Recent Forum Messages ( Last 7 days )


New Topic

Query on student/education loan

Posted by : Prem Dhawan   18 December 2017

My query is to understand student loan before approaching an institution.
Student loan is needed for the education of my nephew.

  • Is it always necessary to mortgage a property for student loan? Could you clarify with the help of some concrete examples?

If mortgage is necessary, I will have to mortgage my property because student's parents don't have any property to mortgage.

That's why some more questions as below.

  • Will the loan be given to the student directly with him as first applicant (I am not sure if there is something like first applicant, second applicant etc. or not)?
  • Will my name be added in the loan application or in a separate application? If not, how will I and/or my property be linked with the loan? Will I have to submit original papers of the property to the bank with some signed agreements? What will be the link between this agreement, if any, and the student loan?

Because it will be difficult to know at the time of application what the amount of first salary will be, how soon the student will/can be able to pay back the loan, etc. that's why few questions as below.

  • From when will the loan repayments start, for example after the completion of studies, after the start of first job, etc.?
  • When will the monthly installment amount be decided, for example already at the time of application, after the completion of studies, after the start of first job, etc.?
  • When will the tenure for paying back the loan be decided, for example already at the time of application, after the completion of studies, after the start of first job, etc.?
  • Can the start of installment payments be delayed (by agreement already at the time of application, or later), for example if the student wants to pursure some further studies after the completion of the studies for which loan was taken?

I would also like to understand the risk for me because my property will be mortgaged.

  • Can the student escape easily from paying back the loan by simply saying No (refusing) to the bank for paying back the loan even if he has a job?
  • Will the bank have to try every possibility to recover the money from him or his parents before using my property to recover the loan? What are those possibilities?
  • Is the bank obliged to try all possible options including legal route (court cases) against the student and/or his parents before using my property to recover the loan?
  • Will the bank need court's permission before using my property to recover the loan?
  • What can be my point of defence taking into account that I may not have easy and direct access to records related to student's job or salary to prove that he is in a position to pay back the loan but he is not paying? Or I won't be able to keep my property if student simply doesn't pay back the loan?

Thank you.


Replied in :

Grant of arms license npb bore

Posted by : Democratic Indian   17 December 2017

If you are 21 years of age or more, you may not wait and may apply for license now itself. There is no legal requirement to wait till you become advocate. There are plenty of judgments, but since you are about to become advocate, more than judgments, it is important to have detailed understanding of Arms Act 1959. You may visit this link https://indiansforguns.com/viewtopic.php?f=4&t=20173&p=252083#p252083 Go to the post by one goodboy_mentor replying to query of one Ankushtyagi92. You will find he has given five links numbered 1, 2, 3, 4, 5. Just read them very very carefully, you will find all the technical masala, including judgments of High Courts as well as Supreme Court related to these type of matters.

 

If you have further questions or doubts, you may ask.


Replied in :

Wife abuse husband mymother and mentally retarded brother

Posted by : Mohamed khan   17 December 2017

Brother pls explain what's amicable and mcd ,.pls explain , shall I interact lawyer , pls advice . This very new for me

Replied in :

Cross examination of complainant in dv case

Posted by : Rishi kumar   17 December 2017

Yes Kumar  The Fighter,

thank you and I need all your wishes. My mother is going to cross her.


New Topic

I have been acquitted in the 397 case but it has written that in the benefit of doubt. In this, I am having trouble getting government jobs.Would it be appealed in the High Court to convert it to clean acquittal?

Posted by : Sumeet   17 December 2017

I have been acquitted in the 397 case but it has written that in the benefit of doubt. In this, I am having trouble getting government jobs.Would it be appealed in the High Court to convert it to clean acquittal?

Replied in :

Cross examination of complainant in dv case

Posted by : Kumar-the fighter   17 December 2017

You can cross her as PIP. 

All the best for you.


