Bharati Agarwal
17 February 2016 at 02:14
My son was an additional Director in a Pvt Ltd company working for gain.There were two other Directors who were owners of entire shares of the company.The Pvt Company obtained loan from Bank and three residential flats were mortgaged towards it as security.One Flat belonged to me personally and other two flats belonged to other two partners personally.My son demised in a road accident two years ago while travelling on duty.The two Directors continued to assure release of my flat from mortgage and also to pay my sons"s dues.Nothing happened and slowly they have distanced them from us.About seven months ago, I received Notice under Sarfaesi Act from Bank to make payment towards loan amount due from the company but the Directors did nothing to save me. Then Bank people came and pasted a Ntoice of Possession on the Gate of the Flat and published a Notice in the Newspaper giving details of loan amount and also details all three flats.The Directors, again, did nothing for us.I approached a Banking matter advocate, who has filed an application with local Debt Tribunal against Bank.I am told that the Bank has also filed a case at same Tribunal against the company and all of us, the two Directors and myself, but no notice is so far received by me as yet.On the advice of my advocate I met Distt Magistrate to find out as the Bank"s agent was threatning me to take possession with DM"s order.I was told by DM Office that the Bank has made application to DM for seeking his permission for taking possession of all three Flats with local police help.I was also told that DM office shall do as per law and shall not be able to extend any assistance in the matter to me.But while going through the Application made by Bank to DM Office( by DM Office executive to match details of my flat with my documents) he suddenly found that out of three flats, the details of one Big Flat belonging to one of the Director has been totally defaced By Whitner Pen, so the name of three mortgagers appear but details of two flats are only there.Also the related documents of only two flats are enclosed. Such Defacing is done in the application part and also in affidavit part but no counter signature etc is done.It showed the intention of Bank to hide schedule/detail of one flat out of three flat.The DM office also surprised on such Defacing and assured me to do as per law after seeking advice from their senior people but they also sensed some hide and seek in this matter.I explained all to my advocate who has told that this is a clear case of malpractice by Bank in collusion with one of the Director to save his flat from taking possession as DM office shall only give order for two flats(if they do not return such application)The advocate advised to file a criminal case against the Bank and the Director and also a Civil case against the two, but with the help of different criminal and civil advocate as he only deals in Banking matter with tribunals.
Sirs, as a lay man, I also feel there is gesture of cheating by someone(may be Banker, its agent with one of the Director) but I am not getting confidence and courage and is also shakky as to if I am at all authorised to file such criminal and civil case and if filed, shall I get any benifit or any justice.I am fighting tooth and nails to save my flat without much results so far and as a family of limited sources and help, the matter is really big and of big tension to me.I am not asking you with any remark against my current advocate but as he is not fighting criminal cases he is advising to so with other one of the subject.Hence i seek your opinion about my right and ways and means to stop such level of cheating..Please give help..Thanks, urgent matter please.
Arjun
16 February 2016 at 23:44
I used idea sim that I lossed two months ago..
I didn't paid bill till now
I sad send your person and take a payment but till now not taken payment...
Now they are complaining we are going to High Court of Delhi. And Mumbai..
Mangesh Ghogale
16 February 2016 at 16:12
Dear Sir,
I left my last Organization in May 2015 with proper handing over of my job responsibilities to my successor. Cleared all formalities and was relieved officially by my last organization where I served for around 7 years. It is a Diversified National conglomerate of India. They paid my Gratuity and PF was credited with PF Organization. However as on date I am still not paid with my Full and final settlement amount which is in six digits.
Can you Please advice how to deal this situation as I need my hard-earned money at the earliest.
Thanks & regards,
Mangesh
RAJESH BENIWAL
15 February 2016 at 23:54
I want to start a finance business in which i will provide small loans up to 50000 to my clients. So Is there any licence for Money lending business? or Shop and establishment registration as Finance business category is works as licence? if there is separate licence then only licence is enough or both is required? If licence is necessary then in jaipur how can i get this? Please give me a detailed procedure for applying licence and charges etc.
And please tell one more thing that i am operating this business from my home so d i need do registered under shop & establishment act?
And yes i am going to do it as sole proprietorship.
Thanks in advance.
Vijayalakshmi
13 February 2016 at 20:50
If an investor of a mutual fund requests to mark a normal lien and the financier requests for a dynamic lien, which one should the mutual fund act upon
Giri prasath
12 February 2016 at 23:25
Hi,
I worked in a MNC company...due to.my family issues I had to releive immediately. And I explained my situation to my manager and HR. They understood my situation and releived me. But they didn't provide me relieving letter as it was sudden releiving. And now I got offer from another MNC but they are asking my releiving letter.
What should I do...please give me your valuable suggestions.
Riya
09 February 2016 at 23:14
Please provide me the sample of DEED OF SOCIETY which is going to form in West Bengal, Please its urgent.
Saima
04 February 2016 at 18:56
I resigned without serving the notice period. I took maternity leave of 3 months but wanted extension of 1 month. Extension was not approved so I resigned without serving notice perio as my 2 months old child was not in good health. Company denied relieving letter that time. I have resubmitted the request for relieving letter now. Please advice if I could take any legal action to obtain my relieving document.
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Shares held in depository a/c with a private bank
My family has a HUF with My Husband as Karta, myself(Wife) and Two Major Unmarried Daughters as its Members.We has a Depository Account with a private bank and shares of about 10-12 lac is lying the account.My Husband died two months ago without any will or so.As advised by CA we reconstituted the HUF Deed and Myself became karta and my two daughters as members.We decided to continue the HUF in its current form and do not wish to dissolve it as we have our flat also in its name.The normal Bank account has been allowed to continue with new arrangement and with my signature.But the Depository account has been kept suspended and the Bank says that they shall not allow(as per guidelines of NSDL) to operate the existing Depository account by myself with my two daughters as members.Instead they would transmit these shares to my and my daughter"s Depository accounts only and for that also they would need one of these three:
01..Registered Partion Deed if myself and my two daughters desire to distribute all shares equally among ourselves as Hindu Succession Act & Hindu Women Equalk Right to Property Act., 02. Succession Certificate entitling any of us to become benificiary of these shares and 03. Copy of Registered Family Settlement/Arrangementfor transfering the sahres to all/any members in a manner we desire."
Please tell why we are not allowed to continue the existing HUF Depository account as operative with change of constituion as in the case of normal banking acccoiunt?
If this is not permitted then what should we do.The Bank informally suggests to go for option No.03 as it will require lesser formalities.
Please thro light on the subject, so we can act accordingly. Local legal/CA advises vary and Bank is adamant on its own requirement.
thanks in advance.