Civil Law queries [Resolved] [2490]

Dear Sir/Madam,

I have purchased an ancestral irrigated land (approx 5 acres )from a person of my own village(UP),since he resides in Gujrat & been 65 years old he sold off his property to me & i have made full cheque payment to him, since he with his entire family is settled in Gujrat , he sold the property to me with his consent to me.
One of the reason of selling his land to me is the seller has family dispute with his two sons, both the sons have not taken care of his father after death of mother.

he had sold the land to me in his proper health & with free will.
Now both the sons(age is 40 & 35) have filed a case against me that the registry which i have done should be cancelled.

Please advice on what grounds should i work againt the cased filed against me, I have paid all my money to him.

Rgds,
Pramod Kumar Dubey

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Subrata Banerjee 13 January 2010 at 19:51

Restoration of Tenancy

A tenancy of 37 years were taken back temporarily for demolition and construction of a new multistoried building by an agreement with the erstwhile landlord in conjunction with a developer.Later the agreement was not honoured and it is found that the Landlord has gifted away the property to his blood relatives two years prior to signing the agreement thereby taking the tenancy by fraud with perticipation by developer.An appeal was preferred on a order by the Ld.Civil Judge(Sr.Div) after a late discovrey of fraud from public documents U/o 39R 1 and 2 with section 151 CPC invited showcause within 15 days without the grant of injunction sought produced an injunction by the Ld.District Judge with issuance of notice and response sought within 10 days from the date of receipt.Served.Not claimed by all 32 respondents except three of the respndents none of which are principal parties.What should be the next course of action?Because the respondents are rich,powerful and resourceful they are trying to avoid /delay the action at the legal forum.Further even aftre the lapse of the agreement period 3 years has passed.The erstwhile tenant is going on paying rent at exorbitnat rate none of which has been reimbursed by the parties concerned in spite of express mention in the agreement.What should be done for early restoration of tenency pending disposal of the suit.Is there a scope for any interim order? Crimnal complaint is also filed and suitable directive on police from High Court is contemplated.The Jurisdiction is that of Calcutta High Court.Please advise effective and quick relief.

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Anonymous 13 January 2010 at 14:19

amendment application

Can revesion lie against allowed amendment application

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Anonymous 13 January 2010 at 13:39

Gift Cancellation Valid or Not

GIFT DEED CANCELLATION

My father has 5 daughters and 1 son (me). He worked as a J.T.O in BSNL. My father has registered a will in 16-09-1999. He had expired on 06-12-2004 when he is working in BSNL.

He has written property in Will to my family members as follows.

For 1st sister:
a) 55cents of wetland (self earned by my father).

For 4th and 5th sisters:
a) 5 cents of house site (came from my grand fathers)
b) 10.3/4th cents of house site, (self earned by my father)
c) 92 cents of wet land (came from my grand fathers),
d) Undivided 1/3rd share in 150 cents (My grand fathers property this land was not divided, my grand father has 3sons my father is elder one).

And remaining property (self earned by my father) in Will has written to me. At that time in 1999 iam a minor (14yrs) so he mentioned my mother as a guardian to me. Now iam 23yrs old.

Nothing has been written in Will to my 2nd and 3rd sisters. And as well as to my mother.

My mother is a housewife she will get fathers pension about Rs.13, 890 per month. My mother and me stay together. Iam unmarried and my profession is business.

1st, 4th and 5th sisters gifted their property to me in document with love and affection, for my better future and providing property to me as a fixed asset by executing two separate registered gift deeds dated 17-01-2009. (Actually we have a money deal only on oral not on paper which has been delivered to them). As of my knowledge in the registered gift deeds there is no any condition. And I think that these gifts are unconditional gifts.

Note: I have paid the tax for last 8 years at once and obtained receipt on my name from MRO office before gift deed registration dated: 09-01-2009. (Reason: As I went to obtain No passbook certicate for registration they said that you have tax pending for last 8 years if u pay that tax we will issue no pass book certicate on my sister’s name.)

After 123 days my sisters have cancelled gift deeds without bringing it to my notice by executing two separate gift cancellation deeds on 19-05-2009. My sisters have mentioned cause in cancellation deed as iam misusing the property and iam not having kind on them. (Actually they have demanded more money again after cancellation). I have not given any amount of money to my sisters.

After that my sisters have taken passbooks for the wetland from MRO office. I have known it after issuing passbooks to my sisters. I went to the MRO office and asked them is passbooks issued on my sisters name, VRO said that yes they have issued the passbooks and my sisters have paid tax for this year also.

I have kept a request letter to MRO on 09-11-2009 to mute my names in MRO records as the property has been gifted to me from my sisters and I attached Will of my father and gift deeds executed by my sisters. And I had send that request letter and Xerox copies of the documents to MRO through register post. I have received acknowledgement from him.

My questions:

1. Is Sub registrar officer (SRO) has right to cancel the conditional/unconditional gift that has registered on 17-01-2009?

If SRO has no right to cancel unconditional gift, on which clause we can take a legal action on him.

2. Is MRO has right to issue the passbooks to my sisters for the wetland on the reason that they have cancelled the gift deeds.

If he has no rights on which clause we can take a legal action on MRO.

3. If my sisters have been taken passbooks from MRO only on the basis of Will without mentioning the Registration of gift deed and Cancellation of gift deed is it is legal?

If it is not legal on which clause we can take a legal action on my sisters.

4. and my sisters are threatening and harassing me that if u don’t leave the property which my sisters has been gifted to me, we will file a suit against your property which has been written in will to you on the basis of equal share for ladies. Note: All of my sisters are married after 1985.

Note: But the property written to me in will is absolutely owned (from his earnings) by my father. I have link documents and registered documents of my property on my father’s name.

Is it is possible to my sisters to file a suit against my property on clause of equal share for ladies and to obtain exparty orders like injection?

5. Is there any chance to total of my 5 sisters to file a suit against my property (which is absolutely owned by my father from his earnings and written in will to me)?

6. Is my mother has a right to file a suit against my property?(If in case)

7. If i file a suit against my sisters that this gift deed cancellation is invalid, how much percentage of chance is there for winning? And how much time it takes generally case to be solved.

8. Actually I have to file a suit in Sub court on property value norm, is there any chance to file a suit directly in District court or in High court.

As iam attaching the registered gift deed document and cancellation gift deed document kindly say whether the gift is conditional or unconditional gift.
Iam in confusion and in mental tension due to these civil issues.
Iam seeking for experts advise kindly do needful… and I will move on yours advise.

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Amarita Kaur 13 January 2010 at 12:30

ADJOURNMENT APPLICATION

Want to know if we file adjournment application at district court than do we need to file affidavit of the complainant as well?My matter is fixed for hearing on 16th Jan 2010 and wants to know can i file application for extension of time to file pf/rc as i dont have accused address and if i take adjournment do i have to file affidavit of complainant or put some stam on the adjournment application ???

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