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sahil (team developer)     30 September 2010

Property Issue

Hi all,


Our property case is going in tees hazari cort where our tenanat has filed a case for stay and injuction. So, the issue is that 29th sep 2010 was judgement day but our tenant filed an application for re- arguement and now we again got a date for november. We have bonafide reasons and judge also asked us a for a copy of orrisa 1998 judgement which we have submitted. So, please let me know if I can do anything about this as we have bonafide reason and also note that in middle of the case our judge got changed and case has been transferred to a new judge. Old judge cancelled the stay order but now tenanat has filed an application for re-arguement regarding stay. May I please know if judge can give order right after the arguement and on the same day???? or any actions that I can take?????


 3 Replies

Geetu Varma (GM - Sales)     01 October 2010

Hi all,

My mother bought a constructed house on 250yards plot in Delhi ten years back. She died without a will and without partition. We are 3 brothers and 2 sisters out of which one brother and one sister is settled abroad. I have filed a case for partition 2 years back and as of now one brother living abroad and both sisters are declared ex-party. The next date of hearing is within a week.

For expeditious settlement of case, please advise whether there is any scope of mediation through court / with family settlemement. And if so, it should be amongst  whom?All brothers have agreed , in principle , for reconstruction of property through builder. Both sisters are keen on sale.

Kindly advise.

emmy (HR)     01 October 2010

Dear Mam,

In our family we are four sisters and one brother & Mom staying with brother. Mom is retired teacher. We lost our Dad three yrs ago. We all four sis are married and settled in Delhi & Calcutta. our father was running a school with hostel and a printing press. after his death brother started taking care. When my father died two sisters were single. After our dad's death we never asked about anything from our mother nor brother about property. after three years when our brothers behavior started changing towards us by not giving importance to us and bought land in name of bhabhi and never informed us. we came to know by outsiders then we just asked mother and brother about fathers property to know what has papa left after his death the an which was given to us by mom and brother was father has written WILL in the name of son that all his belonging are now sons belonging. The WILL is in a plain paper with three witness signature (Mom and two other friends of pop)when we asked show us the WILL they replied its in the court u can get it from court. we asked for any copy show us they said we do not have any copy. Finally they prepared a WILL and then forwarded it for probate on the same day when we asked.

We are a Christian family and by law we have equal rights to the father’s property. Please suggest what next action we should do bcoz they give us answer only by saying go in court and fight for it.

What and easy solution to it for a solution in a short time we can get. Does a wILL is valid in a plain paper also. becoz it neither on a stamp paper nor registered nor notarized.

Please suggest....



Auro Bhattacharya (Proprietor)     03 October 2010

I need some advice on the following case for my understanding:


My Mother had purchased a flat in Mayur Vihar (MV), Delhi in 1990. The Legal Documents were made in Noida Court. The Receipt of Payment and Will by the previous owner are in the name of my mother whereas General Power of Attorney/ Special Power of Attorney are in the name of my father. My mother was 2nd wife of my father. From the 1st wife ; my father had two sons whereas we are 2 brothers & 2 sisters from the 2nd wife.

My mother died in April 1993 and father died in June 2003.


My 2nd half brother from my father’s 1st wife has taken over our MV flat forcefully and living there. He has been claiming that father had willed the flat in his name.

Now we feel cheated as the ownership of the flat as per our understanding was always with mother as she had paid towards purchase of the property but not our father, even if the GPA/SPA are in his name. How father could make a valid will in his favour? As per your experience; do you think it will hold good and correct in the eyes of law? My half brother claims the Father's WILL is a registered Will.


What do you advise what is technically correct? Or can you suggest a knowledgeable advocate in Tees Hazari; expert in handling these types of cases?


With best regards,


Auro Bhattacharya


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