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Registered hakka sod patra

(Querist) 15 April 2011 This query is : Resolved 
A has a 1 SOn( M) and 2 daughterrs ( B, C ).

B has give hakka sod patra in Dec 2010 infront of registar office.
but now she is claming that she did not received anything while M is claming ha did her marriage exp 85000 in 1998.
Mu also gave 2000 RS IN 1980 for purchase of Home in 1980.
M also was giving monthly to b for Food for several years, but did not have any prrof.
A is in support of M. as he is witness to all the oney given and expenses don by M.

1) B claimed that she is illetrate by her lawer but , 10th passing certificate and her signature on hakka sod patra infrnot of Registar officer class -1 was proof M was saying.
2) B fild cas aginst M and A whio is real brother and Mother of B. Propert for which b has given hakka sod patra is from ansestors.

2)
SAMEER DESHMUKH (Querist) 15 April 2011
Is A who is witness of all money transactions to B as she is mother of B * M. be offical witness.
SAMEER DESHMUKH (Querist) 15 April 2011
What do M shold do in this case ?
M has evidences of expenses of marriage of Bs daughter in 1998 but in from of witness present during money spent for marriage like money paid to Bs daughters Husband for dress and food expenses, mandap.

Property value in 1980 for A was 100000 Rs. & Now Property value is 80 Laks, B is demanding 1 cror from M.

as she promised to give all rights to M if M bares complete marriage expenses.

Witness to this marriage

B also registered her name in 7/12 of the ancesotors property of A. want her share to be give to her

What should B do ?
bhagwat patil (Expert) 15 April 2011
Once the hakka sod patra is registered before sub registrar it is full and final.in hakka sod patra the question of consideration does nor arise.whatever your sister is saying is pure blackmail,no legal status,she will not get anyhthing in court of law.as a brother sister relation you may offer her few bucks as shridhan or MAHEARCHI CHLOI BANGDI as a custom.but not forcefully.
bhagwat patil (Expert) 15 April 2011
Once the hakka sod patra is registered before sub registrar it is full and final.in hakka sod patra the question of consideration does nor arise.whatever your sister is saying is pure blackmail,no legal status,she will not get anyhthing in court of law.as a brother sister relation you may offer her few bucks as shridhan or MAHEARCHI CHLOI BANGDI as a custom.but not forcefully.
SAMEER DESHMUKH (Querist) 15 April 2011
Dear Sir,

Thanks for the reply, but she filed suit against her Mother and brother for her share in Pune Court.

Brother also wants to give some money to her but, she wants the share in land and wants to sell this. as brother and mother has this only land, they dont want to do it.

Regards,
Sameer
SAMEER DESHMUKH (Querist) 15 April 2011

As Sisiter B filed case against her mother and brother M in Pune Court.

Will Mother B's Saksh will be autheticated.

As Sister B's started harassing against Borther and her mother by going to all relatives telling all lies and making drama every now and then ?
what they should do ?
Jai Karan Nagwan (Expert) 16 April 2011
Dear All,

please do not mind, judges sitting in the court thinks themselves to be a god, there is clash between the judges sitting in the bench, due to thier personal differences they can do any dam thing. keeping in view the above all facts on the query, all experts are of the view that sister will not get anything in the court, but sorry to say and read the attachment, we will be compelled to rethink on the judiciary. lastly many of the expert will have view that SC judges can exercise power under Art 142 and can also decide beyond law,

SAMEER DESHMUKH (Querist) 18 April 2011
Dear Jai kiran,
Thanks for your reply, but in the above Chalti devi case, she used thumb impression on blank paper, while in above case sister had took money for her daughters marrigae by saying she wdonot want any thing in 1998 and also gave hakka sod patra with her own signature in front of Registar office in 2010. but now she has forgotten every rthing and filed case against her mother and brother.
What can be evidences to be considered ?
Jai Karan Nagwan (Expert) 17 May 2011
Dear Sameer,

this is only the traversity of law, ones the right is relinquished thereafter claimant will claim for undue influence, fraud , Misrepresentation. I appreciate your case is very strong, but attitude of the judge sitting on the seat of justice dont know, he is not bound to follow law in higher judiciary. that what happened in the Chalti Devi case. there was nothing like signature on the blank papers, rather there was family settlement in the above case which was thumbmarked by Chalti Devi and her son was also the signatory of the document and by that document Chalti Devi relinquished her right in favour of brother. I refered many case in that support.

wish you all the best.


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