New Topic

Discharge in 498a as per 239crpc

Posted by : Zameer   17 December 2017

Hi, I am facing 498a charges. Chargesheet has not filed even after year. I am expecting chargesheet in sometime. Can we file crpc 239 discharge application. What is best time to file. I have all evidence of my complete innocence. Let me know if discharge application filing process. How JMFC looks at this?

Replied in :

Suit to recover electricity bill from tenant

Posted by : Shanmugam .C   17 December 2017

Sir,

 You inform the fact to the house owner and deduct the EB amount from the rent payvale to Owner as it is  responsibibilty of the  house owner to give the house with payinng all dues preior to occuaption..


New Topic

Video recorded file as a proof

Posted by : smithmicro   17 December 2017

What is the legal requirement to show video recording from a mobile phone as a proof/evidence in court  ? Such that noticed posted on door of a property can be shown as a evidence to show my possession.


Replied in :

Cross examination of complainant in dv case

Posted by : Rishi kumar   17 December 2017

Sachin thank you, 

i have been preparing for this cross right from the early days in court as I slowly got to know the ways. I have written down all the questions for cross long ago. And writing and practising. Only thing I wanted to give it to the lawyer. Today she said give me a copy of the questions you have prepared and did not give a chance to meet meet her.

  I have understood that the main purpose of cross is to find out who is the biggest liar. In my case I have not lied and  because of that I need not change my stand each time. One thing I am sure my mother can do a better job than the lawyer. I have been going thro all these posts since last  one and half years and I have listened to a few crosses in DV case. So going ahead with the cross and I am sure I have the best wishes from all of you.


Replied in :

Challenge sale certificate issued by bank

Posted by : Krishna   17 December 2017

Bank has 1st right on the property. Even people has given loan and property was mortgaged by registering before the bank loan.. Court may ask what are you doing for last 2 years without registering the property and when bank was a party for the property. you should have settled the property by paying dues to bank and remaining amount to seller and registering in your name.If everybody does agreement and blocks e auctions, NPAs will pile up. Very DIM chances.If you have given any advance to seller recover that money. Seller cheated you if you really ignorant of morgage and e auction.


Replied in :

Cross examination of complainant in dv case

Posted by : Sachin   17 December 2017

Originally posted by : Rishi kumar
Kindly Guide , Experts,

tomorrow is the complainants cross in my DV case. My lawyer is playing truant. She gave me so many appoints but did not honour them saying she is busy or someone is sick. She has not bothered to get the details of the case or the facts to counter the allegations from me.  Today she had asked me to come in the evening but now she is saying tomorrow she will meet me in  the court. she is asking me to get a Passover and by then she will come she says. I am sure she will not come early . If she comes late and the case is called, I am sure she will make a it mess of it. I am sure  my mother, one of the respondents can confidently cross her as she can confidently refute each one of the complaints allegations as she knows the facts. The lawyer is not bothered to discuss as also she is not allowing us to cross. She says we have given affidavit so we can't cross, she says. I don't want to lose this case miserably as the lawyer has no interest whatsoever. In fact I have been drafting all the objections and affidavits then the lawyer would sign. 

What should I do in such a situation? As a family we have doted on  wife and for allegations sake , she has framed silly charges which can be demolished. I have adjusted with the lawyers excuses for so long but I don't want to lose the case simply because of the lawyers carelessness. I don't mind appointing another lawyer just for guidance but would prefer to argue my cases myself. 

So tomorrow I am asking my lawyer not to appear for me and will inform her that I am arguing as party in person. Will the judge allow me to do so in the middle of the case? Should I give any reasons , say my lawyer is busy could not make it , or that  I am PIP from now onwards. So tomorrow should I give any applications or petitions?  It is a repeat question and I need all the possible answers so that I will be able to take a decision by tomorrow morning. Thanks

 

You  can cross as PIP but i don't think you will be able to prepare for cross in such a short period, better take the other date on the ground of appointing a new lawyer. And then prepare for PIP or engage a new lawyer 


Replied in :

Family tree versus succession certificate

Posted by : Kumar Doab   17 December 2017

In case the Bank/banker is considerate it may agree otherwise upon checking the death certificate and date on FDR ( which arouses suspicion) it may send for legal opinion. 

