Consent terms
Rajendra
(Querist) 03 January 2017
This query is : Resolved
Dear Sir,
My name is Rajendra Ramdeo Gupta; I am staying in Borivali (West), Mumbai, Maharashtra.
My father Shri Ramdeo Shivraj Gupta had constructed a Chawl of 54 rooms constructed on 3Nos of plots admeasuring 804.50 Sq. mtrs. Approx. at Mohili Village, Sakinaka, Mumbai – 400 070 & One of his younger brother Shri Radheshyam Shivraj Gupta had also constructed a Chawl of 50 rooms on a plot admeasuring 657.40 Sq. mtrs. Approx. at Mohili Village, Sakinaka, Mumbai – 400 070 all plots is attached with each other.
Shri Ramdeo Shivraj Gupta my father expired on 17th March, 1968 at the age of 37Yrs leaving behind him his legal heirs (Smt. Shyamkali Ramdeo Gupta – wife - Age 30Yrs, Mrs. Ramlali wife of Mr. Rameshchandra Gupta - 1st Daughter - Age 15Yrs, Master Ramesh Ramdeo Gupta - 2nd Son - Age 13Yrs, Miss Pushpa Ramdeo Gupta - 3rd Daughter - Age 6Yrs., Miss Kamla Ramdeo Gupta - 4th Daughter - Age 4Yrs., Myself Master Rajendra Ramdeo Gupta - 5th Son - Age 16 months)
Smt. Shyamkali Ramdeo Gupta knows only that Late shri Ramdeo Shivraj Gupta had a chawl, but she don’t know the exact location of the chawl, because Late shri Ramdeo Shivraj Gupta had not informed her properly due to her illiteracy & given residence address of Shri Radheshyam Shivraj Gupta as correspondence address to all the department. Both brothers were meeting daily to each other at their working place i.e. Shri Ramdeo Shivraj Gupta working with M/s. Air India Ltd & Shri Radheshyam Shivraj Gupta also working with M/s. Air India Ltd. And on every Saturday & Sunday at Mohili Village, Sakinaka, Mumbai – 400 070.
On 17th March, 1968 my father Shri Ramdeo Shivraj Gupta went to the Mohili Village, Sakinaka, Mumbai – 400 070, at that time he got chest pain, and the his tenants with Shri Radheshyam Shivraj Gupta were taken Shri Ramdeo Shivraj Gupta to the Hospital, but my father Shri Ramdeo Shivraj Gupta were expired in the way doctor declares its Heart Attack.
Now widow of Late Shri Ramdeo Shivraj Gupta become financial support less because she is illiterate, she don’t know the exact location of chawl, she don’t know the local areas where her husband Late Shri Ramdeo Shivraj Gupta was working, so she have to depend on the brother in Law (Dewar) Shri Radheshyam Shivraj Gupta for her house expenses, her children’s education, survival of her family because Shri Radheshyam Shivraj Gupta know whatever the investment done by the Late Shri Ramdeo Shivraj Gupta. The tenants of Late Shri Ramdeo Shivraj Gupta knows to Shri Radheshyam Shivraj Gupta as a younger brother of Late Shri Ramdeo Shivraj Gupta that’s why the tenants of Late Shri Ramdeo Shivraj Gupta were giving Rent to Shri Radheshyam Shivraj Gupta. Now Smt. Shyamkali Ramdeo Gupta were going to the house of Shri Radheshyam Shivraj Gupta for collecting the Rent which was collected from the tenants of Late Shri Ramdeo Shivraj Gupta twice in a month & what she is getting per visit some time Rs.75/- some time Rs.50/- some time Rs.100/- some time empty hand. In the Mean time Shri Radheshyam Shivraj Gupta were asked to Smt. Shyamkali Ramdeo Gupta give Application for the vacant service of Late Shri Ramdeo Shivraj Gupta, at that time Smt. Shyamkali Ramdeo Gupta told, I am illiterate how can I work in such a big organization. She asked to Shri Radheshyam Shivraj Gupta can you recommend for my Daughter in Law, Mr. Rameshchandra Gupta he will look after his family and will help my family also. So she tried for her Daughter in Law Mr. Rameshchandra Gupta for the job in vacant place of Late Shri Ramdeo Shivraj Gupta & her Daughter in Law Mr. Rameshchandra Gupta was appointed in Indian Airlines because the M/s Air India Ltd got divided in International Airline & Domestic Airline. The department in which Late Shri Ramdeo Shivraj Gupta was worked becomes under Domestic part & the Department where Shri Radheshyam working becomes in International Part.
