AK
30 November 2013 at 15:37
Hello Everybody.
We had received property via Gift Deed in 2006. Our registration was cancelled by my uncle unilaterally in 2010. We then filed Writ Petition in High Court to question how did the registrar cancel the registration unilaterally. The Cancellation Gift Deed was set aside and the registration was set in place by the High Court's Decree. In that decree High Court also mentioned a point "Though respondent no. 3 (my uncle) claims possession till date, his plea cannot be accepted, because under Section 90, oral plea is not acceptable."
They had already filed an Injunction Suit against us, which they lost. We then filed an Injunction Suit and we got Permanent Injunction from the City Civil Court.
Now, since they were staying there, we had filed an FIR last year which worked out after we have received the permanent injunction. They can be easily booked as Trespassers now. So now, my uncles know this and are ready to compromise and they want some time to vacate the house.
We are ready to give them some time. Our advocate is saying that this compromise deed will also be recorded in the court and in the given stipulated time (may be 6 months we may assume), if they don't vacate the house, we can put EP (Execution Petition) against them and take court orders where in the police is directed to vacate the house and hand over the possession to us.
Since my uncles are not demanding money, their advocate is saying to give him 2 lacs for all the expenses he incurred in fighting the case against us, also he wants the money at the time when we file the compromise deed in the court.
Kindly advise,
1. Is it correct that if they don't vacate the property in the stipulated time (may be 6 months we may assume), we can get court orders by filing an EP and police will do the needful in returning back our possession?
2. Should I pay that advocate the amount that he is demanding in advance for, or no?
3. What are other ways, that they (The advocate / my uncles) may create problems for us? What are the options open for them?
Kindly advise.
Anil Kumar
30 November 2013 at 12:19
Dear Sir,
First of all Thanks to all of you who adviced me. I never thought I'll so many response so quick. Hats off guys.
Going forward I have few more question. It arises after looking at your replies.
Questions are numbered 1-5.
I just want to give you little detail of what happened so you may guide me better. I have a commercial plot in city authority in UP. There are 6 plots in that row. One of the corner plot belongs to someone. Since he have corner plot ho got little extra land. Together with his corner plot he bought one more plot adjuscent to it and made a godown on it and it is occupied already. Until recently I though that he had only one plot with bigger land due to being corner plot. My plot is in between. Now one of my nebhour build his godown on my plot because he was told by authority to do so. Authority did mistake in measuring the plot. They consider corner plot as one plot when actually it is two plot building. Now me and who build godown on my plot are the real sufferers. His plot is empty. In this case what should I do and what should he do who made his godown on my plot. Can I file to case against the person who constructed godown on my plot and if I can that what will I get? Other guy who made the godown can file case against authority who actually made the mistake in measuring the plots. Why authority never checked during construction. Can authority get away with this kind of mistake which causing mental havoc on two of commercial plot owners.
1)Do I have to ask authority to measure my plot because so far I never contacted authority about this issue or should I go ahead and file the case? I am not sure if authority even aware about this mistake.
2) Can I ask court to lock this building immediately as it is constructed on my plot or should I ask for rent?
3) If I go to court, any idea how long will it take and how much will it cost me until decision comes?
4) From any point of view do you see it can back fire me, if so please advice.
5) If any compensation, what should I ask from court like rent, mental harrasement, my traveling cost (flight ticket because I am working in another city), My leave loss at work place, legal processing expanses etc, etc.
Thanking you all in advance for your time and guidance.
Sanjeev Thakur
30 November 2013 at 07:22
Father A has two daughter both of them married but later on the father transfered all his property to one of the daughter by way of will and this fact came to the knowledge of other sister after the death of the father and after the attestation of mutation.
Now weather the sister who is debbared by the father can take share from the proerty of the ancesstors. The whole of the property was ancesstoral property which was even owned by father.
Muruli Mohan K
30 November 2013 at 01:15
Sir,
My uncle applied for grant of probate to a registered will in JMFC court Anekal Taluk in Bangalore. My uncle sent notice in this regard to his three brothers including my father.
Since from my father exparte to the case and other two uncles contested the probate application and probate application now became a suit.
