Sir if there is deed on record she cannot claim now further the deed was made in 1968 from.then the property is in your possession so the suit is also barred.

Based on these facts even bribe cannot help them to get favourbale judgement.

Hi,

However the number has been given by coutt, you may dispute that case by filing application for dismissal citing very reasons including limitations.

Firslty, as per the information mentioned in the present query, makes it clear that the limitation period either for relinquishment deed or for partition deed has alr day been stand elapsed.

Secondly, there may be a provision to condone the delay if some days or months or even for two or three years, but in your case, it has gone far beyond it.

Thirdly, if they challenge it then let them, but surely they won’t be getting any thing out of it.

Fourthly, even if someone is capable to bribe the lower judiciary then it doesn’t mean that he or she would do it till the Apex court also I.e., Supreme Court if India. So, please relax.

Good Luck...!

This is my response to you:

1. You must file a suit in the civil court;

2. You must then produce the relinquishment deed on record;

3. You must also file an application for stay and injunction;

4. Your limitation period can be waived off if you, give genuine and honest reasons for filing the petition so late including medical emergency or lack of papers or threat from your aunt;

5. Consult a local lawyer and take legal steps.

Once deed of relinquishment has been executed duly stamped and registered Aunty has no share in property

2) 50 years after execution of relinquishment deed she cannot claim share in property

3) court would not direct you to deposit rentals in court

Court would not set aside partition deed executed more than 45 years back

File an application under order 7 rule 11(d) to reject the plain as barred by law. Since once registered partition deed is done there is no right on her to seek for partition or claim the property once she has relinquish her right. Court will give number to every petition and on first hearing you need to raise claim that suit is barred by law by filing appropriate application as mentioned above

No once the child is given in adoption and adoption is complete.adopted child has no right in biological parents property.

After child has been given in adoption to adoptive parents adopted child has no share in biological parents property

if there is a registered relinquishment deed signed by the aunt then how can she claim after having released her right?

the facts narrated by you are not clear, so i am not able to comment

you need to understand one thing - if the aunt had released her share in some property which was owned by another person during the lifetime of that person then such a release deed will not bind her - this is known as principle of 'presumptive heir'

however if the release deed was made for a property owned by another after the owner died and she had taken consideration for the release then she cannot make any claim - this is known as doctrine of estoppel

Hi,

The adopted child has same right as biological child. The adoption must be legal.

The property rights of an adopted son/daughter are limited only to inherit the property of his/her adoptive parents. But, at the same time, if the natural parents want to give their property to their natural child, they may do it by way of gift or will.

adopted child has no right in property of biological parents.

According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property

Your aunt case is very weak as no cause of action remains after period of more than four decades. Moreover, her not filing complaint during that period would go in your favour and the suit would be dismissed due to waiver of right.

Suit is also Barred by period of limitation and hence is not maintainable. All they can do is to buy time during the case but after order of the court, nothing would remain in the case as the period of delay is huge.

Legally adopted child would not have no right in the biological parents property.

Once she had relinquished her rights in the property by a registered deed, if she has not filed any suit for cancellation of the same within three years of its execution, then there are very less chances for success.

About bribing the judiciary is an illegal question for which no anser can be given

if partition registered deed has crossed more than 45 years ,is there any chance to dispute it again?our courts are giving numbers to the cases which have crossed limitation period and also though they have given relinquishment registered deed ?how far is it justified.

Without giving even minimum background of the case you are asking the question in a blunt manner.

If a legitimate shareholder to the property has been left out in the partition deed registered earlier, he can very well file a partition suit even now, there is no limitation for that.

DOES AN ADOPTED CHILD HAS RIGHT IN BIOLOGICAL PARENTS PROPERTY?

The adopted child automatically relinquishes all its rights with the biological parents.

It has rights with the adoptive parents alone.

The property rights of an adopted son/daughter are limited only to inherit the property of his/her adoptive parents.

No a deed can not be disputed after 45 years, the same is barred by limitation

Regards

1) application for rejection of plaint under order 7 Rule 11 has to be filed in trial court

2) you cannot file it directly in HC

3) you can file application in person

4) there is no ready made format depends upon facts of each case

5) better engage a local lawyer in this regard

Sir the order 7 rule 11 application cannot be directly submitted to high court it has to be filed in lower court if you fear that your lower court advocate won't work properly change same

The petition proposed to file is for seeking an order by court to reject the plaint.

Your advocate should file it in the court where the suit is pending trial.

You need to file the application in the court where the case is filed. You cannot approach high court directly unless your application is rejected. Either advocate or party can present the application before court its advisable to move application through your lawyer in court.

No, the same has to be filed in the lower court only.

If you knwo the procedure then you may appear in person and file the application.

Regards

1) There is no court order restraining sale of property

2) You are at liberty to sell the property

3) Execute indemnity bond to indemnity purchaser in case of any claims made fir the property

4) once relinquishment deed is executed duly stamped and registered aunt has no share in property

No it is not proper they cannot give such advertisement before.the order of the court if injunction is denied then in that case you can claim damages but since the property in question is in dispute there are less chances to succeed with damages suit.

