AjayBhullar
24 May 2015 at 20:49
Hello sir, i would like to know that what is the consideration in procedure.
sreekanth
24 May 2015 at 16:08
Sir, My father's elder paternal uncle by playing fraud, behind our back got the self acquired land of my grandfather transfered on to his name through a notarised affidavit which is an invalid transfer. After getting my grandfathers property mutated onto his name my elder paternal uncle sold the said property to various vendee's (Ten plots) after diving the said property into residential plots. Those ten plot owner's (1st Vendee's) who have purchased the said (ten plots) plots intially from my elder paternal uncle have all sold their plots to a resort owner (2nd Vendee) My father along with all the legal heirs of the family who are entitled for a share in my grandfathers jointly filed a partition suit making my elder peternal uncle as defendant No 1 and The resort owner as defendant owner 2 (2nd Vendee), we have not not made the 1st vendee's (Ten plot Owner's) as parties or defendants to the partition suit, who have intially purchased the plots from my elder paternal uncle without our knowledge.Since my elder paternal uncle is the kartha of the family post my grandparents death, As my elder paternal uncle was holding and taking care of the joint property on behalf of the family. All the legal heirs are deemed to be in joint possession and a suit for partition is filed.
My questions for all your honarable members are as follows:
1) will my suit be bad for non-joinder of necesscary parties for not making the 1st vendee's (Ten plot owner's) who later sold it to the resort owner ?
2) Is there any judgement which covers up situvation/case and not making the suit itself bad for non-joinder
3) The suit is at very intial stage its coming up for arguments in the stay petition(Interlocutary Application).Will i be advised to get the pliant amended making the 1st vendee's (ten plot owner's) as defendants to the partition
4) i have reliably learnt that there is judgement with covers up my case from being dissmissed for non-joinder of necesscary parties
5) I am a junior advocate, kindly advice me on the said case. Thanks in advance to all the honourable members here
Tichra
24 May 2015 at 15:22
Hi there,
I have got a ancestral property on which a local politician is trying to build boundary on the property. I have tried getting stay but his lawyer is not appearing in the court and getting dates postponed. After 1 week the courts will be closed for a month and I am afraid, he would misuse his power and construct the boundary on that land where I will not be able to help.
Can you please advise what option do I have?
Regards,
J. Raj george
24 May 2015 at 15:07
Sirs,
A man got a sale deed by undue influence from my mother. She immediately sent a lawyer notice that you got sale deed by fraud instead of Mortgage deed.The impugned buyer then influenced our lawyer by money and threatened my mother and again obtained another agreement to the effect that he need not reply the Notice and the deed previuosly executed is sale deed only and that I gave the notice out of some oral dispute.
Now The case has been filed.
Now I want to know whether
1. the subsequent agreement is valid and
2. the previous sale deed is vaild without the subsequent agreement.
3. In the case of Karnailsigh & Others Vs. Dalip Kaur & ors -Punjab And Haryana high Court in 1995 ( Lawmirror/File No. 8198 )
it has been held "'whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the persion taking advantage under the transaction to show that the transaction was entered into was free from fraud,undueinfluence and to such agreement the party had freely consented after understanding the implication." - CPC,Order 23 Rule 3-A,sec 101 of Evidence Act. Hence whether the above case law is applicable to the above agreement in our favour
4. Whether the above agreement is a compromise agreement under Civil Proceedure code.
Whether the agreement is nullified the sale deed is also automatically void.
Please clarify me sir for further proceedings.
praveenkumarsinha
24 May 2015 at 13:35
i got my property from court partion among my father brother.it was 23 year old partion.
recently few miscreant eliment started claim over my propert and filed civil suitin 2011. his claim was frivolous he said this prop was his in 1920.his objection is that he should also be made party to my father partion .the case in process but his lawyer rarerly come in court.
in the mean time another person come forcefully with 1920 document & claim a portion of property .
to stop this i file a 144 crpc on this land.
i have possession of this land since 1927.i have jamindari receit,contnious receit since 1927.the cs&rs in my favour kahtiyan,recive loan on said land in 1934 by then govt which was lather paid.but not aregistered kabalaof 1927.but unregistered kabala <i signed by consern person.
when in 2011 a civil suit was filed how another person approch in same matter.
what step i should take.
shanthosh
23 May 2015 at 20:35
Respected Lawyers,
My ForeFather had 5 children( 3 Brothers & 2 Sisters ) .
1st brother ( My Grand Father ) got married and he has 4 children ( 1 Son ( My Uncle )and 3 daughters( My Mother & My Aunts ).
And remaining 2 brothers were unmarried and both passed away. 2 Sisters ( My Grand Mothers ) also got married and having children. Elder Grand Mother ( Passed Away ) has 2 Sons and Younger Grand Mother has 2 sons and 1 daughter.
Now the problem is, the land belongs to those 2 brothers who were unmarried and passed away they gave their share of land to my Uncle and he has not yet sold the property. Now he is trying to sell the property.
Whether My Mom ,My Aunts & Remaining persons have rights over the property ?
If Yes . then what kind of precautions we need to take to stop him selling. ?
Thanks in Advance :)
Member (Account Deleted)
23 May 2015 at 18:09
Dear Experts,
My Uncle was made a registered WILL document of 6 acre all ancestral agricultural land to his first son named in the year 2009. WILL document was registered without knowledge of his second son. Then my uncle and his two sons 6 acre equally shared 2 acre each by registered partition document in the year 2010. My uncle was died six month earlier. Hence, please kindly advise me the following my query.
1) Will WILL document legal/valid this stage which was made before partition document and all 3 persons shares included?
2) Can first son claim his father’s 2 acre land by WILL document?
I am looking for your kind advise in this regard.
Thank you for all Experts.
kunhi marakkar
23 May 2015 at 18:08
I sold my sister's property by using her POA at registered office 13 year ago. I was got POA thru her husband from abroad.unfortunately
He changed 1st page of POA which gives details of property.there was no any signature on 1 st page.sister's signature seen only on last page.but I couldn't understand this changes.register officers also didn't tell anything on this.
Sale deed registered.
Due to big increase of property value, now they want get back property.so they black mailing me that they will file criminal case on forgery upon me to get back property.
Brotherin law tells to sister that forgery was done by me.so she also became against me.
Actually I submitted POA at register office directly from courier.I didn't make anything
Now my greedy brother in law looking only money not morality.
If they move with forgery case,what should I do?can I get quashing order from upper court?
Because I have to get minimum 6 month time to face case due to my work
rajan chopra
23 May 2015 at 17:38
Sir can plaintiff file an objection on vakalatnama being filed by the counsel for defendant for the reason that it is not properly stamped as a welfare stamp is missing on it which is necessary and on this ground the counsel for defendant is not competent to represent the defendant.The case is at argument stage and plaintiff came to know this fact when inspected the case file with court permission.
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