Advocate.S.A.Siddiq
09 December 2010 at 16:57
If you are owner of the building file R.C.O.P case to Court. If you are public file PIL ...
brijesh sharma
09 December 2010 at 15:30
"What is the rule position for House rent Allowances who are living in their own/parental house within the municipality?Is Owning houses employee are bound to accept the focibly alloted Govt.accomodation or forefieted his HRA? or owning houses employee is entitle HRA in accordence of HRA rule/para7 ? Please speak actual rule position because many of tha court are not providing actual position.
Anonymous
09 December 2010 at 15:21
Can a POAH give evidence on behalf of Plaintiff if yes then kindly give citations
about it
Balaji Bakthavathsal
09 December 2010 at 12:48
We are living in our ancestral house for more than five decades. The property is in our possession and occupation till date for which the municipal taxes, property taxes, Water & Electricity charges are being paid by us periodically.
While so, a fraudulent lady in the year 2007, with the help of a forged/fake will purportedly written by her husband which does not have detailed description of our property or his relationship with our family, claiming rights on our property, stated that her husband is the only son to her father-in-law and her father-in-law is the only son to our grandfather and gifted our house to her son and registered the gift deed in favour of her son.
As per the Gift Deed Act, when an immovable property is gifted, the Donor should be the Absolute Owner of the property. Though the property is registered in the very same sub-registrar’s office in my father’s name, floating the rule mentioned in the Gift Deed Act in the air, the Sub-Registrar went ahead and registered the Gift Deed, succumbing to the pressure from his higher officials or politician or financial gain(Bribe) . When the sub-registrar was questioned on how he registered the gift deed while the property is not in the name of the Donor, but in the name of my father, the sub-registrar very cooly replied that it is none of his business to verify the ownership of the property and as per the Rule 55 and Section 34 of Registration Act of India, he can not deny any registration as long as the two concerned parties are identified and their identity verified and advised us to approach court for cancelling the Gift Deed registration. I am of the opinion that the Section 34 and Rule 55 of the Registration Act will not apply for the Gift Deed Registration. Am I right ?
Thus, for no fault of us, we are forced to run from pillar to post and subjected to financial and mental stress apart from spending invaluable and irrecoverable time.
Is the Act of the Sub-Registrar Correct ?
Can the Sub-Registrar who caused serious damage to us, whether he is in service or retired be sued in the court of law for damages caused ?
The fraudulent son who got our ancestral house from her fraudulent mother, created encumbrance on our house by making a Sale Agreement and registering the same in the very same sub-registrar’s office. Knowing that we are initiating criminal action on him, he hurriedly filed a false civil suit in the local district court just to escape from the clutches of criminal action by police. Interestingly, though the Gift Deed stated that his grandfather is the only son to his great grandfather and his father is the only son to his grandfather, in the false suit filed by him he mentioned that his grandfather was one among the four sons to his great grandfather and claimed “one-third” share (the ratio is not understood) of the property. Another interesting part is that though the great grandfather owned a lot of properties, he had claimed his share only on the house. The court too accepted the suit filed by him and issued notice to the respondents. Here is my question on our legal system. Can a court simply accept the petitioner’s statement without any documentary evidences to the facts stated in it and admit the suit ? When he is claiming as a Legal Heir, doesn’t he need to endorse legal heir certificate ? Doesn’t he need to produce enough evidences to show that he is legal heir ? He simply filed the suit endorsing the fraudulent Gift Deed, a false family genealogy without any supporting document and paper notice issued by him. As his intention is just to protect himself from the apprehension by the police using the civil suit as a shield, he did not appear to the court and court dismissed the suit for default. Thus, the respondent were done a grave injustice without being heard. Had the court enquired the respondents, the respondents would have proved the fraud played by the plaintiff but the court did not do so. Does the court takes it granted that only Plaintiff is genuine and the respondents are to be ignored ?
After the dismissal of the suit, the fraudulent person re-surfaced and appealed for revival of the suit which was accepted by the court. Again, he prolonged the suit by absenting on the dates or changing the lawyer and pleading for time and finally the suit was dismissed for the second time, again for default. In the meantime, when the suit is pending, the fraudulent person executed Power of Attorney to a local property grabbing mafia on the entire property whilst the suit is for one-third share and that too is in pending stage. Later, the fraudulent person after making some money on our property, cancelled the power of attorney and kept cool. In the mean while, though the power of attorney was cancelled by the fraudulent person, the power agent, knowing that it has been cancelled, hurried and made a sale deed and registered the same in the very same sub-registrar’s office well after the cancellation of the Power of Attorney.
It is pertinent to state that the sub-registrar who registered the sale deed was very well aware of the facts and he was included along with the District Registrar as respondents in one of the suits filed by the true legal owners of the property and was served notice by the Munsif Court which was signed and received both by the sub-registrar and district registrar. Since both of them did not appear for the hearing, they were declared ex-parte and despite the fact, the sub-registrar went ahead and registered the sale deed again quoting the Rule 55 and Section 34 of the Registration Act of India.
Thus, the sub-registrar caused severe damage to us by
1) Registering the Gift Deed without verifying the absolute ownership of the property
2) Registering the Sale Deed despite the fact that he has signed and received the court notice including him as a respondent and made as ex-parte
Under these circumstances, please let me know whether I can file a suit against the Sub-Registrar ?
Anonymous
08 December 2010 at 23:30
In a money recovery suit, the plaintiff marks documents through its only witness. But after marking the documents, the witness did not turn up for cross examination on a few occasions. The court closes plaintiff side evidence. The defendant offers no evidence. Now, the suit is at the stage of arguments. Can the court rely upon the documents marked through the witness who did not turn up for cross examination?. Is there any judgement relevant to the said circumstance?
Anonymous
08 December 2010 at 22:49
Can a person who is not party to the suit can file application u/s 151 CPC recalling order passed by the court between parties to the suit.
Anonymous
08 December 2010 at 21:05
Honorable Expert,
i want to know the legal action which could be launched against a transportor who is running his office at residencial layout.
please, advise legal action and also administrative complains etc.
Anonymous
08 December 2010 at 20:38
Sir,
I have filed an OS for Temporary injunction & mandatory injunction for relief in unauthorized construction which harms my rights.I am petitioner & the offender is defendant. Can I make make the Commissioner of City Corporation a party as defendant no 2 when the case has reached filing objections.? because he is not taking any action in demolition of unauthorized construction.Or will it make a delayed process. Please guide.
miraclemaa
08 December 2010 at 20:26
my friend borrowed a credit card limit30K. one loan worth 52K. he paid 10 installments out of 18 installments.he also paid to the credit card for many times @minimum due.he contact the bank for settlement.the bank official said too much amount.many persons are threatening him. his age more than 60.what is the solution.
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declaration of self acquired property
Ours is an HUF we are staying in bangalore seperately. We both are govt. employees and are having separate income. During 1993 we had purchased some land at my husbands native place. And we have constructed a house there. My inlaws and brother inlaw are residing in that house. Consequent to the marriage of my brother inlaw, my husband has filed a suit for the partition of the ancister poperty and also for the declaration of the self acquired property. Sir please guide us whether self acquired property is also to be treated as joint family property or not in our case. We have filed the suite in 2008 november how many more years will it take for finalisation.