suresh kewalramani
24 January 2014 at 14:16
My father died intestate in 1992.
He jointtly held a property with my brother.
Money for purchase of the flat was paid by my father.
Since my brother was to stay in that house for convinience sake my father had added my brothers name as a joint purchaser.
My mother died in Jan 2005.
My mother has willed her property to my son(only grandson in the family)
In Sept 2005 my brother sold the flat without either getting a succession certificate or a Letter of Administration NOR has he taken written consent from me NOR my son who inherits our mothers share by virtue of her will ( under probate) NOR did he even bother to inform me and my son.
Has my brother committed a criminal offence, if yes under what sec of IPC ?
Has my brother commited forgery?
Has my brother committed criminal breach of trust u/s sec 406 of IPC?
Would appreciate your views and comments
Regards
SURESH KEWALRAMANI
suresh kewalramani
24 January 2014 at 14:13
My father died intestate in 1992.
He jointtly held a property with my brother.
Money for purchase of the flat was paid by my father.
Since my brother was to stay in that house for convinience sake my father had added my brothers name as a joint purchaser.
My mother died in Jan 2005.
My mother has willed her property to my son(only grandson in the family)
In Sept 2005 my brother sold the flat without either getting a succession certificate or a Letter of Administration NOR has he taken written consent from me NOR my son who inherits our mothers share by virtue of her will ( under probate) NOR did he even bother to inform me and my son.
Has my brother committed a criminal offence, if yes under what sec of IPC ?
Has my brother commited forgery?
Has my brother committed criminal breach of trust u/s sec 406 of IPC?
Would appreciate your views and comments
Regards
SURESH KEWALRAMANI
YAGNESH HASMUKH DAVE
24 January 2014 at 14:04
if a husband and wife have residential flat in 1/2 share in their name husband name is first and second name of wife they want to purchase another flat in 1/2 share and this time first name is of wife and second name of husband then what will be effect of capital gain at time of selling any one residential flat can they invest in another residential flat for exemption from capital gain tax or have to invest in capital gain bond will both be having capital gain tax our only the person with first name pl explain in brief
Swaty Gupta
24 January 2014 at 13:17
Dear sir,
our family has been subjected to a frivolous litigation since 1980. the suit is for the tenancy rights of our commercial property. theplaintiff claims to be the original tenant(tenancy since 1949). we have all the required evidence- rent receipts, witnesses, documentary proof by the previous land lord etc. the suit has been dismissed earlier for non prosecution. although the suit is now in final stages(as claimed by our lawyer), still no approximate time frame is given. also, now that the suit is about to close, we heard that the plaintiff has moved some application in high court to put restrictions on disputed property and business.
the plaintiff is a frivolous litigant and involved in many other cases of cheating and recovery of money etc.
how to stop him from using law to harass us any more. i cannot ask my lawyer as the elder of the family do not permit me. he himself is afraid to ask the lawyer any questions and just blindly trusts him.
secondly, inspite of having a strong case, we've been suffering this suit for long. how to speed up the closure of this suit.kindly guide me. are there any extra legal bodies who would help with this?
the case is at present in tis hazari courts.my husband is also one of the defendants. when he tried to speak to the lawyer, the lawyer told him 'the elder knows all the details and you should ask him'
Ritika singh
24 January 2014 at 13:13
how as a secured creditor, i can auction a property on which income tax dues are very high. keeping aside the priority of charges and satisfaction of secured creditors dues first , how can an auction purchaser bid in such an auction when he knows the IT arrears will pass on to him and its a bad deal for them.
can an alternate recourse be suggested as the property is stuck with us?
Pragnya
24 January 2014 at 12:46
I was trying to get some material for Singing of national song under roof & after sunset.Can some one please help me.
