Rajan Kaushal
06 November 2012 at 11:45
The possition of Applicability of Article 137 of Limitation Act was settled in view of S.S. Lal case of DHC till 2008 when the Apex Court in the case of Kunvarjeet Singh Khandpur Vs.Kirandeep Kaur and Ors clarified that Article 137 of Limitation Act applies on the application for grant of Letter of Prabate /Administration. Since in Delhi no probate is necessary what would be to position on the facts of the following case.
1. A registered Will was executed in 1979 by giving his wife only right to live in the suit property but bequesthing the same to the propounder in exclusion of all others.
2. The testator died in 1981. His wife was all alone living in the property.
3. The propounder filed the Will with L&DO for nutation.
4. Three out of five other legal heirs (Sister of the propounder)consented to the execution and validity of the Will by way of affidavit and No objections.
5. Two other legal heirs(Mother & Brother of propounder) preferred a civil suit in 1981 for declation and permanent injunction seeking Will to be decalred Nul & Void and for mutation of the property of Delhi in their names. They obtained stay of mutation in the name of the propounder.
6. The petitioners delayed the P.E. for about 13 years and then on legal advise the propounder filed Application for Probate.
7. In 1995 the petitioners in civil suit made a statement in the suit through lawyer that since Probate application has been filed, the decision of the same would be binding on them.
8. Still in 1999, the mother filed an application under O7 R 11 that the petition of Probate in barred by time in view of Pamela manmohan Singh case of DHC.
9. The application was dismissed but an issue was framed on time barring.
10. A revision was preferred againt the order of dismissal inthe year 2000.
11. In the mean time the mother and the propounder died.
12. In 2005 the revision was dismissed on the basis of law settled in the case of S.S. Lal by division bench of DHC.
13. In 2008 the second plaintiff in the civil suit also died.
14. The civil suit was dismissed as abated in 2010 as none of the legal heirs joined the petition.
15. In 2008 the Apex Court in the case of Kunvarjeet Singh Khandpur Vs.Kirandeep Kaur and Ors held that Article 137 of Limitation Act applies on the application for grant of Letter of Prabate /Administration.
16. In 2011 within three years from he date of judgement an application under section 5/14 of Limitation Act was moved on behalf of the propounder for condonation of delay if any in filing the probate petiion.
Note: The possession of the entire property is now with a third party who obtained the possession in 1995/1996 and fabricated certain documents of purchase of 5/6 shares despite the status quo orders of 1994 passed by the Ld. DJ in Probate case. He also joined probate petiton in 2006 by making false statement and he is the only contesting party.
Now the queries are:
1. Whether the petition is time barred?
2. If yes, if Will stands proved as per section 63(c) then whether the delay of 13 years in filing probate from date of dispute on Will would be material ?
3. Whether such delay is condoneble in the light of the facts that in Delhi Probate is not necessary and at the time when the application was made the law of the DHC and other high courts was such that no time was prescribed for application for grant of probate and only the suspicion an in the present case Will was presented before the L&DO in 1981 itself and the issue "Whether the Will was validly executed" was sub-judice since 1982 in the civil suit being defended by the propounder?
4. Whether applicability of Article 137 of Limitation Act on the application for grant of Letter of Prabate /Administration as held by the Apex Court in the case of Kunvarjeet Singh Khandpur Vs.Kirandeep Kaur and Ors would be prospective or retrospective?
5. Since the civil suit stands dismissed in favour of the propounder, what is the legal right / ownership of the propounder?
Please let me know if any further detail is required of the case and please advise.
pramod
06 November 2012 at 09:57
Dear Experts,
To cut voluminous facts short…
What are the available remedies if Defendant refuses to admit, all e mail communication sent by himself before a trail Court in a civil suit? Entire merit of the case is based on e mail communication which are numerous in numbers and which goes against the Defendant if admits. Defendant in his written statement disagreed the E Mail ID belongs to him, in which all communication took place, as well as in the cross examination. Defendant is still using the same e mail ID. Defendant is highly educated and rich. Defendant had correspondence with the plaintiff more than two years on the same e mail ID.(Total number of e mails 80 in numbers) The plaintiff believes strongly that the defendant is having only one e mail ID.