Further issue them a legal notice to withdraw the newspaper add and tender an apology.

You can file order 7 rule 7 application and contest same as there is no cause of action as relinquishment deed is already at place

Actually it is a warning to the general public to not to deal with the property which is under litigation, hence there is legal infirmity in it.

This is part of litigation.

You cannot take any action against the advocate who does this on behalf of his client and not on any personal interest.

If they file petition under order VII rule 11, you may file counter to it denying ll the averments and seek to dismiss the same as per law.

If you have lost the original registered deed you can apply for a certified copy in the sub-registrar office where the deed was registered.

The certified copies would also be treated as original copies of the registered deed.

if you have lost original documents apply for certified copy from sub registrar office

2) also issue public notice about loss of original regd deed and lodge FIR about loss

3) certified copy would be taken on record by court

Certified copy of the registered document is considered as reliable document in lieu of production of original document provided sufficient reason given for not producing the original document to convince the court of this act.

If you plan to file a petition seeking to reject the plaint, there is nothing stopping you from doing it, you can proceed as per your plans.

But there is no legal infirmity in they giving a public notice about pending litigation on the property.

No, you can file a copy in the court, that shall not make much difference

No you can file certified copy with the affidavit and copy of FIR for loosing your deed.

Court would consider fact that mother is 80 years old and has memory issues

You woukd not loss the case merely because of small mistakes made in cross

Sir if the right exist and there are documentary proof of same even there is mistake in the cross she will succeed in her case.

Even if she is not aware of the properties owing to her old age, she has full right qua the properties and Her statements given during the cross examination would not affect her rights in any mannner whatsoever.

Yes an admission to the contrary can make her case week.

However, if the law is in her favor then you do not need to worry much.

Regards

Her memory loss and old age would be advantage to you even if she has committed mistakes while deposing evidence in the cross examination.

This can be managed in the arguments to be made finally.

Dear Sir

It is not maintenance. Order 7 Rule 11 C P C may be invoked by engaging a senior advocate.

If relinquishment deed is executed duly stamped and registered in 1968 , said relinquisher has no share in property

2) court must have directed to deposit rentals in your account as it must not be convinced about case filed by opponent

3) had court been convinced it would have directed deposit of rentals in court

Sir the court may pass an order to deposit the rent to save the interest of both parties even if rent is deposited in the court account when you succeed the case you will receive.the same. Further the main question in suit shall be decided later for primary steps court may pass such orders.

If the same is done then challenge the said order before the HC

You can file petition for rejection of plaint  under order 7 rule 11 

You cannot claim property given by biological parents after giving child in adoption to your brother 

See since the deed is registered there is proof of the adoption further he cannot inherit from biological parents though they can gift.

Order 7 rule 10 and 11 application can be filed to reject the plaint any stage if they disputing same.

Your advocate has to present your case in a convincing manner before the court on the basis of the documentary evidences in your support.

Has the court passed an order in the said IA?

If not then await the orders and if yes, if you are aggrieved by the orders, you may prefer a revision agaisnt the order before the high court.

If you have strong reasons to get the suit dismissed, you may file the said petition seeking to reject the plaint, but if you are serious about it then you may have to produce proper documentary evidences which you may rely upon in order to get a fruitful result.

It depends on the situation and status.

If it was intestate property then you can stake your claim legally on the basis of legal heirs or successors in interest

You can not claim the property 

Yes you can file order 7 rule 11.

If giving and taking ceremony performed adoption is valid 

2) deed of adoption would be valid 

3) once deed of relinquishment is executed duly stamped and registered she has no share in property 

It is necessary to peruse various documents cited by you to advice 

Unfortunately mother cannot adopt the child, it is father who adopts the child and mother remains adoptive mother to the adopted child, she has no option to reject the adoption once it is done properly involving the respective law.

Therefore the adoption is valid.

She cannot claim any property as a right if she is a third person to the properties.

If the relinquishment deed was by a registered document then it is legally valid.

Under the Hindu law,  only Hindus may adopt subject to their fulfillment of certain criteria. ... However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

Therefore she cannot dispute about the adoption.

Any contract done by minor is void

See if she was not of the legal age while taking adoption this adoption is not valid as she was not in capacity to adopt.

See once rights are relinquished there is no right.

See it is not valid adoption if she was minor at that point of time.

Share such adoption documents for a more concrete advise 

Yes if marriage was not invalidated by court she has share and if it was relinquished through registered deed then the relinquishment is legal.

According to Section 3 of the Indian Majority Act, 1875, a person domiciled in India who is under the age of eighteen years, is a minor

deed of relinquishment would be valid and binding upon daughter 

Whether minor or major by age, if her marriage is recognised and she becomes widow then she is entitled to her legitimate share s a legal heir or successor in interest to her deceased husband's property if he is reported to have died intestate.

The relinquishment deed relinquishing her rights, if it was by a registered deed, then it is legally valid.

Yes such relinquishment will be treated as valid. 

Yes she will get the share 

Court fee varies from

state to state 

2) advocate should have seen to it that document is marked in evidence 

See court fee is according to state act so the local advocate shall guide you according to the value of the property.

