SIVA KUMAR
30 November 2017 at 20:05
Sir, My grandfather and his two brothers had separated their joint family properties and executed partition deed in the year 1935, by then they lived independently. After 1935 my grandfather independently purchased some properties with his personal income earned by business, we have much documentary evidence for the same. All the properties which he purchased after 1935 sold independently by himself since 1944 to 1982 except three items, out of that two items without my grandfather knowledge his elder brother executed Gift Deed in favour of his daughter and son-in-law on 1986 mentioning wrongly that he has 1/3 share in said two items, another item he has not claimed the entire land in said two items enjoying and possessing by my grandfather and us only since 1938 by paying land revenue tax to Govt. under our personal Patta, still gift items our names are continuing in revenue records since 1938. The donor and his sons not mentioned said gift items in their regd. partition on 1955 where they admitted partition among my grandfather and his brothers took place in the 1935. Donor did not claimed gift lands filed before land ceiling tribunals. Donees and Donor never in possession at any time. After demise of my grandfather in 1987, the legal heir of my grandfather got (regd) partitioned including said gift items in 1989. My grandfather and my father mortgaged (regd) entire land in said gift items on 1969 to Ag. Bank. The legal heirs of deceased donees filed suit for declaration of title and right on 2005 in the trail court of A.P. against us, trial going on. Kindly suggest your valuable suggestions with latest Supreme Court judgments regards. (MODIFIED)
SIVA KUMAR
18 August 2017 at 18:16
Sir,
My deceased father filed written statement on 2005 in the trial court, after his demise on 2008 I & my brother are impleaded as legal heirs of him in the trial court even though we have independent right over the suit property through registered partition deed 16 years prior to filing of suit, at present only plaintiff’s side witness completed, Kindly let me know now can we amend my late fathers written statement in the trial court ? if so how
SIVA KUMAR
09 July 2017 at 13:15
Sir,
My late Grand Father (B) and his two brothers got partitioned their ancestral properties on 1945, the same was admitted and mentioned in their registered partition deed among my grandfather’s Elder Brother (A) and his sons in the year 1965, On 1948 after joint family partition B has purchased independently some agricultural lands in the civil court auction, during B life time before 1960 he independently sold those lands which he purchased in court auction except two survey numbers. Regarding those two survey No’s on 1986 A executed registered Gift Deed in favour of his daughter & son-in-law stating that he has 1/3rd share joint right without any right, possession and enjoyment, A never have possession and enjoyment at any time, Done tried for mutation in revenue records but they are not succeeded, entire revenue records stand in the name of B who paid land revenue tax, in possession & enjoyment since 1948, after demise of B his legal heirs on 1990 executed registered partition deed and allotted these two survey numbers to all of the B family members along with other properties and the revenue authority recognized our possession, enjoyment & 1990 partition deed mutated our names and issued Pattadar Pass Books, On 2005 done filed suit for declaration of title, right and asking Pass a Preliminary Decree for division of the suit lands in the A.P. subordinate court, now it is under trial and B younger brother (Died) (C) who was an advocate not claimed any property purchased by B in the court auction, the suit property still enjoying by us only
kindly let me know IS IT VALID GIFT DEED ?
Kindly suggest your kind opinion with some SCC and AP high court citation
Regards
SIVA KUMAR
25 January 2016 at 19:04
Sir,
My grandfather's elder brother executed registered
gift deed 1/3rd share in favour of his daughter
some landed property without any TITLE, RIGHT,
POSSESSION and ENJOYMENT which property is self-
acquired by my grandfather and purchased
independently out of his own funds 20 number of
lands after their joint family partition with his
two brothers.
out of 20 lands only 2 numbers he gifted 1/3
share remain entire land in other numbers my
grandfather sold long back, the other brother of
my grandfather did not claim any property which he
purchased personally.
now the DONE filed suit in sub-court for
declaration of title, right and division, suit is
under trail, plaintiff's side witness completed so
far rest in pending.
