LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amolkishor Ram   25 April 2013 at 08:07

Refusal to change loan account no. 211113874 from deceased father’s name to any of legal heir’s name

DEAR SIR
MY FATHER LATE. SURENDRA RAM S HAD TAKEN A FIXED RATE HOUSING LOAN FOR ABOVE MENTIONED PROPERTY FROM YOUR INSTITUTION ON 27 AUGUST 2002 BEARING A LOAN ACCOUNT NO. 211113874 FOR THE AMOUNT OF RS. 275000/- (RUPEES TWO LAKH SEVENTY FIVE THOUSAND ONLY) AT APPLICABLE RATE OF INTEREST 11.25% PER ANNUM FOR A PERIOD OF 180 MONTHS COMMENCING FROM SEPTEMBER 2002 WITH AN EMI OF RS. 3232/- (RUPEES THREE THOUSAND TWO HUNDRED AND THIRTY TWO ONLY).
FROM SEPTEMBER 2002 MY FATHER HAS PAID ALL EMI’S FOR ABOVE MENTIONED LOAN TILL APRIL 2008, BUT ON 5TH MAY 2008 HE PASSED AWAY UNFORTUNATELY.
WE HAVE BROUGHT THIS INCIDENT TO THE NOTICE BRANCH MANAGER, HDFC FINANCE LTD. AT VIRAR BRANCH IN THE MONTH OF JUNE 2008 BY A LETTER AND COPY OF DEATH CERTIFICATE (COPIES ENCLOSED). IN THIS ISSUE THE BRANCH MANAGER TOLD US TO PAY THE REMAINING EMI’S THROUGH MY ACCOUNT OR MY MOTHER’S ACCOUNT. HOWEVER THE MANAGER REFUSED TO CHANGE THE LOAN EITHER INTO MY NAME OR INTO MY MOTHER’S NAME AND TOLD US IF YOU FAIL TO REPAY THE REMAINING EMI’S THEN THEY CAN RECOVER THE BALANCE AMOUNT BY AUCTION OF PROPERTY.
SINCE THEN (i.e. FROM MAY 2008) WE PAY THE EMI’S OUTSTANDING FROM MY FATHER’S LOAN FROM MY MOTHER’S ACCOUNT. HOWEVER DUE TO REFUSAL BY THE MANAGER TO CHANGE THE LOAN INTO MINE OR MY MOTHER’S NAME WE HAVE NOT ABLE TO CHANGE THE NAME IN HOUSING BODY RECORDS OR IN THE MUNCIPAL RECORDS AS BOTH THE BODIES REQUIRE NOC FROM BANK TO CHANGE THE PROPERTY INTO OUR NAME BUT THE BANK REFUSES TO GIVE THE SAME STATING THAT THE LOAN IS IN MY FATHER’S NAME.

NOW, I HAVE THE BELOW MENTIONED QUERIES.
1) IN THE EVENT OF DEATH OF THE BORROWER DEPENDENTS OF BORROWER NEED TO PAY THE REMAINING EMI’S TO GET RIGHTS OF PROPERTY?
2) WHY THE LOAN WAS NOT TRANSFERRED IN MY MOTHER’S OR MY NAME IN THIS CASE?
3) IS IT POSSIBLE TO TRANSFER THE ABOVE MENTIONED LOAN TO MY NAME? IF YES WHAT IS THE PROCEDURE FOR THE SAME?
4) IF THE DEPENDENTS OF BORROWER HAS TO PAY THE BALANCE EMI’S IN THE EVENT OF DEATH OF BORROWER, THEN HOW THE DEPENDENT CAN GET RIGHTS OF PROPERTY AND WHEN THE PROPERTY CAN BE TAKEN IN NAMES OF DEPENDENTS? PLEASE GIVE BRIEF DETAILS ABOUT TRANSFER OF PROPERTY AS LEGAL HEIRS BASIS IN THIS CASE.
5) IF RECOVERING THE BALANCE EMI’S THROUGH DEPENDENTS IN THE EVENT OF DEATH OF BORROWER IS LEGAL THEN PLEASE ISSUE ME A COPY OF RULES AND REGULATION PERTAINING TO THIS CASE AND ISSUE A LETTER ADDRESSING TO MY MOTHER SMT CHANDRAKALA DEVI SURENDRA RAM OR ME MR AMOLKISHOR SURENDRA RAM STATING THE ARTICLES, TERMS AND CONDITIONS AND RULES UNDER WHICH WE HAVE TO PAY THE BALANCE EMI’S.
PLEASE REPLY WITH THE ABOVE MENTIONED QUERIES.

Jagdish   24 April 2013 at 22:18

Trade mark

Company has received the notice for renewal of trade mark from registry of TM, becuase registration of TM will be expired in the next month.

Now, company is not using that particular mark. So, should company file the simple application for withdrawal of that particular mark or file the TM 35 for cancellation of mark.?

Lalit Kumar verma   24 April 2013 at 21:37

Recovery of counsel fee

My clients are not responding for the payment of pending fee since the date of judgement even after sending a legal notice and making a number of calls in this regard.
What should be the next step to be taken by me in this condition?
And also guide me in which type of court, the recovery of counsel fee suit could be filed?

Alpesh   23 April 2013 at 10:10

What to write in agent's code no. in tm 1

If a i am just an Advocate and Not a Trade Mark Agent or not a Propriter ,
And filing an Application on behalf of a company as Under power of attorney,

WHAT I HAVE TO WRITE IN THE Agent's Code No. and Propriter's code No. in the TM - 1 ???

Alpesh   23 April 2013 at 09:48

Date on which we can use tm ?

Whether can we use the TM immediately a day after the Application for Trade Mark Registration is filed?

girish   20 April 2013 at 17:32

Transfer of property

i want to transfer my share of property in a tenant room into my 4 sisters name? pls tell me the procedure?


girish

Srinivas Jerripothula   17 April 2013 at 15:20

Title registration

Hi All,

My name is J. Srinivas. I have one doubt regarding the company name. One of my friend has register company name in ROC, which is 80% similar to another famous company. And the nature of business is also same. So the ROC has registered the company name, now i have doubt that after starting the business is there anything chances of other company sues my friend company.

Once ROC has registered the name of the company, there will not have any right of the other company to sue my friend company.


Kindly suggest

J. Srinivas

SYED MUSTAFA ASLAM   16 April 2013 at 16:10

Legal heir

My co-brother (sister in law husband) owned some properties and he deposited all original documents with his brother .
Unfortunately he died and my sister in law is bestowed with one son who is minor now.
Now my sister in law wants to transfer this property either to his son's name or sell off.
Please guide us how she can claim this property as she is having only attested copies as originals are with her brother in law.

VKR   16 April 2013 at 11:48

Patent in computer software

As you are aware that a Computer program is not patentable in India.

So will it serve any purpose, if the same is applied in USA

OR
will it hold equally good, if in India only it is applied in combination with some computer hardware !

Moulder   13 April 2013 at 14:06

Rajasthan: land bought on concessional rates

There is an land in the state of RAJASTHAN that is being purchased by an employee of development board about 40 years ago on concessional rates. The said house is under 100% possession of the owner. There is a clause in the "patta", that says "this land is being sold on concessional rates, so it cannot be sold or rented out without the permission of the government and can only be used for residential purposes."

1.Can this clause be removed?
2. If yes, then do the land owner have to pay the price difference as according to the date the land was purchased or the rate as per today?

Thanks in advance for replying.