New_User15
09 June 2017 at 23:47
Hi Experts,
I have the below query
Assistant collector RCS Delhi, is attaching the salary of my brother who works in AAI. Below are the facts
1. My brother is member of multiple T&C Society, and he has given surieities of people also in multiple socities.
2. All this membership was made by agents of respective socities, who got all the documents , surieties executed.
3. On receiving the membership, my brother has taken loans/credit from various socities.
4. In cases where my brother is surety ( every member has 4 suirities ), and the Principal borrower is not repaying the loan, Assistant Collector has been sending order to his office for salary attachment for recovery of dues of Pricipal Borrower.
4a. SOme of the members are working as government employees, and some are not working.
4b. No action has been taken against any other suriety for same Principal Borrower.
5. When salary attachment for surities was not enough , Assistant Collector issues attachment letter to Bank where the salary of my brother is credited.
6. Assistant colelctor in collaboration with all T&C society has taken him as an easy pray to recover the money and has trapped him.
7. Due to all these attachments, he is not able to repay the loans taken by him.
8. His salary and bank account to the extent of 95% has been attached, and he is left with no money to run his livelihood.
Now my query is:
1. Is Assiatnt collector in legal rights to issue all the attachment letters against my brother only and not catching any of the Principal Borrowers.
2. Can a legal action be initiated against Assistant Collector for misusing his duities and collaborating against my brother.
3. How can the salary attachment be removed, so that my brother gets some amount atleast to repay his loans?
4. What sort of legal action be initiated against Cooperative societies for providing incorrect information to Assiatnt Collector, and trapping my brother.
Razul Gupta
08 June 2017 at 12:08
Hi everyone,my name is Razul Gupta.
I inherited some property from my grandfather directly(in 1999,when I was 11 years old),that includes 4 shops and the land behind it.Till now I was doing a job in Delhi after completing my studies,so my father used to take care of the property.Two years ago,I quit my job and started a restaurant on a rented property in Shahjahanpur,for which I used to pay Rs 20,000/- as rent. It has been few months since I closed the restaurant because of the highway broadening and reconstruction.
I am jobless now and literally doing nothing.
I want to get my property vacated from all the tenants to start my restaurant on my own property.
We do not have any agreement with the tenants(excluding one tenant with which my grandfather signed a 5 year agreement in 1995) and we do not issue any rent receipts.
Rent of the shops is also very less as these were rented 12-16 years ago. These tenants have grown richer now and have political connections so they simply refuse to vacate. Also they do not pay rent on time. Two of these tenants haven't payed rent since six months.
Kindly suggest how do I present my case before the court? Should I go one by one or file against all of them at once. Also, what would be the best grounds for eviction,that I should go with? Use of my property for personal use or non payment of rent.
Moorthi
07 June 2017 at 22:48
Hi
I executed a Settlement deed (Land) in favour of my brother on 15.10.2014.
But now my brother is filed a case against me for some other property issues.
Can i cancel that settlement deed now by way of court
is there any time limit to file a case for cancellation of that settlement deed
Ashish
07 June 2017 at 22:28
My mother who is a Senior Citizen and a heart patient, has filed a case with the National commission against a Builder for refund of amount paid since the apartment was not ready for possession as per the agreed terms and No Occupancy certificate is there.
But the Court is not admitting the case and had also asked the advocate to withdraw the same.
Can anyone please suggest whom to approach if the Consumer Court is not ready to listen to the grievance of the Consumer ?
Thanks
Shekhar
06 June 2017 at 23:09
A person is missing from Jan 2007. For civil death a suit has been filed in civil court in 2014 by the son of that missed person but after passing 3 years case is still pending. Is any other way to get the death certificate? A plot is registered with that missed person and son of missed person wanna sell it due to some financial problems. Please suggest best and quicker way! Thanks
hema
06 June 2017 at 19:17
Does the married women can have part in fathers property but they are chirstians
kranthideep
06 June 2017 at 19:01
Dear sir, may i know how to file the EP. and related order and rule.
how to attach salary?
Badri
06 June 2017 at 15:37
Hello sir,
I have filed a suit and got status quo from the court and the case is pending in court.
Meanwhile the opposite party is sending his henchmen threaten me and he is trying to sell the property. They have warned me that they will evict me by force.
Can I complain to police? And also can I pray to court to issue orders to concerned Sub registrar not register the suit schedule property as it is pending in court.
Can seek protection from police as the opposite party is sending goons in to my home in my absence.
Plz guide me.
gopal
06 June 2017 at 13:07
Respected Experts,
Long after i am posting my query here.
I have posted so many querys here and i have received valuable information from you. once again i am going to thank you all for that.
Respected sirs,
My and my near by agriculture lands was acquired by the NHAI for NH-205. The LAO calculated compensation Rs 22/per SQ feet. Unsatisfied Agricultural land owners filed a petition to the Arbitrator/ the District Collector for enhancement of compensation.
During the enquiry the Arbitrator/ District Collector asked to submit a document, previously any land owner got the higher compensation.
So I submitted a previous Arbitrator order awarding Rs 500/ per SQ ft for commercial land and 2/3 of the Agricultural Land (ie 2/3 of 500 is Rs 333 / per SQ ft). RS 167 (33.3%)is reduced for developmental charges from the original Value Rs 500/per SQ ft and Rs 333/per SQ ft for agricultural land.
The present Arbitrator send an order based on the previous Arbitrator order, but the calculation mistake happend in the Order.
Already the previous Arbitrator reduced 33.3% for developmental charges from the original amount Rs 500/per SQ ft and award Rs 333/per Sq ft.
the present Arbitrator must award Rs 333/Sq ft as like the previous Arbitrator, we are also eligible for the award
but in the recent order the present arbitrator again reduced 33.3% from the Rs 333/ per Sq ft and award Rs 222/per Sq ft.
Instead of reducing 33.3% from Rs 500/per Sq ft, the arbitrator reduced 33.3 from Rs 333 which is two times of reducing development charges.
Now I and land owners filed a revision petition to the Arbitrator/The District Collector to correct the numerical error and modify the Award Order.
Now I submit My querys before you the following
1) Whether the Arbitrator/the District Collector have inherent powers to modify their own order?
2) if they have inherent powers to modify their own order, under which act and which Sec?, they can modify the order.
3) is there any Supreme Court or High Court ruling in this regard ?, if so kindly provide the ruling
Respected Experts kindly provide the information above which helps so many agriculturists to get enhanced compensation with your information and thank full to you all.
Thanks and Regards
a.k.nandagopal
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Rti to assistant collector rcs delhi
Can the RTI be filed to seek information from Assistant collector RCS Delhi?
I want seek information regarding follwoing:
1. Under what circumstances, Execution of order is done to recover money from surity of Principal Borrower.
2. Are all surety equally liable to repay the amount taken by Principal Borrower.
3. Under what circumstances arrest warrant is issued against a surety for recovery of loan taken by Principal Borrower.
4. If recovery from salary attachment of surety for Pricipal Borrower is not done, what are the steps taken by Assistant Collector to revoer the amount.