Anonymous
26 November 2009 at 21:31
My father (Plantiff) filed a benami suit against me Son (Defendant No. 1) in the April 2001. The year of purchase of property in March 1974. That the defendant No. 1 is the owner of the property which was purchased in the year 1974 from Cooperative Housing Society with the funds arranged by his late Uncle for the love and affection and wish of his late sister ( mother of defendant No. 1) as the said uncle was issueless till the time of his death. Age of Defendant No. 1 is twelve year at the time of purchase of property.
That after 22 days of the death of maternal uncle the plaintiff has applied with forged document for transfer of property in question before Defendant No. 2 ( Cooperative Housing Society ) after 27 years. The suit is time barred. The suit has been filed with malafide intentions and ulterior motives on the basis of forged documents.
That suit has been filed by father against me on the instigation of my sisters after the death of my maternal uncle.
Defendant No. 2
That no cause has to file the above suit against the defendant(s) for simple reason that no application / transfer form alongwith the affidavit was filed before the defendant No. 2 and that subsequently the defendant No. 1 is the actual party in whose name allotment of plot stand in the record defendant No. 2 as per written statement filed by the defendant No. 2.
Plaintiff is died of June 2007. The Presumptive legal Representatives of Plaintiff are two sons and four daughters.
Written statement of Defendant No. 2 ( Cooperative Housing Society)
1- That the date of birth of defendant No. 1 are not in the knowledge of answering defendant 2.
2- I t is however stated that the building plan was submitted by the Defendant No. 1.
3- The defendant No. 2 ( Cooperative Housing Society) did not receive any application for transfer of the property
4- That no cause has accrued to file the above case against this defendant for the simple reason that no application / transfer form along with affidavit was filed with the defendant and that subsequently the defendant No. 1 in whose name allotment of plot stands.
EVIDENCE:
1- That the decased Plantiff has failed to establish his case while the burden of proof is upon the plantiff. He has failed to establish that his income /salary was sufficient to purchase the property.
2- That the plantiff has not produced the declaration of assessments of assests for the year 1974 to 1979 in his evidence.
3- No Proof of evidence of Benami has been produced by the plantiff .The plaintiff failed to proof the Benami.
Know the case is on arguments stage. Please advise and suggestions for arguments Kindly supplement the reply with decided case laws.
Sunlawseeker
26 November 2009 at 20:57
Hai!
My friend has borrowed housing loan, he paid first 3 installments. Thereafter, he failed to pay more than 5 EMIs.
He wants to go for OTS (one time settlement).
Some people said that there is no OTS for housing loan.
Any one can help me.
thank you.
Sundaresan
Anonymous
26 November 2009 at 19:16
need to know info about .what to do next?
contact me : suman.bt46@gmail.com
harish
26 November 2009 at 15:14
my husband left some properties and died in the year 1970 after the death of my husband my husband first wife childern sold the property without our knowledge and i am the second wife legally and i have got 3 childrens and the property is sold in the year 1970 but i came to know now in the year 2009 so what is the procedure to get my share and my 3 children share in the propertry plz sugest me
P.K.Haridasan
26 November 2009 at 14:23
Dear friends
A filed a partition suit before a Subordinate Judge making B to G are defendants. Some of the parties from the defendant array appeared, B, as he was in Gulf could not contest or make arrangements to defend. Court made him exparte. Later on the Plaintiff and the contesting defendants also not pressed the suit. The suit was dismissed by the court. Can A now file a suit in the very same relief in the same Subordiate Court. If not what is the remedy available for A ?
Anonymous
26 November 2009 at 14:19
in context of will what is a probate
how much time it take to grant probate by a court.
how much time in ajmer civil court a partisan suit will take.
P.S.Subbaraman
26 November 2009 at 07:43
One of my clients had obtained a cheque for the sum that he had lent . The signatory to the cheque died and the family members of the signatory due to shock did not intimate the bankers of the death . The cheque got dishonoured due to insufficient funds ? The other side contends that the cheque has become stale after the death of the signatory? My client's contention is that the validity of the cheque is for six months period ? Is there any way out for my client?
Anonymous
25 November 2009 at 17:10
suppose a suit for recovery is filled againt legal heirs of a person to recover some amount from them but they do not have any property in their name apart from the house in which they live.
in that case will court order's to recover the amount by selling their house.
or recovery can not be made because they dont have any other property.
Anonymous
24 November 2009 at 23:31
can i claim the amount of cheque from the legal heirs of the drawer of the cheque.
The Drawer of the cheque has died before the maturity date of the cheques.
The cheques were post dated and the date on the cheques is a date after the death of the drawer.
i.e if darwer died in june 2009 the date is of july 2009.
I dont have any document in support of cheques to prove that why they are issued.
moreover please tell me what the drawer legal heirs can do to evade themselves from this liability.
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sureity
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