AMITS
15 April 2010 at 13:23
Firsly, My good wishes to all the learned legal brains who are makeing this interactive platform meanigful!(spcly. to mr. makkad, a.v. vishal,rao sir,hatts off to you guys, keep the good wrk . going), I Have a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1978 and mother smt. JD died prior to him in jan. 1978.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children (all alive).
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 WHICH WAS) agricultrural land and which was acquired by state houseing board in 1994 although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1994 agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in 1978. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus she pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation. what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other act. just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up
to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities but she again not appeared. and as a result board authorities had dissmissed the application to stop giveing compensation.
actually, the second sister (B) always had
very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly help us through your valuble suggestions to make our way through this legal issue. i am son of one of the 4 brothers.
regards
to all the learned lawyers..........!
KANNAN
15 April 2010 at 13:04
Can you please explain section 72 motor vehicle act
(xv) that tickets bearing specified particulars shall be issued to
passengers and shall show the fares actually charged and that records of tickets issued
shall be kept in a specified manner ;
....
I want to know whether the rule allow advertisement on bus tickets or prohibit it????
Praveen
15 April 2010 at 12:37
Hi,
I would like to know if a boy ,who completes 17th year birthday and steps into 18th year is eligible to sign as a major or does he have to complete the 18th birthday to be eligible to sign
Bittu
15 April 2010 at 12:27
I have marriage on 2005, this was arranged marriage. My father-in-law is very rich man, and my wife is his only child. After marriage, he always forced me to do this to do that. I never opposed him. My father-in-law and my wife then started new demand. Demand is, I have to stay in my father-in-law’s hose. This was first time I opposed them. As a result, on 2007 my wife left my house. So many times I went to father-in-law’s house to return my wife, but she never come. I told them it is never possible to stay their house because of my parent. They both are aged, except me nobody is there in my house who will take care.
But she didn’t care my problem. Since 2.9 years, see never receive my phone, I can’t even contact with her. Her father told me she does want to meet with you and she will never marriage again and she does not divorce you.
Now please tell what to do?? I am 35 years old. If I go for divorce file, the how much time it will take?
Parvez
15 April 2010 at 12:07
There is a case going on in Amritsar Small Cause Court.All the 3 party who have been wrongly accussed belongs to Mumbai.The trial has been going on for last 10 years and it's very inconveinient for them to travel all the way to Amritsar on all hearing specially now since the hearing has been quite frequent.Earlier you had advised me to put in application in High court to quash the case however I have 3 question:
Can a application be filed in Mumbai high court for quashing the case?
God forbid if the case has been ruled out against us can it be challenged in Mumbai session court?
Can a application be filed to transfer the case to Mumbai since all the 3 accussed belongs to Mumbai?
Thanks
Parvez
Anonymous
15 April 2010 at 09:46
Sir,
At present I have appealed to the High Court for partition against a forged and fabricated will. If the order is against me can I ask for revision of my petition or I shall have to approach Supreme Court. Is there any relief for such an order against me.
Please advise me.
Thanking you,
M.S.
mahendrakumar
15 April 2010 at 08:54
during the proceedings of a case at the district forum,the counsel to O.P raises that the case is not maintainable at the forum due the judgement of higher forum.
a) is to binding on the O.P counsel to bring the case details like citation and case no etc?
b) or just a mentioning is enough?
BHUPAL SINGH
15 April 2010 at 08:47
Dear Sir,
May I request the Hon'ble Experts to clarify the following--
Father 'X' inherits some Agri Land from his father in 1952. Later on he transfers 1/2 to his wife 'Y' in 1966.After death of 'Y' in 1982, the land is transferred to sons 'A' & 'B' and daughter 'C' in equal ratio. Daughter 'C' transfers her share to father 'X' vide a Civil Court Decree in 1991 with mutual consent. Mutation of this is NOT got done in favour of 'X' in revenue records and the land continues to remain in the name of 'C'. After death of 'X', daughter 'C' trasfers half of her share to brothers 'A' & 'B' equally in year 2002 and the mutation is got done in revenue records. Son 'A' sells his entire land ( i.e. his inherited share+land relinquished by sister 'C' in his favour) in the year 2009. Rest of half share continues to remain in her own name. After death of father 'X' in 1999, son 'B' produces a fake & unregistered WILL according to which he will inherit all assets owned by father 'X'. Son 'B' is now NOT letting sister 'C' to take possession of her share, which even now stands in her name in revenue records. He is also pressurising Patwari & Tehsildar for mutation of land (transferred by 'C' to father 'X' vide Civil Court Decree in 1991) in his name. Please clarify--
a. Can son 'B' now legally ask for
mutation of land awarded as per
Civil Court Decree in 1991 to father
in favour of father 'X' or in his
own favour after a lapse of 19 yrs ?
A part(1/4th)of thisland has already
been sold by other son 'A' in 2009
and the buyer has already got the
mutation done in his own name.
b. Can some one quote the Supreme Court
judgement as per which, if the mutat-
ion is not done within 12 yrs after
award of Decree, the Decree cannot be
enforced or in other words,the Decree
becomes void ? Is it provided in the
Limitations Act that a Decree becomes
void after 12 yrs or it cannot be
enforced ? If so, can you quote the
relevent Sec of the Limitations Act ?
c. There is a Supreme Court judgement,
which I read in Hindustan Times, many
yrs ago, according to which, any prop-
erty made with purely from the income
form inherited property (that is the
person doesnot have any other income)
takes colour of inherited property,
which means such a property de-facto
becomes inherited property. Can some
one quote this or any other such judg-
ment in supporty of this ?
Bhupal Singh
S.B.adil rahman
15 April 2010 at 07:19
Kindly tell whether the Office of the Chief Information Commissioner is a criminal court (since it orders imposing the penalty)or tribunal or has the status of a civil court?Section 19 of RTI Act vests the power of a civil court to the Information Commissioners with regard to summoning of the documents and witnesses like that of a civil court but does it make immune to the whole of Information Commission to question its functionings? Does it have the pwoer of contempt? Kindly enlightene me.
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