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Bhumika   19 April 2018 at 23:06

Cause of action in case of void/ voidable sale deed

My father purchased a agriculture land in 1987 and paid for that land. The owner gives irrevocable power of attorney to my father and as an attorney my father got permission for non agricultural use and than divided it in 20 plots.and made a sale deed in favour of my mother for the 5 plots. After that my father started the factory of fertilizer in the said land. But after a year my due to the loss in bussiness they closed the factory.and shifted to the other city. And construction of factory was there on the land till the 2006. My father is missing from 2004 after the two years in 2006 my mother visited the land because she needs to sale the said land for survival. But when she visited the land she comes to know that someone else is in the possession of our land. Than my mother go to the police station to file the complaont but the police in return threat to my mother to dont do any complaint. And also the person who was in possession threatened my mom to not to complaint and legal procedures and the person is a sarpanch of the village. And threatened my mom to sign some papers my mom refused to sign. But she can not file any suit due to the constant threatening. But now i am studying llb so i inspected the documents and came to know that some goons and a lawyer made the land scam they got cancel the order of non agruculture use and transfer the land in agriculture again with the help of the main owner by making false sentences and afgidavits that none of the plots are sold after the permission of non agriculture and submit the certificate of the talati in support the same. And sale the land again to the other party. And after that two more transaction of sale have been made.

After collecting all the papers i made a police complaint for perjury and forgery.

Bit now i want to file a civil suit for the cancellation of the total thre sale deeds. From which first sale deed is registered in the year of 2006 second one is in year of 2008 and the last one is at the year of 2010

Now i want to file a civil suit to declare the all the sale deed void as above.

1. Knowledge about the land scam is the sufficient cause of avtion? My age is 24 , my mom is 64.

2.is the suit barred by limitation act for time limit

3.is delay in filing suit because of threatening is sufficient reason to condon the delay?

4. Still they are threatening us to not to file a suit. This threatening can be used as the constant cause of action ?

5. My mom came to know in 2006 that our land is in the possession of others. But she dont know about the sale deeds.

In 2017 i came to know about the said sale deeds.

Than which one from above is the cause of action ?

When my mom comes to know about posession

Or when i came to know about the sale deed?

6. Is there any chances to success in the suit ? Please advise,.......

Govind MUDGAL   19 April 2018 at 20:59

Rental property

My Father has given the shops on lease to shopkeeper..and in 2013 he passs away..
Now,We want to rennovate the shops.and the shoppkepers are not ready to leave the shops..

It is not possible for us..to go daily and file a case..
What should I do..Then..

Anonymous   19 April 2018 at 20:43

Me vs society

Hi experts,

I have a MAHADA house which was owned by my grandfather.
In order to transfer it to my name society is asking for letter of administration, when I have a will drawn on blank paper.
There is no legal heir apart from me .
I understand that I am providing indemnity bond, affidavits and legal documents to effect this transfer.

I want to know if the society still refuses to transfer the house in my name then can i get directions from the registrar of co-operative society to 1]direct the society in question to effect transfer?
2]then what is the procedure?
3]is the society right in asking letter of administration considering they know iam the only heir and i have a will which is not probated and i don't wish to probate to avoid stamp duty.

Please reply

Anonymous   19 April 2018 at 20:33

Will after death of deceased

Hello Experts,

I have a will which was made by my grandfather who died about 5 years ago.
It was drawn on paper. It is neither notarized nor registered.
My father passed away about a year ago.
My father was the only son of my grandfather.
Now I would like to get the will registered.
On visiting the registrar office i was told that probate would be needed and that the Registrar registers the probate and not the will itself.
I insisted that the witnesses were ready to file affidavits about the genuiness of the will and that the testator too would file the affidavit and we would provide all needed documents.
The Registrar however insisted on obtaining probate without which he would not register the will and that it is his discretion to decide what documents are needed to register the will

I would like to know what action lies with me againt the Registrar?
Is it ok if instead of registration I opt for notary?

