preet
22 January 2011 at 16:26
Bank published the notice of pocession in newspaper and now what is further step of the bank.Is the bank goto DRT direct take the action of auction?
preet
22 January 2011 at 16:23
What is role of enforcement agency after the notice of 13(2) under sarfaesi act published in newspaper?
Anonymous
22 January 2011 at 13:29
R/sir,
The builder executed an Agreement of Sale in favour of the Single Purchaser.
The Purchaser expired after some days.
The legal heirs of the Purchaser want to avail loan from the Bank.
But the Bank do not sanction loan in favour of the legal heirs.
The possession is yet to be taken from the builder.
What deed the legal heirs of the Purchaser should ask from the builder.
Pl. answer.
Thanks!
Anonymous
22 January 2011 at 11:59
Dear Sir,
We have 2 brother and 2 sister are jointly holding a property appoint a developer for construction of a flat with agreed condition that one flat each holder will be given to us, rest will be for developers. After complete the Flat developer give possession letter to all 4 holders and sell rest of the flat. Now one of holder want to sell his share of flat, but purchaser banker (applied for Bank loan) want sell agreement must be sign all the four holders with developer, but developer not interested for sign the sell agreement, he told us as per condition I give all of the holders possession letter of their shared flat. Please advice us in this circumstance what should we do? How to convince the banker to accept the sell agreement without developer.
Anonymous
22 January 2011 at 10:55
sir i want to start new real estate business. Can you suggest me how can i start and from where i have to start it? How i can convert agricultural land into NA. What leagalities and formalities i need to do? Is there any restriction of qualification? My place is nagpur maharashtra.
Abhi
22 January 2011 at 10:03
In 1981 my Father purchased an agricultural land in Maharashtra along with 2 other friends. He has all the 7/12 utaras till date which shows the names of all the 3 therein. So you see that it is a Samaik (Joint) Property.
Now my father wishes to get the division done (Annewari) and hence he applied to the relevant office along with necessary documents.
However the talathi said that as there is a mention of clause 84K (in marathi - Chauraishi Ka) on the 7/12 , the Annewari cannot be done as first this clause has to be removed from the record. For this he said he will need to see the Proof of being a Farmer/Agriculturist.
As we are genuinely farmers, my Father provided the relevant declaration/proof (Shetkarya cha dakhla) to the talathi along with the application to remove the clause 84K from the record. However Talathi said that he needs such proof of the other two persons also who are named in the 7/12 , otherwise the land will get Sarkar Jama (Government Acquired)
However the other two are not farmers. So you see this is a deadlock situation. As we are genuinely farmers please advice us on how we should proceed , so that our land does'nt get sarkar jama.... what are the options available to us under law?
Also let me know if removing 84K from the land record is really a Pre-requisite for doing the Anniwari ? Can we not do the Annewari first and then apply for removing 84K from our portion of the land (as we are farmers)?
Under which section of which Act this clause 84K (in marathi - Chauraishi Ka)falls.
Your kind advice would be very helpful
Regards,
Anonymous
21 January 2011 at 22:32
We are tenants of a public trust. We have come to know that the trustees have fradulently sold the land and building on it at a lower rate than offered by the tenants without giving us a chance with the help of corrupt Charity Commissioner as when we took up the matter with him in 2008 he kept quite and did not gave out the deal details. We have managed to get a copy of CC's order in the matter and proves serious criminal conspiracy between the builder, trustees and Charity Commissioner.
The deal was stuck in 2007 and was kept under wrap by these thugs and now the builder has served eviction notice on tenants.
Pl. advice if we can challange the fraudulent deal and if so how ? Pl. help us. We have documents to sustain and have formed a tenants association to challage the sale.
anna
21 January 2011 at 20:59
Sir, I am a resident of Kerala. We need to take the measurement of our property. We have the documents with us. But the problem is the adjoined property holder is not allowing us to measure it.So we cannot call a private surveyor for this job. How can we get the help of Govt. I mean whom should we contact. The Village? How much time it will take and can the other person do something against us.Pl. help
preet
21 January 2011 at 20:35
party take loan from bank and afterward recived sarfacy notice. In this case party and also his lawyer fells party case is strong. notice is only recived due to bank falt. now wht the borrower do??? make writ or not in high court
sarfasi Act
After recieving the notice under section 13(2) of sarfaesi act party brought the matter under DBS,of RBI. Then RBI make communication with the head office of Bank. What will Bank do? Shall the bank direct goto DRT on first reply to RBI.