Member (Account Deleted)
24 February 2013 at 15:01
We are three brothers.
In 1975, my father bought a flat in mumbai in my name with family funds. The two brothers took over our father's business.
The two unmarried brothers stayed with my parents in that house. After my parents death, the two married brothers and their families continued to stay there.
Now, one brother refuses to vacate the house as it is going in for redevelopment, claiming he has possession of the house for so many years and had also chipped in money to buy it,thus he should get a share of the corpus, rental and the new house.
Does he have any right of possession? How do i deal with him? Can he go to court against me?
Damayanti
24 February 2013 at 13:10
If an Order passed (rather dismissal of an Application), which is in a civil suit at Original Jurisdiction, is deemed as if neither Appealable (no appeal lies vide CPC) nor reviewable (no review lies vide Sec. 114 of CPC) nor revisionable (no revision lies vide S. 115 of CPC), then doesn't it contravene ........................
the constitutional right
or
the legal right to pursue further recourse to Ordrinary remedy in higher forums?
Can the finality of a decision be sealed at the Original Jurisdiction itself?
If such situation arises, then doesn't it contravene the part III / Article 13 and Article 14 of the constitution (that Original Jurisdiction or lower court behaving in an utterly arbitrary manner and creating an area of arbitrariness)
Very urgent query .
Please advise.
vinodkumar
24 February 2013 at 12:55
my father purchase a resindential plot before last 15years ago, they pay all consideration amount to the owner and make a kachha chitha[simple aggriment on rs 20 stamp paper not registerd sale deed] , on that time they not take possession of said plot due to truste on the owner, now after 20 my father is not alive and the owner now file a suit for possession protection against me, he misguide the court he not mention any line of the said contract in his suit pleading,i file my reply and produce the aggriment copy in the court, now the mater is on hearing a injuction stay application, still i not file a counter claim or suit for declarition on the bases of the sale aggriment so now what is leagle remedy for me?
pushkar
24 February 2013 at 08:49
My grandfather brought a property in 1970 when my great grandfather was the karta of the joint family. My great grandfather died in 1994 while my grandfather in 2007. now brother of my grandfather wants his share in the property which was bought by my grandfather in 1970.
Is his demand justified?
SHIESTA007
24 February 2013 at 08:44
Dear Team,
BRIEF stages of the case:
1. plaintiff filed suit for declaration and damages. The plaintiff has asked relief for cancellation of the fraudulent gpa and subsequent sale deeds.
2. the plaintiff has filed the original documents and has got it marked in the court.
3. the defendant no - 4 is a contesting party to the case and she has produced the documents of her original sale deeds . but she never stepped in the witness box for marking the documents.
4. Meanwhile when the plaintiff;s evidence is over, and when it is her turn to step into the witness box with deep criminal conspiracy she sold away the property in the pendency of writ petition and suit.
5. Now the defendant no. 4 who has sold the property to def- 5 , had to give her original sale deeds to def no 5. she has given the document to defendant no 5, is been confirmed when the defendant no. 5 stepped into the witness box and led his evidence. def- 5 had produced one sub register document who has availed the loan from bank during the pending suits, in which there is list of title deeds and other documents which are in original submitted to the bank. now the date where the certified copy of the original is there is 2 sept 2010. while availing the loan the documents which had to be given original are even the mother deeds. i.e., the saledeeds of the defendant no. 4. The def no. 5 admits that the original documents of def no. 4 were with him.
6 . But now the point is the def no 4 who has given the sale deeds to def no. 5 was already present in the court which was original, till 29 oct 2010. when the def no 4 had filed the application for returning the document of sale deeds, which she had produced , immediately the plaintiff has filed objections for not returning the document.
but the court ordered to give away the doucment. while taking away the document the advocate has taken away the document. the client did not come and take away the document.
5. till now the defendant no 4 has never entered the witness box for her say.
(A) Now my query put to you is whether the plaintiff can file a writ petition against the defendants for robbing the documents which were present before the court.
Because one can very well understand that something has cooked up very well silently that the documents are out of the court prior to the judge orders.
(B) Even if i have the provision to move writ petition , then whom should i make the parties?