There is no any donors right establish documents
except gift deed with done (plaintiff).
Q. Kindly refer Andhra HC and Supreme Court related judgments to suit.
SIVA KUMAR
22 January 2016 at 18:43
Sir,
My grandfather's elder brother executed registered
gift deed 1/3rd share in favour of his daughter
some landed property without any TITLE, RIGHT,
POSSESSION and ENJOYMENT which property is self-
acquired by my grandfather and purchased
independently out of his own funds 20 number of
lands after their joint family partition with his
two brothers.
out of 20 lands only 2 numbers he gifted 1/3
share remain entire land in other numbers my
grandfather sold long back, the other brother of
my grandfather did not claim any property which he
purchased personally.
now the DONE filed suit in sub-court for
declaration of title, right and division, suit is
under trail, plaintiff's side witness completed so
far rest in pending.
Q. Kindly refer Andhra HC and Supreme Court related judgments to suit.
SIVA KUMAR
25 September 2015 at 12:09
sir, please clarify my doubt and give your valueble suggetios. After passed away my GRANDFATHER(GF) in 1987 we entered registered partition deed between legal heirs of my GF ie. my father, my brother, me and my 3 aunts all our family properties along with suit property got divided in 1989. In 2005 my GF brother's grandson filed suit in sub-court against my father and my 3 aunts claiming they have joint right on suit property which is my GF's self aqueired we got plenty recorded evidence. my aunts are not filed vacalatnama till today, they are all sold their entire share in suit property, we not having good terms with them.
My father filed falls & untrue written statement in 2005. He died on 2007.We implead as his LRS in 2008. On 2010 I & my brother filed true & correct detailed written statement order 9 rule 7 CPC as r/w 151 CPC with recorded evidence by adopting my father’s written statement filed before Mandal revenue office and sub-collector’s office where plaintiffs filed for pass book & title deed suit property in 1994-97.
After completion of plaintiff chief examination, pw1 & pw2 evidence in 2012 they filed affidavit to strike off our written statement, they claimed we can not deviate my father’s falls & untrue written statement. On 2013 I filed chief examination affidavit order 18 rule 4 cpc and on 2014 I filed IA order 1 rule 10 for implead me and my brother as independent defendants as we got separate possession, Pattadar pass books & title deeds independent right and title from 1989 through registered partition deed along with my aunts on the suit property along with other properties. My father, my brother & I living each other separately since1989.I,my brother and my father jointly sold many properties from 1989.
Kindly suggest & guide me
1.The sections order1 rule 10 wrote on IA affidavits to implead myself and my brother as independent defendants in trail court is correct or not? 2.To allow our additional written statement in the trail court as LRs to my deceased defendant father per order 22 rule 4 sub-rule 2 cpc how to file? pl. refer section file IA.
REGARDS
SIVA KUMAR
25 September 2015 at 11:11
Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
REGARDS
SIVA KUMAR
25 September 2015 at 10:42
Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
1. The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
regards
SIVA KUMAR
02 June 2014 at 10:30
SIR,(1) I AM STAYING AT AP. I HAVE LET OUT ONE PORTION OF MY ANCESTRAL PROPERTY TO BEKERY SHOPE AT CHENNAI IN 2007 FOR SELLING OF BEKARY PRODUCTS ONLY. AT THE TIME OF LET OUT 11 MONTHS AGREEMENTS EXECUTED (NOT REGISTERED) FOR RS.4500/- P M & ADVACE RS 50000/- AND AFTER 2 YEARS WITH ENCHANCEMENT OF 15% PM . FROM 2009 ON WORDS HE IS PAYING RS.5125/- PM, NOW THE AGREEMENT HAS NOT RENEWED TILL FROM 2007 IN THESE PERIOD HE HAS INSTALLED A BIG OVEN TO COOK/PRAPER BEKARY ITEMS AND WITH OUT MY KNOWLEDGE AND PERMISSION ,TAKING ADVANTAGE OF MY SELF STAYING OUT STATION (AP).
