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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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welcomeoncloud9   17 July 2012 at 03:23

Special leave petition for interim relief

Dear Sir,

We have ancestral Properties , Now one of our Brother out of 8 have executed a sale deed on one of the Property , with only mothers signature on sale deed. so we challenged the sale deed in lower courts and after defeating in this courts , our brother appealed in High Court and even in high court he lost the case and oral judgement and order was in our favour for cancelling the sale deed , as the sale deed was done without our consent. Now aggrieved with High Cour , our Brother has filed SLP for interim relief in Supreme court , SLP is just filed and Not yet admitted by SC. Now matter between all brothers have resolved and we are ready to give our consent to the sale Deed of that particular property and accordingly(in lieu of) he relinquishing all his rights and interest of whatsoever in all other ancestral properties from paternal and maternal side , in which he is legal share holder ( as one legal heir). our settlement basically is we giving consent to his sale deed and in lieu of which he is relinquishing all his rights to all the ancestral properties including ancestral house. so in view of above settlement , our brother wants to file our consent terms in SLP format before admission of SLP ( Without granting the leave), Note: our mother is alive and she too a petitioner in SLP, so i have following queries :
1) is SLP time bound after the High cour order?

2) Is filing of consent terms a correct procedure to settle this matter so that the fight between brothers ends and no one interfere with each other ?

3) what is SLP for interim relief means?

4) we are told by him and his lawyer that consent terms filed in SLP is the correct procedure to resolve the issue and once filed in SC , one cannot appeal any time in future.

5) Do u need to wait for the admission of special leave before filing consent terms in SC? cause we have not received the notices as yet from SC, as the HIGH court oral Judgement and order is dated 9 /12/2011.

6)one of our brother who was one of the respondent in high court is dead bachelor so do we require to mention his name in slp as he was alive when high court case was filed?

kindly suggest .......

nayak   16 July 2012 at 19:45

Gift deed cancellation

hello sir .A had married B in 1970 and has 7 daughter and 2 son ,but A had also registered marriged C illegally in 1985 without giving divorce and permission of B.C has 1 son D.A had executed a registered gift deed to C and D jointly in jan 2012.a had taken property in 1978 with the aid of B's father and also from income of A's father for which there is some document but not exactly mentioning it, wheather B along with all children can appeal court for cancellation of g.deed.during that time A was in bad health conditon and a died after 1 month 3 days of executing it ,(in hospital), in death summary it is said that he was in bad health condition from many days ..c criminally had done this without telling b that he was hospitalised and a deed has been done.after a death only b was informed ..the age gap b/w A and C is 26 yrs(ie a=45,b=19)and in the gift deed they have mentioned that c and d are there absolute wife and son wheather this statement is correct.please do guide me how to cancel this gift deed ...the stamp duty was calculated on treating c and d as wife and son which is illegal as they are not legal people an adv advised me.the stamp duty was not properly done,

Sameer   16 July 2012 at 18:40

Unregistered agreement to sell for immovable property.

Dear All,
I have entered in an agreement to sell my land with one person the land was in many parts(Survey Number)hence as the payments was cleared i had sold the land to that person but at last two instalments were not paid by him and now he is pressing me to take that instalment amount now and make sale deed in his favor, what shall i do, the agreement to sell is on 100 Rs Stamp and not registered
does the agreement to sell will be enforsed by court, what shall i do,as written on the stamps he has not paid me the instalments.pls help.

karuna kanta gogoi   16 July 2012 at 17:24

Allotment of stilt car parking at chs

sir. in our society i we have 12 member & equal nos stilts parking slots .should society can do allotment by lottery fore ever & is it legally permissible as per bye -law?

Adv. Hemangi Jade   16 July 2012 at 17:18

Succession certificate in case of bank locker.

Dear experts,
My Client's uncle died leving behind Bank Locker in Maharashtra (where contents therein are unknown).
1) For what should I apply.. Succession Certificate or Heirship Certificate?
2) In case of Succession Certificate how to calculate Court Fees as contents of Locker are absolutely unknown?
Please guide.

muthu   16 July 2012 at 16:58

Gpa problem and need ur support for gettting new order

I have a revenue site in Bangalore (now it comes under BBMP limit, but when I purchased it was under Panchayat limit). Owner “ X “ has given a GPA( Notary GPA and not registered GPA) to “ y “ and “ y “ has formed that layout. “ X “ has 3 sons and 2 daughters. After real owner(X) death,” y” has executed his(X) GPA to someone .Mean time, Sons of “ X “ have taken power and sold those sites which were executed by GPA holder after their father death. I have taken my site from the sons of real owner(x) after his death. Since, somebody advised me that “ GPA “ will not be valid after death of Donor. After my purchase, I have been in possession and having small house with Electricity connection and tax paid etc. Now my query is whether my sale agreement will be a valid one or not ?. Second : first owner of my site ( who they taken from GPA holder)simply they filed an Objection suit and they forced me to come for settlement. Due to this i couldn’t do my further extension of building construction. What should I do to fight against his O.S and how can I start construction by getting any new order ? Simply they are dragging that case and My lawyer is telling that let us wait for some more time to get order since they filled O.S. Tell me what should I do (filing application)to get injunction or order to start my building construction further legally. ( so far, I don’t file any case against the first owner since I am in possession)

kamal   16 July 2012 at 16:36

Copy of court judgement

civil suit was decided exparte on 11/05/2012.i was supposed to file appeal within 30 days from receipt of certified copy of judgement.so far i have not applied for the same . can i do it now and appeal within 30 days from date of delivery ofcertified copy.kindly note that courts were closed from 15/06/2012 to 15/07/2012

RAJESH   16 July 2012 at 14:27

Fake signature made by bank in my loan document

Dear Sir

I had taken a loan form SCB in last month, but due to scb executive had made my fake signature on document & violate the terms & condition like Last EMI waiver, Loan Disbursement as well as Rate of Interest.

I had send approx 25 mail to SCB Bank but bank is not agree to accept this. My signature is not matching with the signature of Loan Document.

Please advise me in this case, I had denied to pay the EMI as well as intimate my bank to stop the SCB bank EMI.

Bank sending executive to my house as well as making the threatening call to me.

I want to registered a case of fraud on Bank regarding this fraudulent activity.

Regards

Rajesh Jaiswal

nagarajupatro   16 July 2012 at 13:46

Title

A AND B SOLD AWAY VACANT SITE TO ONE X BY EXECUTING A REGISTERED SALE DEED hoping that both have right and title over the said property, later B came to know that A DON'T HAVE ANY RIGHT OVER THE PROPERTY. SUCH REGISTERED SALE DEED IS VALID as per law OR NOT? how can B challenge of the said sale for restoration of his right over the property after the lapse of 10years, and what would the out come of that challenge