mustakeem saudagar
26 August 2024 at 13:10
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C.J.Sriram
26 August 2024 at 11:59
A father executes and register a Settlement Deed, in respect of an Independent House owned by him eariler Purchased by him, out of his own earning, in favour of his Wife, Two Sons and One daughter. He registers the said Settlement Deed with 25% ownership for each and also hands over the possession of the Property.
Subsequently the Joint Patta is also obtained in the name of all the 4 settlees.
In the Settlement Deed he gave them the right of alienation mentioning it clearly in the Deed.
He also mention that he and his Wife, (One of the Settlees) retain their right to stay in the house.
The settlement Deed mentions that the Settlement made is irrevocable.
QUERY:
1. By virtue of the Settlement Deed and the right of alienation given, can all the Settlees jointly identify a Buyer for selling the property. Is their Title obtained through the Settlement makes them joint owners to exercise their right to alienate, i.e, Sell the Property.
2. Is mentioning of Right to Stay in the property by the Settlor along with his Wife, disrupts the right of alienation given to the Settlees.
3. Can the New Buyer ,who wants to purchase the Property, rely on the Settlement Deed and the Right of alienation clearly mentioned and given to the Settlees go ahead to purchase the property.
4. Is the New Sale Deed, if executed by all the 4 Settlees convey full title and ownership to the New buyer.
5 Is the right to Stay retained in the Settlement Deed vanish or liquifies once All the 4 owners i.e., Settlees decide to sell the Property and receive consideration,
raju
25 August 2024 at 18:10
The person is filling multiple false complaints with police. The applicant filed complaint against the person under section 108 abedment to suicide before police to register case. My query is can police take action against the person.
Anonymous
25 August 2024 at 17:03
Party1 is my (Male, 50) family, and the counterparty (father, mother, my late brother family). No sister. Party and Counterparty are resident of Hinjewadi, Pune but originally from Bihar. My mother is abusive to relatives, elders, her uncle, or anyone not obeying her including husband. I have call record (digital copy) of my late brother to prove she is abusive and beats her husband. She pressure on everyone except my immediate family.
Four years ago, we sold an Ancestral property (Bihar City) based on written family arrangement (20% to each son, and 30% on father name with my son as exclusive nominee, 30% to mother with my brother’s son as exclusive nominee). Tax return, subsequent calls(digital records with me) all are in accordance with that, and family members, particularly my father frequently appreciated it.
Six months ago, I agreed to the sale of other Ancestral property in Bihar village on the condition that the sale would be done as per earlier family arrangement. Furthermore, when my father was in good health, he wrote a separate plan on a paper stating 50-50 split between two sons with a small gift deed to a helper, which all of us had agreed verbally. (Have his call record, confirm 50-50 split).Helper gift deed done by father recently, as per plan.
Four weeks ago, my mother fought with me and tried to frame me in false criminal case and usurp all properties as a revenge to not obey her. The counter party (my father under pressure I assume) joined and planning to deprive me of my rights. Counter party received advance payment in joint account despite my objections (to them and also to buyer).
Helper (gift deed) , buyers of property all confirmed on call (I have records) that it was to be 50-50 between brothers, payment was supposed to be at time of registration.
My lawyer served counterparty with a notice for criminal breach. In their reply, counter party lawyer offered me 1/4 as a charity (without any liability to them) once sales is registered. They falsely claimed that I have received excess payment for previous City ancestral property deal as I was in need (false). Just now, I have responded with transcript of all calls and proof, Tax records, bank transactions that all allegations are false. Money is no more important but being right or wrong so, we outright rejected their offer.
Counterparty are financially ok. I want to get exactly as per family arrangement, not a Rs more not a Rs less. In my reply/ replication, I have withdrawn my assent to the sale of village ancestral property as they are cheating. Now my father is too old, he, under pressure, may say that he won't agree to his own written plan even though he already followed it while gifting helper.
(A) Can my father insist a different distribution from agreed family plan, and his own written plan, verbal agreement (recorded)? Or he can not deny for this village property under discussion but, he can insist 1/3 to me for all remaining Ancestral property? (Note: as said above, he made a gift from this village ancestral property as per his written plan which is allowed if coparcener agreed. My approval was subject to following full written plan.