(C) Can i proceed with making the advocate for defendant no 4 as the party ?
(D) what relief can be claimed against the defendants?
I thank in advance for the team who will answer my query.
Naveen Gautam
24 February 2013 at 03:03
Author : Naveen Gautam
Posted a day ago
dear sir,
i joined a company in 15 June 2012 and worked upto 8 september 2012, before joining this firm i was having a experience of one year as marketing engineer related to sales back ground. this company hire me for marketing stated that you have to work for technical marketing & look after of exhibition and marketing activity. but after joining they asking me to work on digital marketing like email & campaign. after joining i signed a bond for 2 year service. but they had not provide me any traning related to my work profile to add something in my profile in between the peroid form june -SEP. in september i resigned from the job as i was feeling that they want to make a tele caller rather than a marketing person they asking to work on digital marketing but not providing any training . after my regination letter they accepted my resignation . i left that job from that onwards. AFTER ONE MONTH OF MY RESIGNATION LETTER& ACCEPTANCE THEY SENT A LETTER FOR PROPER HAND OVER & RELIVING , FOR THAT ALSO I REPLY THAT SAY THAT I AM NOT IN THE CITY WHERE I WORKED WITH THIS COMPANY. SO I AM NOT ABLE TO COME AGIAN TO MUMBAI FORM DELHI. AND NOW THEY ARE SERVING A NOTICE TO ME FOR BREACH OF CONTRACT & ALSO PROCESSED THE CHECK THEY HAVE WITH THE BOND. BECAUSE OF IN SUFFICIENT AMOUNT IN MY ACCOUNT THAT CHECK GOT BOUNCED. I AM SIMPLE GUY DONT LIKE CHEAT PEPOLE . FROM A VERY POOR FAMILY.
PLEASE HELP ON THE SAME ISSUE LOOKING FOR THE GUIDENESS I AM ALSO ATTACHING THE MAIL THEY SENT TO ME please also check the mailer & my regnation acptance in the attachment
they them self filled the date after my RESIGNATION from the job.they submitted the cheque on 7/feb/2013. i gave resignation on 8 sep 2012
sir i like to attach the mail but because of any issue in web site i am unable to do that please find the below contain related to mail correspondence with the company a
Resignation mail :
Dear Sir,
I am writing in order to inform you of my resignation from current position as Marketing Executive at Advanced Bolting. I am highly apologised for this but I think so that management is not comfortable with my job profile.I am not able to continue this job.I am very thankful to you for offering me this profile in your prestigious company.
Kindly accept my resignation for the following post.
Please acknowledge this letter of resignation.
Note: I have submitted my official assets(Laptop & charger) in the office.
Yours truly,
Naveen Gautam
Acceptance From MD
9/8/12
Resignation accepted. But you Need to hand over current projects properly to Shrikant Pharate.
thanks and best regards,
Bala
Mail Recived By HR
Ref: HR/897 Date: 5th Oct’12
Sub: Handover and Relieving
Dear Mr. Gautam
You had been appointed as Marketing Executive for our Head Office at Navi Mumbai vide appointment letter dated 18.06.2012 (Ref: HR/768).
With reference to your resignation dated 8th Sep’12, we would like to put on record that as per MD’s reply to your mail dated 8th Sep’12, your relieving was based on complete handover to another member of your team. Neither did you handover the current projects to the said member but also did not submit the assets to the IT department of the company.
Consequently, you are still not relieved of services of ABS and are being considered as absconding with serious violation of your employment terms and conditions. The company has invested lot of time and effort in training you and leaving the company without proper handover is a reflection of your highly non-professional and “not bothered” attitude.
Also, this is to remind you that you have signed a service agreement with us according to which, if you leave the services of the organization within 2 years of your joining, you are liable to pay the company an amount equal to your 6 months gross salary.
You are hereby expected to come to the office and complete the handover process within 1 week of receipt of this letter, failing which legal action will follow.
A copy of this letter is being sent by registered post to your residential address.
