Yeshwant
01 March 2015 at 11:19
Hi,
Need your expert advice on Sale Deed - Objection.
In year 2011, ancestor property of A, B, C, D was sold by A and B to Party X.
C and D were against such sale. So they raised Objection the Sale Deed and filed suit in the Court (ghazipur, uttarpradesh).
Case is still going on. But, now the land ownership has been transferred to Party X.
Wanted to know, what is the use of Sale Deed Objection.
Thanks and Regards,
Yeshwant Gupta.
Anwaar Mohammed
01 March 2015 at 09:43
Hi my name is Faiz Mohideen.My grandfather settled his property measuring 3700sqft to his four sons. My father is his second son and rear portion of the property measuring 1026sqft of land along with superstructure 845sqft was settled to him in the year 2004 and the remaining portion were settled equally to his three brothers. My father settled the same to me in the year 2011. I am the absolute owner and in possession of the property since the day it was settled in my name.
This property has a common pathway 5 ft extends from 1st portion to 2nd portion's end then the common pathway becomes 8 ft in the 3rd portion and ends in the same and common pathway belongs only to 2nd,3rd and 4th (rear portion) portions only.
Problem or doubt lies only with the 3rd portion belonging to my fathers elder brother and 4th portion belonging to me.
In the 8ft common pathway which starts and ends in the 3rd portion, there exists staircase which leads to open terrace of 4th portion. It is pertinent to mention here that the access or entrance for 4th portion(my portion) exists only in the 3rd portion and it has been used as the entrance for the 4th portion(my portion) since 1990(by my grandfather then my father) to present(by me) and it measure's around 4 ft.
In 2012 my grandfather cancelled the settlement made in favour of my father's elder brother(3rd portion) by a revocation deed and settled the same to his daughter's son. So my fathers brother filed the suit and the case is pending before the Hon'ble High Court since 2012.
Yesterday my aunt's son in whose favour the 3rd portion is settled blocked my entrance by constructing a wall then I made objection. He made complaint to nearest police station and officers came to inspect the same. I have explained the facts to the officers and they have accepted the same.Then they partially cleared the entrance. As far as i know when the litigation is pending in the court, construction is not permissible.
Since 1990(since construction)the 4 ft entrance which exists in the 3rd portion is used as a entrance to the 4th portion and it is the only entrance to the 4th portion. My question is whether this comes under easement right? Whether I have got Adverse possesion over the entrance ?
If my question is not clear please let me know.
Member (Account Deleted)
01 March 2015 at 09:16
DEAR EXPERTS,
I HAVE GOT PRINCIPAL DISTRICT COURT ORDER 15 DAYS BEFORE TO CLAIM MY 1/5 SHARE BY PARTITION SUIT AGAINST MY COUSIN. PLEASE ADVICE FOR THE FOLLOWING MY QUERY.
1. HOW MANY DAYS AFTER COURT ORDER COME TO FORCE (EFFECT)?
2. CAN I CLAIM LAND PATTA CHANGE (IN V.A.OFFICE) BY THIS ORDER SUDDENLY OR WAIT FOR SOME DAYS ?
3. CAN I SALE TO THIRD PARTY IN MY 1/5 SHARE BY THIS COURT ORDER?
4. WILL NEED TO SUBMIT MY ORDER COPY TO SUB REGISTER OFFICE FOR REQUIRED CHANGES IN LAND RECORD?
5. CAN MY COUSIN TAKE ANY STAY ORDER IN HIGH COURT AGAINST MY COURT ORDER?
6. IF MY COUSIN GO APPEAL IN HIGH COURT AGAINST MY COURT ORDER, WILL AFFECT MY ORDER OR MAY OCCUR ANY PROBLEM CLAIM 1/5 SHARE IN THIS MOMENT?
7. IF MY COUSIN GO APPEAL IN HIGH COURT, HOW LONG IT WILL TAKE APPROXIMATELY TO DELIVER JUDGEMENT?
8. CAN I STOP MY COUSIN USING MY 1/5 SHARE LAND BY THIS COURT ORDER?
9. HAVE ANY RULE TO STOP MY COUSIN APPLY APPEAL IN HIGH COURT?
10. CAN I MOVE TO SURVEY MEASUREMENT BY THIS COURT ORDER IN MY 1/5 SHARE LAND?
THANKS ALL EXPERTS,
SUJATHA
Nina
01 March 2015 at 09:09
Hello! Experts,
My Aunt died in 2002 and left behind an unregistered will. In her will she left her home in Jabalpur, MP to 3 people - me, my sister and a family friend (Mrs M). Mrs M and her family have been maintaining and residing in that home since 2003 without the permission of me or my sister. I have now received news that Mrs M is looking to sell the home.