(B) My lawyers is saying (1) my case is good for criminal breach (2) But first file for injunction ( go to village, 2000km from Pune) as per rights. But if it is injunction, I want to seek not 1/3 but as per family arrangements. If court accepts 1/3 only, I do not want to injunction, but file file criminal case. I have few dozen call records, two signed documents etc to prove my point. Kindly suggest best course.
(C) My lawyer says that I can file criminal case in Pune as all parties are located here.
Please advise on three points above. Thank you.
SK Sharma
25 August 2024 at 15:01
Sir,
There is a state run temple in district Kangra of Himachal Pradesh. RTI revealed that a middle pass to the post of pujari has been appointed in the said government managed temple, whereas the essential qualification for appointment to the post of pujari is Shastri Pass (a degree in sanskrit). I complained to the temple administration several times with documentary evidence. The authorities are not taking any action and have advised me to approach the court.
I met a lawer who advised me that I am not the affected party, hence can't approach the court.
I have also been advised that a PIL cannot be filed by a third person.
My query is whether this appointment will remain continue, as the concerned authorities are not discharging their duty as per their constitutional obligations. Despite this, if I cannot approach the court then what kind of system and law is this :
Please suggest what can I do in this situation ?
RASHID N SHAH
25 August 2024 at 11:37
Respected Lawyer and Experts,
Please arrange to post some FIR formats in Marathi language . Also suggest a book,on the subject in a simple language,
Thanks
bharat khatwani
25 August 2024 at 09:53
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now. Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices. Here are some defenses I anticipate from the advocate: Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council. Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications. Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct. Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations. I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable. Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
P.S.
With love to Mr.Kalaiselvan,
I must clarify that I did not intend for the matter to be marked as RESOLVED after your comment. My goal is to gather diverse perspectives from multiple advocates and explore all possible angles before finalizing my course of action.While I respect your opinion, I believe that stifling further discussion by marking the query as resolved prematurely prevents other advocates, who may
have valuable insights, from sharing their views. I would kindly request that you refrain from marking the issue as resolved, especially if you do not agree with the line of inquiry. Instead, I encourage open dialogue to help me fully understand the legal landscape I am navigating.
Legal matters can be complex and nuanced, and differing viewpoints are not only welcome but necessary for me to make informed decisions. I trust that you understand the importance of allowing a free exchange of ideas on such platforms.
bharat khatwani
25 August 2024 at 08:02
I am preparing to lodge a formal complaint with the Bar Council against an advocate who sent me a legal notice on behalf of my tenant, demanding an amount equivalent to 150 years' rent for repairs and renovations. A large portion of this expense is time-barred, as it refers to a supposed oral agreement made 25 years ago with my late father, after which the tenant remained silent until now.
Despite my reply to the notice—clarifying that the claims are baseless and requesting a withdrawal—I have received no response. I intend to proceed with the complaint even though I am aware that the Bar Council has historically not penalized advocates for refusing to withdraw baseless legal notices.
Here are some defenses I anticipate from the advocate:
Good Faith Defense: The advocate may argue that they acted in good faith based on the tenant’s instructions and were unaware of any fabrications or violations of Rules 4 and 5 of the Bar Council.
Client's Instructions: They might claim they are not responsible for verifying the accuracy of the client’s claims and are simply representing their interests, suggesting that they should not be held liable for potential fabrications.
Ambiguity in Rules: The advocate could challenge the interpretation of Rules 4 and 5, arguing that there is no clear precedent that directly applies to this case, thus weakening my claims of professional misconduct.
Lack of Precedent for Penalties: The advocate might highlight that no one has been penalized under these rules in the past, attempting to downplay the seriousness of the allegations.
I would greatly appreciate your insights on how to effectively counter these defenses. Any suggestions for strengthening my case or additional angles I could explore would be invaluable.
Thank you in advance for your guidance. P.S. I want to check out response of multiple advocates, so do not chose RESOLVED option after airing your views.
bharat khatwani
25 August 2024 at 07:30
I need details of case in which Bar Council has penalized any advocate for violating Rule 4 and 5 of the conduct rules. I am ready to pay.
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Leave and license agreement
What is leave and license and if I make this agreement, can the party sell or take possession of my property? If not, can I make this agreement for 3 years and if there is some dispute between me and that party? If so, can I cancel the agreement and return her deposit and leave? I want to give the ground floor and I will live above, will there be any problem with this?