Further any registered document which part of judgement but not on record can be filed with the high court by bringing into notice of the court same document was referred in judgement.

If it's mentioned in the judgement then you can rely on the same in appeal in HC.

You should file complaint against your lawyer before bar council for failing to submit original documents handed over by suit in court 

in your appeal before HC rely upon compliant filed against lawyer 

You can restore your O7 R 11 application seeking above reasons. The court will take cognisance

1. See in case your advocate has intentionally and unknowingly not filed the deed you may file complaint against the lawyer with bar council and you may bring the relinquished on record at later stage citing this error or intentionally done act of your lawyer.

You may file a complaint with the concerned bar council for misconduct. However, you need to prove that he has cheated you. Lawyer is not expected to do that but if the concerned lawyer has, then he should definitely be reported. 

Dear Sir/Madam,

The application under order 7 rule 11 is filed in the court where the suit is pending and not in the high court. It is related to the facts of the case and such a format is not possible to attached or sent here. Also, once you have engaged some advocate in the court and represented by him, you may file the application through him. It is suggested that even if you have lost the original document, you may submit copy of the same and you may obtain the certified copy of the same from the concerned registrar's office by submitting application and fees as per rule, As regards to adopted son, he is no more part of the biological family and he has rights in the adopted family. After relinquishment no right is left in those properties, Also, submit the application to the court for taking the document on the record. 

If a document was not marked as exhibit during trial proceedings of the case,  then it cannot be marked during appeal hearing.

However if the appellate court remands the case to the trial court then you can file a petition to mark the said document as exhibit from your side for proper adjudication. 

You are suffering due to the fault of your advocate. 

Have you changed the advocate or not.

But you say that there was a mention about the said document in the written statement,  hence you can proceed with the appeal based on the contents of the statement made in the trial court. 

Just submitting the document before the trial court will not make it as an exhibit of documentary evidence from your side until you step into the witness box and get it marked  as an exhibit. 

Yes she can.

No, once the relevant documents have been submitted, based on which, the order is pronounced in your favor.  If you proofs that your Advocate is colluded with other party and misplaced the original document, you can lodge compliant against him before Bar Counsel of your state and also initiate criminal proceedings against him.

Further, there will not be  any adverse effect on your case in higher court.  Better file caveat in High Court immediately. 

No. You may state the reasons why the deed was submitted very late. You bonafides cannot be questioned if you were not at fault.

She cannot claim a share if she had signed a relinquishment deed.

The case amcannot be opened.

An adopted child cannot claim anything on his biological parent's property.

You may file the certified copy of the deed along with condonation application.

File appeal against said order as HC has failed to consider registered relinquishment deed 

If the relinquishment deed was not marked as an exhibit or if it was not argued upon during trial proceedings,  it would considered as a fresh document before the appellate court.  

Even if you have filed the said document afresh in the appeal,  since it was not produced before the trial court,  the appellate court would not entertain the fresh documents. 

Therefore you may not get any relief even if you plan to file a review against the decision passed in the appeal. 

What were you doing for 29 years ?

you can issue legal notice to seller legal heirs  to execute registered sale deed 

if they refuses file suit to direct them to execute sale deed 

You can challenge the judgement in supreme Court in the above case

Under law, there is no bar to file suit for Specific Performance of a contract based on unregistered document. Section 49 of the Registration Act, 1908 enables a party to use the unregistered agreement for the purpose of specific performance of the contract.

You may file a suit under specific relief act:

A review petition has to be filed by you and it will be heard by the same judge.

If you have sufficient proof then there may be a case.

CJI would not intervene 

you have to file appeal against order before division bench of HC 

In case you have been meted with injustice you may have to prefer appeal against the aggrieved judgment.

You cannot write to CJI on this.

You have to follow the procedures of law only.

For further steps to be taken for filing CRP you may have to discuss with your advocate for practical issues.

You can file writ petition. 

Your mother should be added as LR 

2) file appeal in SC 

Since as a CRP was filed before high court challenging the dismissal order in I.A  under order 7 rule 11 by the trial court, and yo9u were impleaded as a respondent in that CRP, it clearly indicates that the revision petitioner only approached high court for the relief and not the respondents. 

Therefore in the even to f death of the revision petitioner, if his  LRs want to continue the revision petition then they can implead themselves s  necessary parties to the petition and continue to conduct the revision petition through the advocate. 

The respondent do not have any rights to continue the revision petition since they have not approached court  seeking any relief nor they were aggrieved by the trial court order/judgment in this regard. 

Therefore you do not have any reason to prefer an appeal against it, moreover the CRP will not be disposed automatically on the death of the revision petitioner. You have to wait for the disposal of the CRP in order to decide about further course of legal action in this regard. 

Therefore first of all ascertain your position and also the relief you would like to have in this regard and then you may use your prudence that whether it would be worth enough to continue this litigation or whether it would be maintainable till the end or whether there would be any benefit to you in this regard by conducting the case till the end. 

You may discuss at length with your advocate aon all the probabilities before taking any further steps in this regard.

You have to add all the legal heirs not only you bit your mother and siblings too.

appeal will be maintainable