Filed case using xerox of invalid document
G.S.RAVICHANDRAN
(Querist) 30 November 2014
This query is : Resolved
Dear sir
I signed a mutual agreement with my brothers sisters,in presence of panchayat people friends & relatives on march 29, 2013 valid till April 29 2013. In that they agreed that I will acquire my fathers self earned house in turn for which i shall give them portion of my land indvidually.All of us and 7 evidences have signed it .It was only the draft not made in stamp document.The document was not registerd They didnt handover the the home for me as one of my brother had differance of opinion.I too didnt give them the land.The panchayat people said that the document would be cancelled. Now I Have made agreement with a party to sell my land. One of my brother has filed case in court with the xerox copy of the document i made with the family members. The court has numberd the case with an invalid unregisterd xerox copy of the document. How can the court accept it? How should I proceed. The panchayat men have told that they will give me all the cancelled document.My brother has put posters in my village thae my land is in case in the court and no body should buy it. He can put posters without permission from the court or shall i file compensation case?Pls reply me
Dr J C Vashista
(Expert) 30 November 2014
Consult your lawyer for proper evaluation and analysis of the documents qua the properties involved.
Rajendra K Goyal
(Expert) 30 November 2014
Consult a local lawyer and defend the case filed by your brother.
ajay sethi
(Expert) 30 November 2014
the document which is not stamped and registered is in admissible in evidence . you should defend case on merits . mention that drfat agreement was never acted upon as self acquired house was not handed over to you
R.K Nanda
(Expert) 30 November 2014
consult local lawyer.
Devajyoti Barman
(Expert) 30 November 2014
papers are unworthy for consideration of court.
Devajyoti Barman
(Expert) 30 November 2014
papers are unworthy for consideration of court.
G.S.RAVICHANDRAN
(Querist) 02 December 2014
Dear Sir,
The above case was filed on 20/11/2014. But My power of attorney(My Father in law)has not received any summon from the court until now, but through a friend who is also an advocate said that the court has said my FIL to appear on 3rd december. He should go or not ? Pls advice sir.
Thanks
G.S.RAVICHANDRAN
(Querist) 02 December 2014
Dear Sir
The village panchayat men have cancelled the mutual agreement made as there was contradictions. My brother has filed the case with the xerox of this document (He had taken xerox before they have cancelled).But he has told his lawyer that the original is with him.Shall i produce the cancelled documents in the court or shall I wait if the court will ask the panchayat men to summit it? Kindly reply sir
Thanks
G.S.RAVICHANDRAN
(Querist) 02 December 2014
Dear Sir
Can I register the above property to whom I have sold ? Pls reply me sir
Thanks
G.S.RAVICHANDRAN
(Querist) 03 December 2014
Dear Sudhir Kumar Sir
My brother has filed partition case for my self earned property registerd in my name and for the common property in my fathers name.
Thanks
T. Kalaiselvan, Advocate
(Expert) 03 December 2014
The xerox copy of he document of property is invalid, however since your brother's lawyer would have given an undertaking that the original will be filed at the time of trial, the court would have accepted the same and the same has been numbered. Now whether your brother's lawyer is knowing the fact that your POA is your FIL?, if so, then the summons may be served on him but you being the party to the property,it would be legal to serve summons only on you and not to your POA.
since there is no stay or injunction against the property, you may proceed with the proposed sale.
