Internal Assessment II & III

Drafting (10)

Presentation (10)

A, one public servant on the eventful day in the year 2002 has not returned home from
office. B the wife of A with two sons AS1 & AS2 along with the daughter AD went
to local Police station to lodge the missing diary. A is having his three residential
homes of his own in the same municipal locality. The sons, daughter and wife of A
had been waiting every day for the return of A since the date of his missing and every
day they used to visit the local police station with the expectation of having some
information of A from the Police station but every day they used to get back without
any hope. Over the passage of time it becomes distressful for B to run the family
needs thus they decided to sell out one the residential homes. Z, one Promoter and
Developer on receiving such information met B with the proposal that Z would
demolish the old construction of one of the agreed residential home and construct one
6 storied apartments and would sell those apartments out. The total expenditure of the
construction would be borne by Z and the total income by selling such apartments
would be shared between Z and B would 3:1. B agreed on such term and asked Z to
prepare necessary papers in view of such Joint Venture Agreement.
Z while started to act upon such agreement concluded that as A is the owner of such
building hence any agreement, authorization or transaction to be entered into between
Z & B or with the sons and daughter would be inoperative, not binding upon rather it
would void in the eye of law.
Z then suggested B to produce the Letter of Administration for the purpose of such
Joint Venture Agreement.
B wants to avail of such lucrative option for the sheer sustenance of her sons and
daughter and thus having no alternative approached to you for legal advice to resolve
the legal issues.

In view of such facts and circumstances you being an Advocate

a. State your legal advice to B for the steps to be taken by B in order to resolve such
disputes.
b. Prepare the appropriate Pleading/Pleadings to be filed before the court with the
appropriate prayer. (10)

FOR THE ADMISSION OF SUCH PLEADING BEFORE THE

APPROPRIATE COURT PREPARE YOUR ORAL SUBMISSION WITH
RELEVANT LEGAL PROVISIONS
(10)

1. Missing for past 20 years (Considering 2022) – 108 Evidence Act- The
court shall declare A to be dead.
2. Letter of Administration to be granted u/s 234 of indian succession act for
enabling the Joint Venture Agreement between the promoter Z and the
widow B.
 3. The court may grant the above stated relief for fulfilling the basic needs
stated under Art. 21 and so as to enable the basic sustenance of the legal
heirs and the widow.

1. AS1, AS2 and AD1 are major since the husband is missing for past 20
years (Considering 2022 as the year of filing of civil suit).
2. The property is transferred to B only as she is managing the household
which Over the passage of time becomes distressful for B to run the
family needs thus they decided to sell out one the residential homes.
Therefore, from this statement, it can be inferred that the legal heirs have
unanimously agreed to transfer all the property (i.e, 3 residential homes)
of A to B and sell one of them.
3. Mention of Notice to public officer u/s Sec 80 of CPC is not available
under facts. So we can assume that even after notice being issued to the
officer/ Municipal corporation, he has not issued a death certificate. And
without the same (death certificate, we cannot file for application of letter
of administration

Mandatory Injunction is required to prevent breach of an obligation and put

stay on the rights of the deceased A.

, categories of persons are exempted from payment of court fees, which clearly states that women
are exempted from the payment of court fees

State your legal advice to B for the steps to be taken by B in order to resolve such
disputes.
According to the given situation given as B’s legal advisor it is suggested that a notice
should be sent to the Municipal corporation of Bhubaneswar u/s 80 of the CPC prior
to the filing of this suit.
Secondly a copy of FIR registered in the local police station along with other
documents showing the status of information derived of missing person for the last 20
years should be attached.
Writtens.