Naveen Kanth Dasari
27 March 2018 at 15:06
Hello Experts,
I have a query regarding Injunction Suit.
An open plot was purchased by Grand father on his Grand Son's name when he was 13 years of age and since then the property is on his name. At present the Grand Son is 50 years of age and even no construction is made on the open plot until now, however the father of the son has filed a Suit for Perpetual Injunction against the son claiming that he purchased the property out of his own earnings and not the Grandfather. The father had also filed 3 interim injunctions against the son for not to alienate the property, not to interfere with the peaceful possession over the property and not to alter physical features of the property pending disposal of the main suit and obtained a Status Quo order in one of the interim injunction pertaining to not to alienate the property.
However the actual facts of the case are that the father along with his 3rd son sold the property in February 2016 to his own daughter by forging the signature of the 1st son(the actual owner), and the 3rd son mislead and represented before the Sub-registrar that he is the actual owner, meanwhile the same came to the knowledge of the 1st son and after lot of hue cry made by the 1st son, the 3rd son again executed a cancellation deed in July 2017 pertaining to the Sale made in February 2016 stating that the Vendee did not oblige to the terms and conditions for the sale consideration and has not given the physical possession to the Vendee as he has not received the sale consideration from the Vendee. Further in September 2017 the 1st son after the cancellation of the sale deed to safeguard his property has executed a Gift Settlement Deed in favour of his own son and even the son has executed a Deed of Development cum irrevocable GPA to a third party for development of the property in December 2017.
Now my query is whether the suit for perpetual injunction is maintainable as the actual owner is the 1st son and by illegal means the father, 3rd son & daughter a executed a sale deed by forging the signature(signature is completely different from the true owners signature) and misrepresenting before the Sub-Registrar that the 3rd son is the owner and will the court pass orders for interim injunction in favour of the wrong doers even if actual facts are brought before the court. However the 1st son has not filed any criminal case against them as they are his blood relatives.
Plz need your advice as a counter and WS has to filed in this case.
Thank You
Anonymous
27 March 2018 at 14:53
I had joined an advisory firm on 15th Jan'18 and worked till 8th march'18. First 15 days were counted by them as training and were unpaid. I received my pay cheque on 8th march and due to my interview at a college i could not work between 9th to 15th march . The same was conveyed by me to the phone both telephonic-ally and through mail, i also attached my admit card as proof. when i placed my cheque it returned with the reason that the company has stopped payment on that cheque. I dont wish to join the company again. They are not agreeing to me for the month i worked with them.
I didnt sign any contract with the comapny but just a form that your salary will be delayed for 10 days if u take leave for 4 consecutive days. But before my leave i had received the salary cheque.
What should i do?
Rudra Dev Bagchi
27 March 2018 at 13:44
In the deed of Guarantee of the bank specific clauses are there where it is said that the guarantor by signing the documents gives up his rights under section 133, 139, 141 and 144 of the Indian Contact Act. In the circumstances can the guarantor at a later stage claim his rights under section 133, 139, 141 and 144. Please elucidate.
Adv. Hemangi Jade
27 March 2018 at 13:03
Hello Experts,
Criminal Court convicted the Accused in 138 matter.
Thereafter Accused filed Appeal before Sessions Court but the said Appeal had also dismissed 2 years ago.
Now the Complainant wants to execute the Decree of conviction.
Accused is absconding.
What should be the next step?
Thank you in anticipation.
Manish Dua
27 March 2018 at 11:20
Dear Learned Members,
Please help me in this concern. I have a client from Mathura (U.P) his property papers seems to be a bit errornous to me.
The Site Plan annexed along with the registry indicates the Land to be of 226 Gaj (calculated as per the dimensions given), but inside the registry papers it is clearly mentioned 145.2 Gaj.
The Property was converted from Leasehold to Freehold in the year 1996 and the construction of the property since the begining has been as per the Site Drawing (i.e, 226 Gaj).
Please suggest the steps that can be taken to avoid future trouble at the time of selling that property.
Manish Dua
Sarda
27 March 2018 at 00:50
My grandfather left behind a registered will for his property in hyderabad..do we need to probate the will?
Adv B.B.Gambhir #9814820602
26 March 2018 at 22:16
what is the provision to get divorce in christian law.
Mangalesh
26 March 2018 at 19:37
My Grandmother is an individual owner of a plot.
She has lost all the property documents and is now left only with society share certificate.The plot is old(1981).She has two sons and three daughters.
She now stays with younger son.(from past 30 years approx).
The Property Documents are old so the documents are lost at sub registrar office as well as in the Society.
She suspects the original documents are with her elder son.
She has asked him to handover the documents verbally but in reply the elder son says that he is still searching for the documents and will give it when he finds it.
How can she extract the documents from the elder son without any problems.
Debjit
26 March 2018 at 18:46
Dear Sir,
I am Debjit Ghosh,Ex Defence Person. My parents are staying in Ancestral Property in Kolkata.
My Grand fatcher and grandmother have not demarcated the property to their son and daughter. now in the ancestral property My parents hold 75% and my paternal aunt holds rest 25%.
My father was following her since last 20 years to get the property separated by paying money to her and getting absolute authority on the property. Her husband assured her in writing long back saying she will not take her portion, if also takes will take bare minimum. But now as he expired, my aunt denies his signed agreement on normal paper and wants to claim current market value of the property.
Request guide my fathers stand in this case.
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