Quadir
04 November 2017 at 07:56
Perhaps my query involves a question of law. It is about a document being void / voidable, limitation attached to it and court fees for attacking this type of document.
I have a perpetual lessee under a registered lease deed executed between my late father and him. A nominal yearly rent is fixed in the lease deed, which tenant/lessee is supposed to pay annually, failing which landlord (before my father, now me) shall have the right to re-enter the property leased.
Concealing this fact, recently the lessee SOLD the property to someone through a registered sale deed, showing himself as absolute OWNER of the property and gave away the possession to the purchaser.
Now questions are:
1. Is this sale deed a void or voidable document?
2. If it is a void document, still am I bound to take action against it within the limitation period of three years from its execution?
3. If it is void, then do void documents have limitations?
4. Do I have to get it cancelled and declared it as null & void with a prayer of getting the possession (as a consequential relief) ? If so, do I have to pay court fees ad-valorem?
5. Now my property is in the hands of a stranger and in order to get it back i have to pay court fees on the market value of the property, which doesn't really make sense. So what remedy do I have now?
( I am aware of SC Judgements- Shailendra Bhardwaj & Ors vs Chandra Pal (2013) 1 SCC 579 & Suhrid Singh vs Randhir Singh , AIR 2010 SC 2807. But they do not help in my case.)
Your answers would be much appreciated, thank you.
- Quadir
Hasit
04 November 2017 at 02:51
My father is a doctor.doing private practice.what is the eligibility income limit to obtain obc noncremilayes certificate?(according to recent low)is it different for different state?what's for gujarat?
Weather to calculate gross income or total income?to be calculated of only last year or an average of last three year
Amit
04 November 2017 at 01:37
My Story in short.
I work outside India and lived with my wife and only child. Everything was going well however .I was diagnosed,with a very serious life threatening ailment (even my enemy should never have it!!).and we had to return to India for treatment. While my treatment was in progress(For 5 months i had to get admitted to hospital for treatment every now and then), my wife left home without telling me or my parents.. There were no serious fights nothing. Next day her Maternal uncle and her father came over telling that i was in an affair presumably with a woman who lives more than 2000 kms apart. Ofcourse thats Bullshit. They claimed that they have proofs which they never showed. They threatened me with dire consequences. The shock was so huge that i had to be admitted in hospital in life threatening condition.The reality is that her father never approved of her marriage with me at first place and with me in this condition, he thought that i will be a burden on her and hence encouraged her to run away. Regarding the problems between me and my wife, atleast from my perspective our relationship was like between any husband and wife .But obviously later on i found out that she wanted to get out of the marriage since 2011(we were married in 2008). In 2013 , i had caught her red handed with an affair to which she admitted and ofcourse i was very angry and yelled on her for like 5 days. and it seems since then she had decided to take "REVENGE". Fastforward 2016. As soon as she saw this chance she ran away. By 24 x 7 efforts of my friends and parents, i recovered.She never returned back. She barred me from seeing my child and she asked for MCD through her Uncle . I declined at first because she left home without letting me or my parents know.I sent out notice with intention of RCR because i loved her and i wanted to talk with her in case there was misunderstanding. Later on i came to know that every thing was pre-planned my her and her father . i did not file the RCR and instead filed case for custody of my child. The case has been filed on Jan and till December there hasnt been a single hearing.They had also symphoned off my passport for which i have proof. I realized that she was not willing to let me go out of India unless i give her divorce because there was no other reason to withheld it.Hence i took out a duplicate passport and re joined my work place outside india. All hell broke loose when they came to know about it. They started getting behind me for MCD. At that time i wanted my time to come out after back to back shocks. She barred me from seeing my only child and did tell that i can only see him if i give divorce. I havent had chance to see him on skype for more than one year now. Meanwhile she has applied for divorce and during the councelling proceedings i finally agreed for MCD. Then she started asking for money(15 lakhs). To be honest i cannot afford that because i need money as security for my health.Now the councelling proceedings are over and the case is ready to go to court. Now few things here.
- My lawyer hasnt yet filed my written statement to the court in hopes that there will be MCD. but obviously i put my foot down after 15 lakhs were demanded. The case has been filed on March 2017. Our written statement will be ready by next court date which i think would be Dec end.
