charana
16 May 2012 at 14:56
Dear Sir,
Consider my grandfather is having two children by name A and B. Can he will/gift/register the ancestral property to son of B[grandchild] without the notification/consulting son A.
Please provide us the suggestion. Thanks in advance.
M Satyanarayana
16 May 2012 at 14:05
Sir,
I filed partition suit in my mother's property and High Court declared 1/3rd share each to myself my father and sister. My sister with ill motive and malicious intention created unregistered relinquishment deeds executed by me and my father by photocopying the signature on documents and filed in the court when I filed for final decree proceedings. I raised objections for unregistered relinquishment deeds under Registration Act, Indian Stamp Act and Transfer of Property. The court allowed the unregistered deeds but not marked and it will be considered at the time of final decree.
My question is trial court ought to have examined and considered at the admission stage only under Section 61 of Stamp Duty Act. Why the documents are not examined at the stage of admission when the objections are raised regarding registration and insufficiency of stamp duty.
Please let me know what will be the procedure in the present case whether my shares in the property will remain intact. I am afraid my sister is very cunning and cruel she may take advantage of my ignorance about the law. Further there is cheating case pending against me she filed the photocopy of the same documents to register criminal case against me. Please suggest me what course of action to be taken. This has happened inspite of advocate from my side.
Thanking you,
MSN
Rajesh
16 May 2012 at 12:39
In continuation of my earlier query few days ago, I am further soliciting experts legal opinion on the legal problem faced / contested by me . Brief Legal Problem is as follows :-
An agreement to sell 40 kanals of agricultural land situated in Haryana was signed on dated 30.6.2004 , where the Seller received half of sales consideration amount ( Rs 7.5 lakh) as earnest money from the Buyer and gave possession of land “on spot” as per terms of agreement and rights to sell agricultural produce grown over it. The Agreement was not registered.
Buyer failed to execute the registration of sale deed on fixed date 30.12.2004 . On the request of the Buyer, the Seller extended the Date of Registration to 30.4.2005 and endorsed the extension by signing it on original copy of Agreement but without giving any reasons for extension. Again , the Buyer failed to execute Sale deed for the want of balance sale consideration and pressurized the Seller to extend it further . The Seller, keeping in view the existence of good relationship , extended the date of execution further to 30.12.2005 . All extensions were endorsed in writings duly signed by both but without mentioning reasons for giving extensions . In between. the Buyer didn’t give any further money to the Seller .
As the date of execution (30.12.2005) was approaching , the Seller, keeping in view the past behavior of the Buyer, was regularly contacting the Buyer and reminded him at regular intervals over telephone about the date of execution and keeping the drafts ready of the balance sale consideration.
On the date of Registration(30.12.2005) , When the Seller reached the town and went straight to the Buyer’s house at around 9 am and told him to about Registration . The Buyer again stated that he had not arranged balance sale consideration . The Seller told him that he was reminding him regularly over phone about this and told him that he wants registration in all circumstance today. In his response , the Buyer stated that he will try to arrange the money ( Rs 7.5 lakh) and meet you in the office of Registrar .
The Seller, thereafter went straight to the office of Registrar and waited there for the Buyer . The Seller, as a precaution to protect his legal rights, marked his attendance with the Registrar before lunch time and waited till 5 pm there for the Buyer. The Buyer didn’t turn up there nor he tried to contact him over his mobile. Meanwhile, the Seller met the Buyer again on next day , again he requested for extension of time , which the Seller refused.
After that, the Seller served upon the Buyer notice rescinding the contract and thereby forfeiting the earnest money amount. All types of negotiations failed to resolve the matter amicably .
After nearly a year i.e 30 .11.2006, the Buyer filed Suit for possession by way of Specific Performance against the Seller . Buyer in his plaint admitted taking of possession of suit property.( Seller in his replication accepted the agreement also). The Buyer has stated in his Plaint that on the date of execution , the Seller didn’t turn up for registration and he was Rs 7.5 lakh in cash , which he had taken from his commission agent in cash ( friendly loan without interest) on the same day morning . He waited in the court for whole day and Seller didn’t turn up. He also stated that he returned the money ( in cash) to Commission Agent next day . He stated that he got marked his attendance with Registrar.
But , As per records of attendance, the Buyer is last but second person to mark attendance , whereas the Seller marked at around 10 positions earlier. The Buyer came to the knowledge of the seller marking attendance with the Registrar through his friends in court and he also got marked his attendance with Registrar at the fag end of Day .
As per facts available with Seller ( Defendant) , the Buyer was not having any bank balance from the date of agreement till the filing of Suit and had not taken any constructive step for execution of registration like purchase of stamp papers, Drafts of balance sale consideration or contacted Seller over his mobile etc..
Experts Opinion Required on the Following:
Ist - Can I take a argument in Defence being Seller that “time was essence” since Defendant was regularly reminding ( four times contacted)the Plaintiff over his phone before 30.12.2005 for last date of execution and was stressing for keeping balance sale consideration in Bank draft/s ready and also told verbally in clear terms several times that no further date of extension would given beyond ( 30.12.2005) .
