Singh
24 January 2014 at 12:10
Hello all,
my father has died leaving behind 3 sons(A,b,c) and one daughter(d).the 2 sons(b,c) and 1 daughter has relinquished their 1/5 share each in favour of the mother by registered requilnshment deed in year 1991 and on the basis of this RD mother became the owner of 4/5 share and 1/5 in the name of son(A) who has not relinquished.Mother further gifted her 4/5 share in favour of (B) vide gift deed in the year 2000 and son A has filed a case for posseession of his 1/5 th share.The point is we need to prove the RD and GD in the favour of Mother and subsequently in the favour of son (B).Both documents are duly registered with Sub Reg. delhi however those docs. have only 1 witness each and they are not willing to depose in court regarding the execution of Docs.If we summon those witness then they may dispose against B that they have not signed as witnness or they may not come even after summoned by court .So My question is in these circumstances how we could prove the authenticity of RD and GD as the fact is both docs are duly registered with SR, Delhi and signed by the parties.However now one of the son (C) is challenging that RD and GD and saying he has not signed RD and Gift deed also not executed by mother in favour of B.If we summon Sub Reg and get it proved than what are the chances that we are able to prove execution of RD and GD.Please suggest the way and procedure to prove the docs.I am expecting a detailed reply from you experts so that we can summon the witness and able to prove the docs.
Thanks
Kimaya Singh
24 January 2014 at 11:51
Can the subject matter of two different trusts be the same?
naresh
24 January 2014 at 00:10
my father was a society chairman the fraud of some money was done by secretary,the civil case was filed against my father. now my father is dead then what about the case against him? How do i recover the property books which are in the court,please help me out.. please sir the whole family will be on roads help me out
sk..........
23 January 2014 at 19:33
when there is small dispute neighbour threatens and uses abusive words.
pl. suggest what legal action i can take.
1- should i file criminal case.
Anil Verma
23 January 2014 at 19:12
In the year 2012 my daughter-in-law committed suicide leaving behind a minor girl aged 2 years and my son who was facing trial under section 306 of IPC convicted for sentence by Sessions Court. An appeal is filed in the high court, against the said Judgement. At the time of incident parents of my daughter-in-law took away my grand daughter assuring us that they will return her back after few days. My wife, looking to the circumstances and soreness condition of mother of my daughter-in-law, handed over the minor girl (my grand daughter) to them. But since lapse of two years, the parents of my daughter-in-law, neither sent back to my grand daughter nor they allowed us even to meet her. Since the trial was running against my son, as per advice of our lawyer, we have also not raised the issue before any competent authority. My wife, who took every possible care of my grand daughter, every day, while my daughter in law remains out of home for his job and was very emotionally attached to my grand daughter, is now being mentally perturbed and very much desperate and wish to meet and get her back. We have made enquiries with one of the local lawyer, who in turn adviced us that because of conviction of my son it would not be possible to take custody of minor child. Whether is it possible for us (being grand father and grand mother of the child) to file a case for getting custody of minor child. If it is not possible, whether there is possibilities under law to meet the grand daughter on periodic intervals.
abhishek asirvatham
23 January 2014 at 15:41
hi sir
my uncle stayed in a corporation house.and then he gave that house and borrowed a sum of rs 200000.as a debt they dint write any documen.but they just wrote in a document that he has borrowed a sum of amount as a debt so he gave it like a leese for two years .after that he had some problems so he was not able to recover it .and that person also stayed there for more than two year for about five years .but now when weask for our home he is not giving it he says that he needs 800000 for that home .but the house is in my uncles name ,even the ration card and eb bill are in my uncles name.and he also threatens us that he would sue us to tthe court .and the document that he has also declarehe house has t that to be returned after giving the amount of 200000.what should we do now to save our house
kumar
23 January 2014 at 15:17
Is it good idea to give a public notice advertisement even if it is a self acquired.
How will this procedure safe guard the interest of purchaser.
If the purchaser is buying the property through a natiionalised bank loan, is the advertisement essential?
Please do advice me. Appriciate your great help.
Member (Account Deleted)
23 January 2014 at 07:18
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Disspossesion from premises without following law
Defendant withdraw plaintiff in june 2007 forcibly from premise in which we had share and after expelling us we had file complaint under section 145 of crpc to get possession .This premises belongs to Mhada. in 2008 april when case under 145 was pending in court mhada in collusion with defendant and local police station in spite of knowing that case under 145 pending against this premises treansfer this premises on the name of third person. after that in may 2008 we withdraw complaint under section 145 and file civil suit but this suit was not filed properly. MHADA ,third party, police station had not made party to the suit and this suit had enormous mistake. in short even the address of premises was not written properly. then lawyer how made this mistakes that god knows.plaintiff was illiterate and could not understand all this. in this court allow chamber summon to add third person as party but plaintiff could not do that did not add third party as paty to the suit due to the lack of legal service because plaintiff was poor. thereafte through legal aid in 2012 june plaintiff withdraw this suit with the permission of the court to file fresh suit on the same cause of action
without adding third party to the suit .after that again plaintiff due to non provision of advocate to the plaintiff by legal aid palintiff could not file suit till yet now plaintiff trying to file fresh suit with the help of private lawyer. add mhada and police housing society and othe person whom he had not added as party in earlier suit.
to file new suit to whom plaintiff is required to give prior notice ?
If plaintiff wants to add police station as party also to the state government and mahada,third party, housing society,chairman and secretary of housing society.
plainitiff know that to add state government as paty notice under section 80 is reuired but this notice to add state government as party to whom is to be sent.
Is any notice need to be sent to police station as party also to mhada,third party, housing society,chairman and secretary of housing society and how and under which section and for how many days ?
can palintiff file suit under specific relief act now ?
In order to receive interim relief in terms of either possession or appointment of court receiver what should be done?
is there need to separate suit for interim relief?
if the court fee amount is 4230 then what can be the average fees of private lawyer to file this suit now in mumbai ?