During cross examination of plaintiff, defendent's lawyer raised objection. I had not submitted permission of partners while lodging complaint to the court. I produced other partners as witnesses. They said the permission was given to working partner verbally. Even original partnership deed was submitted - the court made it an exhibit. Now the query is whether the deficiency in original complaint is satisfied or not?
Hi expert, a simple but technical problem. In a proceeding related to 138, how the period under 138(b) would be calculated, i.e. from the date of return memo or "information received date". For example return memo date is Sep 26th, 2018 and information of dishonour is claimed to be received on Oct 7th, 2018. Notice was sent on Nov 4th, 2018. MM accepted this contention of the complainant, while according to me return memo date must be considered as "information received" as per section 138 (b). Please share your valuable suggestion.
i am working as software engineer(private job) and i want to do 2 years regular diploma ,and my office timing and college will not clash.
We are total 5 siblings A B C D E and total land 25 katha.
Below mentioned sale agreement was done in spt 2018 on Rs20 stamp and has not been registered, between me D and brother E.
But in dec 2018 brother A & B sold more land than their legal share.
We, C D E lodged an FIR against A & B.
As senario has changed, I wanted to revoke/terminate the agreement, but E is forcing me to invoke it, by hook or crook. Thus sent me a notice, which I have pasted.
I WANT TO TERMINATE THIS AGREEMENT. PLEASE HELP.
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Sale agreement
Vendor/ seller : D Vendee/buyer : E
Description of document : agreement for sale of land in favour of Vendee or his nominee in form of registered deed.
Validity period and details : there is no expiry date of this agreement. both parties will make their best efforts to conclude the sale within one year of signing this document. Furthermore, vendor has not signed sale or any other kind of agreement or given power of attorney to any other party as of the signing date and will not sign any sale or other kind of agreement or give power of attorney in future with respect to the land described below.
Price - total of Rs.xx will be paid before registration for entire legal share and that is 20% of vendor or seller of the land described below.
Details of land property - property is located.....
Total land area is xx acres.
Vendor is selling a legal share of 20% of vendor for amount of money mentioned above.
Description- that vendor is a need of money and so is selling all rights of a share of 20% to buyer. and agree for the following besides other points mentioned elsewhere in this sale agreement :
1.after proper measurements of the land and trenching of the boundaries of the land in consideration vendee will pay 10% of total amount and after completion of boundary wall another 40% will be paid.
2.The balance of 50% will be paid before signing of registration deed.
3.Terms and condition legally binding, final and will not be changed and vendor will give registration of a share of land that has not disputes with anyone.
4. The land, vendor is selling is free of any dispute or encumbrances.
5. legal heirs of the vendee will not raise any objection with regards to this sale and sale deed in future.
6. That vendee is free to use the land or sell it to anyone at any time at price determined by him.
7. Both vendor and vendee are signing the sale agreement out of their free will and without any pressure from any source. Signed today on 3-11-2018
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GOT THIS LEGAL NOTICE from E
Dear Mrs D,
This is regarding your intention of not following terms and conditions of legally binding SALE AGREEMENT that was signed by you and myself on 03/11/2018.
The land in the agreement is as follows: Land is located in...
Total land area is xx acres/25 kathas.
In the agreement you promised to sell your entire share that is 20% that equals to xx decimals (xx Acres) or xx katthas for a fixed amount of money as mentioned in agreement either to myself or my nominee.
As mentioned in paragraph iii) on page 3 of the agreement, all the terms and conditions mentioned in the agreement are legally binding, final, and will not be changed either by myself or you.
On the basis of above agreement, I authorized land brokers to find buyers and they brought Mr Y as a buyer and he gave Cheque of Rs xx on your name and I gave that to you. However due to some problems the same amount of money was sent by Mr.Y by RTGS using his cheque no xxxxx, on 16/1/2019.
You have been dragging your feet since receiving the money and have not registered part of land to him according to terms and conditions mentioned in the SALE AGREEMENT signed by both of us.
I request you to fully honour all the terms and conditions of our agreement and register the land to my nominee Mr Y as soon as possible.
Also please do not try to sell any part of the land mentioned in our agreement directly to anyone as that will be breach of trust as well as criminal breach of our legally binding agreement and that will force me to take legal action(s) against you including initiating criminal case(s) and/or police case(s).
Also please do not try to take any government compensation if part of that land is/was acquired by the government as you promised to sell xx decimals (entire 20% of your share) of land. So any payment should be received by myself and it will be distributed to you according to terms and conditions and total payment that was promised by me.
Any breach of terms and conditions of the SALE AGREEMENT signed by both of us from your side will result in severe financial losses as well as defamations to me and therefore will force me to take strongest legal action possible including criminal court and/or police case(s) against you and any other persons involved in assisting you with criminal breach of trust, criminal breach of legally binding sale agreement as well as for my defamations.
Sincerely - E
My previous question seemed to be incorrectly put on this forums, I apologize for that; I'd like to ask the question again, stating it clearly hopefully as best as I can.
Q:- My grandmother recently passed away. She had a will naming all her son(s) in it, dividing property floor wise.
Now, how to proceed in order to register the property according to the will? I meant the whole process (and preferably the approximate charges as well).
Edit: Its a residential plot in North Delhi.
PS. As topic gets locked up as soon as the answer is posted, hence, thanks in advance.
It is understood that any kind of leave is not one's right. But under unavoidable compulsory circumstances like emergency medical treatment of dependant mother (widow pensioner) suffering from stage 4 neuro (parkinsons) and physichiatric and a host of other problems rendering herself to be almost disabled and who has only her only daughter / son to fall upon, be denied leave for the purpose of her treatment somewhere outstation as deemed fit by the employee? Doesn't such denial of leave violate basic human rights? Is thete any remedy?
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my father passed way five years back and has left a will where in the assets have been left to my mother . since my mother was aged and was not interested in getting the asset (house) transferred to her name we did not do anything .now our mother also expired and we are 4 siblings . can we still keep the house in my fathers name as it was and if yes how long?
if we want to get it transffered in all siblings name equally what is the procedure/ should we have to show the will or not ? if we show the will authorities may question why property was not transffered to my mother name.
Hello Sir, We are staying in a house since 60 years which is on a pagdi system. Recently our landlord had expired and the legal heirs of the landlord have started to sign the rent receipt without following/competing a legal formality. Is legal heirs signature acceptable in this situation? Kindly help.
Criminal case on property cheating. defendant evidence proof
Dear Respected Sir,
I have filed OS and criminal case against 6 of the defendants of a family. Wherein the 1st defendant is the father. The son to whom all sale deeds money transaction has occurred and now claims his father committed suicide, though he has not submitted death certificate on the OS side of hearing. While on Criminal side, police is still issuing summons and yet to trace all family members, however they appear to have submitted death certificate. Do such a thing possible (i.e defendant without being traced through summons and not appearing for hearing etc) irrespective can I get a certified copy of the death certificate from court. The reason I seek your help and guidance as my advocate is reluctant to answer any query and more so on criminal side he says he would not help / take up issues to address to closure.
Appreciate your kind response with details steps as what I need to do.
Regards
Stephen