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Rajendra   18 January 2017 at 13:32

Consent terms

Dear Ms. Usha Kapoor Madam,

Consent Terms duly signed by the parties and
Their Advocates tendered, taken on record and marked “X”.
Decree in terms of Consent Terms.

Refund of Court fees as per rules.

Prothonotary to act on the Minutes.

Smt. Ramrati Radheshyam Gupta ) . . . . PLAINTIFF
Versus
1. Ramesh Ramdeo Gupta )
2. Rajendra Ramdeo Gupta )
3. Pushpa Ramdeo Gupta )
4. Kamla Ramdeo Gupta )
5. Devendra Radheshyam Gupta )
6. Mahendra Radheshyam Gupta ) . . . . DEFENDANTS


CONSENT TERMS

1. The Defendants waive service of Writ of Summons.

2. Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.

3. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.

4. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.

5. Decree in terms of Consent Terms.

6. No order as to cost.

NOW PLEASE GIVE SUGGESTION TO BELOW MENTIONED MY QUERY :

IF PLAINTIFF EXPIRED AND DEFENDANT NO.1 IS ALSO EXPIRED AND THE GIVEN RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE RIGHTS HOLDER i.e. DEFENDANT NO. 5 & 6.

NOW I WANT TO KNOW THAT IF RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE DEFENDANT S NO. 5 & 6,CAN DEFENDANTS NO. 5 & 6 WERE EXECUTE IT NOW?

If possible give me your address for personally meeting & showing documents to you personally

Thanks & Regards

Rajendra Ramdeo Gupta
9222211660

shivshanker jain   18 January 2017 at 13:09

Lost registered papers

there are two directors in company . one invested money to buy property in name of company , now other director has stolen original papers.

what precuation should be taken to prevent sale of property further.

none of director is having shareholding in the company

shivshanker jain   18 January 2017 at 13:06

Appointment of director

tere are two directors in pvt ltd company , one out of it has appointed one more director with forged documents filled at mca.

please suggest what action can be taken and how appointment can be cancelled

Aditya Dev   18 January 2017 at 13:03

Legal heirs vs nominees

I AM A MARRIED MAN WHO HAS AN ACCIDENTAL INSURANCE POLICY. MY ONLY NOMINEE IS MY FATHER. NOW AFTER MY DEATH IN AN ACCIDENT, MY WIFE GOES TOT HE BANK AND SAYS THAT SHE IS MY LEGAL HEIR AND IT IS HER RIGHT TO GET THE MONEY OF THE INSURANCE.

MY QUESTION IS THAT PROVISO OF SUBSECTION 1 OF SECTION 39 OF THE INSURANCE ACT MAKES A CLEAR DISTINCTION BETWEEN 'MONEY RECEIVED' AND 'MONEY PAID. ALSO SUBSECTION 7 OF SECTION 39 ALSO SAYS THAT THE "NOMINEE SHALL BE BENEFICIALLY ENTITLED TO THE AMOUNT PAYABLE"

THEN CAN MY WIFE CLAIM THE MONEY OR WILL MY FATHER BE THE ULTIMATE OWNER OF THE PROPERTY??

PLEASE ANSWER ASAP AND DO READ THE RELEVANT SECTION.

V.N.K. MENON   18 January 2017 at 12:24

Deposing by our witness

Dear experts, I shall be much thankful for your valued opinion/guidance please.

(1) We purchased a plot some time back from “A” when in Delhi transactions could be done through POA and now the party “A” is no more. We have been running a school there since 1999.

(2) Party “B”[lured by greed by the present property scenario] who are heirs of "A" challenged the transaction saying it is a forged document.

(3) A witness “W”who was present when the transaction took place already deposed by way of affidavit in our favour.

(4) Advocate of “B” called the witness “W” for examination-in chief. “W” does not know English. THE CONTENTS WERE NOT EXPLAINED TO HIM IN HINDI THE LANGUAGE KNOWN TO HIM. He signed the English version thinking it to be what he had answered.

(5) When we saw the copy of disposition and explained to him, he said he never admitted such things. OUR ADVOCATE DID NOT EXPLAIN TO HIM NOR MADE ANY PROTEST IN THE COURT AT THAT TIME. It seems he ditched us.

QUERY:
IS THERE AN APPROPRIATE REMEDY?
Whether the “W” can be cross-examined by us/ADVOCATE.
Applicable provisions of Evidence Act may be cited.

Thank you once again for collective wisdom.

Lalit Bhushan   18 January 2017 at 12:21

What is replication

Tell me about what is replication.

Vikas   18 January 2017 at 11:58

Quashing of FIR

Sir, in following thing, I want to know what is the meaning of 'Ad interim relief ' ??


You are hereby informed that your matter was heard by the Honble High Court today and Hon'ble High Court was pleased to issue notice to respondents and also grant ad interim relief that the police may continue to investigate the matter but shall not file charge sheet till the next date.

Kulwinderjit Singh   18 January 2017 at 11:04

Regarding Reinstatement on his g IP vt service after convict

Sir, i want to know legal opinion or hc or sc judgements references in which any govt employee was convicted in any criminal case and convicted for seven years. Now he has completed his sentence but his criminal appeal against cinviction is till pending before high court. His department shows him absent from duty. No action taken against t he employee from deprtment should taken. Is he may join his govt job. Please guide me in thid regard. Thanks...

practicing advocate   18 January 2017 at 11:01

Woman of bad character

Your Excellency,

Myself advocate pradeep mishra is doing an independent practice by visiting various sites pertaining to law.Yesterday one of my friend came across to me and told me that one of his freind his suffering from blackmailing by one married woman and demanding money from him for exposing her past illegal relationship with him.It is in the knowledge of her husband also.As per the information provided by my friend how should i proceed with this particular case without having any solid evidence in my hand against that woman.

Please provide me your valuable advice to tackle this critical case and what suggestion should i give to my client?

Anonymous   18 January 2017 at 08:51

Unregistered document

My grandfather buy a land 15 cent in survey number 85 144/2. Due to road extension land was taken by the high way authority and we got balance 6 cent in it. My grandfather has 6 children but no one came forward to use the Land so I cultivated the Land more than 20 years. Recently i noticed the Land cultivated by me have separate survey number 85 267/3 and i registered it in my sister name. Is it possible for my uncle(chitthappa) to claim case on me.