Anonymous
21 May 2021 at 19:50
Late father had sold his self acquired immoveable property in his lifetime.
Apparently he entered into a sales agreement initially with the buyer on a total sales consideration of Rs 50 lakhs which was made using Rs 10 lakhs as alleged black money and Rs 40 lakhs as white money.
the late father then subsequently registered the said immovable property in the name of the buyer for a sales consideration of Rs 40 ( white money )
So there exists an unofficial sales agreement for Rs 10 lakhs plus Rs 40 lakhs ie total Rs 50 lakhs but the registered sales deed at the registry office is for Rs 40 lakhs only.
The 40 lakhs was then deposited into a Bank Fixed deposit.
After fathers death, one of the class 1 legal heirs who is envious of the other heirs has filed a suit for partition and has included the Rs 10 lakhs alleged black money too in the suit for partition? apparently he has a copy of the unregistered sales agreement that shows the alleged black money element of Rs 10 lakhs
Now since the father is no more, he obviously cannot go to court to explain the above. even the buyer denies its existence. that the father disposed his property in his lifetime, how he disposed it only he can answer.
however can one file a suit for partition of alleged black money?
My understanding was this was a prohibited transaction and that no suit lies for the recovery of any benami property ie in this case no one can throng the courts with claims of partitioning black money in a civil court.
Should an IA be submitted under Order 7 Rule 11 ( d ) asking for dismissal of suit/plaint as barred in law ie benami transaction?
Many Thanks
Anonymous
20 May 2021 at 17:17
My second wife ( since my 1st wife deceased) is illiterate. her father expired 10 yrs back leaving behind some small peices of land.Now my wife's Younger brother and elder sister who are also illiterates, are forcing my wife to sign some land documents in the sub-registrar office.
Till now no family partition has taken place.
she is afraid of going to court and police. every day they quarrel over phone for hours.I'm very much disturbed.and im afraid this effects my personal family life also.
Even after some elders advice, they are not ready to go for partition.
As Ive seen some documents which they have done,seem to be not valid as per law.
What step can i take legally to settle this issue.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspers advice.since they dont respect our legal systemThis family are not ready to gofor partition, even after some eld.
Anonymous
19 May 2021 at 20:47
I (Assume A) am one of the co-parcener of HUF, partition settlement among the family members is failed and thereafter we filed partition suit before the Court and now our partition suit is pending in court for hearing, and the partition suit is filed recently including all the Properties which are in the name of different co-parceners of the HUF. One of the family property which is in the name of another Co-Parcencer(Assume B), taking the advantage of his only name in the registered document has filed eviction suit against me( A) in the Civil Court on the basis of rental agreement executed in the year 2014 by another co-parcener (Assume C) to use 2nd floor of the property for business purpose.
I (A) and another co-parcencer (C) are having a Partnership Business, since from 2014 and closed the Partnership in the Year 2018,
The rental agreement referred above is executed by C with B without my knowledge, and the reason behind this rental agreement is to create address proof for the Partnership Firm to open Bank Account and to take government registration such as VAT, PAN and other local registrations. The rental agreement is signed by only C and not by mine (A).
The Partnership firm have never paid rent since from the date of rental agreement, either Partnership Firm has shown as expense or B has shown as rental income in Income Tax Returns.
The term of lease period is missing in the rental agreement
The rental agreement is unregistered and not renewed at all.
The rental agreement is signed by only C, representing as a partner of a Firm.
The rental agreement is executed at a time when this property is under construction and not having power connection.
I have resided in this property, since from 2010 along with all other co-parcencers, as this property is common for residence and business for all the member of the family upto 2018, thereafter elders of the family decided to divide the family, for this I have all the supporting documents such as Gas Connection, Voter ID, Aadhar Card, Bank Statements and other all address proof documents.
Under such circumstances, My questions to the Experts are as below:
1) Rental Agreement executed by C in the above case bind me (A)? our Partnership Deed is not having clause for signing and execution of documents on behalf of Partnership Firm.
2) Is it valid rental agreement due to lapses mentioned above?
3) Can I take stay on the above case, when our Partition suit is pending?
4) Can you guess the final verdict of the Court on the above facts and circumstances?
Thanks in advance
Member (Account Deleted)
18 May 2021 at 12:34
Respected Experts
Good after noon
Plz guide for the below issue
One chinnayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donates to temples. One house is more important, as it is the worshipping place of local deity, ammavaaru. That house is called as the Maternal house of deity. On evry auspicious occassion the family of chinnyya has to visit temple and invite goddess to maternal house. Said chinnyya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendents have to perform first puja and present clothes and ornaments to deity.
On every dusherra these family members must visit the temple and worship in said house for ten days.
Deceased Chinnayya had Two sons and Three daughters.
Narasimha is eldest son and Nagayya is Youngest son of deceased.
Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house infavour if Narasimha, without the knowledge of other legal heirs or grand children.
Now Anand, son of Narasimha restraining the legal heirs to enter into the worshipping place/house. And also trying to sell away the vacant land of joint family property without the consent of other legal heirs of deceased chinnayya.
daughter and son of Nagayya and other are claiming their right to worship goddess in said house and share in the said land property. But son of Narasimha by name Anand applying his muscle, caste strength to restrict the descendants to perform the ancestral custom of worshipping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders.
