Khushee
07 May 2015 at 12:59
Dear sir,
My father in law wrote a will thru advocate. According to tht will he gave some self own property to my husband. There are 2 sisters and 2 brothers in family.
Now is it neccesary to take haksod patra from them. The property can be registered thru property card.
Pls advice
Khushee
Member (Account Deleted)
07 May 2015 at 11:28
Sir,
My opponent (victor) filled a petition for final decree in (land partition civil case) district court. But land has 5 separate portion in one survey of 6 acre land in revenue records. Court normally measures survey wise. Please guide me the following query.
1. Can I give petition to measure the land in portion wise because some places soil down within 2feet rock?
2. Can I file a physical possession relief petition along with?
Thanks
Marimuthu
Anonymous
06 May 2015 at 23:23
I am selected in a good govt job.
I have taken coaching from delhi,
my rank is good and now in a ceremony coaching wants to honour me and cash prize.
Now the doubt is that
1.Is there any leagl problem accepting prize as I had sudied in that coaching and really a lot credit of my success goes to it ,coaching dont ask me any favor in return.
2. Should i give tax at this prize and what will be the tax rate.
kumar
06 May 2015 at 22:29
Hi
My grand father brought property in my home town and sale deed on my grand father, my brother and my name.
i have a sister who is divorced and in living relationship with somebody. She is claiming that she has right over my grand father property. If they prove that my grand father brought that property after selling some ancestral property whether she will get share on current property?
she had four children and after divorce she never look after her children and those children are with their father till now. in future whether they can claim that they have share in this ancestral property?
If we brought some property after selling ancestral property the other people who has share in sold property can claim on brought property even their name not there in sale deed brought property?
and if we loose the case in district court is there any chance that we can go to higher courts?
and if somebody who has right on particular property want to release their right how can we get it done? with out re registering entire property?
sandeep rane
06 May 2015 at 22:06
Respected Members,
This is not academic query.
In india every person has right to get legal aid if he is not able to present his case before the court.
If a person is eligible to get legal aid & his case run by legal aid & legal aid withdraws the suit with liberty to file fresh suit & thereafter legal aid fails to provide legal aid to person & as a result delay is caused to file fresh suit.
person helplessly filed his own suit in person but found that it is out of limitation.
There is no provision in the limitation act to condone the delay in filing of suit.
1. whether the period during which person could not file suit as he financially weak & legal aid fail to provide proper legal aid be treated as his disability & said period excluded while computing limitation period ?
It can be prove that legal aid fail to provide legal aid in time.
if it is not possible then
2. is it possible for court to condone this delay in the interest of justice by exercising exercising his inherent powers under section 151 of cpc ?
Thank you.
hasan
06 May 2015 at 18:17
Dear sir In which situation time was not assence? We have executed unregistered sale deed in year 2010 and after three months a purchaser has to pay full payment. But a purchaser failed to do so. And he has submitted a suit for specific performance in year 2012 so unregistered sale deed is permissible for specific performance suit in the court. Purchaser was not present while we have made this sale deed his agent has singed behalf of him agent has write purchaser name as a sign so can I do F I R for his agent its more then five years has been finished. Reply plz.
by
DR.VEDULA GOPINATH
on 06 May 2015
sir Please send me documents to advise you further. If agent has signed as if he is purchaser without menioning that he is p.a. holder, it is a clear case of forgery and thus document is not valid. Law of limitation also calls for action before three years. dr vedula gopinath
by
Dr J C Vashista, majjagdish@ya
on 06 May 2015
Unregistered Sale Deed is not a legal document, which require (compulsory) registration, if it is used in evidence it has to be impounded. It is not compulsory/mandatory for the vendee (purchaser) to be physically present. Show the document to a local lawyer for his/her professional advise, guidance and proceeding.
by
Rajendra K Goyal
on 06 May 2015
Whether it was a unregistered sale deed or sale agreement? What was the language or how much stamp duty was paid? Unregistered sale deed is invalid. Consult local lawyer and show him all the documents.
