prabhakar singh's Expert Profile

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balwinder s bains says :
Dear Sir, Please suggest the following; 1. A is grand father and he acquires property from his father B via will. As B has 5 sons and he prepares will in year 1962 and passes away in 1982 and ater his death the transfer of ownership is registered in equal parts with in 5 brothers. Question is? Is it a ancestral property for the grand son and can he claim his share from the grand father in case he sells the property to her daughter? If this is not ancestral property then how can grand child claim his share as his father is no more? In aother case the possession was given by the great grand father to his 5 sons way back in 1962 but the mutation or registeration was not done in revenue records and GGF asked his 5 sons to file suit in the court and they filed and civil court issued decree to register the deed in the name of all 5 sons, Now the Q is, Is it a ancestral property for the grand son? Can he claim his share or can file suit for declaration the sale deed void signed by his grand father in the name of her daughter? Pls advise. Best regards,

S P Goel says : DV
Dear sir, ( Domestic violence, kindly give your opinion and oblige ) ,01 My wife did not appear and not filed rejoinder from last two dates, whether case may be dismissed if 3rd time she does not appear and file rejoinder.. 02 She demanded monetary loss of Rs 45 lacs due to metnal and physical torture, whether court may order me to pay.. 03 What she can demand residence outside on rent or purchase at my cost. Regards,S P Goel, Delhi,9810101999,spgoel118@yahoo.com

S P Goel says : PWDVA on S P Goel 57 yrs by my wife in Oct 2010 in
PWDVA on S P Goel 57 yrs by my wife in Oct 2010 in KKD, Court Delhi U/s 12 Respected sir, My wife 57 yrs and two sons 31 yrs Service in Delhi with Rs 24 lacs package and 26yrs Student of MBA after engineering left house in Oct 2010 and living separately in Delhi, my wife filed a case u/s 12 of PWDVA in KKD Delhi and notice served to me, Ist date for reply by me, March , I did not give reply. I replied in June 2011 and they did not submit rejoinder in Sep 11, only advocate attened and then again in Dec 11 , she did not submit rejoined and only proxy advocate attended and penalty imposed on them by court Rs 600 and now date is in April 2012, I am earning nothing and retried from pvt companies, done MBA in 1977, all money spent on my sons. She has not filed any application for maintenance u/s 125 but demanded in main application u/s 12 . Demanded monetary relief ., medical and medical expenses.u/s 20 She has not filed any application for maintenance u/s 125 but demanded in main application u/s 12 . Demanded monetary relief ., medical and medical expenses.u/s 20 I wish to know sir, ,01 if my wife and advocate do not attend court now, whether case may be dismissed. 02 If they attend court and do not submit rejoinder court whether case may be dismissed. 03 Sir, What is my responsibility in this case on me by my wife.My son who is earning, she is living with him, whether maintenance may be my responsibility, I am not earning. 04 Her right to live in shareholder house, she would not live in any case, whether court will remove injunction , restraining the house for creating third party interest.She will demand 50% house in her name or give 50% cost to her. Your guidance in this regards may reduce my anxiety, sir Any detail, I shall be pleased to submit sir thanks and best regards S P Goel, Delhi 9810101999 spgoel118@yahoo.com