Question 1) How can I put a stop to the sale of this home?
My Aunt, who never married and had no children, was very close to me, she gave me all the jewelry she owned for my wedding. All the fixed deposits in her bank account were jointly in her and my name and I inherited the same on her demise. She verbally told me that she had willed her home to me. While she was alive I never saw her will.
On my Aunt's demise in 2002 I could not make it as I live abroad. When I finally did make it to Jabalpur in 2003 I was given just the first page of the will by Mrs M (the family friend). I was surprised to find her name also included in the will. The will appeared to have been fraudulently modified as a line had been inserted in the line-space between 2 existing lines. Mrs M had used this will to transfer the property to her name and had also moved into the bungalow with her family.
Question 2) Can I at this stage (in 2015) challenge the will or is it too late? How could I go about proving fraudulent modification?
Thanks so much for your advise. In the past I have found the experts on this site very knowledgable and helpful.
Arnav Raj
01 March 2015 at 00:51
Sir/Mam
In filing of a suit, can in the plaint apart from the facts, a fact in issue be put up in a questionnaire form against the defendants?
For E.g.
A fact is already proved to be against the defendant, but it needs to be highlighted so that they answer to the question specifically in the form of Leading Question, for which the answer be only in form of Yes/No.?
raaju
28 February 2015 at 23:56
My name is Raaju working as private teacher in a school from Andhra Pradesh. I am 58 years old and i have 4 elder brothers almost everyone are retired. We are having 900 square yards land in Andhra Pradesh as a private employee my income is very less and need to sell my land for my daughters marriage but my brothers not accepting to sell the land. We partition the land in 2012 and got 180 square yards but now no one are coming to buy my land because it is small space the buyers want total land but my brothers are not agreeing with me to sell the land but my circumstances are too bad they want me to sell my part for less amount to them which is very less. I agreed for partitioning the land because the made us believe that they will sell it within 1 month but now its almost 3 years still didn't sell the land. Cancel i cancel the Registration and ask for first space of the land according to the rule as i am the younger son and i will get the initial space of land is it possible to ask like that and cancel the registration? Please help me anybody
Pran
28 February 2015 at 22:48
Respected Sir/Madam,
Does an unregistered “Agreement” or an unregistered “Deed of Settlement” can be used for mutation of names in an Agricultural Land in West Bengal ?
If “NO” then what other kind of unregistered document could only be used for mutation of names in an Agricultural land in West Bengal ?
Please, clarify because my ancestral properties in my village in West Bengal are getting divided and we are performing mutual “Settlement Deed” but will not register it due to some constraints.
Hence, can we do the mutation with this unregistered deed of settlement or agreement ?
Please reply, and thanks in advance…
Member (Account Deleted)
28 February 2015 at 20:32
My Parents have 5 childrens,1 son and 4 daughters...My mother gifted the property to me (son),now there will be sharing of property to the other 4 daughters is applicable or not?
Sushil kumar
28 February 2015 at 19:58
Dear SIR
My house trespassed by criminal nature relatives after 8 years evicted by court order by court bailiff under police protection, the trespasser sitted out side my house with his household articles with his wife on visit put wife in front to false blame, etc. in november 2014 i was out of country for few days he again break open the locks trespassed my house please advise law full remedy fast and early ...complaint done in police but no action by police .....police is involved one relative is retd police man thanks in advance......sushil
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Duration to file partition deed
Hi,
An ancestor property belong to A, B, C, and D.
A is head of the family and B, C, D were child of A.
A and B Sold the ancestor property to party X in year 2011, which C and D were against.
After having arguments, A, C and D filed suit to cancel the Sale Deed.
Now, C wants to file Partition Deed on the land now. (2015)
Can C file partition deed on the sale Deed.
Note: Even after raising Sale Deed Object, the ownership of the land was transfeered to Party X.
Please advice, whether C and D can file partition deed separately now.
Thanks and Regards,
Yeshwant Gupta.