anu radhalll
23 May 2018 at 12:43
Land suit case .1981 consent decree passed.we implemented court decree and got tittle deed and passbook in 1983 .1981 to till now we are cultivating that land . my grandfather is plaintiff and my uncle is defendant. In vakalth and judgement and decree in that defendant father name written wrongly.
Now plaintiff(my grandfather) and defendant (my uncle)both passed away(die) in 2004.
1) defendant sons are there present .Now defendant sons can appeal the consent decree right now???
2) what is a section 152 cpc ??
3 ) suppose if i put a application in court under section 152 cpc -- defendant sons can fight with me or not??
Bhavya
23 May 2018 at 12:03
Dear Sir/Madam,
I am 2nd year LLB student. I would like to know more about JMFC Exams. Any particular website to know more details about that. Please help me.
Thanks,
Bhavya.P
Anonymous
23 May 2018 at 11:21
my fathers will has been probated and my cousin is the executor of the will. please tell the procedure my cousin should follow to transfer the property in my name( heir mentioned in the will)
Anonymous
23 May 2018 at 11:13
Dear all,
About 4 yrs back I transferred 10 lakhs of rupees to my daughter in law through bank on her request as loan. She made gift deed on a 50 rs. Stamp paper and got me signed as donor and hand over the original to me. She explained this is only for income tax purpose. It is written that 'out of love and affection I am gifting the amount to my DOL'.However no registration was made. Now my DOL and son are in process of MCD. On first petition a mou submitted which states that the amount I gifted to my DOL to be considered as one time alumni. It is made without my consent.
My query: 1. Can I disown the gift deed and serve notice to her to refund my money.
2. The money was gifted to my DOL only but now she is not, she should pay back.
I am a retired person. The money given to her on loan to purchase a flat from my retirement benefits and now required for my treatment.
Please let me know the options.
With regards,
Dayal mathur.
amit
23 May 2018 at 07:53
Dear Experts
May I pls seek your guidance on the below matter on what are the document required by my father to sell the land.
My late grandfather has 2 son—A & B and 4 daughters – C,D,E & F (late) all daughters married and settled in other state with grand kids.
All land is in the name of A ( he has no children & his wife died 10 years ago), he used to live with B (his younger brother).
Last month A died in the hospital, now B wants to sell the land.
What documentation is required for B to sell the land/property now ?
Do C,D,E also have rights on the property owned by A ? C,D & E doesn’t want the property as they are well settled & want their brother (B) to do that . Can B sell the property without involving C,D&E ?
May I pls request you to guide me on the documents I need to collect so that B is legally allowed to sell the property.
Anonymous
23 May 2018 at 01:36
Sir I am defendant in the case
There is a man who work in PNB bank, his side business is to give money on interest.
I took 10 lac rs from the man, and for formality purposes he took my signature on 2/3 blank papers including stamp paper and blank cheque and obtain my photo. As I was in desperation of money so I couldn�t doubt his intention.
After 4-5 months I received a notice from court. According to that I sold my shop to mr mangla and now I am not entertaining him for registery.
Is that enough to claim a property???
Or it�s a game of big lawyers. ????
I never went to court To sign any agreement to sell,it�s like somebody sold my property.
I was thinking how honourable court accept this type of forge case.
But still I trusted the judiciary and told my lawyer to please don�t let this case go for years and years of time, I want justice ASAP. my lawyer appreciated my thinking and tryed his level best to end the case soon. And within less than three years the court gives the verdict.
All mr manglA did is convert blank papers into agreement and a receipt.
I want to ask every lawyer and honourable judges, is it enough. To claim a property??
Surely not.
So how mr mangla will prove this.
Quoting a law- if defendant denies the execution of the sale agreement then it is the burden of plaintiff to prove The sale agreement is genuin by examine the witness
Signed in the agreement and its execution.
Mr mangla said he has 2 witnesses at the time of signing the agreement and making payment
Witness no-1. Is mr mangla real brother.
Witness no-2 is colligue of mr mangla.
As witness number one is real brother of plantiff so the credibility of this witness is doubtful
Witness number two clearly denied any type of a sale deal in front of him, Mr mangla himself bring the agreement in office and get it signed
The only reason to sign that agreement as witness just because Mr Mangla was His friend and more importantly his superior in the bank, as now witness number two took retirement from bank so he has no fear of his superior
Plaintiff said that defendant himself prepared the agreement to sell papers. Plaintiff visit court with two witnesses where agreement is already typed. Plaintiff just signed the papers hand over the payment to defendant.
But in cross his witness no1 is saying that he is sure that after reaching the court it�s mr mangla who typed the whole agreement.
WITNESS DENIED
Now come to payment procedure
If someone buys property he/she can show transaction by giving bank statement.
But mr mangla paid whole amount of 50,00,000 rs in one shot. As my lawyer demanded bank statement for the same transaction
Plaintiff said he can not show the transaction in bank statement because he paid rs 50 lac in CASH in one time. 50 bundle of 1000 rupee note. Not a single rs payment from bank.