Few questions
- Can i apply for interim relief to meet my child ?. I am given to Understand that the interim relief can be filed only with my written reply. I dont think so. I think i can file it as soon as case goes to counseling. Am i right ?. I havent seen him for 1 year.
- I am given to understand that if i dont pay 15 lakhs, then i will have to pay 50,000 /month as maintenance (my wife works and she has salary of 60,000 per month). i dont agree as i believe that cruelty demonstrated by my wife will make me eligible for divorce without maintenance. Am i right ?. Can somebody point me to relevant law provisions /sections for the same for me to study?.
- Her lawyer has specified that now he will file the interm maintenance relief which i will have to pay from March 2017. Can i contest that given the situation. I am ready to pay for expenses of my unfortunate child whatever they are as he didnt do anything to see this day. But ofcourse nothing for her.
- Her petition is nothing but a bunch of lies and i have all the proofs to debunk most of them. What should be my strategy?. Shall i ask her to come back to save on maintenance (I dont want her back now) ?. What should i do to ?
- To be honest i want to file criminal case against her but as my parents are there on their own, i am just willing to close this topic off.
Please advise correct strategy
Thanks
Amit
AJAY KUMAR RANADHEER
03 November 2017 at 21:48
RESPECTED SIR,
CAN I ARGUE MY CASE WITH OUT A LAWYER ?
2. IF YES HOW CAN I ARGUE MY CASE UNDER THE SECTIONS ?
TELL ME THE PROCESS SIR .
vanessa Anthony john
03 November 2017 at 21:02
Hi just wanted to know how is the verification done for court marriage in catholic also wanna know if a married person having an affair and wanna get married can it be done in Mantralaya how do you people come to know if he is married earlier need help immediately plz
v krishnakumar
03 November 2017 at 19:59
I planned after retirement my service I want to start organisation in the name of lord amman i.e amman peravai through which take the almighty of goddess to every one. It will function in the tamilnadu. No religious propaganda will be carried out. only doing of joint pooja with all women.
Rohan
03 November 2017 at 19:53
the name is wrongly entered in N.A. now i want to change the said name in N.A. WHAT IS THE PROCEDURE TO CHANGE THE NAME IN N.A. AND UNDER WHAT PROVISIONS OF LAW IN MUMBAI/MAHARASHTRA
Rohan
03 November 2017 at 19:13
Dear Sir/Madam
I stay in mumbai. My mom dad has died in 2014 so i want to entered name in 7/12 extract. My mom has 2 brother and 2 sister. So i had one query that one of my mom brother in not signing the vaaras application rest all are ready. In this case how can i entered reset of the heirs in 7/12 extract?.
Regards
Rohan Koli
karan gowda
03 November 2017 at 18:26
the sim card does not belong to me neither i legally possess the sim as the sim document is on another person's name..so can i go to ps as a complainant?
is it mandatory to have ownership of mobile phone and sim cards for registering a police case of phone harassment?
can i state my relatives numbers as my numbers in the written complaint?
plz do suggest
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Countering written statement with objection
Dear Respected Lawyers,
I am seeking your legal advice on the following issue.
Background of OS case.
I am standing as POA on behalf of my friend who was cheated of property. After over a year the case had on back and forth from summons, Plaintiff evidence, order and Defendant evidence etc.
Unfortunately in many of the hearing the defendants hasn’t appeared except once to file Written Statement when they did not come forward to cross question my (POA-Plaintiff). On one incidence court had put a fine and that too they did pay. However in last 2 hearing when the court had put for defendant evidence at that time they paid the previously charged fine to me (POA-Plaintiff), but in the latest hearing though they were suppose to produce evidence in claim of Written statement and now they have move the case to Re-Open and recalling the earlier order stage.
With the above background, in the next hearing can we post /raise the objection with details requesting the Judge to allow us to cross examine the defendants against all false claims they have made in their written statement along with other Whatsapp, SMS cross discussion between defendant and plaintiff… wherein the defendant have indirectly admitted his wrong doing of double sale of plot and that he will buyback the property or give his father-in-law property if we take back the FIR complaint.
Appreciate your valuable and detail suggestions.
Thanks & Regards
Stephen