by
ajay sethi
on 06 May 2015
it is necessary to peruse papers to advice
by
hasan
on 06 May 2015
Dear sirs I am defending this suit since three years by a local pleader. I found forgery in this case....1. In the sale deed agent has signed in place of vandee 2. Vandee has tried to for lis pendency. In this documents vandee has signed. Both are different. Duting the execution of sale deed I have asked to agent where is vandee he told me I have authority to purchase this land and vandee does not need to be present for sign b coz this our simple agreement. And agent has gave us Rs. 101001/- and committed for full payment after three months but after three months they have started to misguided as I have asked for further payment more time. After all I must told him your token amt. Is forfeited now then vandee has submitted suit for specific performance on ex5. When we have executed sale deed I was present and I have watched that a agent is sined in place of vandee namly of vandee. Now if I will go to F I R then police inspector can ask me that why u did not have objected on execution time. Any queries will be raisable on me. Plz guide
by
bsrao
on 06 May 2015
True. You accepted the agent signing on behalf of the Vendee and any of your claim now will be estopped. If the agent, Vendee and witnesses say the Vendee signed the agreement, then it is so. Any effort in that direction would point out that you had nefarious designs from the start to cheat them. What is the legal problem here? Do you want to avoid your obligation under the agreement for sale?
by
hasan
on 06 May 2015
Yeah, I do not want sale my agri. Land now because I would have to sold a shop and another farm and fulfilled our need. plz tell what will happen if I go to F I R for forged sign mr. Agent has done in place of vandee? I must have take this step because we also tried for comprise with vandee but a vandee is a high court pleader so he is always trying to give us tide. I am agree to give back his token amt. With 12% interest but he want 2 acer land or a 40 lakhs for comprise. And also he talked rubbish. So I want to go for FIR but I am afraid for any reaction. Plz give advice what should I have to do? Thanx
susovanchaudhuri
06 May 2015 at 17:50
I live in South Kolkata. My grandmother filed eviction suit against our tenants on the ground of non payment of rent in the year 1997. The defendants/tenants at first contested the suits but then stopped appearing in the suits. My mother is the plaintiff after the death of my grandmother and my father . In one of the suit we have got exparte decree against the tenant while the others are pending. Now we have filed execution case. There are 10 tenants and they are very aggressive & are like goons. They have political backing also. As per civil procedure the court bailiff first comes to give possession and if they cannot give possession then one has to file another Misc case for granting police help which takes another 1 to 1.5 years. We are very sure that without police help the tenants cannot be evicted. Kindly suggest how to get police help straightway? What is the role of police in evicting tenants (I have heard that the police only remain stranded while court bailiff himself have to evict tenants)? What if we cannot evict those tenants even by police help? Kindly suggest what would be the best possible way to evict those tenants?
Satya nand aggarwal
06 May 2015 at 01:42
Very complicated legal matter
Dear Experts Please guide me
A filed a suit against B through attorney C. summons of court to c. C reported on the summons that he is not the attorney of B. ON the day fixed Counsel appeared and filed the Memo on behalf of B the only defendant. Case fixed for filing Vakalatnama and Written Statement. Counsel filed W.S signed by C on the day fixed but without any vakalatnamas and without POA of B to C. The case went as it is , the evidence of plaintiff completed and case fixed for defendant evidence. Now the mistake came to picture and the defendant wants to appear and want to file fresh w.s by engaging counsel. Worth to clear the person C earlier was the attorney of B in some other case which will be proved by the plaintiff. What is the remedy?
GUHAN M V
05 May 2015 at 21:38
I am working in India Meteorological Department, Regional Meteorological Centre, Chennai. Some times back when I was in an official inspection tour to southern district, I boarded a Government bus to go to Tirunelveli. During its journey the bus was confiscated by Court authority. While I respect the court order, confiscating of public transport may NOT be a mean for compensation default. By the court order or verdict innocent commuter / traveling public is suffering a lot. There must be some alternate grievances redress mechanism. This has to be initiated by proper amendments in law. Honorable Chief Minister must look into this and State Assembly or appropriate forum should amend the law of confiscating Public property for whatsoever reason.
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regarding haksod patra
Dear sir,
My father in law wrote a will thru advocate. According to tht will he gave some self own property to my husband. There are 2 sisters and 2 brothers in family.
Now is it neccesary to take haksod patra from them. The property can be registered thru property card.
Pls advice
Khushee