Upgrad LLM

transfer of case


Joint property was inhertied from parents to all 7 brothers and 2 sisters. Property located at different places are sold of by share holders.  One property left within city which also stands on all brothers and sisters and registered and mutated on all  names jointly.  After the death of one brother his son alongwith other three brothers and one sister took over possession of the property and filed civil suit (Permanent Injuction) that the present property was given to said one brother who expired in year 1997 by way of family partititon signed by all members  on affidavit of Rs.3.00 attested from oath commission during the year  14.9.1990.  Although all members were not present on the said date but signature were obtained by crook and fraud and moreover when this affidavit was procured and date shown I was medically sick as per service records.   The revenue records did not accept this affidavit and the property was equally divided to all members of the family and duly registered and mutation done on all members of the family since the parents did not made any will.  Although my advocate had assured me that process of court can be lengthly but our case is strong and the property is duly registered and mutated in revenue reocrds as per rules and law.  My question is that due to job purpose at aother state I  had to attend court a distance of nearly 300 Kms and behind back I had to leave my family alone where no of my relatives lives.  As the distance is also long there is also danger to my life from my own such relatives.  Is there any way I can approach the Supreme Court or write to Chief Justice of India and pray for transfer of case or for early hearing.  

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Mr.Singh,

 

As a matter of rule litigation relating to property is carried on in the courts of the place where property is situated. This is provided by Section 16 of the Code of Civil Procedure, 1908. This is because it is easier to decide the matter there, and execution is also effortless and easy. 

Supreme Court's power to transfer cases as per S.25 of the CPC, is all pervasive and it can transfer the matter outside even to a court not having jurisdiction if the ends of justice so demand, but very strong grounds need to be made out for that. Considering evidences would be forthcoming better at the place where property is situated. The fact that your family is stranded won't be a very good ground, threat to life and liberty is a good ground provided you can substantiate it with evidences/complaints etc. even then the court may order you to be examined on commission, your presence is not required at each date and can appear through pleader. 

In a nutshell approaching Supreme Court for transfer is not advisable under such circumstances, and would be wasteful exercise. 

 

Good Luck !


Bharat Chugh

Advocate Supreme Court of India

 
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I  agree with your  advice that property case for transfer needs strong grounds as mentioned in your reply above.   May I have your advice that if an F.I.R. is lodged u/s 420/467/468/471/120B of IPC 1860  against the person who has filed civil case against me than can I  approach the SC for transfer of civil case  keeping in view the Life and Liberty of self and family from such a person who is already involved in criminal case.  Further when  the civil case has been filed just to harass me so that I could surrender the property which also includes my share and also registered and mutation done on revenue records.  Please advice suitably.

 
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