Still now no actual arguments took place except Court fee issue. In this time can I contest the will through impleading application instead of my father through separate lawyer. Since I am very well aware of the facts of the case or can my father still contest the probate application after long time exparte to the case. Please clarify. Thanks
surjit singh
29 November 2013 at 20:43
My query is can the ACR of a retired employees be given under RTI ACT. Any judgement on this matter.
Rohini
29 November 2013 at 19:26
plaintiff filed a suit for declaration of title and recovery of possession under a registered sale deed against defendant. The plea of defendant is that the defendant and his brother purchased the suit land under simple sale deed from the same vendor.After full fledged trial the suit was decreed. The defendant preferred an appeal and it was dismissed and the second appeal is also dismissed infavour of defendant. Whereas the brother of defendant is not party to the suit. Recently defendant died. The suit land was in possession of defendant and brother of defendant. Now how the plaintiff succeed in recovery of suit land form the legal heirs of defendant and from the brother of defendant. please suggest me.
Nagalakshmi
29 November 2013 at 18:38
Hi
My Husband died in a road accident recently on 19.08.2013 while he was driving .I have a 10 months baby girl and we are married three years back on 12.11.2010.He has a younger brother and an elder sister . His father who died on 24.10.2009 has twin house in his name while he was alive he said by mouth each of his sons to take a house .My husband got loan and renovated the house and have taken a first floor which is left for rent while still the property was on his fathers name .He repaid the loan completly (before our marriage).Now the will is still in my father in laws name. My mother in law is alive and she is getting the rent .they didn't want to give my husband share and cheating on me .how should i go about now ?.
vijay bhaskar
29 November 2013 at 18:29
I had filed a suit for recovery of money basing on a promissory note. At the time of filing of the suit, I had filed the certified copy of the promissory note as the original promissory note was held up in a case filed under Negotiable Instruments Act before Hon'ble Addl. Chief Metropolitan Magistrate court and also I had mentioned that I would produce the original promissory note at the time of trial in civil suit. The CC (N.I Act) is coming for cross-examination of the complainant. The promissory note was marked as Ex.P-1 and it would take time for me to obtain original promissory note from the court. Meanwhile, the civil court had return the suit with an objection to file the original promissory note. Please suggest me and quote citations of apex courts in which the court has said that the certified copy of the document would suffice the purpose of numbering the suit. -URGENT-
Amit
29 November 2013 at 18:19
Wanted to check if a lawyer is needed if both parties agree. Also what is the process for divorce.
Can you suggest lawyers in Bangalore, South preferably
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Difference between sp of agreement and sp of contract ?
Sirs,
May I know the difference between a Provisional Booking, An Agreement , Renegotiated Oral Agreement ( Implied ) and a contract
and also
Difference between specific performance of a contract and Specific performance of agreement ?
D2 ( Bonafide subsequent buyer) has been accused of collusion with D1 ( Builder )by plaintiff whose written agreement with D1 has been cancelled due to non payment of any installments after provisional booking but a month or so after cancellation notice served on the plaintiff, payment for one of the pending installment was accepted by D1 ( in good faith that Plaintiff will clear all dues soon as he promised ) and also issued a letter to inspect the under construction apartment and suggest internal alterations if any through which letter the plaintiff now claims that the builder implied that the builder agreed to new orally renegotiated terms to receive all remaining dues ( nearly 80% of total sale consideration )after completion and intimation of the alterations in the apartment - The Builder in the mean time vexed with the delay - sold the apartment to subsequent buyer D2 without informing D2 of the said previous agreement
2 years After registration and taking possession of the apartment D2 receives court notice to be impleaded in the suit for specific performance of agreement against D1 or face exparte hearing
D2 on advice of his lawyer got impleaded but plaintiff changed petition to collusion between D2 and D1 and sought cancellation of registration in favor of D2
D1 in his counter claims D2's registration is valid and executed before the plaintiff filed his suit and more over Plaintiff did not pay any court fee for cancellation of registration which would make it a suit for SP of contract while his suit is only for SP of agreement and that the plaintiff's agreement was cancelled due to plaintiff's failure to pay installments despite the many opportunities given to the plaintiff on his request to clear his dues
In light of the above what is D2's burden of proof ?
and how helpful it is to D2 that Plaintiff while now seeking cancellation of registration, did not even pay court fee for SP of Contract and paid court fee only for SP of agreement ??
Thank you
Sudha