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Karunakar   17 November 2009 at 00:44

Post dated Cheque Dishonor


Dear Sir,

I had a plan to Purchase a Flat,
A flat was selected by me and as a part of initial payment I made some payment to Builder.(There are 4 Active and 4 Sleeping partners in the Venture)

Due to Recession, the Project could not materialize...
We made a payment in OCT2008; since the project (total 110 flats) was not materliaze...we demanded our money back from builder.
Builder agreed to give us money in July.
From then he was keep on postponing the date. we were behind him asking for the post dated cheques..
Builder at last gave a post dated Cheque for 1/4th of the amount we paid.
Cheque given to us in OCT-2009, Dated for Nov 10th.
I have deposited the cheque on 12th Nov.
Cheque got bounced by saying "Insufficient funds".

How should I go legally to get my money back?
Should I use IPC 420 and 138?
Is IPC-420 is Non-bailable ?


Thank you for your valuable time...

Waiting for you answers...

Thank you



DR SURESHA G   16 November 2009 at 22:23

answer my quiery on will and gift deed

Dear Sir/Madam

I need your advise; I filed a civil suite against all of my family members for my share in the my family property in Aug 2003.

Then we compromised before elders of the society and the shares were allotted as follows:

1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.

Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. to me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2. I only made this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.

Everything was fine up to 2007. Me and my parents living together and my brother was living separate.

I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties i,e mine and my parents and enjoyed all the income.

In 2007 he developed conflict internally and taken my mother and went separate again. My father was alone and again my father started taking care of my share and the share of them. My wife was taken care of him.

Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attack he was in hospital in Jan 2008.

During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions which I mentioned above and the decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.

After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.

From 2008 to till to day I cleared all the back debts (9 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.

Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.

I request your kind self to clear my doubts.

1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?(Which my brother is now got through will & gift deed by my mother)

2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she written will to my brighter.

3. Is there any possibility of filing suit against my brother who had my father as a joint share holder?

Please clarify my doubts.


Arul Kumar   16 November 2009 at 18:06

Deduction on Refund of Booking amount

Dear Experts,

Please guide me with regard to rules of dedcution on the refund of advance booking amount paid to builder due to cancellation of booking before the agreement is made.

Thanking you.

Anonymous   15 November 2009 at 22:12

power of attorney

sir,
my father gave AGPA for his friend for 400 sq.yards plot.my father passed away recently,we want to know who is the real owner of that property.how we can claim that property

praveen   15 November 2009 at 15:42

ILLEGAL CONSTRUCTION IN DDA FLATS IN DELHI

I reside in 120-A(ground floor),Platinum Apptt. Sector-18,Rohini,Delhi.The owner of 120-D(top floor)has done illegal permanent construction on the roof of our building.The roof is common to all the floors of our building.
Pl. guide me the procedures to demolish the illegal constructions.


Thanks

Praveen Singh

praveen   15 November 2009 at 15:41

ILLEGAL CONSTRUCTION IN DDA FLATS IN DELHI

I reside in 120-A(ground floor),Platinum Apptt. Sector-18,Rohini,Delhi.The owner of 120-D(top floor)has done illegal permanent construction on the roof of our building.The roof is common to all the floors of our building.
Pl. guide me the procedures to demolish the illegal constructions.


Thanks

Praveen Singh

Anonymous   15 November 2009 at 14:33

SaleDeed diagram mistake

the first sale deed was done in 1990 between the builder and Mr Reddy , the property area and direction was discribed correctly in words.

I pawan purchased the flat from Mr Reddy in 2004, the property discribtion in words were correctly mentioned but the hand drawn diagram of the flat was wrong,

this mistake in sale deed, i came to know now(nov 2009 ) .

i tired to contact Mr Reddy to do the rectification now Mr Reddy is out of contact,

and now i want to sale this flat

how to rectify this sale deed mistake

Anonymous   15 November 2009 at 14:13

SaleDeed diagram mistake

the first sale deed was done in 1990 between the builder and Mr Reddy , the property area and direction was discribed correctly in words.

I pawan purchased the flat from Mr Reddy in 2004, the property discribtion in words were correctly mentioned but the hand drawn diagram of the flat was wrong,

this mistake in sale deed, i came to know now(nov 2009 ) .

i tired to contact Mr Reddy to do the rectification now Mr Reddy is out of contact,

and now i want to sale this flat

how to rectify this sale deed mistake

Kuldip Narain Saxena   15 November 2009 at 07:51

Liaisoning charges bill

Respected Sir,
can alawyer submit a Bill of liaisoning work of mutual deals.
knsaxena Adv
15/11/09

Anonymous   15 November 2009 at 06:54

Depositing of Will.

Dear Experts of L C I,

A person not in a position go to Registrar's office, and registrar is not willing to visit his House ( As he is Busy/ no time to attend to private hose)! Under the circumstances What is the procedure to be adopted for Depositing of WILL deed? I was told Under registration Act 1908, one can Deposit the WILL( In Registration office) in absentia .

Please give me the wording to be USED ON THE SEALED COVER (WHICH CONTAINS THE WILL OF THE TESTATER) Etc.and any thing(INSISCRIBSONS) to be done on the cover.

Thank you ALL in advance.