What is the actual legality & what does our constitution say for this?
sandeep rane
24 January 2014 at 12:44
Defendant withdraw plaintiff in june 2007 forcibly from premise in which we had share and after expelling us we had file complaint under section 145 of crpc to get possession .This premises belongs to Mhada. in 2008 april when case under 145 was pending in court mhada in collusion with defendant and local police station in spite of knowing that case under 145 pending against this premises treansfer this premises on the name of third person. after that in may 2008 we withdraw complaint under section 145 and file civil suit but this suit was not filed properly. MHADA ,third party, police station had not made party to the suit and this suit had enormous mistake. in short even the address of premises was not written properly. then lawyer how made this mistakes that god knows.plaintiff was illiterate and could not understand all this. in this court allow chamber summon to add third person as party but plaintiff could not do that did not add third party as paty to the suit due to the lack of legal service because plaintiff was poor. thereafte through legal aid in 2012 june plaintiff withdraw this suit with the permission of the court to file fresh suit on the same cause of action
without adding third party to the suit .after that again plaintiff due to non provision of advocate to the plaintiff by legal aid palintiff could not file suit till yet now plaintiff trying to file fresh suit with the help of private lawyer. add mhada and police housing society and othe person whom he had not added as party in earlier suit.
to file new suit to whom plaintiff is required to give prior notice ?
If plaintiff wants to add police station as party also to the state government and mahada,third party, housing society,chairman and secretary of housing society.
plainitiff know that to add state government as paty notice under section 80 is reuired but this notice to add state government as party to whom is to be sent.
Is any notice need to be sent to police station as party also to mhada,third party, housing society,chairman and secretary of housing society and how and under which section and for how many days ?
can palintiff file suit under specific relief act now ?
In order to receive interim relief in terms of either possession or appointment of court receiver what should be done?
is there need to separate suit for interim relief?
if the court fee amount is 4230 then what can be the average fees of private lawyer to file this suit now in mumbai ?
deepak
24 January 2014 at 12:22
How to apply for semi-closed prepaid wallet license ? and eligibility criteria for the same..?
Singh
24 January 2014 at 12:10
Hello all,
my father has died leaving behind 3 sons(A,b,c) and one daughter(d).the 2 sons(b,c) and 1 daughter has relinquished their 1/5 share each in favour of the mother by registered requilnshment deed in year 1991 and on the basis of this RD mother became the owner of 4/5 share and 1/5 in the name of son(A) who has not relinquished.Mother further gifted her 4/5 share in favour of (B) vide gift deed in the year 2000 and son A has filed a case for posseession of his 1/5 th share.The point is we need to prove the RD and GD in the favour of Mother and subsequently in the favour of son (B).Both documents are duly registered with Sub Reg. delhi however those docs. have only 1 witness each and they are not willing to depose in court regarding the execution of Docs.If we summon those witness then they may dispose against B that they have not signed as witnness or they may not come even after summoned by court .So My question is in these circumstances how we could prove the authenticity of RD and GD as the fact is both docs are duly registered with SR, Delhi and signed by the parties.However now one of the son (C) is challenging that RD and GD and saying he has not signed RD and Gift deed also not executed by mother in favour of B.If we summon Sub Reg and get it proved than what are the chances that we are able to prove execution of RD and GD.Please suggest the way and procedure to prove the docs.I am expecting a detailed reply from you experts so that we can summon the witness and able to prove the docs.
Thanks
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Sale of property with out succession certificate / letter of administration
My father died intestate in 1992.
He jointtly held a property with my brother.
Money for purchase of the flat was paid by my father.
Since my brother was to stay in that house for convinience sake my father had added my brothers name as a joint purchaser.
My mother died in Jan 2005.
My mother has willed her property to my son(only grandson in the family)
In Sept 2005 my brother sold the flat without either getting a succession certificate or a Letter of Administration NOR has he taken written consent from me NOR my son who inherits our mothers share by virtue of her will ( under probate) NOR did he even bother to inform me and my son.
Has my brother committed a criminal offence, if yes under what sec of IPC ?
Has my brother commited forgery?
Has my brother committed criminal breach of trust u/s sec 406 of IPC?
Would appreciate your views and comments
Regards
SURESH KEWALRAMANI