pushpakrishna
16 August 2013 at 20:56
Dear experts,
If a person filing a civil case who living out side country can represent /lead the case by power of attorney.if so, has he file any affidavit or any petition before the court stating that i am the power of attorney holder or not. i am for the defendant and plaintiff did not filed any affidavit stating that he is the POA on behalf of the plaintiff.simply saying that iam the POA. is it justifiable.kindly advice with suitable guidance. Thanq sirs
dhanu
16 August 2013 at 19:59
Respected Sir,
I have been filed R A D suit in small causes at Mumbai in person, Defending solicitor has given a an Application for adjournment on 25th Apr, 2013, for giving reply, still he is not file his reply, how can I tolerate a lengthy adjournment,so please suggest me that how I can take objection for this delay.
thank you,
ROJA shree
16 August 2013 at 19:26
My relative/defendant, gave blank signed papers given as security along with original partition deed, for debt to plaintiff. Later on grudge, plaintiff misused it and framed as sale deed and marked the defendant’s partition deed as a plaintiff side document in Court. My relative/defendant was contesting . Plaintiff died and case was dismissed for default .
Now the question is the defendant need his original partition deed to sell his property.
1) Under what provision he can get back his partition deed.
2) Pls mention the relevant section and act
3) Detailed procedure for obtaining his original document.
raghuvenu rao
16 August 2013 at 17:41
respected sir, here in one ville the ex -patwarys was wrongly entered the land as pott karab ,area in entire village pott karab land was only 162-acers ,but here i calculated the pott karab land it comes to 185 acers variations was found in revenue records it is inaam land , inthese regard the extent area one survey number 20 acers were included in the revenue records ,as pott kharab ,now how to deal this matter iam in need of suzesstion in ...kindly reply ..thanking you sirs ..
mukund madhav
16 August 2013 at 16:26
hiiiiiiiii legal gladiators ......
i want to know the procedures to file PIL in HIGH COURT & SUPREME COURT???
is PIL is same thing as SLP when filed in upreme court??????
CAN SOMEONE FILED SLP IN SC WITHOUT FILING PIL????????
THANX
shakeel
16 August 2013 at 13:29
Request for expert’s opinion on evidence act 65B:-
I gave notarized G. P.A and handed over all original documents in 2007 for exchange of property to my co-brother as I am staying in abroad. He let out the site on rent and signed agreement on my behalf as holding G.P.A. In my visit to India in Jan’2008, my co-brother didn’t buy any property in my name. I had discussed with co-brother to return all documents along with G.P.A.(didn’t proceed to cancel G.P.A as per cancellation procedure) he agreed for that and I have transferred the property in my wife’s name on 28th January 2008 to take care and informed to tenant. Tenant agreed to pay rent to us since 1st Feb’2008. He agreed to pay rent even in mails also. Several e-mail communications were done with tenant for the payment of rent, in mails he agreed, but didn’t pay rent. We have communicated through company mails (Tenant works with X company, I was working with Y company). Mean time my wife didn’t apply for khata transfer immediately as we are not aware much. My co-brother takes the advantage of notarized G.P.A and transfers the property on his wife’s name on 31st March 2008 and obtains khata in his wife’s name (as E.C clearly indicates the transfer of property by the owner on 28th Jan, 2008 and second transfer by GPA on 31 March, 2008 by which GPA got ceased by change of ownership. We applied for Khata in Jan’2009. We came to know that khata has been issued in the name of my co-brother’s wife. We filed a petition to the D.C to revoke their khata. We filed a case against the tenant in 2009 for ejectment and rental recovery. In 2010 Tenant and my co-brother collided and by suppressing the facts, co-brother filed a case against tenant in another court based on khata / sale deed and got the decree from the other court as possession holder by ejectment of tenant, as the tenant didn’t notify regarding this case in our rental recovery case and they suppressed the facts. Recently 2 months back we filed a case against my co-brother for deed declaration (notices are under issuance)
In our 2009 rental recovery / ejectment case, judge is asking for our relationship with the tenant (rental agreement between us) and judge also indicating that at present position is not with us and e-mails are not admissible. we informed that agreement done by my GPA holder. For e-mail communications, our lawyer says, as per evidence act 65B e-mails are admissible. communicated mails to be certified by the company. Tenant already left his company as well as Bangalore itself. Is it a mandatory requirement to get mails certified? (if it has communicated through personnel mails, what to do?). Will his company allow me to enter and respond me to get these mails attested? Are there any regulations that company should attest the personnel communicated mail?