venugopal reddy says : Permanent injunction decree vs partition suit
Hi Sir, My uncle got his share property 35 year back then he got Gram Panchayat (Municipal) permission and constructed shops in the premises and he left remaining as open land. He has been regularly paying municipal tax since last 20 years. Suit Schedule property is 3 acres. This property is self acquired by my uncle’s father. Parties & Family members: 3 sons and 2 daughters. My uncle’s father expired in 2000. In this suit father is called as Z My uncle’s father has three sons (A Elder Son, B Second Son, C Younger Son) and two (X Elder Daughter and Y Younger Daughter) daughters. They got married long back and share properties as per his father distribution on the basis of land worth. This total schedule property is 3 acres out of this my uncle got 1.5 open land for his share. The property was partitioned in 1975 on a ordinary partition document and it was kept with my uncle’s father. This property was partitioned between three sons (A,B and C), C is my uncle who constructed shops in 1/5th of his share property with municipal permission in 1979 and second one B also constructed shops in his share property with municipal permission in 1992. A kept his share as open without constructing anything in his share. And my uncle’s father gifted 400 yards open land to his younger daughter (Y) for house construction. This was also got registered with gift deed and in this property my uncle's father showed my uncle name as boundry (west and Sout side), then she constructed house with municipal permission in 1985. Until 1992 everything went fine all brothers and sisters are fine, but suddenly there was a dispute between C and (A and B) on share partition, A and B brothers alleged that they got less share then C, so they pressured his father (Z) for re partition of schedule property, but my uncle refused for this proposal and approached junior civil court in 1993 for permanent injunction. Based on the argument the court had granted permanent injunction decree in 1997 with a map. Parties in this case are: Plaintiff (C) and Dependents (Z, A, B, X and Y). Since court granted permanent injunction decree, my uncle has been enjoying the his property without disturbance and getting monthly rent on his shops. My uncle did not have his copy of partition document that prepared by his father in 1975 and this was kept with my uncle's father. In 2005 second brother (B) of my uncle went to Junior civil court for Partition of this schedule property among brothers & sisters equally as there is no document proof that this property was already partitioned. In this suit case parties: Plaintiff (B) and Dependents (Z expired, A, C, X and Y) are same as above in the permanent injunction and schedule suit property is same. In this Partition case my uncle argued that this property was already shared among three brothers (A, B and C) and 400 yards open land was gifted to younger sister and submitted all relevant documents. A Dependent of this suit case argued that he got this entire suit property (3 acres) from his father through a WILL prepared by his father in favour of him in 1999. Even though A’s father had expired in 2000, till today A has not approached any court or register office for probate or registration of the WILL. The partition case judgment has come in 2011. This partition Case was dismissed commenting that C has not showed enough documents to prove that he got his share in partition. Even though many documents like municipal permission and tax receipts, Y registration document submitted along with permanent injunction order copy, judge expressed view that "it is believed that there was not partition among brothers and C got his share. The Permanent Injunction granted by civil court in 1998 in favour of my uncle is only for position not for his share and title. Judge also commented in the judgment that It is believed that there was a WILL done in favour of A ' . The Hon’ble Judge even did not comment on enforcement of Res Judicata. Could you please let me know, why Res Judicata would not be applicable in this case? Is Res Judicata applicable to WILL deed prepared by my uncle’s father on suit property in 1999? Does not Permanent Injunction granted by Civil Court in 1998 in favour of my uncle enforce for my uncle share in the suite schedule property? Thanks & Regards, Venu

amit says : huf matter
hi sir, i have an interesting case of property dispute among brothers in madhya pradesh. let us assume X is father, Y is mother= 3 sons A B & C 4 daughters D E F & G, all married. X died in dec 1987 and Y died in sept 2007.A is eldest son and was in service in up since 1963.B & C were looking after business along with X and later own B & C seperated there business in 1998. till 1998 B & C were coparceners in business and purchased several properties in their joint or individual names and till now there is no dispute among B & C. in 1977 due to tax reasons a partial partition was done of movable properties between A B C X & Y.this was later approved by income tax commissioner. late on a bhagidari deed was written on plain paper between x b & c as owner of 1/3 of business. after the death of X there was oral partition between Y A B & C. and memorandum of partition was written after 15 days.d e f & g signed the doc as consent provider.in that memorandum it was written that each of beneficiaries has already acquired possession of their shares. now in 2012 A has filed a suit demanding partition and possessionfrom B and C.. D E F G are also been made parties.he has also included properties acqired by B&C even after death of X.currently A resides out of the state and practically B and C are in possession of properties. but B & C are willing to give A 's share. now question arises 1. MEMORANDUM OF PARTITION IS UNREGISTERED AND NOT NOTORISED---- is it a valid admissible doc 2. what are the odds that A can dismiss the partition 3 can B & C DEFEND IT AS HOSTILE POSSESSION 4 IS INCOME TAX COMMISSIONER ORDER OF ACCEPTANCE OF PARTIAL PARTITION HAS ANY LEGAL STANDING KINDLY COMMENT THANKS AMIT dramitgoyal2000@gmail.com 9425922520

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