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valarmathi   22 August 2010 at 21:12

SARFAESI Act - Sale Notice Amount

Respected Sirs,

I request a clarification : A borrower has credited a sum say Rs.1.00 lac in his account after the issue of possession notice. When the sale notice was issued, the amount mentioned in 13(2) notice was repeated but we mentioned the "as on date" , i.e., Say 5.34 lacs on 14.05.10 (13(2) date) without including the credit and recalculating the dues. But the usual terminology of "with subsequent interest and cost" was included.

Is the sale notice "valid"? If the borrower files an affidavit challenging the sale, will an order favouring the borrower be passed?

P.s: All the remittances were credited to the borrower's account any way and we are ready to credit the excess in sale proceedings to his savings account.

Anonymous   22 August 2010 at 16:53

class iii land


Dear Sir/Madam,


in maharashtra their is various type of land inam. one of that inam 3 (devstan inam 3) my question is can we sold this inam 3 land by giving fees (najrana) to Govt.& whatis process

Anonymous   22 August 2010 at 12:16

To include my wife as coowner of property

I purchased a Flat in Bangalore about three years back and got it registered in my name.I am a senior citizen of 75 years and would now like to include my wifes's name also as coowner of the Flat.How do I do it? Should I reregister and what will be the stamp duty and registration charges?

Anonymous   22 August 2010 at 08:38

Gift of a Flat to Son


Sir, what rate of Stamp Duty is applicable for the Gift of a flat to son in Mumbai having Market Value of Rs.20 Lacs (As per Ready Recknor)?

Nana Joshi.   21 August 2010 at 20:59

Government Rule GR vs CR or directives

Sir, I have posted it in expert section but no one gave me answer pl. answer....
My question is What is difference between Government rule i.e. G.R and Government Circular or Govt.Directives?
I think directives are guide lines and not rules that is must followed tasks.

what are the consequences of non-compliance or not exactly following of the directives
issued by the government under section.79(A) of the Maharashtra
co-operative societies act,1960 ?
regarding redevelopement of building of co operative housing society.
i.e. the reference link.
reference:
http://credaimaharashtra.org/Directive%20of%20Maharashtra%20Co-operative%20Housing%20Society%20%28Notification%29%20dt.%203.1.09.pdf

Thanking you.
Nana

franky mendonsa   21 August 2010 at 16:19

eviction

my father entered into an an agreement with a tenant to run the shop for 5 years.
no renewal of agreement after that rent paid and receipts issued.
now its 22 years
in the agreement it was said tht the tenant cannot run two businesses in the shop.
1) but now it is found tht he is running two businesses thus violating a clause from the agreement.
2)and i want the shop for myself to run business.
is the ground on option 1 sufficient to evict him or should i go for option 2.
kindly give ur suggestion.
waitin in anticipation.


Anonymous   21 August 2010 at 09:35

Give Tips on doing Argumentation in a Lawsuit,Plz.?

Please guide us that how should we do argumentation in court so that we may be able to bring forth all the major,important points in front of the court and win the case also.

Should we ignore the points which are logical and in our favor but are not clearly deciding factors.Mine advocate says that we may be having such 20 points but in the "Argumentation" we should be focussed on most 3/4 important factors only which are deciding factors of the case and rest of the points may be ignored.Scattering the Argumentation on less important points(Even if they favor us) may not be very much helpful and the judge may become irritant also.The Argumentation should be focussed one,pin pointed.

Is my advocate right?

Can you please suggest something from your practical experience.

Anonymous   21 August 2010 at 08:42

How to Increes rent?

My father let out shop on premium basic (pagadi) .which is non-registrered. rent we get is only 30% of current market rate. what action should we take? how?

franky mendonsa   20 August 2010 at 21:47

eviction

my father had let a shop of 10 sq. mtrs on rent and the tenant is there for last 30 years. he is paying just rs. 100 as rent , which is being deposited with the rent controller . now the thing is that he is not paying the electricity bill since past 6 months when it was temporarily disconnected for non-payment. the meter is in my fathers name. now we have reeived a final notice from the electricity department that the dues of rs.10,946/- have to be paid by 25/8/10 or else the money will be recovered through land revenue.
for tht we have met the advocate and sent a letter to him about the same with a xerox copy.
incase of non-payment will we be in a position to evict him or wht are the other chances to evict him.

he hardly comes to the shop as he deals with renting of sound system and it is closed, he is rich with wife working in bank, son on ship
could i have ur guidance dear sirs.
franky mendonsa
goa

Anonymous   20 August 2010 at 17:24

Probation not needed for Wills Regd. in Delhi ??

Is it right that if a WIIL had been registered in Delhi,its probation is not mandatory ?
Plz. case is to be heard tommorrow in Delhi court.Plz. support with realtime reference i.e. citataion etc..