender) actually paid only the balance amount (actual deal between A' family and lender, value determined at different price since they already received a sizable amount during the mortgage and after which interests have piled upon and only balance remaining out of original amount was Rs.15,000(it seems) it was paid to B's daughter stating it is for her share in the property.
Believing this she came back to her husband's place and continued her normal life. In 1991(one year after alleged sale deed) when C came to know about this sale again A's family and lender settled some amount to compromise her since she threatened to file a civil suit.
Right from the beginning the intention of A's family is to cheat the B and C family for their share in the property.
This(mortgage transaction) came to light very recently when there happened a argument between A's family and B's family. After which B's family applied for EC for sold property and realized they were cheated by suppressing the fact that the mortgage(1987) had happened over that property and amount settled on the date of sale(1990) was just a balance amount(left over) of a higher amount(actual property value in 1990 is said to be around 90,000). Since through mortgage A's family already got substantial amount plus interests accrued there upon the balance amount was settled by lender on the date of sale which was shared between A's family and B's family(B's daughter not knowing the fact that the amount is just a balance after deducting principal and interests from the original value of the property). This fact was suppressed with intention to cheat B's daughter, also she was informed that there is a will stating that the property is only for the sons of X and not daughter(C), this was also a willful misguidance to cheat B and C family.
Please advice if a suit can be initiated by B's family to cancel the alleged sale deed(in 1990), sale deed being executed by fraud(paid only remaining amount after deducting mortgage amount plus interests accrued on principal) and misrepresentation(suppressing the mortgage transaction, sale happened only because the lender is pressurizing A's family to either settle the amount with interest or transfer ownership rights of the property) and should be knocked off as void.
Additional Information:
A's family are habitual fraudsters, they sold(in 1986) another family property without knowledge of B's family and B initiated a civil suit for that property in 2017 and won in 2020.
Thanks in advance for all your valuable advices and guidance.
Dinesh
23 July 2022 at 08:30
Sir,
Mere jija ji 2 bhai the, Dusre bhai ke 2 bete hai, and mere jija ki pass 1 beti. Jija ne suscite kar lia tha 2011 mai. And meri sister abhi mai susral mai rahti hai and apne saas sasur ki seva karti hai. Sasur ne apne dono poto ke naam saari chal and achal sampatti ki wasiyat 2012 mai kar di thi. uski koi jankari nahi thi. Ab sasur ke mirtue ho gai and dusre bete ke potos ne wasiyat par daba kar dia. Meri sister ko kuch bhi nahi dia. Meri sister or uski nabalik ladki sasur par dependent the. Ab hum kya kanuni karbahi kare jisse uski jeevan yapan ke liye kuch mil sake. Usko uske ghar se bhi nikal rahe hai. Bo log thode dabang hai. Jija ki maut par meri sister ne koi bhi action nahi lia tha kyonki unloge ne bahut dhamka dia tha. Kya bo case open ho sakta hai. Kripya karke marg darsan kare.

Anonymous
22 July 2022 at 22:36
The store sold expired / best before consumables eatable item. Can consumer Case applicable.
Ayan
22 July 2022 at 12:59
A Person had a property of 180 Bigha.
He got all property from his father by partition deed in 1953.
He died in 1970.He has 1 son and 5 daughter.
His son create a false warison certificate that he is only warish and have no daughter.
Son sold the all land from 1980 to 2004 without informing daughter.
This all was paddy field , recently notice Building , hospital , college on that land.
When we appear there , we came to know that the land was sold by son as only warison.
Again we move to panchayat , panchayat issue warison certificate (1 son+5 daughter) in 2021.
The property is in west bengal.
My question is that
1)Can daughter have right over the father property before 2005 ?
2)Can daughter's son challange the deed and claim his portion ?
3)Can daughter's son ask market value of land of his portion ?
4)Before 2005 , son was only warish of his father property ?
5)In Hindu Suceession act 1956 , daughter was entitled to get father property ?
I am Ayan Banerjee, daughter's son
basavaraj shiromani
20 July 2022 at 12:07
Sir/s, The suit filed by the Plaintiff came to be decreed in the trial court. in fact, the said suit was filed through PA holder of the Plaintiff. The aggrieved defendant after lapse of 6 years he prefers an appeal against the PA holder of the Plaintiff. Whether the appeal is maintainable against the PA holder of the Plaintiff/Respondent ?
S Bandla
19 July 2022 at 22:12
Sir,
My wife file TRCMP at high court, amaravathi from Guntur family court where the case has been running from 18 months and loadalat counselling report also has been submtted and about to open proceeedings and now my wife file TRCMP at high court and i received a letter of acknowledgement from her lawyer .
can i avoid this TRCMP proceedings as i have to appoint another advocate than my existing city advocate and also expensive ,i mean to stop TRCMP ?
Please suggest.
Thanks
Deeksha nayyer
19 July 2022 at 16:40
Hi Experts,
My Maternal grandfather (NANA) has ancestral properties ( Agricultural Land ) in his name. He got his properties from his great grandfathers.
My Maternal grandfather has 2 children ( My Mom and my mama).
My Mama is a goon and he always creates pressure on my Nana to not give anything to my Mother.
2 years back, My Maternal grandfather had made a registered will and wrote that after his demise all the properties ( Including ancestral property) shall be transferred to my Mama.
He excluded my mother from that will.
When my mother asked about the will, he told my mom that he has written that will due to the pressure of Mama, because he is a goon and dangerous.
My Questions are :
1. Is it legal for my Nana to make a will of ancestral land.
2. Will it be admissible in court after the demise of Nanaji during probate?
What to do, if my mother wants to take her share and Nana has already made a registered will?

