Ramesh
29 June 2017 at 17:54
Dear Experts of the Forum,
Late Mrs. B gives her property to (1)Mrs. B, Mr. R R, Mrs. I and Mr. SPB, some property which was taken over by Government and amount is due will be shared by equally by above four persons. And (2) remaining land property ie Patta, Inam lands, tenancy land were given to Mr.SPB. Mr. RR and Mr. SPB are own brothers and Mr. RR is older to Mr. SPB
After the death of Mrs. B, Mr. RR immediately taken GPA from MR. SPB for (2) property and dealing with same, and because of practices in the family younger brother Mr. SPB never asked about deals /deeds done by his elder brother Mr. RR in regards to the (2) property even about property (1) also.
In a case where a land was given to Army for lease and dispute rose between a third party Mr. NRS ,about the owner ship of this land, Mr.RR without consulting Mr.SPB had entered in to compromise ( compromise condition is not there in GPA given)with the third party Mr. NRS in the High court in 40: 60(third party Mr. NRS ) sharing basis (In this 40%, Mr.RR included the names of A , B, C, D, E, F, who are nowhere connected with will of Mrs. B or the (2) property…. Now both Mr. RR & Mr. SPB have died.
Mr. SPB gave all the property that had come to him to his daughter Mrs. PS. After the deathMr.SPB we found that there is some discriprency in the will (ie that the third party Mr. NRS, with whom Mr. RR entered in to compromise is wrong on two counts. ONE is false interpretation of the document, the third party having; TWO is, GPA do not contain the permission to compromise and that too GPA holder has taken 6 more un concernd persons along with him in the compromise petition.) .Without knowing these facts Mr. SPB in his ‘WILL’ state that Mrs. PS will have ¼ share in 40% of the compromised property.
Now this third party Mr. NRS argues that Mr.SPB is binding to this compromise agreement.
I request Experts of the Forum, to kindly help me, by suggesting the way out for this problem.
Anonymous
29 June 2017 at 16:09
A purchased property in the year of 1940 and she had 4 daughters and she died on 1949. B is husband of A And executed gift deed in the year of 1968 in favour of A 's first daughter inrespect of A's property. Now A's other daughters filed partition suit against A's first daughter. So what relief for A's first daughter.
siva
29 June 2017 at 15:46
A lady died in year 1985 in estate.the property is self acquired by her.she had 2 sons and two daughters.she writes a will on the wife of elder sons .till now the property is the possession of family of elder son wife ,daughter and her children. In the year 2015 ,daughters of second son challenging the will,and gift deed registration?
Will was executed in 1982 in favour elder sons wife
Gift deed was registered on 2001 .(registered on elder sons daughter)
Anonymous
29 June 2017 at 15:39
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Pratik Majumdar
29 June 2017 at 15:33
Dear Sir,
I had rented out my 3 B/R flat in Kolkata to a family in June 2014 for a period of 11 eleven months. At the time of renewal in 2015, the tenant had some problem in paying the increase and wanted to have a discussion. But after some months, he started not paying the rent stating that the Electricity Charges were very high and there is some fault in my flat's wiring. I had a discussion with him in January 2016, where we negotiated that he clears the Electricity charges and leave my premises, the default of rent will be my loss. However, it has been almost one and half years, neither has he cleared the Electricity charges nor has he vacated my flat. Further, the Electricity company has come and removed the meter and he also does not stay in the flat but has locked it with his belongings inside.
I am presently in London for an assignment and find it hard to deal with this as there is nobody to follow up in Kolkata. I can come down to Kolkata for a week but I need to know what I should do.
Kindly guide me.
Regards
Aditya Dev
29 June 2017 at 15:22
In our case the plaintiff in his plaint has not produced any documents which supports his claim of amount owed to him by us. We are the defendants in this case. Now he is seeking to file additional documents which are statements of account to justify his claim at the stage of rejoinder.
My question is: Can the plaintiff file additional documents at the stage of rejoinder when he never submitted those along with his plaint and did not produce any reason for such delay.
Even Or. 7 R 14 is very clear that documents on which you place reliance should only be filed along with plaint except when you have sufficient cause for the delay. In our case he has no reason for delay.
It would be helpful to get his claim thrownout as the only document he has is the statement which he is filing now??
Jasmeet
29 June 2017 at 14:23
We have entered into an agreement of sale bearing plot 40 sq yards out of 150 square yards..final date is fix on 3 september for 40 sq.yards now purchaser want us to make the walls on the plot before transferring of sale deed..we told them after execution of document you can make wall on the plot..but they want to make the wall first before sale deed..kindly advice me it is ok to allow them to make wall before sale deed..as we dont know whats on their mind ..i am the seller ..my plot situated in old gurgaon
Anonymous
29 June 2017 at 14:13
dear sir/mam,
my friend(men) filed a divorce case in august 2016 now it is in cross examination stage. now he wants to appoint another(new) advocate for his case.here my question is existing lawyer if not given NOC what my friend can do for NOC and appointment of new advocate
Munish Kumar
29 June 2017 at 14:04
MY MOTHER GAVE 1.5 LAC CASH TO A PERSON ON INTEREST BASIS BUT NOW HE IS NEITHER PAYING INTEREST NOR PRINCIPAL AMOUNT. WE HAVE A BLANK SIGNED CHEQUE HAVING NO DATE AND AMOUNT. CAN WE PUT A CHEQUE BOUNCE CASE ON THAT PERSON. KINDLY REPLY. .
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Registration of the house
1) Can the police interfere in property matter even when A civil proceeding is going on against the complainer and the disputed flat? Is it legal?
2) Can a person get all the bills of the property ( maintenance, gas, electricity) renamed in his own name even if there is a civil proceeding going on against him and the disputed flat? Is it legal?
3) Can the society issue share certificate to a person if there is a civil proceeding going on against the person asking for a share certificate and the disputed flat?
4) What are the chances to win a case if
A family has been staying in a flat above 15 years. The family could not register the flat due to stay brought in that area, and then financial issues. The builder due to some misunderstanding sells the flat to some other party. The other party, least concerned about everything, did not even care to enquire if anyone stays in the flat or how big or small the flat is purchased the flat. The builder gets the flat registered on the other party's name. After the family members spoke to the builder, the builder replied that he would himself come and cancel the other partys registration and would re register the flat in the familys name. The fraud builder fled away making promises. The other party trespassed the disputed house with 15 people who were strangers. The elder unmarried daughter (20) of the family cried for help but the trespassers closed all the doors and windows. They hit her father and threw the furniture outside the house. The girl filed an FIR against the other party and the trespassers. The family also filed a case in the Civil court against the other party. The family has a purchase agreement, possession certificate, bills bearing their name since 2000. The only problem is that they did not register the flat.
The other party is trying to acquire the property by involving the police in this case by threatening the family.
What are the chances that the family can win the case?
5) Is there any law which states that the flat belongs to the one who has been staying in the property for years?
6) is it legal for the police to interfere in this matter? Even when the case is going on against the other party?