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Krishna   05 October 2011 at 00:13

False gift deed

Hi

We have registered land partition deed between my brothers 30 years back...

I have sold almost all my share except 500Sq yards in the middle leaving for my self to build a house:)...

When I sold the land, my brothers have singed as witness for the plots plots adjacent to my 500 SqYrds plot...

They don't have single inch of land near my plot. They have also sold their portion of the land which is beyond the plots I have sold for which they have signed as witness..

Recently from last 2 years one of my brother is trying to grab my plot, as I am not staying locally...
I filed a civil suit and got temporary status-co order from the court. While in the process of getting permanent status co, my brothers have managed the judge and got the status co order vacated...Its very clear that they have bribed the judge to get this done.

Now recently a month back my brother is trying todo some construction activity at the site, and when I inquired in the sub registrar office I came to know that my brother has gifted the my plot to his son without any base...

The point he has mentioned in the registered gift deed was, we have decided to make partition orally some time back and both brothers signed and got the gift deed registered.... This is another bribing case at sub register office...


This is very clear that my brother is trying to cheat me with this false gift deed....I have procured all the registration documents which he has witnessed when selling the plots...


My advocate suggested that I have to file declaration suit paying the stamp duty to vacate the false registration done by brother

What are my options to file criminal cheating case against my brother?

What are my other options to come out this issue?

Anonymous   04 October 2011 at 23:52

Limitation period for recovery suite

From which date/point of time, limitation period starts for a case of recovery suite?

The date on which money was paid or the date on which a part of amount was refunded last time or after that when dispute was arise/noticed

V.V.RAMDAS   04 October 2011 at 22:50

Related to motor vehicle act 1994

Sir/Madam,
I would like to know the correct position of Law undr M.V.Act- that A person Purchaged a new "Mahendra Bolero"jeep/van
for commercial purpose and registed the same after 13 days of purchage before the local RTO and the vehicle was also duly insured and on 14th day, it mate an accident and the vehicle was damaged.He claimed insurance company for own damage but the insurance company repudiated the claim as there is no permit. Now my question is whether the insurance company is correct or wrong?If correct-How and if wrong-how. Please let me know the correct position of law.

Anonymous   04 October 2011 at 22:33

Ni act

money lent in 2005
part payement made in cash n in cheque
cheque bounced in 2005
case filed
fro the date of filing of case no summons r served
what remedy we can press now in our favor in court as summon is not served in any way till today

Anonymous   04 October 2011 at 21:27

Noc grated

Respected Sir,

One of the flat owners of our society was granted an NOC in the year 2003 by me. Now there are claims of property tax and ground rent on that flat from 1990 to 2003 and the new owner of the flat is claiming that money from me.

Please guide as i had given the NOC for only maintenance charges.

Please assist.

Anonymous   04 October 2011 at 20:19

Tribunal act 83(9) in article 227.

Gime me openion regarding power of High Court over rulling of Wakf Tribunal.

Anonymous   04 October 2011 at 19:12

Details under rit

Sir,
Having worked in the government organisation my relative had obtained loan from his office to build a house after submitting all the requisite documents to his office The plot of land was got allotted from a registered employees’ cooperative housing society for the construction of the said house. Presently the house construction had already been completed and he is residing in the premises. However, it came to be known that the allotted plot of land was earlier allotted to some other member and recovered from him as the initially allottee member had not complied the Society’s agreed conditions and after due legal procedure as per the Society’s bye laws the plot of land was recovered from him for reallotment. This had gone into litigation and now the case is in the Supreme Court (the operation of an order of lower court is stayed). Meanwhile, under the guise of RTI, a series of set of queries by the initial allottee of the plot of land (and his associate or whoever), are being put to the office where my relative worked.
In this regard, I would I would like to have the view of the experts on the following:
a) The details pertaining to the sanction of government loan to my relative is purely personal. It is not in public domain. Can this information be sought by any other person who is no way related or concerned or aggrieved? Whether is it mandatory by the office to furnish the details if asked under RTI?
b) Can my relative request or direct the office not to part the information relating to sanction of housing loan to any one.
c) My relative is apprehending that whatever information is obtained under RIT might be used to build a case which would be another nuisance causing unnecessary anxiety.
Kindly advice.

Anonymous   04 October 2011 at 18:14

Probate and letter of administration...


A Probate judgement says -

" The petition is allowed and i hold that the petitioners are entitled to Letter of Administration in respect of Will with subject to petitioners furnishing -
Estate Duty clearance
Valuation Report
Requisite Court Fees
Administration Bond and
One Surety."

If i have sold a part of the above said property without giving any of the above things namely Estate Duty, valuation report. Admin. Bond or surety.

1. What will be the consequences,have i done anything wrong.
2. Will that sale be a valid and legal sale.
3. Is the Title been transferred to me or it will be transferred only after i do all the above acts as paying duties etc.
4. Will the Will come into force and the ownership of the property to me only after i do all the above said acts or it does not makes any diff.
5. What is the validity of will before all the said acts are done.

Thanks...

Anonymous   04 October 2011 at 18:11

151,152,153 of cpc to amend the decree

Dear experts please answer my query,

Trial court dismissed the plaintiff case.

Appeal made, and The High court reversed the order and Decree the suit.

Defendant made appeal to Supreme court. Leave granted, but appeal dismissed conforming the decree of high court.

1.If the plaintiff ( respondent in supreme court) want to amend the decree u/s 151,152,153 of CPC, in which court he have to file application to amend, in High court OR in Supreme court?

2.What will be the type of application it will be? ( like IA, WRIT)

Thanks in advance.

Ramasamy   04 October 2011 at 17:24

Advocates act

Dear Sir,

One “X” who alongwith his father “Y” were partners in a partnership firm and his father is the Managing Partner. Thereafter the said “X” has retired from the partnership firm since he wants to enroll himself as an advocate before the Bar Council. Then the said Partnership Firm has filed a civil suit in the name of the partnership firm for praying certain reliefs as against some third parties. Such a civil suit was filed in the name of the said partnership concern but the Plaint and that of related case papers are signed by the said “Y” as a Managing Partner. But the partnership concern has engaged the said “X” as its Advocate to represent and conduct the case before the court of law.

In this regard, I am having a reasonable doubt as follows:

(a) Whether the said Advocate “X” can appear for the said partnership firm in which he was a partner before his retirement for enrollment as an Advocate?

(b) Whether the said Advocate “X” can appear for the said partnership firm in which his father “Y” is designated as a Managing Partner who still signing the case papers on behalf of the said Partnership firm?

Kindly clarify the related issues arising in this matter.

Thanking you………