possession suit
suny
(Querist) 06 October 2016
This query is : Resolved
Hello Team,I seek your valuable advice cum help on some points.Mr.X had purchased a plot measuring 2 marla(22*24=528sq feet)on 1976 an agreement to sell which was registered before First class judicial magistrate and constructed two shops.The sale deed at that time could not be executed as the government barred/prohibited for the alienation of land.1982 when government revoked the ban and registration of sale deed could possible but Mr.X has been died in whose favour the agreement to sell executed and get registered and his legal heirs namely A,B,C(sons)and D(daughter)are alive.Out of the legal heirs of Mr.X namely A,B(sons)and D(daughter)had deposed their statements and sworn affidavit before the First class judicial magistrate that Mr.X had purchased the said plot for his younger son C and if the sale deed registered in favour of C then there is no objection to other legal heirs.The sale deed has been registered in favour of C.C constructed first floor in 1982 and second floor in 1998.B was government employee from 1969 to 2005 and C also government employee from 1971 to 2009.In 1995 C gave shop no.1 to his brother B's son without any rent agreement on the orally condition that when C has retired from his service B's son vacate the shop.A has been died in 1996.C asked B's son to vacate the shop after his retirement for personal need because C retired from service and his son unemployed.But B and his son refused to vacate the shop no.1and also forcibly occupied shop no.2 and told that they vacate only one shop on that conditions if half of the first floor as well as second floor gave them either free of cost or on the rate norms of 1982.C filled possession suit in the court.In court B said that he is businessman since 1979 also obtained Form'O'from Labour department for establishment of his business since 1979 and also said that they gave only plot not possession of shop.A's son also support B and his sons and asked C to give his share.They also malfied FIR against C and his son u/s452,323,034rpc.Please help on some points:
Whether A's son claims his share after 20 years of death of his father whom his father submit his share in favour of C through proper legal procedure.
Whether any criminal case registered against B after 11 years of his retirement for during service he obtained Form'O' for misleading Labour department and recovery of his all retirement benefits as well as pension.
Please answer Thanks in advance
Regards
SG
Guest
(Expert) 06 October 2016
What personal concern do you have with the case or X, A, B, C, & D?
suny
(Querist) 06 October 2016
I m son of C
Guest
(Expert) 06 October 2016
OK, but now question arises, validity of document with transfer of title is relevant. So, what proper legal procedure was adopted by A & C in the transfer process of the share of A to C.
Guest
(Expert) 06 October 2016
Still further, what is the relevance of any criminal case against B after 11 years of his retirement for during service with the property case? In what way you want to link recovery of his all retirement benefits as well as pension with the possession case dispute amongst the family?
Ms.Usha Kapoor
(Expert) 07 October 2016
Answer the queries posted by Mr.P.S.Dhingra Ji.
Dr J C Vashista
(Expert) 07 October 2016
Submit your reply to the questions raised by expert Mr. PS Dhingra ji.
Consult a local lawyer with all documents for proper appreciation of facts, guidance and proceeding.
R.K Nanda
(Expert) 07 October 2016
Consult local lawyer.
suny
(Querist) 07 October 2016
Respected PS sir, A,B and D are clearly mentioned in their affidavit which was submitted before First class judicial magistrate that Mr.X during life time was interested to get registered the sale deed of the plot in favour of C and nobody of the family members had objection regarding the registration of sale deed in favour of C and they have no claims in future of the said plot.They will obey the recital of affidavit and reduced in writing for the evidence.
suny
(Querist) 07 October 2016
Respected sir,B said in the court he is a businessman and established his business from 1979 which clearly shows from Form'O'obtained by Labour department.He has been presented to witness that he does the business from 1979.His counsel submit arguments with his affidavit that he is a businessman.Sir,it is not possible for the government employee to run private business at the same time during duty hours.It is further submitted whether the government employee is eligible for establishing the private business on his name which he was in service.It reveals that B has not performed his duty and has drawn the salary fraudulently because B has registered his business on his name which shows that he was running his business w.e.f 1979.It is proved that B has committed fraud either by drawing the salary fraudulently or by registering the business establishment on his name on the basis of mis conceiving and misleading the Labour department.Proof of fraud committed by B which has been supplied by the competent authorities under RTI Act.In that way I want to link either recovery of his all retirement benefits as well as pension or declare Form'O' null and void with the possession case dispute amongst the family.
Rajendra K Goyal
(Expert) 07 October 2016
Full case file need to be referred.
Roughly the property is in the name of C and he is owner of it.
He should file eviction suit against the occupants.
Strongly oppose the claim of others.
Take services of some senior lawyer.
Guest
(Expert) 07 October 2016
Mr. Suny,
You have still not stated about your personal concern with the case.
Other clarifications also have no relevance. Don't think that you have the authority to recover or to order recovery of any part of salary or pension of an ex-employee. Your clarification is totally absurd, as if you thought the employee's work was not being supervised or checked by his bosses, if you think he had drawn salary fraudulently without doing any work.
In fact, your query, in itself, is hypothetical and academic and probably fabricated just in a bid to seek revenge from someone with whose case you don't have any concern.
suny
(Querist) 08 October 2016
Sir,I am mentioning above I am the son of C.So the whole case is concern with me.After the death of Mr X,from 1982 to 1995 both the shops were closed and sons of B are minor till 1995.B's son open the business under his name which was not registered till date.But B without doing any business obtained Form'O' in 1979 and renewed from time to time wef 1979 to till date.But B was also government employee from 1969 to 2005 which proved by competent authorities under RTI Act.B hide this truth in the court.Both performed duty and run private business at the same time under his own name is not possible for government employee.Because government employee is not allowed to obtained Form'O' during his service.I don't think I am the authority,I want to your help cum advice on this issue,on which court we filled petition against B either to stop his pension and recover his retirement benefits because he has been presented witness in the court that he is a businessman from 1979 and also submit Form'O as a proof or to declare his Form'O to null and void because under RTI it is proved that B was government employee and requested the court to ask the vigilance to initiate the enquiry of the whole matter