Anonymous
18 July 2022 at 18:51
One big tree of my neighbor is coming over my garage adjacent to boundary wall. Leafs, branches etc are falling over my steel sheet roof of my garage & cause trouble.
In spite of repeated requests my neighbor refused to cut branches of the tree.
His non-coperation causes early depreciation & damage of my roof sheet.
He is not agree to solve the problem.
What should I do ?

Anonymous
17 July 2022 at 16:40
I have complain before CPCR ( commission for protection of child) because my child is consealed by my wife & her new partner to an unknown place.
CPCR has made a complain before Commissioner of Police and requested to submit a report.
But police did not contacted with me even after passing of one month.
What should I do ?

Anonymous
16 July 2022 at 19:09
My friend has a plot. The said plot was occupied by his tightener 5 years back. He made a complaint in the year 2019 for criminal trespass. The said complaint was not further pursued. Now he has constructed double stored building on that. Now what i have to do. plz. suggest. Shall I sent a Legal Notice through a Lawyer.
Sale deed obtained by fraud and misrepresentation
Hi experts,
Please give clarity whether we can approach a court for sale deed which happened in 1990 for which we recently came to know we have been cheated. Below are the facts :
Property Belonged to a person named X, his legal heirs 3 kids, namely A,B,C.
X,A(wife and kids alive),B(leaving behind wife and only daughter) expired before 1980s leaving behind their next gen. C was alive till 2010.
B's wife died in 1970 hence B's daughter(only legal heir, grew up in her maternal grand parents home)
Family property which was subject to three equal share(3 legal heirs namely A(SON) B(SON) C(DAUGHTER) was mortgaged(in 1987,entirely 1.05acres to be specific) by A's family alone without the knowledge of B AND C FAMILY, both family residing at a different place. Not in same place where the suit property is located(approx 70 km away).
Then A's family couldnt repay the loan and when lender was giving pressure to pay and amount with interest or transfer rights for the amount to be paid(Principal and interest), A's family members arranged to transfer the right through a sale deed but never informed B FAMILY and C FAMILY about plan.
Once A's family arranged all procedure for registration they called upon B's daughter(only legal heir to B) for conducting a baby shower function(B was 7 months pregnant at that time). After the function they informed B's daughter that they are going to sell a family property and it requires her signature and appearance before registrar. She obliged to it and signed the documents and she was given Rs.15000 as her share allegedly stating it as equal half. And when she asked why C family(aunt) not present she was told that X has made a will that the properties to be shared only between his two sons and not daughter.
B's daughter was never told about the mortgage transaction which happened in 1987 and the buyer(mortgage lender) actually paid only the balance amount (actual deal between A' family and lender, value determined at different price since they already received a sizable amount during the mortgage and after which interests have piled upon and only balance remaining out of original amount was Rs.15,000(it seems) it was paid to B's daughter stating it is for her share in the property.
Believing this she came back to her husband's place and continued her normal life. In 1991(one year after alleged sale deed) when C came to know about this sale again A's family and lender settled some amount to compromise her since she threatened to file a civil suit.
Right from the beginning the intention of A's family is to cheat the B and C family for their share in the property.
This(mortgage transaction) came to light very recently when there happened a argument between A's family and B's family. After which B's family applied for EC for sold property and realized they were cheated by suppressing the fact that the mortgage(1987) had happened over that property and amount settled on the date of sale(1990) was just a balance amount(left over) of a higher amount(actual property value in 1990 is said to be around 90,000). Since through mortgage A's family already got substantial amount plus interests accrued there upon the balance amount was settled by lender on the date of sale which was shared between A's family and B's family(B's daughter not knowing the fact that the amount is just a balance after deducting principal and interests from the original value of the property). This fact was suppressed with intention to cheat B's daughter, also she was informed that there is a will stating that the property is only for the sons of X and not daughter(C), this was also a willful misguidance to cheat B and C family.
Please advice if a suit can be initiated by B's family to cancel the alleged sale deed(in 1990), sale deed being executed by fraud(paid only remaining amount after deducting mortgage amount plus interests accrued on principal) and misrepresentation(suppressing the mortgage transaction, sale happened only because the lender is pressurizing A's family to either settle the amount with interest or transfer ownership rights of the property) and should be knocked off as void.
Additional Information:
A's family are habitual fraudsters, they sold(in 1986) another family property without knowledge of B's family and B initiated a civil suit for that property in 2017 and won in 2020.
Thanks in advance for all your valuable advices and guidance.