Hence what are the possible remedies for the plaintiff to establish truth on record that the defended made false statement?
Where to initiate and how to go about?
Criminal proceedings are still going on. Civil case dismissed, The Court did not appreciate e mail communication at all, PARTICULARLY in the event of e mail ID ISSUE.
Hence, humble request to all Experts to contribute in the interest of Justice.
Thanking you all.
Anxei
06 November 2012 at 09:45
Dear Sir,
Good day!!!
My Client's Grant father had bought a property on Oct'1939 & taken possession in the state of Orissa. After 10 months on Aug'1940 he had transferred (made a sale deed) on the name of his Grant mother. After that they have paid peherdar fees (taken by British Govt.). But in the year of 1955 another person has forcefully taken the possession of that land, same time his grant father died & his grant mother(widow) could't fight with that person. So that person had given Khajana in the name of his grant mother but paid by his own name. In the year of 1978 when settlement came that time the settlement officer listen from both parties since that land was in possession of that person 12/14 years in the ground of 'Adverse Possession' given decision to make land on the name of his grant mother but jabardakhalkari that person. But after 4/5 years of time that person tactfully taken that land in his name.Now his children are in possession of that land.
So friends kindly suggest how to go about it?
Brgds
SOUNDARARAJAN K.S
05 November 2012 at 23:15
Sirs,
My Uncle who is no more and had expired in the year 1992. Prior to his demise, he had transferred his self-acquired property to his Eldest son and first son in the year 1978. MR. X took care of the family and had performed the marriages of his six daughters. Can Other two sons and daughters now claim share in the above property.(now a vacant land measuring 1200 sft or so is lying and now fetches good market price). Kindly confirm.
basavaraj shiromani
05 November 2012 at 21:31
A suit is filed based on an unregistered agreement of sale. Court directed to pay the deficit stamp duty. Accordingly deficit stamp duty is paid along with the penalty.
My question is whether, even after paying the deficit stamp duty along with penalty in the court, still registration of the document is necessary ?
Nishant Jojhra
05 November 2012 at 18:08
IF THE SUIT PROPERTY IS AGRICULTURAL LAND AND ONE COPARCENER IS INTERFERING IN THE PEACEFUL POSSESSION OF OTHER COPARCENER BY RAISING ANY TYPE OF CONSTRUCTION OR BY FORCEFULLY DISPOSSESSING THE COPARCENER. CAN HE FILE A SUIT FOR PERMANENT PROHIBITORY INJUNCTION AGAINST OTHER IN THE CIVIL COURT OR HE SHOULD APPROACH THE CONCERNED TEHSILDAR?
Nishant Jojhra
05 November 2012 at 18:03
CAN A COPARCENER FILE A SUIT FOR PERMANENT PROHIBITORY INJUNCTION AGAINST OTHER COPARCENER, IF YES CAN ANYONE HELP ME WITH SOME JUDGEMENTS?
Parthiv Pathak
05 November 2012 at 16:04
Hi,
One of my client has visited India at Bhuj. He came from Musket to Mumbai and from Mumbai to Bhuj. He had a bottle in his checked in baggage which got broken during transit. He demanded a compensation from Airline. Airline has refused to give and informed him that he can not bring liquor in Gujarat as it is a dry state where there is prohibition on liquor. Now my question is is it possible to being liquor into Gujarat from other state/nation under any pre-approved permit or it is not at all possible and a person has to get permit first and then only he can buy liquor in GUJARAT only. Pls clarify as it is a matter of quick compensation. Thanks.
Parthiv
DEV
05 November 2012 at 15:37
Hi,
I purchased a house at Coimbatore in Tamil Nadu out of my own earnings. Now, in case if I want to sell the house, do I need the consent of my two daughters who are married and settled abroad ?
Thanks & Regards
Devanathan
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For what acj form no. 37 part(7 )
For what ACJ FORM NO. 37 PART(7 ) REGARDING CIVIL CASE?