Now Smt. Shyamkali Ramdeo Gupta going to collect the Rent in Shri Radheshyam Shivraj Gupta’s house twice in the month from Goregaon to Kalina in Air India Colony since 1968 to 1975. In between 1968 to 1975 when the Smt. Shyamkali Ramdeo Gupta went to collect the Rent at that time Shri Radheshyam Shivraj Gupta had told to her that {the tenants were not giving Rent, that’s why we have to give Notice to them for collecting the Rent, and had taken the Thumb Impression on Blank Stamp Paper }
In 1975 Shri Radheshyam Shivraj Gupta had Recommended for Mr. Ramesh son of Late Shri Ramdeo Shivraj Gupta as a Casual Labour in M/s Air India Limited in exchange of that Smt. Shyamkali Ramdeo Gupta will not come to collect or asking for the Rent of the 54 rooms. Now he stopped paying Rent which was collected for the 54 rooms. Now the tenants of Late Shri Ramdeo Shivraj Gupta knows to Shri Radheshyam Shivraj Gupta.
In 1991 one day Shri Ramesh Ramdeo Gupta meet to Shri Radheshyam Shivraj Gupta regarding some money at that time Shri Radheshyam Shivraj Gupta has given him Rs.50,000/- and taken the signature on a letter with revenue stamp mentioned that “Chacha ne muzhe sab baat bataya aur mai maan gaya. Maine apna share Chacha ko Rs.50,000/- me de diya”
The Legal heirs of Late Shri Ramdeo Shivraj Gupta don’t know the exact location of the plot in Mohili Village, Sakinaka, Mumbai – 400 070 till July 1993. When they, Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son, come to know only one plot no. and 2 plot nos. in 2015, they meet the tenants and given letter to tenants & than they applied for entering their name on Property Register Card in City Survey Office. There were Six Legal Heirs of Late Shri Ramdeo Shivraj Gupta, in Property Register Card They register Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son, after getting NOC from Mrs. Ramlali wife of Mr. Rameshchandra Gupta-1st Daughter-Age 41Yrs, Mrs. Pushpa Ramprasad Gupta-3rd Daughter-Age 32Yrs., Mrs. Kamla Mahadeo Gupta-4th Daughter-Age30Yrs.
Now they, Smt. Shyamkali Ramdeo Gupta, Shri Ramesh Ramdeo Gupta & Shri Rajendra Ramdeo Gupta, applied for the change name in Assessment Tax but the son of Shri Radheshyam Shivraj Gupta, Mr. Mahendra Radheshyam Gupta, who had threaten Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son. Shri Radheshyam Shivraj Gupta expired on 25th November, 1997.
Smt. Shyamkali Ramdeo Gupta expired in 23rd February 1999 at that time Mr. Mahendra Radheshyam Gupta told to Shri Ramesh Ramdeo Gupta Son & Shri Rajendra Ramdeo Gupta Son, that he will give Fifteen Years Rent as per Rs.10,000/- per month i.e. Rs.1,50,000/- after getting the said amount you will not come at Mohili Village, Sakinaka, Mumbai – 400 070 for that Mrs. Ramlali wife of Mr. Rameshchandra Gupta-1st Daughter-Age 46Yrs, Mr. Ramesh Ramdeo Gupta- 2nd Son-Age 44Yrs, Mrs. Pushpa Ramprasad Gupta-3rd Daughter-Age 37Yrs., Mrs. Kamla Mahadeo Gupta-4th Daughter-Age35Yrs. & Mr. Rajendra Ramdeo Gupta – 5th Son Age 33Yrs. Have to sign some papers in Bombay High court.
