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Want to understand Law (Service)     11 October 2017

Title deed

My mother sold me a piece of land through registered deed of sale (Jharkhand) however, after 1.5 year, one of my brother filed a case in the court that my mother mental condition was not good & she sold the property & signed the documents under poor mental condition. Can the court has the right to dismiss our authentic sale deed. Regards


Learning

 16 Replies

manoj   11 October 2017

your brother dont have right to question the sale deed, on the ground that your mother is unsound mind

 

manoj

advocate

8686159292

1 Like

Vijay Raj Mahajan (Advocate)     11 October 2017

That all depends on the evidence produced by the petitioner to prove the charges of poor mental condition and because of that the sale of the property could not be valid.

Want to understand Law (Service)     11 October 2017

Many thanks Manoj Sir, if you don't mind can you elaborate a little.

The case document was signed by jointly signed by my mother & my brother (My mother is naive & might have signed the document without knowing & questioning the content which of course was in english, a language she can't read or write)

Regards

Want to understand Law (Service)     11 October 2017

I can upload the notice if you need to see it.

Regards

Want to understand Law (Service)     11 October 2017

Thanks Vijay Raj Sir, but my mother was also the signatory in the notice (may be she didn't understand the  content, intention & consequences of it beign naive)

 

Regards

manoj   11 October 2017

send it to my no the above notice, then we will come to conclusion. The supreme court had pronounced on this type of cases number of decisions which is in your favor, dont worry, things will come in normal as per Law.

manoj

advocate

8686159292

manoj   11 October 2017

your case is very bad situation because your mother is the vendor in your case and you are the vendee for this sale deed, the vendor cannot resile from the earlier admission, while registering the property infrent of the sub registrar, the registrar will question your mother that on your mother interest that she is executing the sale deed, your mother would have accepted for this, then by the hands and gloves of your brother, your mother is resile from the admission made in the sale deed that taking the new plea that she is unsound mind, If there is any objection to the sale deed she would have report the matter within 100 days before the sub registrar after executing the sale deed, but it is not done. The court will see the circumstances of your mother by the pressure of her son, she made this false case and the court will see is there any medical report that she is unsound mind. so dont worry move forward.

manoj

advocate

8686159292

Want to understand Law (Service)     11 October 2017

Find attached the content of the Title suit filed against me


Attached File : 349422 20171011180549 633427092 case filed against me.pdf downloaded: 64 times

Siddharth Srivastava (Advocate)     11 October 2017

It depends on circumstances of the case. Court has power to nullify the sale deed but it is good that your mother has also signed the notice and petition as it shows that she is being tutored. You seem to have good case.
1 Like

manoj   11 October 2017

after verifying your attached document, i will reply

manoj

advocate

8686159292

Kumar Doab (FIN)     11 October 2017

The notice mentions about oral gift that was recorded and medical disorder that is diagnosed and treated by Specialist Dr's.

The facts of charges/allegations levelled is best known to you.

Approach  a very able senior LOCAL counsel specializing in suh/civil matters and defend in court.

 

Nitish Banka (lawyer)     11 October 2017

It is his case let him proove. But your brother has no locus standi no cause of action apply for order 7 rule 11

Nitish Banka

9891549997

Want to understand Law (Service)     12 October 2017

 

Much appreciated for the professional advice of Mr.Manoj. He is a good lawyer & good human being


User

 

 

manoj   13 October 2017

you can ask the court for rejection of plaint, supreme court cautioned that the trail courts would insist  imperatively on examining the party at the first hearing so that bogus litigation can be shut down at the earliest stage. Basing on the averments in the plaint you have right to ask for rejection of plaint against your brother.

manoj

advocate

 


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