Arun Kumar Agrawal
12 January 2017 at 19:25
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
Arun Kumar Agrawal
12 January 2017 at 19:02
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
prasanna kumar
12 January 2017 at 18:41
I filed a writ under Art. 32. I had to withdraw the same as the court asked me to. Court made an order to go to appropriate forum. But since all alternative remedies are exhausted such as High Court under Art.226 etc. I filed another writ under Art. 32. The registry said the writ has been lodged. What is the meaning of this. does this means that I have to appeal against the order of the registrar or does it mean that I have to refile the matter. Pls advice.
Whether a writ under Art. 32 can be refused even if the lower courts and tribunals have not heard the matter or merits.
V.R.Chandrasekhar
12 January 2017 at 17:37
Property was purchased out of remittance received by parents and loan availed as NRI (clubbing both)Loans stands closed out of remittance from abroad.(Entire contribution to purchasing the property was NRI funds).
Now propose to sell the property and kindly advise the procedure for retransmitting the proceeds back to NRI.
IS IT PERMITTED TO CREDIT THE PROCEEDS OF SALE TO NRO ACCOUNT AND REPATRIATE TO NRI SUBJECT TO FOLLOWING THE ITACT FOR CAPITAL GAINS.?
please advice.
p
12 January 2017 at 15:36
Sir, I am employed in Indian IT firm and was sent to work in client location in US. In US I signed a Non Disclosure and Invention Assignment and Non Solicitation Agreement with my Parent employer. In which it is stated that I cant work with client post termination of employment for 1 year. In the event of breach of contract i will need to pay huge amount. I signed these papers in US.
Now my client has offered me a good offer and posting in India in their Indian office.The recruitment procedure is going on in Indian client office.
Client has asked any agreement if I had with my Employer? I need to produce this doc. Even with agreement, if client is ready to hir me and
if I joined client in India, what will be implications. Can my Parent Employer sue me. can they force me to pay the amount.
Sashidhar
12 January 2017 at 15:31
Gud afternoon sir...
Can u plz give me the clarification whether the rule of agriculture Land celling have changed r not as mentioned above by lawyer Bhadra Garu
Deepak sharma
12 January 2017 at 15:20
My neighbour plot owner has opened a roshandan/window forcefully in my plot.
I have a plot on which my neighbour plot owner has opened a roshandan/window forcefully, even after requesting him to close it, he is so adamant not closing it. Actually he is a politically active person having lot of people in his back.
1) Kindly let us know how much land we have to leave in future due to this illegal activity, I have heard from somewhere that when you will do some construction you have to leave an area equivilaent to 3 ft*3Ft in front of the window becuase you can't stop the sunlight/air of anybody whole window is opened.
2) Please tell us how we can close the window as soon as possoible by taking the help of law and order (I read some where in the newspapaer there are 3.5 crore cases are pending in the indian courts)
S kumar
12 January 2017 at 15:12
I am having marital dispute with my husband and living separately.I am staying with my daughter .She is 5 years.Her Birth Certificate has my (Mother's name) Sunita Bhardwaj i.e with surname after marriage .I want to ask if there is a provision of getting my name changed to my maiden's name in her Birth certificate i.e to Sunita Sharma.I need to get her passport made.My Passport has my Maiden Name i.e Sunita Sharma. Infact All my documents have my maiden name except her Birth certificate which is causing lot of issues.
Rajendra
12 January 2017 at 15:03
Dear Sir,
Please guide me how to Consult the concern court registry to know about it.
In which department the court Registry is filed in Bombay High Court?
Please Guide me.
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Withdrawal of proceedings of exhibit 5
Exhibit 5 filed by plaintiff...... Respondent had submitted reply and plaintiff had also submitted counter affidavit . Now plaintiff denies to execute proceedings of exhibit 5 .......... And now he files fresh exhibit 17 under order 39 rule 1 & 2 however such new exhibit has same contents but has only changed his prayers .... So can he do this????