Sanjay Dhiman
17 September 2012 at 05:22
In 1963 a plot was purchased in Haryana, in the name of two adult brothers A and B, at the time of purchasing A was present who signed the sale deed, paid consideration amount.
B shifted to Punjab never ever came back to reside there, latter on, purchased property in Punjab, made registered GPA in favor of A in 1994 for the above said plot, but in the year 2006, when A's health was not well being 80 years.
His younger brother 'B' with dishonest intention wants to take the advantage of having the name in Sale-Deed, malafidely filed suit for separate partition, who is not in possession since 1963.
Being defendant what defense should i take?
kumar sachin
17 September 2012 at 00:37
loan given through cheque
promised to return after one year
after one year did not returned
several time demanded, no result
ultimately legal notice sent
notice replied denying payment
now the question is for a money suit, from when the limitation period shall be counted
is it date of cheque?
date of expiry of committed time of refund?
date of legal notice?
or date of the refusal reply to the legal notice?
kindly also suggest judgment in this regard
Prashant
16 September 2012 at 22:23
Hi experts,
I am new to this forum and hence would like to say sorry if I have selected a wrong category. I have a query reagrding society transfer fee.
My father-in-law owns a flat in a society jointly with his wife. He wants to transfer the shares certificate of that flat in the name of his daughter who is married to me. The society is asking me to pay transfer fees for the same.
I read on net as below regarding transfer fee:
Transfer among family members: Under the old bylaws there were transfer charges applicable even if the transfer was between family members.
But then under Section 6 read with bylaw number 3 of the model bylaws, no transfer charge is to be levied in case of transfer of flat to any one of the family members. Under bylaw number 3(25) family members mean the following group of persons: husband, wife, father, mother, sister, brother, son, daughter, son in law, brother in law, sister in law, daughter in law, grandson, granddaughter.
I don't know if this is from the current years society bylaw.
My query is that does the current society byaw have any such clause? Do I need to pay transfer fees to the society? If yes, howmuch?
Thanks in advance
Regards,
Prashant
Raman
16 September 2012 at 21:06
Sir,
In one case Ld CAT has directed respondents to produce the recruitment file but they misplaced the file and stated that they want to file the additional affidavit which the court has refused
But the respondent has filed the additional affidavit.
When I inspected the case file, I shocked to learn that additional affidavit has now become the part of record and has the numbering( without any court order)
I suspect that this may have been done by the court registry/record cell on influence of the respondents
Whethr in such case whether any application under rules is advisable that additional affidavit should not be the part of records??
itishree patnaik
16 September 2012 at 19:18
the property is on the name of a widow age 76.
4 sons, 3 daughters
..2nd son had filed a partition suite against mother saying she dose not have source of incom sorce property is not belongs to her.
.. mother got it from her parent but no record of gift.
mother wanted to distribute among all children equally,not fighting for her rights. but 1st son and 3rd son not willing to co oporate ... instted of miuttualy settlement it has to put on the court..2nd son is a drunkad as well as an advocate so he is abussinng mother for a quick settlement,mother is ready to do so but the lengthy process is going on from 2008 .as a senior citizen can she has any way that she can stay peacefully .by restrict 2nd son. imidietlly can she get any result so that she can partition 2nd son as quick as possible.
G.D GEMINI
16 September 2012 at 16:15
RESPECTED SIRS
NILAMBER AND GHANHAM REAL BROTHERS WERE OWNERS OF 8 PROPERTIES JOINTLY AND INDIVIDUALLY.THESE PROPERTIES WERE IN THE NAME OF THEIR FAMILY MEMBERS. TO SAVE/EVADE STAMP DUTY ON SALE DEED NILAMBER FILE A CULISIVE SUIT FOR PARTITION STATING PROPERTY PURCHASED BY HUF FUNDS (WHILE ALL IS SELF AQUIRED) AND BY MISREPRESENTATION GOT DECREE VIDE A COPROMISE DEED SUBMITTED TO THE COURT IN THE YEAR NOV.2000 . A LIST OF 8 PROPERTY WAS ALSO SUBMITTED WITH THE SUIT BUT NILAMBER BY WAY OF FRAUD ONE PROPERY OF KAMAL S/O GHANSHAM ALSO MENTIONED IN COPROMISE WHICH IS EXCLUSIVELY PURCHSSED BY KAMAL. ON GOODFAITH IN BROTHER GHANSHAM & HIS OTHER FAMILY MEMERS PUT THEIR SIGNATURES ON COMPROMISE KAMAL'S SIGN WAS DONE BY NILAMBER TO COMPLETE FORMALITIES. IN COURT STATEMENT OF GHANSHAM AND HIS ONLY ONE SON WERE RECORED AND NOT OF OTHER MEMBERS.
IN THAT COMPROMISE 6 PROPERTIES CAME IN NILAMBER'S FAVOUR AND 3 IN FAVOUR OF GHANSHAM. NILAMBER GOT MUTATION IN REVENUE RECORDS ALSO WITHOUT INFORMATION TO HIS BROTHER.
IN 2006 GHANSHAM CAME TO KNOW ABOUT FRAUD BUT DUE TO HIS SIGNATURE FELF SHOCK. THEN KAMAL FILED A SUIT CHALLANGING THAT DECREE OBTAINED BY WAY OF FRAUD WITH COURT & MISREPRESNTATION AMD REQUESTED FOR SET ASIDE ON THE FOLLOWING GROUNDS:
1. PROPERTY IS NOT ANCESSTRAL BUT SELF
AQUIRED.
2. KAMAL'S PROPERTY IS NOT MENTIONED IN
PLAINT BUT MENTIONED IN COPROMISE ONLY
3. KAMAL'S SIGNATURES ARE TOTALLY BOGUS
4. STATEMENTS OF ALL THE PARTIES WERE NOT
RECORDED IN THE COURT
5. AFTER DECREE DT. NOV.2000 NILAMBER
EXECUTED SALE DEED OF TWO PROPERTIES
IN FAVOUR OF GHANSHAM (AS PER VERBAL
CONTRACT GHANSHAM CLEARLY ASKED
NILAMBER THAT HE DID NOT HAS FAITH IN
SUCH DECREE AND HE WILL ACCEPT SALE
DEED ONLY FOR THE PROPERY CAME IN HIS
FAVOUR WHICH WERE IN THE NAME OF
NILAMBER) NOW CASE IS PENDING ONLY FOR THE PROPERTIES CAME IN NALAMBER FAVOUR
NOW CASE IS AT ARGUMENTS STAGE WHILE AS PER ADVOCATE CASE IS STROG ACCORDING TO DOCUMENTRY AND VERBAL EVIDENCE. THE OTHER PARTY PRESSING THE SUIT IS NOT MANTANABLE AND TIME BARRED.
KINDLY SUGGEST YOUR ADVICE ON ABOVE POINTS AND ALSO ABOUT LIMITATIONS.
REGDS
G.D GEMINI
Deepak
16 September 2012 at 15:29
Resp. sir,
Is their any Law for file of PIL for Public Open space in Maharashtra which is unauthorized occupied by one person, it is under Bombay High Court of Aurangabad Bench, & can One single person file PIL against it? we have already written complaint to commissioner at municipal council. but due to political pressure corporation not taking any action.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Court fees and stamp duty for succession certificate
How much stamp duty and court fees i need to pay for applying for a succession certificate or probate in mumbai for a flat valuying around Rs. 50 lakhs?