Hitesh   19 April 2018 at 19:53

Transfer of flat

My mother gifted 1BHK flat IN Mumbai to my both sisters, even in nominee their name is there in agreement. Few days back Society have transferred that flat on both my sisters name. Recently, my younger sister paid share to my elder sister as she was in need of funds and buy that property internally on mutual understanding. Now my query is it required to pay transfer fee to society if my younger wants to transfer that flat on her name??? Presently, that agreement is on my both the sisters name.

Hitesh   19 April 2018 at 19:50

Transfer fees

My mother gifted 1BHK flat IN Mumbai to my both sisters, even in nominee their name is there in agreement.

Few days back Society have transferred that flat on both my sisters name.

Recently, my younger sister paid share to my elder sister as she was in need of funds and buy that property internally on mutual understanding.

Now my query is it required to pay transfer fee to society if my younger wants to transfer that flat on her name???

Presently, that agreement is on my both the sisters name.

Ankit   19 April 2018 at 19:14

Query regarding 156-3 crpc

1 Under 156 (3) CRPC,the FIR was registered in the Section 452/354 IPC dated 23/2/18 in , final report of the police and recommendation of 182 CRPC dated 12/3/18 in


2 JM Court, the complaint was given in the complaint dated 2/4/2018, the police filed FIR but did not arrest the accused


3 JM COURT, ordered registered in complaint case in the court


4 Can the court register the libel after the Final Report, please tell a law to dismiss the libe

PURUSOTTAM PANDA   19 April 2018 at 18:57

Odisha professional tax

Respected Sir / Madam,

An employee is getting INR 30,000.00 p.m. But, the employer is not deducting professional tax. Can the employee apply for enrollment u/s 6(2) of the relevant Act of Odisha Professional Tax? Will he / she pay the tax annually @ INR 2,500.00? If he / she does so, what will be the impact on the employer.

Thanks in advance.

JAGADEESH   19 April 2018 at 18:12

St caste certificate and land encroachment regarding

Respected Sir/Madam,

Our Forefathers are belonging to ST (Kondh) caste and we are having 20 acres of land in Orissa, those lands were given to lease during 1970 and part amount Rs.3000/- have taken from the other party out of Rs.5000/-. After few years we have been asking them to handover the property to us by paying their amount, whereas, they have encroached the property and trying to change the documents by managing all officials. In this regard, our forefathers were engaged an advocate to get the support as they were illiterate (2nd Class Studied). The said advocate collected all original relevant documents from my forefathers and handed over to the other party including caste certificate original. Very recently we have applied for ROR patta in the district Sub-collectorate and found that the land is on the name of my forefather and the caste also mentioned as "Kondh" ST. Based on which we have applied for caste certificate at Tehsil Office, the respective Tehsildar is not accepting the application by claiming that we are not living in local. The Tehsildar informed the same message to other party and now the other party have filed a petition in Additional Land Commissioner that we have enrolled as BC caste in Andhra Pradesh after 1980s, as we do not have any proof of documents that as we belonging to the caste "Kondh".

Now our request is how to explain the answer to Additional Land Commissioner (in the Court) and also how to get the Caste Certificate as "Kondh".

Please suggest how to protect my Land from encroachment and how to approach ST Commission,

Thanking you,

R Satyanarayana
9666821844.

Wakle   19 April 2018 at 16:57

Dv act maintenance in change in circumstances

i.my wife file dv act on 28/1/13.Lower court order me 5000pm maintenance.Then Session court order me 24000pm.I did appeal in HC,HC order me 18000pm.But now im not service,loss in bussiness, . i get heart attack 2yrs back. Im not liable now 18000pm to my wife.my wife also file divorce case & asking me for permenant alimony of 30 lacs which one im not able to pay her.my question is 1)may i able to file case to reduce maintenance in dv act?according to which section.2)where to file case ? which type of court? 3) my wife file all cases in her district.in her district no family court. My district have family court. May i able to file case of reduce maintenance in my district family court?