My REPLY :-
dear samvedna,
i telling please dont disturb me. if you are think i am doing a job at my home town come & see i am working or not.
i like to clear one thing to you that i cant come back to Mumbai because i am not having any sources of earning & according to me i already completed my all responsibilities.
i like to Know which training i have attended on the behalf of ABS & when & what time you gave me that training & second regarding The false commitments please ask with Ms vidya what she had committed with me on my role in the comapny.
you people want me to work as telecaller from that day onwards i am not getting any supports from the my seniors & any one.
i had made it clear that i had submitted all my assets to the company & i like to clear one thing also that i iam not having any passwords fro any tender portal, because your sales backhand team is doing all that. my role is limited to give information about any new tender which iam doing by my search on the internet & according to me that much knowledge you also having that for searching a thing over the internet is not required any passwords.
even though in any case i am having which i dont knew , me all are in my laptop. which already submitted to you.
i request you to not send this type of mailers again or even though if you me in Mumbai. please send my last salary to me . so i can come to you or book my tickets from delhi to bangalore.
i know i made a mistake when i decided to join ABS & trust you people.
HR Second Mail
• Your resignation was accepted subject to proper handover to Mr. Shrikant (as per attached mail). The handover was not done and it seemed that you ran away from the company. So there was no relieving process completed.
• You did not handover the keys to Mr. Bhusan but to your colleague Ajit. Also, it was your responsibility to handover the assets like laptop, etc. to the IT department which you did not do. It shows your absconding attitude.
• As per your appointment letter, you had to serve 14 days notice period which you did not.
• For your information, settlement is done on complete relieving of the employee (proper handover of data/ work/ assets to the concerned departments and clearance from them on company document). You did not do any of these and hence the settlement will be pending till you complete the above mentioned handover.
• At the time of your recruitment, Ms. Srividhya had clearly told you that it was a marketing profile based in HO. She had talked to me during your meeting and had clarified that you will be joining us as Marketing Executive (which has been clearly mentioned in your appointment letter to which you have given your consent and signed). If you were not clear of your role, your shifting to Mumbai and signing the appointment letter becomes questionable at your end.
• Your official Job Description was also mailed to you (Refer attached mail), thus proving that your accusation of we keeping you in dark about your profile is absolutely baseless.
• While in your tenure, you were handling many passwords for tender portals, etc., and since no handover has been done, we are sure it is being misused.
• It is evident that you have been taking time in company for searching jobs closer to hometown and were not performing basic tasks given and could not adhere to basic deadlines.
• The company had been generous to give you a month’s time for reporting to office and complete the handover amicably. Since you failed to turn up, we were left with no option but to initiate this correspondence.
• The company has invested lot of time and money in training you. You need to pay us Rs. 1,60,412 (as per Service Agreement signed by you). If not, legal process will be taken up.
Regards
Samvedana
From: Naveen Gautam
Sent: 07 October 2012 23:48
To:
Subject: Re: Handover and Relieving
Dear Samvedna,
As per my resignation on 8th Sep,it was very much clear that I have resigned with the acceptance as well as submitted my wardrobe key to Mr. Bhushan.If you want you can speak to Mr. Ajit because in front of him only I have given the keys of my wardrobe to Mr. Bhusan in which my all office assets were there.I have forwarded my resignation to Mr. Bala,Vidya & you together and I got the acceptance from Mr. Bala for the same.
Apart from this about my project I have already spoken to Mr. Shrikant & Mr. Pratik(DTP Designer). I have given the projects for designing to Mr. Pratik and he was working on the same.
Now if you are talking about legal notice, so Ms. Samvedana I think you are an HR & you are very well known that my resignation got accepted by the managing director of the company.It was clearly mention in the agreement also that I cant leave the job without Managing Director acceptance. But I think so that you are knowing about the rules & regulation of your company and as per the rules also I have cleared all my responsibilities.If I also come to legal thing than you are also knowing that if any employees resigned the job with the acceptance of MD than you supposed to do full & final settlement but still you have not paid me my 15 days salary for that I worked.Apart from this if I come to my job description till 3 month of my job,you didn't given me any particular job description & KRA as well as you people were not happy with my work due to that only I have resigned my job.
