LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pramod ranjan Tufan   05 January 2019

Right to posession

A gift deed was done and registered by a person A in favour of B. when close relative of A i.e C came to know then she filed suit against A and B. Lateron A also given written affirmation in court that B has forced him by giving medicine and taking signature unknowingly. Further in the same gift a small piece of land is also gifted. That small piece of land was purchased by wife of A. Wife of A has already executed will in favour of C. Wife of A expired in 2001. Still mutation has not done in favour of B. The hearing is going on.
My question is in the above explained case A has right or B has right of possession of land till court order.


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     06 January 2019

The case was already in court, some one might have claimed possession and paid court fee on the basis of the possession and there might have been prayers on such possession, and the nature of suit, dates of various incidents, defense counter etc., are to be studied.  It is not possible to give a clear cut gudance by any expert without looking into facts and claims as in documents, and your advocate is the only competent man to guide you on such stand.

Dr J C Vashista (Advocate)     07 January 2019

Whether A was the titleholder/ owner of property at the time of donating it to B ?

What is the locus standie of C qua property, except that she is wife of A ? During life time of A she (C) can not file alleged suit. 

Unbelievable algebrical question.

What is the opinion and advise of your lawyer engaged by C or A or B as they are , well aware about the facts and circumstance of the caseable, competent and intelligent enough to advise/guide you? However, if you have lost faith in your lawyer(s) change him/ her immediately.

Why do you need second opinion and obligation of experts on the basis of limited information, except the fact it is available FREE OF COST ?

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register