Civilsuit dismissed as plaintiff not turned up twice
A.V.Shenoi MBA,M.Phil, MS(Psy)
(Querist) 24 August 2013
This query is : Resolved
can I file a suit for compensation for harassing me 2years.can the plaintiff revive the case and in what period. when I will be able to sell the property?
CONCLUDING POINTS
1. other siblings can not file suit for the same cause of action in the came court.
2. petitioners sign of attestation not needed as mentioned in the partitiondeed as it is only a clog. no new document is created it is a will.
3. the defendent holds the title and right on his property for the last 17 years after the death of the testor on 11 th march 1995 and holds absolute right solely and independently after the death of father on 10th may 1999 to whom life estate was given..
4. the siblings have no right or authority over the property, but they can use the building in the property with the permission of the defendent. but this clause automaticaly lapsed due non relevance and no claim for more tham 17 years.
5. no where in the will written that the property can not be alienated but written to enjoy with absolute right and independence means that i can sell the property or use it as i want subject to covenants. the only covenant was life estate for my father and that is over after his death. use of building is not a covenant as it is not attached with land and also that no where is written siblings has any right over my property as written for father. it is only a wish of my mother as i am the eldest. it is not a binding but to be allowed as per feasibility by present title holder. over and above such covenants or restrictions of use of property not legally valid as per section 138 of succession act as well as transfer of property act.
6. so there is every possibility for verdict favouring me. rest god's will. no way i am at loss or gain as my end is fast approaching may be another decade maximum. i am not going to take it along with me nor the petitioner. i told my lawyer that we r fighting dharma yudha. truth must prevail let it take any number of years. no problem truth can not surrender to un truth adharma. thanks a lot for giving me knowledge and guidance. may bless all of us with wisdom health and peace and prospirity.
7. We must convince the judge , with facts and figures from the available documents and cross examination of the plaintiff.
Nadeem Qureshi
(Expert) 24 August 2013
you can easily bear consultation fee, contact a lawyer
Rajendra K Goyal
(Expert) 24 August 2013
Have trust on your lawyer, You are doing this with best of your spirit. In case of need have secondary view from another advocate.
A.V.Shenoi MBA,M.Phil, MS(Psy)
(Querist) 24 August 2013
THANK U
I HAVE HUNDRED PERCENT TRUST IN MY LAWYER.
THE MISSION OF LAWYERS CLUB IS FOR EXCHANGE OF KNOWLEDGE.THATS WHY I JUST ENQUIRED.AS A QUALIFIED MAN I HAVE MY OWN LOGICAL CONCLUSIONS. SO REPLIES TO MY QUIRY CAN HELP ME JUDGING MY CONCLUSIONS. I AM AN OLD MAN OF 73 YEARS AND DO SOCIAL SERVICE AND PSYCHOLOGICAL COUNSELLING TO THE NEEDY NOT CHARGING ANY FEES. MY ADVOCATE IS WELL EXPERIENCED AND A BUSY PERSON. THATS WHY I APPROACH OTHERS TO MAKE SURE CORRECTNESS OF OUR STRATEGY.
FOR UR INFO- I HAVE COLLECTED A VALUABLE INFO- AS FOLLOWS-
Supreme Court of India
Thomson Press (India) Ltd. vs Nanak Builders & Investrs.P.Ltd & ..
. on 21 February, 2013
THE TRANSFER OF THE SUIT PROPERTY
PENDETE LITE IS NOT VOID.
WE DO NOT SEE ANY REASON WHY THE BREACH OF ANY
SUCH INJUNCTION SHOULD RENDER THE TRANSFER WHETHER BY WAY OF AN ABSOLUTE SALE OR OTHERWISE INEFFECTIVE
There is, therefore, little room for any doubt that the transfer of the suit property pendete lite is not void ab initio and that the purchaser of any such property takes the bargain subject to the rights of the plaintiff in the pending suit. Although the above decisions do not deal with a fact situation where the sale deed is executed in breach of an injunction issued by a competent Court, we do not see any reason why the breach of any such injunction should render the transfer whether by way of an absolute sale or otherwise ineffective. The party committing the breach may doubtless incur the liability to be punished for the breach committed by it but the sale by itself may remain valid as between the parties to the transaction subject only to any directions which the competent Court may issue in the suit against the vendor.
THANK YOU ALL ONCE AGAIN.
A.V.Shenoi MBA,M.Phil, MS(Psy)
(Querist) 25 August 2013
THE WORLD IS RUNNING AFTER MONEY LEAVING INDIAL CULTURE AND MORAL VALUES. SO SUFFER ALL PRESENT DAY PROBLEMS. PEOPLE BECOME DESPARATE AND TURN INTO NAXALITES AND BAD ELEMENTS READY TO DO ANYTHING FOR MONEY AND PLEASURE. WE MUST BE HELPING HANDS TO ONE ANOTHER TO GET PEACEFUL LIVING.MONEY ALONE CAN NOT GET PEACE.SERVICE TO HUMANITY IS SERVICE TO DIVINITY- NARAYAN HRIDAYALAYA. Yesteryear humourist Mehmood was more than symbolic when he crooned 'Na Biwi na bachcha na baap bada na maiyya / The whole thing is that ki bhaiyya sabse bada ruppaiya' in the 1976 movie Sabse Bada Rupaiya.KNOWLEDGE WHEN SHARED , IT ONLY INCREASES- THATS THE OLD SAYING. MAY GOD GIVE WISDOM TO ALL.
A.V.Shenoi MBA,M.Phil, MS(Psy)
(Querist) 25 August 2013
THERE IS GREAT DIFFERENCE OF THE PAST AND PRESENT OF INDIA THAT IS BHARAT.CULTURAL AND MORAL VALUES DIMINISHED IN YOUTH. NUCLEAR FAMILY MADE PEOPLE LIVE INDEPENDENTLY WITH OUT ANY BINDING WITH ELDERS LEAVING JOINT FAMILY CULTURE.THE WHOLE WORLD IN TROUBLE FIGHTING ONE ANOTHER AND BIGGIES TRY TO TAKE ADVANTAGE TO RULE OVER UNDER DEVELOPPED. THE MEMBERS PL GUIDE WHERE WE LEAD OURSELVES.
THANKS
