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amit   23 May 2018 at 07:53

Request guidance on documents required/process

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

20 rs stamp paper to purchase a shop

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

Loan on property

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

Introducing cross-FIR in the evidence stage

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

Marriage

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?

shobhit saraswat   22 May 2018 at 21:56

Wrong decision of Asst.Labour Commissioner

Sir
My gratuity is wrongly calculated by ALC agra it did not add my AGP in my basic salary by this cause my basic is being wrongly calculated by him
Kindly suggest me the need full
Do by any law i request him to correct his order

Ravneet   22 May 2018 at 21:46

Recovery of beana done on ordinary green paper

In november 2017 I had entered in contract with property dealer for purchase of plot and 2 shops .For that I had paid 5 lakhs as token money.23.5.2018 is last date to get registry done.Beana was done on ordinary green paper with 25 rs stamps through cheques
Now I came to know that colony is not authorised and noc is not obtained by coloniser .Punjab govt also issued notice in april 2018 that that no one can built or construct on unapproved colony. No one can develop such colony also

Now, can I get my token money back or extend beana period to wait and watch. Coloniser pressuring me for sale deed

Anonymous   22 May 2018 at 21:29

Rights of daughter

Hello
This is regarding property rights of daughter,we reside in chennai and my mother died in 2003 and my father expired in 2016 Aug.before this death my younger brother got POA from him for housing improvement loan in
HDFC bank ,in June 2016,my father was mentally ill during the time he got his finger imprint to get powers,after two years ,he wants to take built house and old house in damaged condition in same plot ,he says in words that damaged house is for me and not ready to give in written and he is using POA to get more loans after death of my father,since property is in my fathers name.he claims to get more loan without my consent and i have got legal heir certificate .
Please help me i can stop him getting loan , and stop him making home improvement without my consent.

Anonymous   22 May 2018 at 21:14

Allotment of share in final decree proceeding

My father had filed a partition suit against his three stepbrothers and his stepmother. It is an ancestral property.when my father expired,we were substituted in that suit. In 2004 the trial court decreed 1/5th share in the preliminary decree in our favour.It is to be mentioned here that the properties are situated in three places. The land relating to first and second place has been amalgamated in one place as per ROR. But the third place property belongs to consolidable area where consolidation operation is over. Final ROR of that area has been published in1998. As per the ROR of the property of that consolidable area, my stepgrandmother"s name has not been recorded. Prior to publication of the ROR my stepgrandmother alongwith my father and her sons had sold some property of that consolidable area to two persons in 1988. At that time the said property had been recorded in my great grandfather:s name.One of the transferee has mutated the land sold to himThe other has filed a case before theDirector, consolidation, Odisha in 1999 for recoding his name against the land he purchased as he has been in peaceful possession over the land. My question is as the property is in the consolidable area does the civil court have any power to adjudicate the right,title and share in that property? Whether the land sold by my stepgrandmother in that area will be allotted to her and her share will be adjusted during the final decree proceedings? Now she is dead. Can her legal heirs take the plea that as her name has not been recorded she did not have any right and share on the land she had sold?

Hitesh   22 May 2018 at 17:51

Transfer of flat

Respected Sir, My mother owned property (1 BHK flat) in which nominee were my 2 sisters. Later, she decided to change that nomination and decided to share equal parts to 2 sisters and 2 brothers but she could not do the paper works and shevpassed away. This was informed to both my sisters vurbally. Now my question is can society transfer this flat on my sister name???? What should I do to demand my rights??