(2)AFTER SOME TIME HE HAS GIVEN THE SAID PORTION TO SECOND PARTY WITH OUT MY KNOWLEDGE AND PERMISSION SAYING US THAT HE IS HIS BUSINESS MANAGER . THE SO CALLED BUSINESS MANAGER PAID RENT IRREGULARLY SOME TIME. SINCE 2012 SEPTEMBER HE HAS NOT PAID THE RENT, WHEN EVER I ASKED THE RENT SECOND PARTY HAS TELLING US THAT HE MET AN ACCIDENT AND SICK AND NOT WELL, BED RIDEN ETC, THEN SECOND PARTY TOLD ME MANY TIMES SHOPE IS NOT RUNNING WELL, SO HE IS GOING TO VACATE THE PORTION SHORTLY. RENTAL RECIEPTS ARE NOT ISSUED TO THE FIRST AND SECOND PARTY FROM THE BIGINNING BY ME.
(3)NOW THE PROBLEM IS THE SECOND PARTY HAS GIVEN THE SAID PORTION DAILY RENTAL BASIS TO THIRD PARTY WITH OUT MY KNOWLEDGE AND PERMISSION SAYING JUST I CAME TO KNOW 2 DAYS BACK. WHEN EVER ASKED THE SECOND PARTY THE BALENCE OF RENT AND ASKED TO VACATE THE PORTION HE IS REPLING US TO COLLEC FROM THIRD PARTY (SAYING HIM HIS WORKER) NOW HE HAS TO PAY 19 MONTHS RENT WHEN I RANG UP FIRST (TENANT) PARTY HE IS THE AGREMENT HOLDER SAYING US LOOK THE DOORS OF THE SAID PORTION . SECOND OR THIRD PARTY HAS NO AGREMENTS .
(4)HE IS VOILATED AGREMENT RULES WE HAVE GIVEN THE PORTION FOR SELLING OF BEKARY PRODUCTS ONLY HE KEPT HEAVY OVEN TO PREPARE BEKARY PRODUCTS IN THE PORTION WITH OUT MY KNOWLEDGE AND PERMISSION HE IS PAYING ELECTRICITY BILL NEARLY RS.10000/- PM METRE IS ON MY NAME IT IS 3 PHASE 3KV CAPACITY HE SAID IT FOR FOR LIGHTINGS PERPOSE
(5)PLEASE LET ME KNOW THE RULES HOW TO VACATE HIM LEGALY?
(6)ON WHO’S NAME IF I HAVE TO GO COURT FIRST,SECOND OR THIRD PARTRY ? AND YOUR OPINION
PLEASE FIND THE ATTACHMENT
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Gift
Sir, My grandfather and his two brothers had separated their joint family properties and executed partition deed in the year 1935, by then they lived independently. After 1935 my grandfather independently purchased some properties with his personal income earned by business, we have much documentary evidence for the same. All the properties which he purchased after 1935 sold independently by himself since 1944 to 1982 except three items, out of that two items without my grandfather knowledge his elder brother executed Gift Deed in favour of his daughter and son-in-law on 1986 mentioning wrongly that he has 1/3 share in said two items, another item he has not claimed the entire land in said two items enjoying and possessing by my grandfather and us only since 1938 by paying land revenue tax to Govt. under our personal Patta, still gift items our names are continuing in revenue records since 1938. The donor and his sons not mentioned said gift items in their regd. partition on 1955 where they admitted partition among my grandfather and his brothers took place in the 1935. Donor did not claimed gift lands filed before land ceiling tribunals. Donees and Donor never in possession at any time. After demise of my grandfather in 1987, the legal heir of my grandfather got (regd) partitioned including said gift items in 1989. My grandfather and my father mortgaged (regd) entire land in said gift items on 1969 to Ag. Bank. The legal heirs of deceased donees filed suit for declaration of title and right on 2005 in the trail court of A.P. against us, trial going on. Kindly suggest your valuable suggestions with latest Supreme Court judgments regards (MODIFIED)