Property

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
“V” PURCHASED THE RIGHTS OF THE ALTERNATE PLOT/ PROPERTY MEASURING 250 SQ. YD . FROM “AS” ON 9.10.1996 AN AGREEMENT TO SELL GPA AND OTHER DOCUMENTS WERE EXECUTED/SIGNED BY ATTAR SINGH IN FAVOR OF “V” .

A WILL DATED 9.10.1996 WAS ALSO EXECUTED BY “AS” IN FAVOR OF “V” . THE SAID WILL WAS DULY REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR DELHI .

MR. “AS” WAS BACHELOR AND NEVER MARRIED DURING HIS LIFETIME.

MR. “AS” EXPIRED ON 5.10.1999 . MR. “AS” HAD NO CLASS –I LEGAL HEIRS .

IN THE YEAR 2000 , AFTER THE DEATH OF MR. “AS” “V” APPLIED FOR THE MUTATION OF THE SAID PROPERTY IN HIS NAME IN DDA ON THE BASIS OF THE WILL BUT MUTATION WAS NOT DONE

IN OCTOBER 2003 ONE “B” CLAIMING TO BE THE LEGAL HEIR OF “ AS” ALSO APPLIED FOR THE MUTATION . HE CLAIMED TO BE THE GRANDSON OF THE ONLY REAL BROTHER OF THE DECEASED “AS” .

“ V” CAME TO KNOW OF THE ALLOTMENT OF THE SAID PLOT BY DDA AND FILED AN APPLICATION DATED 26.6.2007 UNDER RTI FOR THE INSPECTION OF THE CONCERNED FILE . THEREAFTER “V” SOUGHT THE COPIES OF THE DOCUMENTS AVAILABLE IN THE FILE . THE DOCUMENTS OF THE CONCERNED PROPERTY WERE MADE AVAILABLE BY THE DDA TO “V” SEPT 2011.

FROM THE NOTINGS IN THE FILE IT WAS SEEN THAT THE DDA HAS ACCEPTED THE CONTENTION OF “ V” THAT “ AS” HAS BEQUETHED HIS RIGHTS OF SAID PROPERTY TO “ V” AND THE SO CALLED LR’S OF MR. ATTAR SINGH HAS NO RIGHT OVER THE SAID PROPERTY .

NOW SINCE THE DISPUTE HAS BEEN CREATED BY “B ” THE SO CALLED LEGAL HEIR OF “AS” , THE DDA SUGGESTED TO SETTLE THE CASE FROM THE COURT.

FURTHER IN JUNE 2007 AFTER THE DISPUTE AROSE IN RESPECT TO THE AFORE SAID PROPERTY, “V” INVOKED THE ARBITRATION AS PER THE AGREEMENT.

SINCE THE DDA HAS SUGGESTED TO SETTLE THE CASE FROM THE COURT THEREFORE A PROBATE CASE WAS FILED BY “V” IN JUNE 2010 IN DELHI COURT FOR THE PROBATE OF THE WILL DT. 9.10.96 .

IN THE MEANWHILE IN AUGUST 2010 “B” APPROACHED “V” FOR SETTLEMENT .

A JOINT SETTLEMENT DEED WAS PREPARED AND SUBMITTED TO THE ARBITRATOR WITH A REQUEST TO PUBLISH THE AWARD ON THE BASIS OF THE SETTLEMENT DEED. AN AMOUNT OF RS________ WAS PAID TO “B” IN LIEU OF THE SAID SETTLEMENT AND RECEIPT OF THE SAME WAS ALSO SIGNED AND SUBMITTED TO THE ARBITRATOR .