The date of payment receipt and date of agreement is not same. For which plaintiff is saying this as TYPING MISTAKE.
a government approved valuer made his report which clearly states the valuation of the shop at the time of case filed was
TWO CRORE FIFTEEN LAC RS.
why would I sale my shop in 50 lac rs.
In the cross of PLANTIFF when my lawyer asked him size of the shop, mr mangla stunned for few seconds and Sai I DONY KNOW THE SIZE OF SHOP.
when my lawyer ask him about per square feet rate of the property, he again stunned and said I DONT KNOW.
AND MANY MORE POINTS.
ISNT IT ENOUGH TO PROVE THIS CASE AS A FRAUD.
BUT JUSTICE DENIED I LOST THE CASE IN LOWER COURT.
I REALLY FEEL LIKE COMMITTING SUICIDE.
WHO WILL STAND FOR ME ????
Anonymous
23 May 2018 at 01:34
An mortgaged property was gift registered by a father in registration office to his daughter,without clearing the loan, After couple of years the loan was repaid and the mortgage loan was released by the father.
Now can the son who got the property can have a fresh loan in the bank.
His father was a Hindu.
Member (Account Deleted)
22 May 2018 at 23:04
Dear Ld. Members:
My question is whether the cross-FIR can be introduced for the first time during EVIDENCE on cross-examination?
Facts are that police sent one case to court and neglected to send the cross-case. Now evidence is going on and I want to highlight the contents of the cross-FIR to the court.
How to do that? Please explain.
Chandra Bhan Shaw
22 May 2018 at 22:07
On 23rd April 2018 my cousin got married in Uttar Pradesh and within 3-6 day he and his family got to know that the girl is mentally disturbed and she did lots of weird things like running out of the home and lots till her stay. Then they called girls family to take her back along with her all the ceremonial gifts were also taken back by both the parties.After a week the bride's party bought lawyer and told us that we need to wait for 6 months for her treatment,there lawyer forcing us to bear 50 % of her future treatment. Please advice what to do?
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What happen if not taken police notice?
Sir,
Hua yeh ki...
My cooker burst while cooking daal. The lid blew up and it went and stuck inside chimney made out of concrete which is above the stove area in the kitchen.
Now my mom who was sitting next to the stove got sprayed with hot daal and got burns. The entire chimney kitchen walls pasted with daal from cooker.
This cooker is of prestige company. I have narrated the entire incident to the prestige dealer from whom I purchased the cooker. He told no replacement he can give and he cannot compensate for the burns and walls pasted with daal. I had brought the cooker 3 months back with bill and also came with warranty.
The warranty sheet tells this
"We only accept returns if the item shipped to you is defective or damaged. The item should be returned to us within 7 days from the delivery date in original packaging. We will send you a new replacement unit as soon as we receive the return package. the product should be in unused condition. Refund if any will be through online payment only. There is no cash refund."
Now what happen is, I had called to tell all this daal story over phone to shop keeper. When cooker burst. The shop keeper told come to shopt and discuss. There I properly shouted at the shopkeeper. But nothing happened. The shop keeper did not give new cooker nor gave compensation for burns.
Thereafter I have given him notice to return cooker and give compensation for burns or else I will approach Consumer Court. To which he has not replied till date.
Hence I gave complaint to The President, District Consumer Forum, Amravati. Behind Circuit House, Jail Road Amravati against the shop keeper to give replacement or refund plus compensation.
The shop keeper has appeared in the consumer court. He will sit on the chair along with everybody. But when case is called he wont stand up. Nor he has any advocate who will come and stand before judge. He will sit for sometime and then go. He never tried to speak to me or my mom when we are in court.
And once while this case is going on, he had called on phone and told come and collect your money. When I asked how much money, he did not tell. I told if he want to send money or new cooker he can send it to my address. He neither sent money nor the cooker.
Now what shop keeper did is:
He gave complaint to police that I threatened him over phone.
Police had called me on my phone. And told to come to station. I told send complaint copy. They did not send any copy of complaint.
In meantime Consumer Court the shop keeper appeared but sits silently and has not filed reply to my complaint, so Consumer Court has told me to file affidavit and then after they will pass the orders.
But yesterday police notice came through post.
I was not at home and so nobody took and it went back.
Now I want to know what is the game plan of the shop keeper. He did not appear in consumer court, nor did he file reply nor anybody on behalf of him did appear or reply.
But police again called today and told complaint is there against you and SI told not to call the shop keeper again and threaten him.
Fact is I did not threaten him. Simply shop keeper gave complaint and wants to make me to come to police station so that he can coheres through police for out of court settlement.
I want to know the following:
1. I am asking what happen if not taken police notice?
2. What action can police take against me or my mom? Because police sent notice to both our names.
3. What if we do not appear at all. My mother age is 70. Can she be compelled to go to police station?
4. In this matter what to do? Can anybody help me?
5. What could be the shopkeepers intention here? Simply coming and sitting not even coming before the judge and going. Again appearing on next date but when Judge calls out his name he wont stand up or speak. What could be the shopkeepers intention here?