On 17th February, 2014, Shri Ramesh Ramdeo Gupta expired at the age of 59Yrs, leaving behind him Smt. Meena Ramesh Gupta – wife & Mrs. Sheetal wife of Swami Pardesi.
I, Mr. Rajendra Ramdeo Gupta, went to meet & collect the Rent to Mr. Mahendra Radheshyam Gupta, now he tells that you (Mr. Ramesh Ramdeo Gupta- 2nd Son, Pushpa Ramdeo Gupta-3rd Daughter, Kamla Ramdeo Gupta-4th Daughter & Mr. Rajendra Ramdeo Gupta – 5th Son) were not allowed for collection of Rent because you with your brother & sister’s were released your rights in our (Smt. Ramrati widow of Late Shri Radheshyam Gupta, Shri Devendra son of Radheshyam Gupta & Mahendra son of Radheshyam Gupta) favour.
They says that In 1999 Smt. Ramrati widow of Shri Radheshyam Gupta called PLAINTIFF, had filed a suit versus (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta called DEFENDANTS.
Smt. Ramrati widow of Shri Radheshyam Gupta made CONSENT TERMS as follows:
(1) The Defendants waive service of Writ of Summons.
(2) Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
(3) Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
(4) Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
(5) Decree in terms of Consent Terms.
(6) No order as to cost.
At present Situation City survey office showing the name of (1) Smt. Shyamkali Ramdeo Gupta (2) Shri Ramesh Ramdeo Gupta, (3) Shri Rajendra Ramdeo Gupta. City Survey Office Deleted the name of Late Smt. Shyamkali Ramdeo Gupta on the basis of enquiry on 26th May, 2003 by Affidavit from, Shri Ramesh Ramdeo Gupta & Shri Rajendra Ramdeo Gupta & Death Certificate from MCGM submitted to City Survey Office, into consideration. Presently One application is under process for the deletion of Late Shri Ramesh Ramdeo Gupta expired on 17th February, 2014 at the age of 59Yrs, leaving behind him Smt. Meena Ramesh Gupta – wife & Mrs. Sheetal wife of Swami Pardesi. Department asking NOC from Landlord and Shri Rajendra Ramdeo Gupta & Smt. Meena Ramesh Gupta don’t have any contact of Landlord.
Shri Rajendra Ramdeo Gupta had served a letter by an advocate to Shri Mahendra Radheshyam Gupta & CC to all tenants that I am going to collect the rent every month. For this letter Shri Mahendra Gupta had given the copy of Consent which, Smt. Ramrati widow of Shri Radheshyam Gupta made, reply to Shri Rajendra Gupta’s advocate & CC to all tenants, that they had given all rights to Smt. Ramrati Radheshyam Gupta, Shri Devendra Radheshyam Gupta, Shri Mahendra Radheshyam Gupta.
If we, Ramesh Ramdeo Gupta, Rajendra Ramdeo Gupta, Pushpa Ramdeo Gupta, Kamla Ramdeo Gupta, had given the right, so why they had not executed the right in 15 years?
If Given Rights were not executed in 17 years, Court can declare it as cancelled Rights or can we directly go and collect the Rent, assuming that we had released the Rights but they were not executed the Rights.
My mail address is as follows:
guptaji221166@gmail.com
my contact no. 09222211660 / 07303296662
Please give suggesstion
R.K Nanda
(Expert) 06 January 2017
query very very long.
Rajendra K Goyal
(Expert) 06 January 2017
Please state clear material facts in brief.
It is better to discuss in detail with local lawyer dealing in the field.
Rajendra K Goyal
(Expert) 12 January 2017
Repeated:
http://www.lawyersclubindia.com/experts/Consent-terms-628101.asp
http://www.lawyersclubindia.com/experts/Consent-term-628331.asp
http://www.lawyersclubindia.com/experts/Consent-terms-628551.asp
