Information about L.P.A

Dear Experts,
Please inform what is the applicability of L.PA(Letters Patent Appeal) and where it is maintainable and under what circumstances it can be filed?/
Regards

Cancellation of sale deed

A has given a property on lease to B for 20 years thorugh unregistered Lease deed. The lease deed was signed before notary. There is a condition in the Sale Deed saying If lessor wants to sell the property, then he should first pffer the lessee and that in canse lessee rejects the offer then only the lessor may sel the Property to third party. The lesses r in physical possession of the property till date.

The lesser died last year. His wife sold the property to third party without offering to the lesse. She executed sale deed on behalf of her sons also as GPA holder. One of her son is mentally challenged person.

The question is whether lessee may seek cancellation of Sale deed?

The wife of deceaed land lord now saying that the she borrowed money from the purchaser, he took me to the Sub registrar's office saying that she ha sto sign loan papers and that she don't want to sell the property. But she is educated women.

What is the way out?

inheritance of property

I am one and only daughter of my parents. My father has inherited some property from my grandfather in the year 1988.My late father has three brothers. The yougest one looked after the property of my father. After my father's expiry my self and my mother asked the uncle to give our shares. He is insulting us and telling that he will not give and cheating us for the last 7 years. Incidentally he is also a lawyer.
My questions are
1.How to get back my property?
2.How much expense I have to incur to get the property back
3. Can he booked for cheating?

insurance matter on MACT.

Hi friends ,
My problem is that the capsity of a Omini bus is 17+ 8 + 2 workman but the owner had paid the premium for 16 passengers and for 2 workman i.e the driver and conductor. It mate an accsident and about 7 died and 24 passengers were injuured. In the circumstances I would like to know whether the insurance company is liable for payment of compensation to all 25 claimants or is it limited to 16 ? citation please.

Oath Commissioners

Dear All,
pl tell me the duties and working time per day of an oath commissioner.
Deepak Jain

Parallel proceedings are maintainable or not?

Respected Sir,

I filed a suit for recovery of an advance amount, on the basis of an Agreement of Sale, as I have paid 1/4th of the sale consideration amount at the time of execution of the Agreement of Sale (un-registered).

The main contention in this issue is” before issuing a legal notice the land owner (Vendor) has transferred the said schedule property to the 3rd parties and registered an “Agreement of Sale cum GPA” and possession was also delivered to them. But the same was not mentioned in his reply notice. It has come to my knowledge, only after filing of his counter pleadings in the above said suit. Immediately I filed a Criminal case u/s 420 of I.P.C. against the defendants/Accused, before the concerned court and the same was referred to the concerned police and the police registered a crime u/s 420 of I.P.C.

At this stage, what I came to my notice is, that the Public Prosecutor of the concerned raised an objection that the matter is in civil nature and Section 420 of I.P.C. is not applies in this regard. Now the police want to close the case accordingly.

So plz.clarify the following:-

1. Without canceling the existing an Agreement of Sale, how the land lord again go for alienation?

2. When the land lord himself declares/assures about the land “was not effected in any of the encumbrances, court attachments, prior agreements or any other issues” as narrated in the registered Agreement of Sale cum GPA? So is it not come under cheating?
3. If I want to go and arrest the defendants/accused, what i have to do?
4. In this I am not going for Specific performance of contract/Agreement, but I filed the suit for recovery of the advanced amount.

succesion through will

Case Hstory:
Plantiff rgistered the commercial land through one of legal heirs of the above said land and demanded injuction for the pocessionof the land.

Defendent who is the lone suviving primary lgal heir and into the pocession and occupation of the land past 35 yrs.
And also got thr ownership certificate from the muncipal aithorities and also tax payer for the above said land.He acquired land through the registered sealed will which was made by his late fathr 35 yrs ago. There was a three evidences who sgned the will but only one signatory is survived. The same person has been produced n the court for evidence.
His statement was he signed the doucument but he is not aware of the matter of the document but he is accepting the signature.
As plantiff claims that the above said wll false pre-fabricated.
After completing the hearings from both parties now the case is for arguments in district civil court.
So many other evidences pertainng to defendent pocession and enjoyment of the above said property and the land today also only in the pocession of the defendent.

My question is what will be decision of the court? infavour of the palintiff or defendent?
What about acceptance of will by Court of law.

Janardhan Kotwal.

CERTIFIED COPY PERMISSIBLE DURING CROSS EXAMINATION

probate

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Buying of a property

Respected Experts,
I hv a qn. to ask -
a residential property G+1, is inherited by 2 persons on floor basis, first floor is occupied by the present owner of the first floor & the ground floor is partly lying vacant & another portion is occupied by an old tenent, who continued to be tenent befour the inheritance & now the ground floor owner has file a case against the old tenent, but then too, the tenent is keeping his possasion into that portion of the property,
Now the owner of the ground floor want to sell the ground floor to me for which he offered a reduced price then the prevailing market rate to me,but he will sell it with the tenent,
now my question is shall i go for purchasing such property or not?
if i purchase the property then how can i make the property ferr from such tenent,
is it possiable that when a legal case is continuing then an owner can sell his property?
Expert Sir, my question is a little bit long but i need the answer as soon as possiable.so sir, Pls. help me.
Thanks
Debashis