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Mohan Talwar   27 January 2015 at 16:54

Lending through cheque

My SIL gave me a cheque of 1.4 Lacs in May, 2006 which she had got as a loan against her car from Bank and was credited to my saving account withing two days of deposit. There is no documented contract and period for repayment.I started repaying for her loan EMI and paid six EMIs and then through another financial deal i repaid her entire balance amount in cash in October, 2006 and could not obtain a receipt due to prevailing circumstances. She filed a civil suit against me in November 2009 for recovery of amount alongwith interest @24%. Please guide if the case is barred under limitation act 1963 (article 20) as it states filing case within three years of lending through cheque.

Member (Account Deleted)   27 January 2015 at 16:23

Claim share from sold sale deed document

Dear Sir/Madam,
My father obtained 6 acre land by registered partitioned document via his grandfather’s WILL document in the year 1988. He sold 2 acre land in the year 1996 when i was singed the sale document along with my father and my sister ( total 3 persons signed). Again he sold 3 acre land without our sign (my sister and mine) in the year 2011. Now he has remaining 1 acre land only and made it WILL document to my cousin brother. Please provide your valuable opinion for the following.

1. Can i claim 1/3 share in the sold 3 acre land (sold without my sign in the year 2011)?

2. Can i reopen/cancel the registered sale document in the year 2011 because registered without my permission?

3. Is it legally possible/acceptable to sale land without my sign in the registered document?

4. Can i claim 1/3 share my father’s remaining 1 acre land?



Thanks.

Sujatha

khokan majumdar   27 January 2015 at 16:04

Relinquishment deed can be done through post or not

Respected sirs,
Relinquishment deed can be done through post or not? I mean physical presence is necessary or not?
pl advice.

khokan majumdar

KmeduVishnu   27 January 2015 at 15:40

Probating will

Dear Sir,

Is it mandatory in Pondicherry to probate the Will?

monty lamba   27 January 2015 at 15:24

Daughter right for father & mother property.

Dear Sir,
My father purchase some property on my mother(House Wife) name since 1985.
my father death on since 2010.

we are seven children, 2 brother & 5 sister. one brother death since 2012.

my mother all property transfer on my name,

but one sister out of five demand (Claim) her share.

sir, please advise this right way or not

jayesh   26 January 2015 at 20:26

Is it possible to get possession back ? please guide

Respected members this is not academic query.
Please reply.

Suit property is on the name of B. A is direct younger brother of B. They were in Joint family.

before several years property was on the name of A & after the death of A, B transferred the property on his name illegaly by inserting his name in place of A without the knowledge of hers of A.

B told to the family that this property was purchased by A & B & therefore he has transferred this property on his name & this is a family property in which A & B are equal shareholder.

This was accepted by legal heirs of A. B died & legal heirs of B left this property & went to village.

Thereafter, this property was in the possession of C a one of the legal heir of A till next 20 years & title remains on the name of B.

During this period all the documentary records regarding the ownership of property misplaced from legal heirs of A & B.

After 20 years, situation was that none of the legal heirs of A & B was not in possession of document which can show the title of suit property except the regular rent receipts which were on the name of B & paid by C.

But after 20 years it was agreed between legal heirs of A & B that this property is combine property of A & B.

All the legal heirs of A & B except C who was in possession of suit property, took earnest money from D to sell this property to him & after that pressurized C to take his share & vacate property but C strongly refused.

Therefore, legal heirs of A & B in collussion with D forcefully expelled plaintiff from this property & D took the possession of property.

C filed suit for possession of property against legal heirs of A & B.

After filling suit Sale Deed was executed between legal heirs of B & D & it is shown on the papers that this full property belongs to B & B is the original owner that means this property was never on the name of A & legal heir of B was residing in this property from last 20 years & this property transferred by government department on the name of D in spite of objection taken by C by suppressing original documents of this property with them. (original document of property was only available with Government Department)

At least prima facie C has enough document to show that it was agreed between them that this is combine property of A & B.(it was agreed before the tenant association in writting)

C can prove that initially this property was belong to the A. B is not original owner.

C can prove that on the basis of document with him that C was residing in the property from the last 20 years.

1. In such situation is it possible for C to get justice & get back possession & cancel the sale deed if he fight till the last stage of the suit ?

2. whether C should quit fighting case & make settlement helplessly which is equal to injustice because there is no chance for C to get justice (as per the advice of some colleague & lawyers).

What is proper course of action for C ? Please guide. C is true.

Thank you & sorry for the so long query.

jatinkumar   26 January 2015 at 19:27

damage caused to property

Hello sir,
Sir one query i m having pls guide me

Sir mere ghar me demak lag gaiye thi to maine pest control wale ko bolaya. Usne pure ghar ko dhiyan se dekha or water pipe line,electricity line, gas line ect. Ki jankari li or dusre din se kam sur kar diya . ane admi ko samjakar wo contractor chala gaya.

To kam karte same contractor ke admi ne drilling karte samay pani ki line me drill mar diya aur line tut gayi aur ghar me pani hogaya to mene jaldi se plumber bulaya aur sab tiles todkar pori piple line air tiles nayi dali . aur phir uske dad pest contorller ne apna kam pura kiya. Aur jab me uska bill deneko mana kiya kyuki mera pipeline ki damages ki wazha se kharcha pest control ke bill se jyada ho gaya tha. Phir bhi wo apna bill maang raha he me kiya karu . kaise uske pass mera nukshan vasul karu . pls help. Kiya kanoon se koi help mil sakti he to kaise. Aut kon sa case darz karasakta hu .

yogita   26 January 2015 at 16:38

Motor accident claim

sir,
1. i have filed a mact claim before beawar mact rajasthan and now my clients wants to withdraw that claim petition and want to file it at jodhpur mact tribunal. Is it possible.

2. In case tribunal does not give us liberty to file fresh at jodhpur what will be the effect on filling it at jodhpur.
plz. help.

sonal   26 January 2015 at 16:06

Very urgent solution required for property dispute

we have property of 1955 in new delhi. Now my grandmother died few months back.According to will whole property is in name of my dad.My dad has 4 sisters and out of which 1 has died two decades back,leaving 3 children, so only 3 sisters of my dad are living till today.

Now the problem is my dad has to register property in his name..

all his 3 sisters,their husbands,and children are having no problem and have given their consent that they dont need any share and he can register the property in his name as mentioned in will..

Now please advice on this issue that husband of 4th sister who dies two decaded back has done re-marriage within year of death of his wife but not having any of child from second marriage.

Now at the time of registeration of marriage in court,what will be the safest option amoung NOC and R.D my dad should consider in which he can take signatures of all 3 living sisters,their husbands,children and also signatures of 3 children of his sister who has died two decaded back in front of registrar court that they dont want any share..

Please advice as we dont want any future headache becuase in future thay can challenge will also, so my dad wants to make them appear in court while registering property in his name and take consent from everyone in front of court that thy dnt want any share..

Some are saying go for NOC, some are R.D is important,please advice advocates..

Looking for help..I am in serious problem

tagoretiwari   26 January 2015 at 14:55

Forged agreement of sale

Mr. x residing in a village filed a case against y by creating forged agreement of sale with consideration of some amount paid. y contested the case and the case was regd. during 2010 and came for hearing during august 2013 first time. now the case is getting postponed for want of plaintiff evidence. so far 8 times postponed with 15 days gap. how long the case will go. shall y dispose the property to another fellow with lis pendente clause pl give your advise.