THE ARBITRATOR ON 9/2010 ON THE BASIS OF THE SETTLEMENT DEED PUBLISHED THE AWARD OF DIRECTING “B” TO TRANSFER THE SAID PROIPERTY IN FAVOUR OF “V” BY EXECUTING SALE DEED / PROPER DOCUMENTS AND FURTHER IN THE EVENT HE FAILS TO TRANSFER THE SAID PROPERTY IN FAVOUR OF “V” THEN TO PAY THE DAMAGES OF RS __________ TO VINOD SHARMA AS AGREED IN THE SETTLEMENT DEED . .

AS PER THE UNDERSTANDING A NO OBJECTION IN THE FORM OF AFFIDAVIT WAS FILED BEFORE THE PROBATE COURT DULY ATTESTED BEFORE THE OATH COMMISIONER WAS FILED BY “B” ON 6.1.2010 THRU HIS ADVOCATE . ON THE SAME DAY “B”CAME ALONG WITH SOME OTHER ADVOCATE AND STATED BEFORE THE COURT THAT HE HAS NOT SIGNED THE AFFIDAVIT OF NO OBJECTION AND BACKED OUT FROM HIS COMMITMENTS AND FILED OBJECTIONS TO THE PETITION OF PROBATE CASE . SEEING THE CONDUCT OF B HARAT KUMAR THE COURT ISSUED NOTICE U/S 340 CRPC AGAINST “B” FOR STATING LIE BEFORE THE COURT .

THEREAFTER IN COLLUSION WITH THE DDA OFFICIALS “B” MANAGED TO GET THE SAID PROPERTY MUTATED IN HIS NAME .

THEREAFTER THE COURT DIRECTED “ B” TO MAINTAIN THE STATUS CQUO IN REGARD TO THE SUIT PROPERTY .

THE COPY OF THE STAY ORDER DT. 22.7.2011 WAS SERVED UPON THE DDA ON 25.7.2011 .

THEREAFTER “B” IN VIOLATION OF THE ORDERS OF THE ROHINI COURTAPPLIED FOR THE POSESSION AND EXECUTION OF THE PERPETUAL LEASE AND IN CONNIVANCE WITH THE DDA OFFICIALS , TOOK OVER THE POSESSION AND EXECUTED THE PERPETUAL LEASE IN DDA .

THEREAFTER “V ” CAME TO KNOW THAT “B” HAS CONCEALED AND MISREPRESENTED THE FACTS THAT GRAND CHILDREN OF THE ONE MORE REAL BROTHER( SAY “HM” ) ARE STILL ALIVE AND ARE ALSO THE EQUAL LR’S . THIS FACT WAS BROUGHT TO THE NOTICE OF THE COURT. NOTICE ISSUED . THE GRAND CHILDREN OF “HM “ GAVE STATEMENT IN COURT THAT “ B” HAS PLAYED FRAUD BY MISREPRESENTING AND FURTHER GAVE THEIR CONSENT TO PROBATE THE SAID PROPERTY IN FAVOUR OF “V” .

THE WITNESSES TO THE WILL ARE IN FAVOUR OF “V”

NOW QUERY;

WHERE DOES “V” STAND WHAT ARE HIS CHANCES OF WINNING THE CASE . ?

What actions can be taken against “B “ ?

WHAT IS THE AUTHENTICITY AND VALUE OF THE ARBITRAL AWARD ?

SHOULD THE EXECUTION OF THE AWARD BE FILED OR WAIT FOR THE DECISION OF THE PROBATE COURT ?

IS THE AWARD OF THE ARIBTRATOR ON THE BASIS OF SETTLEMENT DIRECTING FOR SPECIFIC PERFORMANCE AND IN THE EVENT OF FAILURE TO DO SO AWARD OF DAMAGES VALID OR NOT .

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ajay sethi (Expert) 27 October 2011
contact a local lawyer in delhi . the agreement entered into , the will , papers filed with DDA , court casee papers , arbitral award will have to be gone into .

contact Mr Ramchandran from this site .

Raj Kumar Makkad (Expert) 27 October 2011
Brief facts put up by querist enable experts to view the query and make comments accordingly otherwise are suggested in the same way sethi has done.

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