un registered document is in admissible in evidence . if you are dis satisfied with your lawyer you can change your lawyer . on death of mother in law legal heirs have to be brought on record by the petitioner . it is only when legal heirs are brought on record can you file your reply for vacating stay . judicial process takes time
Ancestral property
my father in law (demised) registered property by partition deed is taken by his brother thr. unregistered panchayat document. EC is in the name of my father in law. but patta is changed. RDO enquired and gave order nullifying unregistered document. but interim stay obtained at madurai high court against RDO and my mother in law. my mother in law also passed away. 4 daughters are there. they have to represent in the court. our lawyer is delaying saying judge is busy. even counter form our side and RDO side through govt pleader is not filed. they are telling memo is issued to opposit party mentioning 4 daughters representation in the case . for tht opposit party has to agree and waiting for the same. is it correct. whether unregistered document is legal. how to proceed this case. shall i change the lawyer. is there any time limit for counter filing, interim stay vacation etc. pl guide me.
Asked 10 years ago in Property Law
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12 Answers
sir petitioner means our opposit party here since they only obtained stay. we have given death certificate of my mohter in law with legal heirs certificate to include their name in the case to our lawyer. what he has to do with it. the worry is land is in the possession of opposit party as until 3 yr back they were joint family with us. properties are managed commonly. but they cheated my mother in law by showing unregistered partition document in 1988. by 1991 my father in law passed away. the registered document was in 1964 which gives legal right to my father in laws family
Asked 10 years ago
OP has to bring legal heirs on record by taking out chamber summons . your lawyer will forward information to OP lawyer who is the petitioner in case . since your lawyer is fully aware of facts of the case he would be in position after going through the case papers to advice you better .
our lawyer says he has forwarded to opposit party lawyer reg representation of legal heirs. but opposit party is delaying. is there any time limit. if they delay indefinitely what shall we do. thank you very much for your answers.
Asked 10 years ago
when case appears on board for hearing draw attention of court to dilatory tactics adopted by Petitioner . it has to be done within 90 days but delay in bringing legal heirs on record can be condoned .
What is the document which you have referred to as ''panchayat document'? What was the need for making a panchayat document when a partition deed was already made and also got registered in accordance with the law. Any panchayat document cannot nullify the partition deed. The rights of the parties channelise from the partition deed and not the panchayat document. Unless we peruse the document referred to by you as 'panchayat document' and also the order nullifying it, we are not in a position to say anything.
As regards changing the lawyer you have the right to change your lawyer at any time if his agreed fees has been paid in full by you. However, changing the lawyer is an extreme step which should be taken only in the event of the lawyer conducting himself in a manner which would give a person of ordinary prudence a reason to doubt his integrity, or if the lawyer is otherwise casual in handling the case. Delay is a part and parcel of the legal process as the Indian courts are overloaded with cases. Changing the lawyer may backfire in more ways than you can imagine if the decision to change him is not based on an intelligible differentia between the delay occasioned due to the incompetence of the lawyer and the delay which is systematic in nature. lawyers do not have a magic wand to expedite the case.
If the other party is not accepting the representation then your lawyer may at the next hearing bring this fact to the notice of the court so that the needful can be done.
Ajay and Ashish sir thank you very much for both your comments. Regarding panchayat document, It is again a partition document signed by brothers , sister and their father counter signed by village elders which is not a registered one. whereas original partition deed was signed by all family members in 1964 and registered the same. opposit party says panchayat document supercedes original partition deed. it is correct as per law. RDO nullified panchayat partition deed. for RDo order interim stay obtained in madurai high court by oppsit party for which we are fighting. reg lawyer, i will keep in mind your points. we are not changing him now.
Asked 10 years ago
was document duly stamped? if it is not stamped and registered in admissible in evidence . it is necessary to go through said panchayat document . whether it is a mere memorandum recording the partition or it further distributes various properties .
it is stamped with court fee one rs stamp. not registered. it is again partition document among father, two sons and sister. here elder son gets maximum properties from younger son( my father in law) and his sister. this is fully contradicts 1964 registered partition deed.
Asked 10 years ago
in my view it would be in admissible in evidence . it is under stamped and not registered .
sir please tell me whether unregistered partition deed stamped with one rs can replace registered partition deed. the registered one is not cancelled. is there any legality for unregistered partition deed stamped with one rs stamp
Asked 10 years ago
i have already told you such document is in admissible in evidence . it amounts to partition of various properties . hence needs to be stamped and regd . if such a document is produced it would be impounded for payment of proper stamp duty .
but the person signed in the document ie my fthaer in law and grandpa is no more. sister who is living could not remember such a document. only our opposit party(elder brother) is telling such a partition is made what can be the verdict. who will sign for deceased for registration
Asked 10 years ago
we cannot say what the verdict would be . court after considering documents on record and after hearing both the parties will pass a reasoned order .
Since the document has not been properly stamped it would be improper to say without perusing it as to whether the document can be relied on by the court. The court can still rely on the document which you have referred to as a 'panchayat' document' notwithstanding the fact that it is under stamped if the document does not comprehensively declare the rights. As such, perusal of the document is necessary. Since your lawyer has seen the document he alone can tell you how it will pan out in the court.
You have stated that the panchayat document is a 'partition deed'. How do you know it is one? Has the word 'partition deed' been mentioned on the top? Simply because a document divides the rights in the property it does not attain the nature of a 'partition deed'. If it is a partition deed then it is invalid if not properly stamped.
It will be sheer puerility for us to tell you beforehand what the verdict could be. Even the judge hearing your case might not have formed an opinion yet in spite of the fact that he has the privilege of having all the documents in front of him.