Deepesh Lote
11 January 2011 at 12:55
Our property is mortgaged to a bank which is legally dissolved now. Is there a way to get(or buy) the property back on our name?
My father's friend (say A) has applied for a hypo loan in 1998 through an Agent (who is also my fathers friend). My father has been guaranter for this loan. My father's friend didn't paid a single EMI. Bank has issued notice for auction of our property in Dec 2006. The Collection officer visited many times but the auction was delayed due to all the procedures involved. Things came into light in 2008 for me because I stay out of town for my job. Then I looked into the matter. Its hopeless to expect for my father's friend to take any action. Further, Bank director body got dissolved in Feb 2009. Can you please suggest how can we buy our property back?
Anonymous
11 January 2011 at 11:29
Sir,
If a builder has got permission to add floors to an existing building, then can he legally do that and start construction
on existing building in a housing society where residents have already started living for more than a year? Even if he has legal rights, is there a way that the existing society can prevent this because it will lead to a lot of nuisance for the existing residents? Moreover, in the new floors which come up, what will happen to the terrace rights , will the terrace(newly formed) be accessible to the existing society members, or that also can be usurped by the builder ?
Can some learned friend answer this question and let us know the relevant legal provisions that a society can invoke?
k.bala
11 January 2011 at 10:30
Were the registered partition deed shall be cancelled by court in case of unequal partition between two brothers 80 % and 20%.or any other provision for the same please guide me sir/Madam
Anonymous
11 January 2011 at 09:34
Sir,I was the only earning member from 1986-2000 in my family.father loss heavily in business in 1987-88.At that time I arrange huge money apart from my salary & gave dad to avercome losses .In 2000 I owned my 1BHK flat & leave house with my family & 2 kids .Only due to my wife not mix up with my parents.After my removal my only younger brother stays in my father house.He is bank manager.Now parents have 03 rented portions .I have good relation with my parents.house in the name of mother.Iwant property due to financial crises & son higher education.What step I can do?whether I forcely possess any empty rented portion for future talk.Because I do'nt think father gine me my right in easy manner.In bad time I was continue with my parents.Now it is bad time for mine.PL advise
Anonymous
11 January 2011 at 09:22
A spinster is living in a tenanted premises for around 40 years. Her nephews(sister's sons) are also living with her for around 15 years. The nephews are running the household in terms of money, moral support, valuable time spent with the spinster who is become old.
Now this place was tenanted by the spinster and her extended family of 3 sisters and 2 brothers. The brothers expired without issues and the sister's got married. The nephews are one of her sister's sons.
She has given the power of attorney to the two nephews and also made a WILL favouring the two nephews, WILLING the TENANCY RIGHTS to them. Now my question is
1. How strong is this WILL in the court of law?
2. Can a Tenanted Property be willed to her sister's sons who are living with her?
3. If so what are the powers and the rights that they acquire on account of this?
The same premises has been sold the second time to a third party.
Reply awaited.
PRAMUKTA TARAFDAR
11 January 2011 at 02:26
CASE STUDY
Dear sir,
I have an important case to present in front of you..
That a person burrowed a sum of some amount as, Loan no -1, ( House building loan)from a bank,.by mortgaging his house registered in his nameThis loan was subsequently paid by the co borrower, - his wife and the account was kept standard after the death of the burrower.
Now the deceased man’s had 2 sons and his wife as legal hire. The man then had made a will where he had wished his wife as the sole beneficiary of all the land and house and his assets.
The youngest son had taken loan from the same bank without any co lateral or mortgage while his father was alive. The father or mother did not stand as a guarantor or burrower to this loan. The loan was taken to start a small scale industry which was covered under an insured coverage of cental govt ( C.T.G.S.M.E) where one time & the annual insurance fees was regularly paid.
Subsequently the second loan taken by the younger son went bad and was sent to the DRTA .Now the second son kept no contact with the family since last three years before the death of his father.
The Bank was quiet these years and never wrote to the father , mother or any one about the son’s loan from the date of its sanction or its failure.
Now after 3 years after coming to know that suddenly the father has died they are assuming. to take the mortgaged property for loan no -1 keeping into view that the younger son is the legal hire to his father’s property though for this loan the father never had mortgaged the house nor an extension of mortgage was done or the father stood as a guarantor for the loan no -2 during his life time.
Can the bank take the undivided property to recover the dues of the second loan though it was not mortgaged for loan no 2. please help me.
Pramukta Tarafdar
Rourkela
Mob: 9776562201, 9778997890
Anonymous
10 January 2011 at 19:23
I am a karta of a HUF family and whereas i am holding a property on a name of HUF and now i want to get transfer same on my individual name. Is that possible ? If yes than how ?
R.V.RAO
10 January 2011 at 18:32
sir,
A father died without making will (for his self acquired property) to his 6 sons and his wife .
how to shre property in the light of
one of the major sons( unmarried) missing since more than 7 years. no paper ad. was given. only informal and general enquiries and searches made. but no avail.he may be surely alive the family feels .
pl. advise if any news paper ad. can be given if so stating what and if property can be shared without any future problem.
what happens if the missing son comes back and claims his share after some time?
pl. advise.
thanks and regards,
r.v.rao
raovr2001@yahoo.com
hariharan
10 January 2011 at 18:27
hi,
recently i tried to sell a land. i came to know that if i enter into an agreement the buy for selling the land, they keep upto 3 months of agreement for paying the cash(which is practiced in tamilnadu). more shocking to me is if they couldn't pay the money within 3 months they can take time upto 3 years. is this true. help me
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Developer buying a plot having a laundry in part of it.
I would request the learned experts to kindly throw light in my following problem. My friend is a small scale promoter going to buy 1 acre of land near Kolkata Airport. The land owners had given a part of the land on lease to a Laundry ( a pvt ltd co.) in 1946 for 50 years. After completion of lease period the owners went to Court to evict the laundry but lost the case & the Court termed the laundry as not evictable. The laundry has 12 share holders. The MD has a fight with his son who is also a share holder & complained in Police 10 years back that his son (shareholder) in connivance with one employee has borken open MDs drawer etc. Now, the Developer has discussed with the MD & one Director who agreed to vaccate the space for him after taking Rs.50 lakhs. In addition to the above all pending PF, Gratuity, Municipal tax etc. for the laundry shall have to be paid by the Developer.The laundry is closed for last 10 years some of the shareholders are not traceabe.
Under the above circumstances
(1)What documents the Developer should have from the Laundry while taking over ther space?
(2) Should the Developer pay the dues of the Laundry like PF etc. directly or to the laundry & ensure that they pay to the resperctive departments.
(3)Can the laundry take a resolution & vaccate the space in favour of the eveloper? In such case can the employees prefer any claim & stop the take over?
(4) Can the Developer take over the laundry by paying the shareholers some money & arranging all the present directors to resign? In this case what else he should do?
Thanks well in advance sirs.You are doing just excellenty job.