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vinaykala   12 April 2011 at 21:59

ORAL SETTLEMENT, CAN A PERSON BE SUMMONED TO DEPOSE IN A CIVIL SUIT.

DEAR SIR,

MY MOTHER WILLED HER PROPERTY IN DEL TO HER 3 SONS IN THE MANNER BELOW:-

GF TO MY UNDER BROTHER, FIRST FLOOR TO MY YOUNGER BROTHER AND THE THEN UNCONSTRUCTED SECOND FLOOR TO ME.

MY YOUNGER BROTHER UNAOTHORISEDLY CONSTRUCTED ROOMS ON THE SECOND FLOOR OWNED BY ME AND IS RUNNING A SUCCESSFUL GUEST HOUSE.

THE WILL WAS PROBATED BY DELHI HIGH COURT IN 1995.

I WROTE TO MCD ALL ALONG AND THE FORMAL ORDERS FOR DEMOLITION WHICH WAS DONE IN APRIL 1999 AND SUBSEQUENTLY , WAS PASSED BY
MCD BUT IN CONNIVANCE WITH POLICE HAVE NOT DEMOLISHED AND ALLOWED THE GUEST HOUSE TO RUN.

I HAVE FILED A SUIT FOR POSSESION AGINST HIM, MESNE PROFITS AND AGAINST POLICE FOR NOT STOPPING ILLEGAL GUEST HOUSE ACTIVITY AND AGAINST MCD FOR ITS FAILURE TO DEMOLISH IT.

MY YOUNGER BROTHER HAS TAKEN THE PLEA THAT THE SECOND FLOOR BELONGS TO HIM AFTER AN ORAL SETTLMENT WAS REACHED WHERE HE RELINQUISHED HIS SHARE OF LUCKNOW PROPERTY FOR THE SECOND FLOOR OF DELHI HOUSE.

THE LUCKNOW PROPERTY WAS WILLED TO ME AND HENCE THE QUESTION OF SHARE OF ANY BROTHER DOES NOT ARISE.

MY QUERY IS :-

1. SHOULD I GIVE AMONG THE LIST OF WITNESSES NAME OF MY ELDER BROTHER WHO SAYS HE SHALL DEFINITELY DEPOSE THAT THERE WAS NO ORAL SETTLEMENT.?

2. THERE IS SOME SAY, 10 % CHANCE THAT HE MAY NOT DEPOSE AS HE MAY NOT BE WILLING TO GO INTO THIS HASSLE.

3. CAN THE COURT SUMMON HIM AS A WITNESS IF HE DOES NOT COME TO DEPOSE? IF CALLED HIS DEPOSITION WILL BE IN MY FAVOUR AND FOR TRUTH. HE IS ON NOT GOOD TERMS WITH MY YOUNGER BROTHER WHO IS THE DEFENDANT.

4. AS I SAY MY ELDER BROTHER SAYS HE SHALL DEPOSE IN MY FAVOUR. MY LAWYER SAYS THAT WE SHALL NOT PUT HIS NAME IN THE LIST OF OUR WINESSES BUT LATER ASK PERMISSION OF THE COURT TO PRODUCE HIM AS WITNESS.

SIR, KINDLY GUIDE ME

VINAY KALA

APRIL 12,11

Jatinder Ahuja   12 April 2011 at 20:48

Eviction order

the period of limitation in which the appeal can be file against eviction order to session court

Anonymous   12 April 2011 at 19:30

BUILDING REGULARIZATION JURISDICTION

Sir,
If a building regularizastion has been rejected by the municipal corporation on the grounds that the application made by the party does not satisfy the rules of the corporation.
Can the party approach the court against the deceision of the municipal corporation for rejecting their application for regularizastion.

arpita   12 April 2011 at 18:57

doctrine of relation back

where is doctrine of relation back applicable? where all it can be applied? and why it has been repealed from hindu maintainance act?

Anonymous   12 April 2011 at 17:39

What are the precaution to be taken while purchasing property?

What are the precaution to be taken while purchasing property?

mukunda   12 April 2011 at 16:37

termination of joint development and GPA

Mr.X has a self owned property of 1 acer 27 guntas, aged about 80 years, he has 4 son one of the son is a fraud he took Mr.X to the sub registered office and signed up a joint development agreement and a GPA with a builder and they have mentioned a cash paid of Rs 30,00,000/- in the joint development agreement and has put a witness of some third persons, Mr .X is an illiterate practically 80 years old man cannot manage a amount of 30 lakhs, Mr x as filled a police complaint on the builder, witness, and his fraud son, what r the steps for the cancellation of the joint development agreement and GPA.

Anonymous   12 April 2011 at 16:32

Acceptor .

"Acceptor for honour": 1[When a bill of exchange has been noted or protested for non-acceptance or for better security], and any person accepts it supra protest for honour of the drawer or of any one of the endorser, such person is called an "acceptor for honour".

query : what do u mean by supra & noted in the above para & also the meaning of acceptor for honour.

Ravinder reddy K   12 April 2011 at 15:30

How long it takes to dispose the case pending in Highcourt at the final hearing stage.

Hi,

Kindly do let me know how long it takes place to get the case disposed pending in the High Court at final hearing stage.

J.Somasekara   12 April 2011 at 14:17

Execution petition

My landlord filed a case against me for recovery of rent and vacation of premises and obtained a decree in his favour. I could not appeal against the same as my advocate was out of station. He filed EP though we contested we could not secceed. Now he has got execution order. Can I go for appeal in High court agaibst this Execution order. Please guide me.

Anonymous   12 April 2011 at 10:18

Case status after death of Petioner / Complainant?

I am 65 yrs. and complelled to file Civil as well as Criminal cases against some relatives due to frauds and disputes etc.

What will be the fate of such cases in the event I die ? Will the cases continue with my wife or daughter or son in law on record? Pl. guide.