per mensem profit
pk makkar
(Querist) 19 August 2016
This query is : Resolved
I m claiming half share in property on the basis of registered will of 2008 but full property is in possession of my brother who is claiming ownership on the basis of declaratory decree given by court in 1995.Case is going on in court.I got will of half share not knowing that decree is already passed for full property in brother favour.I have got mutation of my share on basis of will but brother didn't get mutation on basis of decree.Property is being used by brother alone.I have filed partition suit and claim for mensem profit of my share.My claim will be maintained or not as ownership issues is yet to be decided by court.Ownership will be proved by court on the basis of decree dt1995or registered will dt 2008.Brother has filed case for canceling mutation in my favour on the ground that father after declaratory decree cannot make will.please guide my claim for pr mensem profit and division of property on meted and bounds is maintainable or not.Property was self acquired by father and is in possession of brother since 1995.
Kumar Doab
(Expert) 19 August 2016
These facts were not posted in other threads initiated by you:
"I got will of half share not knowing that decree is already passed for full property in brother favour....................ownership issues is yet to be decided by court..............Ownership will be proved by court on the basis of decree dt1995or registered will dt 2008.Brother has filed case for canceling mutation in my favour on the ground that father after declaratory decree cannot make will."
http://www.lawyersclubindia.com/experts/probate-of-regd-will-612086.asp
http://www.lawyersclubindia.com/experts/payment-of-share-in-property-in-cash-612191.asp
http://www.lawyersclubindia.com/experts/payment-of-share-in-property-in-cash-612196.asp
It shall be certainly better to show all case documents and share inputs with a very able counsel specializing in such/revenue/property/civil matters for a considered opinion.
pk makkar
(Querist) 19 August 2016
Can I expect opinion of experts in the matter? With due apologies to the experts I note that they r generally evading reply on one pretext or the other.
Guest
(Expert) 21 August 2016
Response on academic queries should not be expected.
Moreover, your question is irrelevant, being premature, when ownership of the property has not been decided yet and the case is under trial in the court of law.
Even if there is slight truth in your story, better wait for the outcome of the court case. Only then come forward to get clarification on your doubt, if any you have, after the judgment, including the background and the case history of the declaratory decree.
Kumar Doab
(Expert) 21 August 2016
You have received reply from Senior Expert Shri P.S.Dhingra.
You can certainly expect and keep on expecting replies till the time you want.
The thread is initiated by you and is not closed by experts, admin so far.
The Experts are neither employee's nor engaged nor bound to feel subdued by your rude, commanding statements.
You have a complicated situation and your adversary and opponent is your own brother (and others if any) and is mighty ( as evident from contents of your posts in all threads initiated by you) and has created situation(s) for you that you are unable to handle.
On the top of that you are behaving as if you are Headmaster and addressing your pupils and not Experts.
It is felt that even paid consultation has not fetched you any noteworthy advise.
Hope you have pondered sufficiently and have concluded it is your own conduct that is fetching you fitting replies, and response everywhere.
