sam
17 April 2010 at 22:07
Recently I signed a non registered agreement of property worth 37 lakhs as advance amount
in a 50.rs stamp paper. But the real estate price boomed and now i dont want the sale agreement to get executed and i was willing to return back the advance amount.But the buyer is not willing to accept that and he
is going to file a suite against me to get the agreement executed. kindly
give me advice on this matter.
Debashis Mandal
17 April 2010 at 20:43
Respected Sir,
I would like to know that for scarching of a property which documents are to be taken from the owner - In addition the property was owned by a widow consists of G+1 & out of which 1st floor was gifted to her brother & ground floor was gifted to another relative, again a part of the ground floor was occupied by a tenent with whome after a long legal battel the present owner withdrawn the case & given the portion of tenents occupancy to the tenents, now the balance portion of the property the owner wants to sell to me.
I think question & the situations r clear from my description.
Then pls. give me the advice
Thanks
Debashis
Anonymous
17 April 2010 at 19:35
one of the son of my aunty, without her permission , and without knowlege of aunty mortgage the deeds in the bank by forging aunty signature aviled loan, now she come to know about the loan when recovery personnel come to the home, that property was self earned property of her,now what she should do, and how she take defence from the loan,please advice me about the panel and civil rights of mine,and how can i recover my documents from the bank,
rajesh
17 April 2010 at 18:16
sir, i m selling my property to a builder on AS IS WHERE IS BASIS ,THIS PROPERTY IS IN LITIGATION,now builder telling me that you should handle the case which is in killa court filed by the mens who had given the some amount during booking of flates but same building is now encroched by a lady illegally. so pl. tell me what to do actully i want 2 be safe and i dont want any libility on me.
Anonymous
17 April 2010 at 14:49
Dear Experts, in a suit the plaintiff filed suit for declaration of title and possession against 2 defendants. the 1st defendant was set-exparte in the initial stage, the 2nd defendant contested the suit but decree was granted in favour of plaintiff on 08-12-2005. After decree in 2006, the 1st defendant was died leaving his 4 sons and 2 daughters ( the 2nd defendant is one of the daughter of 1st defendant). But the 2nd defendant preferred appeal without impleading the legal heirs of 1st defendant. Now the appellate court asks question for non-impleading of the LR's of the 1st defendant. Is is possible to implead the LR's of the 1st defendant after 2 years of numbering the appeal or contest the appeal only against the plaintiff as the decree and judgment is only against the 2nd defendant. In E.P. the execution court orders for delivery of possession against the 2nd defendant.please solve my query and provide relevant citations
vineet advocate
17 April 2010 at 13:26
What is the effect of purchasing a stamp paper in the name of employer and getting an indemnity bond in the name of Emolpoyye ? please reply like a lawyer , means with section and acts .
Regards
vineet kumar srivastava
09968742373
Anonymous
17 April 2010 at 11:41
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
Anonymous
17 April 2010 at 11:39
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
AMITS
17 April 2010 at 11:37
Dear sir, I hv a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1977 and mother smt. JD died prior to him in jan. 1977.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children .
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 Which was ) agricultrural land and which was acquired by state houseing board in 1986, although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1996, agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in ,april,1977. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression mark,for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus he pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation.----------------------------- what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other acts.-------------------------------------- just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities through registered mail, but she again did not appeared and as a result board authorities had dissmissed her application to stop giveing compensation to 4 brothers.
actually, the second sister (B) always had very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly, share your precious opinion over this issue , towars solveing it in earliest possible period of time. i am son of one of the 4 brothers.
regards......!
regards
to all the learned lawyers..........!
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selling
i m selling my property which is in litigation on AS IS WHERE IS BASIS,purchaser telling me that a case which is in killa court mumbai should handle by me.he is agree to pay compansation if any.actully my devloper was came in agreement with me and he taken some amount from 8 people,i also signed that doccument but he ran away with incomplete building,now he is no motre and property is captured by third person.so now we 5 person are accused .so wt i should write in agreement for my safety.actully that devloper also not paid my amount for which i was made agreement with him.