Clayton Mendonca
07 March 2010 at 02:38
1) An old 85 year old Roman Catholic Christian man having four sons sells self acquired property in Bangalore, Karnataka in 2000 to one of his sons with two other sons being witnesses. The fourth son is not aware of this sale.
2) In this registered Sale Deed the description of the house is written as - Plinth area of the building: 100 sq. ft., Roofed area of each such floor: Not applicable, Material of the wall and roof: Stone walls and tiled roof, Seller agreed to sell the Schedule Property to the Purchaser for the mutually agreed consideration of Rs. 1 lakh only which is the current market value of the property in the area.
3) As per the Karnataka Government CVC Valuation Committee document dated 2000, the price of the plot and house would have been valued at Rs. 5 lakhs.
4) The house actually was/is a two floor duplex house with a total floor area of about 1000 sq. ft. (ten times what is declared in the registered Sale Deed) and is built of concrete. This house was built in 1995.
My query is:
1) Can the fourth son now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
ii) He was 85 years old when he made the Sale Deed.
iii) The witnesses are very close relatives.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
v) The three brothers have colluded to disinherit the remaining brother of his share in his father's property.
If the 85 year old totally illiterate man was of sound disposing state of mind, how come he did not notice the fact that in the Sale Deed, it is mentioned that:
i) There is a farmhouse made of stone with the plinth area of the building shown as 100 sq. ft. only (when actually the structure is a two-floor concrete building with total area about 1000 sq. ft.).
ii) The current market value is shown as Rs. 1 lakh (when the actual market value on that date was about Rs. 5 lakhs)?
It is very obvious that the old man was duped by his three sons in 2000 and that this 85-year old man was not of sound disposing state of mind as can be seen from the above facts.
Please let me know the strength of the Court case if a case is filed by the fourth son to declare the Sale Deed as null and void. The old man died in 2001, one year after the sale deed.
Thanks in advance.
Clayton
Anonymous
07 March 2010 at 01:41
sir, how to check that the submitted evidence has been accepted/approved by the judge in a divorce case? For example, if the husband files the divorce on the grounds of dessertion but wife has the proofs of his stay with her in the form of his letters addressed to their common address, bank's transaction slip signed by him etc?
I would like to know - will the letters received through post on his name at their common address where both were staying together, be accepted by the judge without any doubt? How valid or weighatge these letters have to prove his stay?
Anonymous
07 March 2010 at 00:31
Hello,
We have a Limited company in Hong Kong, and I am a resident of India.
You might be knowing, in Hong Kong the income generated from other countries is tax free, most of our income is generated from other countries and we are exempted from tax.
I'd like to ask, how can I bring my money to India from my Hong Kong company by paying minimum tax.
I'll be really glad if you can help us.
Regards
MB
vinod bansal
06 March 2010 at 23:16
R/Members
Police has lodged a FIR on the complaint of a police officer u/ss 420/468/471 IPC against a person who was manufacturing & selling Televisions in the fake name/brand of Texla company.Now co. is interested in contesting the case to secure conviction of accused & wants to engage me lawyer in this case,but problem is this complainant is police officer not company,how can i file vakalatnama or contest the case on behalf of company.Thanks Regards
vinod bansal
06 March 2010 at 23:11
R/Members
In one of a complaint under NI Act after dishonour of cheque demand notice was sent by the drawee himself,i want to know whether this notice is amount to notice of demand as prescribed in NI Act,is it legal or drawee have to sent a demand notice again before filing complaint through a lawyer.Thanks Regards
Vinod Bansal Advocate Jind Haryana
vinod bansal
06 March 2010 at 23:06
R/Members
Kindly let me know meaning of "Refer to drawer" mentioned in dishonour mermo of bank in context of NI Act. Thanx
Anonymous
06 March 2010 at 21:54
hello sir,
i lost a suit for partition in the ciil court at bangalore.
the judgement was given without considering certain facts under section 52.
now i would like to know if i can go to high court for an appeal,if yes what are the chances for me to get back the property.
i brought the property for valueable considration. i am a bonafide purchaser.
the seller inherited this property from his father by virtue of a registered WILL
his sister had filed the case. the seller is absconding & i had to fight the case
i had got the sub registrar come along with
the thumb impression book & give witness
during evidence as i don't have the original Will with me. even after doing this bit the judgement said that i have not proven the will. can anyone help me
Anonymous
06 March 2010 at 21:14
hi, my friend's cross is there in divorce case. we want to know whether the lawyer writes down all the questions and then in court will read one after the other or he will ask the question whatever he feels at that time. Ideally how it should be?
Anonymous
06 March 2010 at 19:07
I have a legal question I hope you can help me with, I have taken pictures at IPL events and want to start selling my pictures as prints etc, Do i have to get permission from the people in the photograph(individual), or the IPL franchise, no one or both? Thanks all!
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harrasment by women cell
respected members
i am a girl of 23 years of age, and before 1 year, i had given one room of my house to a lady, and after giving room, after some days male persons started visiting her (lady) house. the naighbours objected this and, on demand of neighbours and other relatives we compelled the lady to leave room, but she threatnd to kill us. but ultimately she left room, after this incident my grandmother died. now i live alone in my house, and my mamajis family and chachajis family live nearby. one day the lady came to our house and started abusing me, and try to fight with me, and isulted me by saying that i am a bad charactered girl. and i had taken Rs. 20 lacs from her husband, i did not take it seriously, but on 31 jan she again came and abused me before the neighbours and slaped me, and misbehaved me, and said she will kill me. and we caught her in my house and call the police, but police did not take any action against her. now 0n 2nd march she gave a complaint to women cell, that i had taked Rs.20 lacs from her husband, she had not any proof with her. but the police(lady) of women cell call me again and again, and insulted me(by taking bribe from the lady), now the women police again calling me (without any proog), what action i can take against the lady, and the officials of women cell because they are harrasing me, abusing me and the lady slapped me and defamed me, and threatned me to kill. plz guide