Legal help for judgement already delivered for a partition suit
Dear sir/ madam,
i have already recieved a judgement copy in my mothers partition suit. in that case we are defendants. now plaintiff has gone for appeal.
judgement was delivered on 31/03/2015 and now appeal was given on 29/06/2015.
1) minimum time period for appeal from munsiff court to next higher court?
2) i have judgement copy with me , i want to share and take a proper legal opinion.
Asked 3 years ago in Civil Law from Kannur, Kerala
The appeal time is 60 days from received the judgment copy. If the time has lapse then an application for condonation of delay has to be filed by appellant under section 5 of limitation act.
You may contact me over the phone or mail after pay the consultation fee which is very nominal
Advocate, New Delhi
1) when was judgement received by Plaintiff ?
2) time taken in obtaining copy is excluded . even if there is a delay ion interest of justice it would be condoned
3) YOU can contact any lawyer on this site and on payment of his charges obtain legal opinion
As per the information provided by you, the appeal is within the time period. All the parties to a suit can get a certified copy from the court specially when they want to pursue the matter for appeal.
Minimum period will 30 days without delay.
If you would like to have a legal opinion to the judgement you can consult any lawyer in this portal by clicking against their names for consultations or can write to their email ids with the details and willing to pay the fee for consultations taken outside as per their terms.
1. It is 90 days.
2. The appeal has been filed against you. Now wait till you receive the notice from the court. Once you receive the notice then open your defence through your lawyer.
Appeal period is 30 days but if there is any sufficient cause the court can condone the delay u/sec.5 of the Limitation Act. You can file an objection in Appeal case if you would like to contest.
The period of filing up appeals against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order appealed against.
IS it from Preliminary decree or final decree you should prefer appeal ?
Gift Deed can be cancelled here?
here is the details:
David(Grandfather) has two childrens A) Annamma joseph B) George
George got married and he has SIX childrens --- 5 girls and One boy
David writes a Gift deed in the favour George in 16/01/1963
George died 29/08/1986
George wife died 25/02/1993
David Cancels the Gift deed of 1963 on 14/05/1993 and writes a will deed in the name of Georges son
David died 10/10/2001
There is house situated in that property, Till date land tax and building tax is paid in the name of George.
My Question is Can David cancel Gift deed of 1963 after the death of George and his wife ?
Already Partition Suit Judgement came with equal shares for six childrens?
George son went for appeal saying Gift deed was a void document and no legal sanctity? so how to defend that?
Asked 3 years ago
1) once gift deed has been executed by grand father in favour of son George in 1963 then son George becomes absolute owner of the property
2) on death of son George property would pass on to George legal heirs
3) grand father cannot cancel the gift deed on demise of the son George
4) all 6 children of George would have equal share in the property
5) George son cannot claim absolute ownership on basis of the said will as grand father was no longer owner of the property
1. After the demise of George and his wife the gift deed could not have been cancelled by David.
2. Contest the appeal of George's son.
The circumstances under which the gift deed was cancelled is to be seen. If the gift deed was unregistered, then it can be cancelled at his own wish by the donor because it has no legal impact but if it was a registered gift deed without any condition imposed in it and the said deed was already acted upon by the donee by taking possession of the property and got the records transferred on his name then the cancellation of the said gift deed is invalid and illegal, not binding on the heirs of the title holder subsequent to his intestate death.
Therefore if held that the cancellation of gift deed is invalid and the intestate property held by the donee till his death which was acquired by him through the said gift deed will be shared equally into equal shares among all his legal heirs, it is a valid and perfect judgement as per law.
The above said facts will be the grounds for defending the appeal suit.
1. Appeal can be filed even after limitation period with an appliccation for condonation of delay,
2. Now defend yourself fittingly in the said Appeal,
3. Engage a lawyer having expertise in practicing before Appellatte Court.
1. If the said Gift Deed was legally made and was registered then it can not be cancelled,
2. Only conditional Gift Deed can be cancelled on the ground of non fulfilmrent of the conditiion,
3. You are certain to win the case if the Gift mentioned in the Gift Deed executed in presence of two witnesses was accepted by Grorge and it was registered.