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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   24 September 2010 at 14:52

Suit by unpaid seller

Sir,
If a sale deed has been entered saying that the consideration has been paid via a Demand Draft (i.e. issued by the Bank on account of loan). However the demand draft has not actually been encashed,as the loan was subsequently cancelled. However believing on the fact the DD will be encashed the seller signed the Sale Deed. Now as the amount is not actually paid, what can be the means to get the unpaid money?

If in the suit for recovery of balance amount the buyer is unable to pay the remaining consideration, then what other relief can be provided by the court of law?

The buyer got the loan sanctioned by concealing certain facts, so the DD was issued. However before the disbursement the Bank came to know of the facts and the loan got cancelled. That is how the DD could not be encashed.

The Bank had issued the DD on the basis of certain facts. However certain important facts were concealed by the buyer from the Bank. Just before the DD could be encashed the Bank came to know the facts and they cancelled the DD. As a result the seller could not get the consideration.

armaan   24 September 2010 at 11:14

Please advise

Hello experts

Please answer my query:-

A flat was booked on three names and all the three persons are co borrowers of finance loan from LIC housing finance limited.Now second and third party being unable to pay the loan wants to withdraw from ownership as well as the borrowed loan.

Please explain the procedure and the consequences of this action.

Regards

Armaan

Anonymous   24 September 2010 at 09:28

tenant refuse to vacant my house

Dear experts
I have given my house on a rent.No agreement has been done.Now my tenant is refusing to vacant my house.He has no another shelter.

My question is that how can I vacant my house.What is rule says?

Requst to give me proper guidline to all respected experts.
Sandeep

Anonymous   23 September 2010 at 20:08

ILLEGAL POSSESSION ON DDA FLAT EXTENDED STRUCTURE

I have a DDA Flat with an extended rooftop structure. Someone has taken possession of the extended structure at my roof and made illegal documents which he got registered from Sub registrar also. Although DDA has no such floor in its building structure, yet the person has created papers for the structure which are totally fake. How can I prove that the papers are fake. I have a copy of illegal papers.

Rajiv Ranjan Singh   23 September 2010 at 13:21

stamp duty

kindly guide me on the following issue:


A bank sell the property after failure of loanee to pay the loan amount.Wheter stamp duty is payable on such sale to highest bidder,particularly in gujarat.Guide with legal supporting, if any.

Anonymous   23 September 2010 at 06:32

criminal trespass on attached property

the said property has been attached by the State Consumer Forum and teh Collector has been directed to recover teh decree amount as arrears of land revenue under Maharashtra land Revenue Code. if criminal trespass has been committed, who proceeds against teh offenders? teh decree holders who are owners of teh property or teh Government?

Anonymous   23 September 2010 at 00:35

NO rent agreement ---how to get eviction???

Mine tenant is living in one of my property since last 8 years,there was no rent agreement signed between us ever.

Now since last 6 months,he has stopped paying the rent also ,what is best way of getting eviction from him ?

Some one suggested to show him a licensee instead of a tenant,but I do not understand how showing him licensee would be helpful in evicting him.

Please guide me and suggest the best way according to your understanding.

Anonymous   23 September 2010 at 00:27

Me not issuing rent receipts-- -a crime or not ?

I have given a property of mine on rent since last three years,neither my tenant asked for a rent receipt ever nor I issued any myself.

Is it a crime on my part, not issuing the rent receipt to my tenant???

What if,he stops giving rent,would I be able to file case for non payment of rent, against him ??

Goutam   22 September 2010 at 22:58

Transfer of property OR RIGHTS

A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).

NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.

My query:-

1. can he transfer his share by the decree of the (permanent Lok Adalat).

2. How i can draft this case for filing in the Permanent Lok Adalat.

3. What are the contents of my drafting. Plz explain fully the lines of the drafting)

4.Is there is any set proforma under the legal service authority act to file such cases.

Anonymous   22 September 2010 at 22:55

Transfer of property OR RIGHTS

A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).

NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.

My query:-

1. can he transfer his share by the decree of the (permanent Lok Adalat).

2. How i can draft this case for filing in the Permanent Lok Adalat.

3. What are the contents of my drafting. Plz explain fully the lines of the drafting)

4.Is there is any set proforma under the legal service authority act to file such cases.