In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps
Can approach proper court praying to allow them into maternal house of goddess and to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft.
Or they for immediate relief or else
serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property
Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief
Thirumalai Dasan K
15 May 2021 at 10:32
Sir/Madam,
We reside in apartments having 1112 flats, in Chennai. Completion certification obtained for block wise in 2014,2015 nd 2018 There were 4 associations and free for all situations for about 4 years thanks to builder’s nasty act. Two associations had been deregistered and other two merged to become one. The association charging maintenance but incurring expenses for club house which is got registered somehow in builder’s name and UDS is neither a part of common area nor distributed to flat owners. Buyers paid 1.5 to 1.75L as life membership fee to builder.
STP CTE was given in Dec’2019. According to Association (AGM minutes & other communications), till date STP is not functional/not taken charge and so is the case with Fire Hydrant systems. Deviating from CMDA approval they CREATED COMMERCIAL SPACES, approx. 2000 Sq ft overall. One of approved commercial cafeteria is under lock & key by a third party since 2018 and third party not surrendering key and arm twisting. Security system became so weak because of absenteeism and turnover. WTP is not functional and residents keep complaining about black water. But association /FMS keep charging full maintenance and additional water charges 500/-pm.
ITR was not filed for two years in between and filed for AY2020-21.
Who is responsible for non-compliances and any untoward happens in future?.
Can the assn. charge for water without any Resolution?
Can they spend for club house?
Can they charge interest on delayed payment in protest?
What are the solutions in front of disgusted residents?
Thanks
Deeksha nayyer
14 May 2021 at 23:57
Hello Sir,
CAN WE FILE A DEFAMATION SUIT/ DAMAGES SUIT AGAINST PLAINTIFF, IF SOMEONE IS HARASSING US BY PLANTING FALSE STORIES, EVIDENCE IN THE COURT JUST TO BLACKMAIL US AND GET SOME MONEY FROM US.
THE CASE IS CLEARCUT AND IT IS DISMISSED BY THE COURT, BUT THE PLAINTIFF IS APPEALING AND IN THESE COURT CASES I HAVE WASTED MORE THAN 7 YEARS AND I AM NOT ABLE TO SELL IT OR MORTGAGE IT.
I AM VERY FRUSTRATED WITH THE CASE
MY QUESTION IS-
1. IS IT POSSIBLE TO GET MENTAL HARASSMENT MONETARY COMPENSATION BY FILING DEFAMATION SUITS AGAINST PLAINTIFF.
2. USUALLY AS PER YOUR EXPERIENCE SIR, HOW MUCH MONEY CAN THE COURT MAKE THE PLAINTIFF PAY IF I PROOVE THAT THE CASE FILED BY PLAINTIFF IS FOR MENTAL HARRASMENT.
3. CAN I FILE THE DEFAMATION CASE ANYTIME OR I SHOULD WAIT TILL THE CASE GET DISMISS IN HIGHER COURTS.
Please guide me sir..
Anonymous
14 May 2021 at 17:42
Dear Sir
I have open terrace of 150sq.of my flat on 1st flr. of building. FOR THE protection from rainy season and heavy loaded things thrown out of window from 2nd to 7th flr with garbage , we constructed patra shed. no grill work , no window only patra shed on our compound wall which was attached to my room on first flr.
i used to pay maintenance , property tax regularly because it is a part of my flat. but one of member from my society complaint regarding shed work to NMMC , HENCE NMMC issue a notice to me only . they didn't consider other neighbor shed work.
they said remove shed with in 32 days . Request you to guide me
Anonymous
13 May 2021 at 11:34
I need your help and guidance please . I got your email address from Google online search
I have 30 gunte crop land in raigad out of which 6 gunte was sold by my cousin to third party. 24 gunte is in my ownership since 1975.
There was a ongoing case filed dispute with tahsildar for peek pahani for this 6 Guntee area.
However This 6 gunte registration is done three months back by my cousin. Talathi has written remark of tukdee Bandi and stop the title transfer.
My question is
1. Will the third party able to transfer 6 gunte on his name.? And how?
2. How can I cancel the registration deal and stop the transfer of title for this 6 gunte.
Please guide me
Anonymous
13 May 2021 at 07:55
Sir,
The agriculture Land is the self acquired property of my Mothers' Father[Maternal Grandfather].
He died intestate in 1958 leaving behind his Son(A), daughter (B)(my mother).
On 24/2/2017, My uncle(A) sold the entire land showing Patta (Revenue document) as his title hiding the registered title deed which is in name of my grandfather.He hidden the presence of my mother(B). We came to know about this sale on 01/02/2020 and we sent a legal notice for partition on 04/02/2020 to my uncle and the person who bought the land.
They haven't replied for our legal notice.So we filed a partition suit in district court and prayed to set aside the registration which wont control my mother share in the property.Our case got filed on 04/03/2020.
My query is:
1) Do my case will be rejected on ground of Law of Limitation?
2) I came to know about this registration during 2019 which happened on 24/02/2017 and I sent a legal notice on 04/02/2020 .But case got filed on 04/03/2020 i.e. 3years and 9 days which exceeds the limitation of 3years. The court proceedings are happening.If the defendants Cites the Law of limitation,Will it be barred by law of limitation?
Kindly share your knowledge please.
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