Anonymous
12 June 2010 at 09:45
Sirs / Madam,
There is a suit in City Civil Court, Mumbai between mother and son over title of property. The mother and son have signed an MOU for distribution of property on 50:50 basis and are awaiting the receipt of NOC from the 2 daughters.
My question here is :
1) can the society or any of its members take an objection for issue of 2 share certificates in lieu of one :
• if the MOU and NOC are filed in the Court and order received for partition of property OR
• if both the parties reach out of court settlement?
2) is it necessary for the society to get it passed in the General Body Meeting of members because the society had passed a resolution in previous years AGM that it will not split the share certificate of any member?
Kindly guide me on both the above points and oblige.
Rgds,
Anand.
Anonymous
12 June 2010 at 00:05
Dear Sir
This is siva, I am seeking ur good suggestions from the below said facts and case details as follows:
I have 2 sisters and 2 brothers. I was borrowed the loan from Nationalised bank with a quantum of Rs.15,00,000/ as Cash credit limit and Rs.5,00,000/- as bank guarantee on 2000. So far my mother stood as a guarantor for the above said entire loan amount and offered her self acquired property as a collateral security and we created equitable mortgage on 2000.
Due to some unforeseen circumstances I was lost my business and outstanding amount. On October 2002 the bank has declared my account as NPA for Rs.22,23,000/- and issued notice under section 13(2) and got acknowledgement from both of us.(me and my mother) and they took symbolic possession of the above said property, following to these proceedings they put the property for public auction on 2004 for Rs.6.00 Lacs only
But no one has come forward to buy ours property through public auction. So the action called off, also the bank continued he sale proceedings after two years on 2006 for Rs.6.40 lacs, that time also no came forward to buy in that auction.
During the course of proceedings by the bank we our family members doesn’t take any legal action or legal steps to prevent the property. Because that property is not much worth when compare to loan amount.
On 17/07/2007 my mother was died due to sudden cardiac arrest, also we never intimated to the bank regarding my mother’s death.
On 03/08/2008 the bank issued a paper publication and brought ours property in a public auction and which was sold in a public auction on 04/09/2008 and they registered a property in the name of auction purchaser on 23/09/2008 for Rs.7,61,000/-. The same notice has been sent by the bank to me and my mothers name through registered post. We deferred to receive such notices almost in all times, so we deferred to receive the notice and we said the reason that we have shifted from that address to some other address.
On 18/09/2008 one of my brothers was filed a partition suit in the civil court and prayed for stay that not to create any charge or encumbrance against our property by the bank, but it was no use. The court issued notice to the bank, so the partition suit is still pending with civil court.
Also our my father put 7 tenants in that premises which was already sold by the bank in a public auction, the tenants were much effective and kept the possession safe and secure away from the auction purchaser. Because now the property worth will be around 25 lacs.
After a very long struggle, the auction purchaser approached High Court and finally got direction to the magistrate to take the possession immediately. So the advocate commissioner took the possession of the property with the help of police on 18th May 2010 and handedover the property to the bank, also the bank handed over the property to the auction purchaser on the same day. After received the actual possession he demolished the houses on the same day itself.
On 25/05/2010 we meet a advocate counsel; he advised us to approach DRT to grand stay the proceedings and said we have only 10 percent chance to succeed in this case. He advised to file a petition under section 17 by our family members (father, 1 brother and 2 sister) as a petitioner against 1.me(siva), 2. Bank 3. Auction purchaser as defenders and filed a condone delay petition for 575 days and prayed to grant stay along with a brief petition, that we are the legal heirs of deceased guarantor and we didn’t have knowledge and didn’t receive any notice before the sale proceedings about the bank sale and they prayed for set-aside the sale by the bank and restore the actual possession of the property. But the DRT has deferred to grant a stay and directed the bank to maintain status cuo possession of the property on 26th May 2010 and issues showcase notice to the Bank and auction purchaser to file any objection on 15th June 2010 to allow the petition filed by us. For these fillings, he has charges Rs.25,000/-.
Now, the counsel is asking another 10000/- to proceed further steps on 08th June 2010.
My question:
1)From the above facts, we have any grounds to succeed in this case.
2)Shall we proceed or leave it.
3)We had spent almost 2 lacs for these entire all court proceedings and policticians from the beginning itself.
4)Most of the lawyers suggest not to go further…
5)Is there any loop hole point from the facts pls. suggest me how to defend.
NOTE: Bank has followed and published all the sale proceedings and symbolic possessions as per act.
Accept the notice to legal heirs...
Thanks.
Umesh S.Hunashimarad
11 June 2010 at 23:05
Sirs,
weather Bank can enforce mortage deed in respect of ancistral property living minors interest or against them
Ethir esen
11 June 2010 at 22:28
Dear Sir,
i have two questions :
1) What are documents/papers a land lord should have(patta, chiita, ) against his land?
2) I would like to know law, rules regulations applicable for land(Immovable property). Please suggest a book which explains or gives kind of awareness in layman terms. My father has tract of farm land in village near to Slum, being aware about land act and regulations will help me to face any unfortunate problems like encroachment, panchayat project coming near land etc.,
rj
11 June 2010 at 17:06
Dear Friends,
I had bought an under construction apartment three years back from a reaonably well known developer and got the agreement done at the same time.
The property was available for possession in mid of 2009. When i intended to take the possession in december 2009 i found out that there was severe leakage in my apartment. I refused to sign the possession documents and asked them to get the leakage corrected first. I was promised that same would be done in a fortnights time and possession would be handed over to me.
They say that the leakage has occurred because of the renovation done by the occupant who lives above my apartment.
By saying such things they try to wash their hands off the issue.
Since then six months have passed by but the developer has done nothing about it. They say they would require further time to address the issue. Repeatedly i have received commitments from them but none kept. I even have a written commitment on record.
What recourse, legal or otherwise can i take against the developer in this matter or would you recommend me to wait for few more months.
Anonymous
11 June 2010 at 17:03
dear sir/madam
i am a businessman and want to claim my grand father property.
my grand father was two brother.other one was younger.
both didn't have any child.
elder one adopted my father.
younger one adopted my father's first child.
my both grand father generate all the property.
some in the name of elder one and some in the name of younger one.
can my elder brother ( so called uncle ) who has been adopted by my younger grand father, can claim for share in elder grand father property ?
Anonymous
11 June 2010 at 13:53
Dear Sir,
Kindly let us know what safety measures is to be taken by a tanent while giving their property to the builder for redevelpoment thru their society.
rgds,
Member (Account Deleted)
11 June 2010 at 13:05
'once a mortgage always a mortgage'.plz discuss it with illustration n cases.thanks
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Check List for Due Diligence of Property
Dear Friends,
Can any one help me with the check list of documents that needs to be verified prior to finalizing the purchase of property (open land plus standing bungalow)in Mumbai City.
Best Regards,
Sachin