 

Therefore right now you may attach legal heir adffidavit/certificate and check if bank agrees to pay  on strength of above mentioned docs.............

If it does it is quick and easy.

Rest you may settle with other legal heirs as deemed fit and possible.

 

 


Replied in :

Family tree versus succession certificate

Posted by : Kumar Doab   17 December 2017

“In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person.  In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.”

 

The funds may be above threshold limit.

The Bank/banker senior officials may agree to accept Legal Heir certificate/affidavit per procedure alongwith claim form and annexures i.e. death certificate, disclaimer, indemnity,sureties....and still pay...


Replied in :

Family tree versus succession certificate

Posted by : Kumar Doab   17 December 2017

You may familiarize yourself with guidelines of regulator RBI in case of ‘Deceased Depositor A/c ‘ and internal rules of Bank on the lines of guidelines by regulator………..

 

These are available on website of Bank,RBI

RBI; Master Circular on Customer Service in Banks

20.Settlement of claims in respect of deceased depositors – Simplification of procedure

20.2 Accounts without the survivor / nominee clause

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008#202

 


Replied in :

Family tree versus succession certificate

Posted by : Kumar Doab   17 December 2017

You had the option of not opening FDR in the name of deceased and without nomination if it was not suitable, and also to inform the bank of deficiencies or oversight if any.

That was not done since 2015.

Your logics may not cut ice with bank.


New Topic

Cross examination of complainant in dv case

Posted by : Rishi kumar   17 December 2017

Kindly Guide , Experts,

tomorrow is the complainants cross in my DV case. My lawyer is playing truant. She gave me so many appoints but did not honour them saying she is busy or someone is sick. She has not bothered to get the details of the case or the facts to counter the allegations from me.  Today she had asked me to come in the evening but now she is saying tomorrow she will meet me in  the court. she is asking me to get a Passover and by then she will come she says. I am sure she will not come early . If she comes late and the case is called, I am sure she will make a it mess of it. I am sure  my mother, one of the respondents can confidently cross her as she can confidently refute each one of the complaints allegations as she knows the facts. The lawyer is not bothered to discuss as also she is not allowing us to cross. She says we have given affidavit so we can't cross, she says. I don't want to lose this case miserably as the lawyer has no interest whatsoever. In fact I have been drafting all the objections and affidavits then the lawyer would sign. 

What should I do in such a situation? As a family we have doted on  wife and for allegations sake , she has framed silly charges which can be demolished. I have adjusted with the lawyers excuses for so long but I don't want to lose the case simply because of the lawyers carelessness. I don't mind appointing another lawyer just for guidance but would prefer to argue my cases myself. 

So tomorrow I am asking my lawyer not to appear for me and will inform her that I am arguing as party in person. Will the judge allow me to do so in the middle of the case? Should I give any reasons , say my lawyer is busy could not make it , or that  I am PIP from now onwards. So tomorrow should I give any applications or petitions?  It is a repeat question and I need all the possible answers so that I will be able to take a decision by tomorrow morning. Thanks


Replied in :

Marriage in south India

Posted by : Kumar Doab   17 December 2017

Mere being in South India does not neccessarily mean that anyone can cite customs.

It is the customs of the community to which you belong.

And the customs that are proven and have sanction of law...

 


Replied in :

Regarding power of sdm

Posted by : Jitender Singh Chauhan   17 December 2017

Sir but my elder brother who was expelled by my parents... Started putting false allegations on me and my middle brother... Can we demand for deception detecting test mean lie detecting test.... 


Replied in :

Can legal action against vendor for cheating should be initieted in criminal and civil simulteneously

Posted by : Sidharth Srivastav, Advocate,   17 December 2017

Yes, you can proceed on both fronts. 



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