So kindly request you to not send me this kind of mailer that is to be after 1 month of my resignation acceptance. Because till 1 month nobody can wait for the job.If any problem were there you supposed to inform me before my resignation acceptance and after this also if you want to serve the legal notice to me than I am sorry to say but i think so that you also have to pay for my economical damages due to your unprofessional approach towards my job description as well as misguiding me about my KRA by Ms. Vidya in my interview held in chennai.I have also asked you about the same before shifting to Mumbai & you people didn't send me any job description.
Just wanted to inform you that I am not available in Mumbai due to that I am unable to come to your office.
Regards
Naveen Gautam
virender mahajan
23 February 2013 at 13:45
Dear sir.
If a person father is adjuged as insolvent .then person father has no capacity to contract as per contract act .my question is whats other effects of person declared as insolvent as per indian law . If person father is declared insolvent then whether son is also treated as insolvent as per indian law.
ranjan
23 February 2013 at 12:41
A person aged about 84 years wants to give GPA to sell a plot of land about 5000 sq.ft. at Kolkata
Can he do so?
Is GPA must be registered?
Can the GPA holher execute convayance for the same as he can not be able to move.
Pl. reply.
thanks,
Naveen Gautam
23 February 2013 at 12:30
dear sir,
i joined a company in 15 June 2012 and worked upto 8 september 2012, before joining this firm i was having a experience of one year as marketing engineer related to sales back ground. this company hire me for marketing stated that you have to work for technical marketing & look after of exhibition and marketing activity. but after joining they asking me to work on digital marketing like email & campaign. after joining i signed a bond for 2 year service. but they had not provide me any traning related to my work profile to add something in my profile in between the peroid form june -SEP. in september i resigned from the job as i was feeling that they want to make a tele caller rather than a marketing person they asking to work on digital marketing but not providing any training . after my regination letter they accepted my resignation . i left that job from that onwards. AFTER ONE MONTH OF MY RESIGNATION LETTER& ACCEPTANCE THEY SENT A LETTER FOR PROPER HAND OVER & RELIVING , FOR THAT ALSO I REPLY THAT SAY THAT I AM NOT IN THE CITY WHERE I WORKED WITH THIS COMPANY. SO I AM NOT ABLE TO COME AGIAN TO MUMBAI FORM DELHI. AND NOW THEY ARE SERVING A NOTICE TO ME FOR BREACH OF CONTRACT & ALSO PROCESSED THE CHECK THEY HAVE WITH THE BOND. BECAUSE OF IN SUFFICIENT AMOUNT IN MY ACCOUNT THAT CHECK GOT BOUNCED. I AM SIMPLE GUY DONT LIKE CHEAT PEPOLE . FROM A VERY POOR FAMILY.
PLEASE HELP ON THE SAME ISSUE LOOKING FOR THE GUIDENESS I AM ALSO ATTACHING THE MAIL THEY SENT TO ME please also check the mailer & my resignation acceptance in the attachment
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Order 22 rule 10 order 1 rule 10 and 151 of cpc
Dear Sir,
As we won the case of Mandatory injunction and permanent stay.But the respondent has Sold the property on the basis of fictious unregistered Rs 1500 Patta to a party B during pendency of suit when interim stay was granted to us till the final disposal of case. The party B has to take stay aginst the saler party A as he has not given the possession in registry. We won the case and after one year dealy appeal was filed and during pendency of appeal party B sold the property to third party C.Now third party is seeking to be impleaded as appealentt on allegation of collusion.But circum stances are as below.
I need Ur urgent advice on chances of not appearing or with drawing the present appeal by the Appellant . what will be the effect on us Here on Third party impleadment application under Order 22 Rule 10 and order 1 rule 10 and 151 of CPC. Counter rejoinder has taken place as attached and Respondent has briefed the matter to court in argument. 26 Feb date fixed for Third part and Appellant then for order.
what will be the merit and repercussions if the appeallant not press the appeal or the withdrawal of appeal or non appearance or any agreement ??????
cant understand suggest n advice.
Need a early reply. Final Decree of Original Where permanent injunction is granted to us and order is in our favour.