In continuation to my query, have few more things to clarify... In the permanent injunction suite filed by me:- In the last date of hearing I.e. 18th march 2023 (Defendant's evidence) was to take place but it cud not as mentioned the reason in my previous query.. hence now defendant evidence date is on 20.05.2023 and meanwhile another suite of recovery, court hearing date is 25.04.2023.. hence to prove his stand in the recovery suite he has avoided his evidence on 18.03.2023, so that his statements are not contradictory? This is my analysation. advise that his statements of the evidence can affect the recovery suite ? That is the reason he avoided his evidence? Also, according to my injunction suite, since it is dealer and owner issue and not a family property dispute, does it take more than 5 years and till date no solution..Pls clarify. Also, the recovery suite filed by the defendant is for recovery of money mesne profit and possession of property as he is claiming he is the owner. Also asking for a stay so that third party interest is not created. my question is since the final sale consideration is not done, can he claim the possession/ownership, by paying 20℅ of amount.? In the registrar appointment receipt taken online by the defendant he has mentioned second party as some XYZ , hence a third-party interest he has already created by himself. According to them they were willing to make the payment that is the reason seek an appointment, but unfortunately the owner expired. Here my question is if the bayana agreement is in the name of first party (my late husband) second party is the actual defendant who is fighting and filing the case, and .Money transaction has been done from his account , in that case how the sales deed /property transfer can be executed in the XYZ name I.e. (first party my late husband and second party XYZ) furthermore I have the documentary proof that the stamp duty was obtained in the name of XYZ second party . to be cont'd
and that too on less amount of sale consideration ...may be on 50% of sale value, Hence advise is this act legally valid..? Can the property be transferred this way..? Also till date the filing of replication has not been done by the party in RECOVERY SUITE.. and the date of final argument is on 25.04.2023..If defendant is not filing or not appearing on this date then what repercussion? And if I avoid this date and don't appear then what repercussions ..? Furthermore, the defendant's lawyer was only targeting my personal equation with.my husband and bringing matrimonial dispute verbally at the time of my evidence as well and even in the replication what he has submitted in lieu of the defendant's evidence (pending) is targeting me on personal level only and not saying anything about the property. Pls advise what stand to be taken on my part. Furthermore, they have not submitted any kind of evidentiary docs clarifying their stand reg the property. As informed by my lawyer (thru way of defendant's lawyer) they can challenge and appeal in the high court. Hence can you pls guide on this as well.
Suits take years to be disposed of
2) it depends upon pendency of cases in trial court
3) it is necessary to peruse all documents cited by you to advice
4) suit for specific performance can be filed by purchaser if sale deed is not executed by seller or his legal heirs
5) it cannot be executed in name of third party
You should appear on next date and co plate your arguments
2) if defendant does not appear court can pass orders after hearing your arguments
3) your personal equation with husband is immaterial
4) you should harp on the facts of case
5) rely upon judgments in support of arguments
6) appeal can be filed against judgment
It is not known what suit he has filed and what suit you have filed or being impleaded as party.
In any case the time taken for disposal of suits cannot be predicted owing to various factors involved in it.
If he has filed money recovery suit then he cannot claim possession or mesne profits, hence you are either not knowing what suit he has filed or probably misunderstood the terms.
If he was the buyer as per the agreement then he has to file a suit for specific performance of contract, but if it is barred b y limitation then he might have adopted a different strategy by filing a suit to suit his fancy idea in order to put pressure on you.
If you feel that your lawyer is not cooperating with you or trying to tilt sides or colluding with the defendant for any reason, you can abruptly change the lawyer and conduct the case through a new lawyer.
If the defendant is claiming that some xyz has paid the money towards this sale agreement, and if that xyz has not been impleaded as party to the suit then there is no case against your defendant
If you are the defendant in this case then nothing prevented the xyz to file the case instead of filing it through the third person.
In any case it appears that you are fully confused and confusing the expert/lawyers here with incorrect or incomplete information, hence unless the relevant papers are perused no proper opinion can be rendered, if any opinion is rendered then it may misguide you.
The alleged stamp duty receipt is to be seen that on whose name it was paid and to what amount and what was the purpose, this can be be verified only after the documents are perused.
It is also not known that why did a third person pay the stamp duty when he was not the person who entered into a sale agreement with the original owner.
If you don't appear before the court and don't file the written statement or replication then the court may proceed against you in yor absence in favor of the plaintiff.
If the other side lawyer is trying to attack you sentimentally in order to put pressure on you to bow down, you can make a complaint before judge on this in the open court and can ask the court to direct the lawyer to not to travel beyond the subject especially not to interfere in your personal affairs, even though it was a matrimonial dispute between you and your late husband.
If your lawyer is not handling the case properly or if you suspect his integrity then you can always change the lawyer and proceed with a new lawyer instead of blaming your lawyer for each and every petty issue.
You are prudent enough and you are very well familiar with the court procedures, then what prevents you to collect the information regarding your case directly from the court instead of depending on your advocate alone and blame him to misguide you.
You have all the rights to know the developments of your case and for that you may either liaise with your advocate or appear before court on each and every court date so that you don't have to suspect your advocate to play fraud or manipulate things against you.
You can challenge the appeal if filed against you on merits. There is no other way left. You can take the grounds which you took on lower court which are favourable to you
It will be best if you can share the documents and take advise. Since the court cases are pending it becomes relevant for us to peruse the documents and give our advise.
the reason told by you might be the reason for him not getting his evidence recorded. In case there is unnecessary delay in disposal of the suit, you can file a petition in the HC as well.
if a just and concrete advise is required then you may share the documents.
regards
Dear client,
Firstly, it is important to note that family law and criminal law procedures vary by jurisdiction, and it may be helpful to consult with a lawyer who is familiar with the laws and procedures in Tamil Nadu. It may also be helpful to gather any evidence or documentation that could support your case, such as receipts or records of communication.
In general, if the husband believes that his family has been falsely accused, he may want to consider seeking legal representation and pursuing any legal options available to him, such as filing for anticipatory bail or challenging the FIR through a quash or discharge petition. If the wife has filed an intervention petition for mediation, the husband may want to consider participating in the mediation process with the assistance of a lawyer.
Regarding the previous complaints that were filed by the husband, if they were closed without any action being taken, it may be more difficult to pursue them now. However, if the husband has evidence to support his claims, it may be worth consulting with a lawyer to determine if there are any legal avenues that can be pursued.
It is also worth noting that the fact that the husband and wife have been separated for 10 years may be relevant to the case, but the specific impact will depend on the laws and procedures in Tamil Nadu.
Again, it is important to consult with a lawyer who is familiar with the laws and procedures in Tamil Nadu to determine the best course of action for the specific circumstances.