Your valuable suggestion in this regard is highly appreciated.
arunkumark
16 August 2013 at 07:12
In a registered housing society if a chairman resigns before his term of 5 years then remaining managing committee along with secretary and treasurer can continue till the 5 year term gets over without chairman? As per the 97th amendment of society law which came into force from February 28th the election process has to go through election commisioner.how to solve this problem . Dear experts please advise
shakeel
15 August 2013 at 23:25
Request for expert’s opinion on evidence act 65B:-
I gave notarized G. P.A and handed over all original documents in 2007 for exchange of property to my co-brother as I am staying in abroad. He let out the site on rent and signed agreement on my behalf as holding G.P.A. In my visit to India in Jan’2008, my co-brother didn’t buy any property in my name. I had discussed with co-brother to return all documents along with G.P.A.(didn’t proceed to cancel G.P.A as per cancellation procedure) he agreed for that and I have transferred the property in my wife’s name on 28th January 2008 to take care and informed to tenant. Tenant agreed to pay rent to us since 1st Feb’2008. He agreed to pay rent even in mails also. Several e-mail communications were done with tenant for the payment of rent, in mails he agreed, but didn’t pay rent. We have communicated through company mails (Tenant works with X company, I was working with Y company). Mean time my wife didn’t apply for khata transfer immediately as we are not aware much. My co-brother takes the advantage of notarized G.P.A and transfers the property on his wife’s name on 31st March 2008 and obtains khata in his wife’s name (as E.C clearly indicates the transfer of property by the owner on 28th Jan, 2008 and second transfer by GPA on 31 March, 2008 by which GPA got ceased by change of ownership. We applied for Khata in Jan’2009. We came to know that khata has been issued in the name of my co-brother’s wife. We filed a petition to the D.C to revoke their khata. We filed a case against the tenant in 2009 for ejectment and rental recovery. In 2010 Tenant and my co-brother collided and by suppressing the facts, co-brother filed a case against tenant in another court based on khata / sale deed and got the decree from the other court as possession holder by ejectment of tenant, as the tenant didn’t notify regarding this case in our rental recovery case and they suppressed the facts. Recently 2 months back we filed a case against my co-brother for deed declaration (notices are under issuance)
In our 2009 rental recovery / ejectment case, judge is asking for our relationship with the tenant (rental agreement between us) and judge also indicating that at present position is not with us and e-mails are not admissible. we informed that agreement done by my GPA holder. For e-mail communications, our lawyer says, as per evidence act 65B e-mails are admissible. communicated mails to be certified by the company. Tenant already left his company as well as Bangalore itself. Is it a mandatory requirement to get mails certified? (if it has communicated through personnel mails, what to do?). Will his company allow me to enter and respond me to get these mails attested? Are there any regulations that company should attest the personnel communicated mail?
Your valuable suggestion in this regard is highly appreciated.
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Cancellation of gift deed
Hello,
I have a query regarding Cancellation of Gift Deed.
The Issue is:
An elder brother ( 63yrs age) had gifted his property to his younger brother (61yrs age), in the year of 1999, as the elder brother has 4 daughters out of them 3 are married, and the younger brother has 1 son and a daughter.
As the terms were good between both of them at the time gift, the elder brother had gifted the property out of love and affection, and moreover as both of them have only male child in between the 2 brothers to look after them in there later stages.
But as of now the difference arose between them and even the son of the younger brother, has bet his aunt & cousin sisters.
Now in the year of 2012 the elder brother had filed before the MRO for cancellation of gift deed, and subsequently the gift was cancelled.
Now the younger brother had filed a suit in the court challenging the cancellation.
Now the question is:
1. Can a gift deed be cancelled as the motive behind the gift is not justified? Any citations?
2. How far there is winning situation of this case?
3. There is status quo on the cancellation, will the Interlocutory Application be dismissed?