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

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Anonymous   29 May 2018 at 15:15

Under sarfaesi act

I was participated in a e auction of property of canara bank on 06.02.2018 (EMD). I was successful bidder (single bidder) of that immovable property and paid full bid by 30.04.2018. I received sale certificate from the bank on 02.05.2018 (not registered).
Now the borrower filed writ petition in AP High court hyderabad for stay of proceedings of sarfaesi and CM order of physical possession of property.Writ Petition contains grounds of 1. Bank has not follow the rules of securities enforcement rules 2002 2. Valuation is not done correctly below saying that below market value. 3. Single bidder participated (Note : At the time of BID proceedings under DRT is going on, so others are not interested to take risk)

Background of case:
The borrower had received finacial facility from the bank in the year 2014. He made default in payment in the mid of year 2016. The bank had declared account as NPA and issued demand notice of 60 days on 29.04.2017 to pay outstanding dues as per rule 13(2) security enforcement rules 2002. After that no representation received from borrower. After that the bank had issued on 16.10.2017 for symbolic possession of property rule 13(4) of security enforcement rules. There after bank has issued sale notice on 29.12.2017 to borrower and publication in news papers in 05.01.2018 for conducting e auction on 06.02.2018. The borrower immediately filed a stay petition in DRT on 31.01.2018 to stop sale proceedings. THEN DRT issued order to pay 15% in 15 days and another 15% in 15 days to stay the confirmatio of sale. The borrower has not paid any amount as per order and after 30 days order automaticly vacated. The bank has also got the CMM order to tookover the physical possesion of property on 26.04.2018.

Now the borrower has filed writ petition in high court to stay the sale proceedings and CMm order on 24.05.2018.

Please tell me options avilable to auction purchaser

Murali Krishna   29 May 2018 at 15:15

Builder noc format and indemnity bond how to write

sir, is there any legal format for noc from builder and can we obtain indemnity bond for future problems if any

PROBAL KUNDU   29 May 2018 at 15:10

Buying resale flat in cooperative housing society in west be

I am joint owner with my father of a flat in a cooperative housing society of west bengal housing development board housing complex. The flat is small and We wish to buy another in the same premises. Is it possible to buy it in my name? Other wise if it is bought in my wife's name I shall not be eligible for home loan. What is the alternative. Can I give power of attorney to my mother for the existing flat.


With Regards

Probal Kundu

PROBAL KUNDU   29 May 2018 at 15:05

Buying resale flat in cooperative housing society in west be

I am joint owner with my father of a flat in a cooperative housing society of west bengal housing development board housing complex. The flat is small and We wish to buy another in the same premises. Is it possible to buy it in my name? Other wise if it is bought in my wife's name I shall not be eligible for home loan. What is the alternative. Can I give power of attorney to my mother for the existing flat.


With Regards

Probal Kundu

Lalit   29 May 2018 at 09:36

To register property papers

Dear sir papers mere dada ji naam pr h pr mere pass nhi h mujhse lost ho gaye h.ab dobara wo papers kaha se mil sakte h mujhe please reply me sir

Anonymous   29 May 2018 at 00:58

To register property papers

Dear sir
Main jhunjhunu Rajasthan me mandawa ka rehne wala hu.hamare Ghar k papers nhi bane hue h.mere grand father expire ho chuke h.aur ab main apne Ghar k papers apne father k naam se banwana chahta hu .mere Papa ki ek behan bhi h.jiski Saadi ho chuki h.mere pass Abhi Ghar ka Papa k naam se koi proof nahi h.is liye sir main Ghar k papers banwana chahta hu.dear sir please mujhe bataiye ki 1) mujhe Ghar k papers Papa k naam banwana k liye kin kin documents ki awshakta hogi 2) aur un documents ko lekar kaha Jana Hoga 3) aur sir kya property m mere Papa ki behan. Ka bhi koi Hissa hoga.h ham pichle. 25 yrs.se us Ghar m rh rhe h aur ab Papa ki behan hamme us Ghar se nikalne ki dhamki Dete h .sir suggest me right way please sir

Anonymous   28 May 2018 at 18:49

Payment

is there a provision under any Indian law (act or rules) which mentions that an individual can mortgage his immovable property even though it has not been mentioned in the contract signed between the individual and the company for the purchase of goods in lieu of cash?

Anonymous   28 May 2018 at 17:55

7/12 land issue

Dear Sir,

i have farming my land from last 70 year when my great grandfather have distribute his land in his five sons, in that one of my grandfather. but my great grandfather first son remove other four sons name from 7/12. currently we are use my distributed land. but on this 7/12 not my fathers name of my agriculture land . and great grandfather first son grandson not agreed to handover this 7/12 for me. kindly help on this.

neha   28 May 2018 at 15:39

Payment

can an individual mortgage his immovable property in lieu of cash to another company for payment of goods?

Anonymous   28 May 2018 at 12:56

Regarding my grandfather property

My grandfather had willed his property to his three sons giving them the freedom to live & give on rent on their 1/3 share of the said kothi which is in the heart of bareilly measuring 4409 sq Meters barring them to sell it to anyone .He gave the sole rights to sell the property to his grandsons in which I am the only person Alive the rest of the grandsons are already dead.The matter is in the civil court in barielly. My grandfather in his will had specifically written a clause in which he wrote that if any of my grandsons wants to sell his share he should first give preference to his other cousion brothers ..Now as all the brothers are dead and only one grandson is alive my questions is as follows
1) does the entire property becomes mine ? though the grandsons have sons too .will I be the heir to the whole of property or the grandsons sons will be the heir to their share of property.

2) I live in Ghaziabad and I am looking for a shrewd clever smart intelligent lawyer to fight my case in the court in bareilly on " percentage basis"? The total value of my share as per barielly circle rate is around 10 crores @ Rs.60000 per square meter...

ANYONE INTERESTED TO FIGHT MY CASE ON PERCENTAGE BASIS CAN SEND THEIR PHONE NUMBERS WITH COMPLETE OFFICE ADDRESS FOR A MEETING WITH THEM. THE CASE IS NEARLY ON FINAL STAGES AT LOWER COURT IN BARIELLY ..