2nd – In his replication , Plaintiff has taken a plea that since price of land have gone up in the area substantially after the date of signing agreement ( 30.6.2004 ), the Defendant was refusing to complete execution and in fact it was he ( seller) requested for extension of dates ( twice) and he( buyer- plaintiff) agreed to such extensions because of good relations. Pl suggest , How to counter such argument effectively?
3rd – Pl Suggest to me points which I should ask in cross examination of Plaintiff.
Gourab Sen
16 May 2012 at 11:45
Sir,
Part Of a Will is Valid.
e.g,
My grandfather had made a registered will 25 yrs ago , original is lost but the certified copy is there with me.
Out of 10 property mention in will , 9 had been sold and gifted by my grandfather in his lifetime,only 1 property is there in His name.can I get the probate on the single property left in his will?
Kindly advice
vinaykala
16 May 2012 at 09:03
dear sir,
i have filed a suit for possession for my floor usurped by my brother who has been running an unauthorsed guest house on it for
7 yearrs.
the local commissioner appointed by del high court has given a report that it was a guest house.
the defendant has given an undertaking to court that he shall pay market rent if i win the case.
my cross ex is on and with 50+ docs in my favour and they have none . in short i shall win the case.
this is the background.
now the query
the high court has fixed may 26 for mediation on the request of def and then agreed by me.
i just want to know the following
1. if the mediation fails does the record anything in writing and reasons or just a one line order that the mediation meeting has failed.?
2. does he call the plaintiff first, then defendant and then all four of us , lawyers too.?
if mediation terms are accepted by both parties what does he do ?
thanking you
vinay kala
may 16,12
milind phope
16 May 2012 at 07:21
I have made a complaint to police regarding my new flat which is under construction.The builder has taken a token money Rs.1 lakh and given me a receipt,but now he is avoiding to go for aggreement.
Police says that,I should go either to Consumer court or Grahak Panchayat. What is the legal standing of Grahak Panchayat and consumer court.Does my case comes under either of these two.
Kumar Krishan Agarwal Advocate
16 May 2012 at 02:04
Dear Sir,
I have booked a flat in Delhi NCR region of Rs 40 lakhs. I have given booking amount Rs 4 Lakh. Now with in 60 days the builder send notice of Rs 16 Lakh. After that fix another date after one month of Rs 8 Lakh. Although the builder will handover the flat possession in two years from the date of booking. he also mentioned delay payment charges rs 24 or 36 % per annum if the payment will not given on time on demand.
Q1. Now Question is that can a builder may charge such heavy interest rate which is out of law under Indian Laws. The builder also selling parking area which is void according o the latest judgment of SC that builder has take no charge of parking area and may provide parking freely.
Q2. If the builder is adamant then how can I take legal action with any court fee in CPC on Rs 40 Lakh property and how can I take legal action's under various civil and criminal law in India. ?
Amit Mewar
15 May 2012 at 21:39
I used the services of Vtrans packers and Movers to transfer my Bike from Pune to Kotdwara(Uttrakhand) on 31st March 2012. He promised to deliver it within 10 days. When enquired after 10 days he said that it will reach soon. From there on his stories started and everytime we call him Bike is either in Gurgaon or some other place in Haryana. The person (Kuldeep) always gives number of some random Truck Driver who is supposed to deliver the Bike but till date(15th May 2012 it has not been delivered. All this time the attitude of the concerned person (Kuldeep) from Packers and movers was rude and unsupportive. He was even brave enough to say that Bikes keeps on getting lost like this.
What should be the course of action. Can I file FIR at Kotdwara Uttrakhand, where that bike is supposed to be delivered. How to approach consumer court for the same?
Booking Date:31/05/2012
Consignment Note No. 630
Amount Paid : 3500 INR
Delivery Status: Not yet Delivered
Packers and Movers Details
Plot No. 69, Sector No. 23 Transport Nagar, Nigdi,
Pune - 44 Maharashtra,(INDIA)
info@vtranspackers.com
kuldeep@vtranspackers.com
+91 20 32420647
+91 8806552236
+91 9762052236
Thanks and Regards
Amit Mewar
09552555167
BISWAJIT ROY
15 May 2012 at 20:20
Husband died leaving WIFE and SON. WIFE remarried (Registered), SON is using the surname of present husband of his mother. what will be the share in the immovable property as per the Hindu law of the property of deceased husband and father respectively?
And also what share in the immovable property of the mother (i.e. mother on law and grand mother)of deceased husband and father respectively?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
If the gpa between family members.. does gpa becomes invalid, if the executor dies?
Hi,
My Grandmother executed a GPA of our current residing property in favor of my mother. last 3 months back.. my grandmother passed away. now my question is .. Does GPA becomes invalid, If the executor dies? .. Are there any exception, since this GPA is between family members? .. Thanks in advance.