inderjeet
10 March 2017 at 18:07
Defendant not filed written statement and submitted application u.o 7 Rule 11. Reply to same was filed. Next date is for consideration. My query is that at the stage of consideration do I need to produce any evidence, witness and citations to prove my case.
raghuvenu rao
09 March 2017 at 18:44
Respected sir
what is injuncntion order and how much time it stand what is limitaion act for this.
2}what is peripetual injunction order and what is time limit for it .
kindly reply me ..thanking you experts
ksv nageswararao
09 March 2017 at 15:35
What i have to do now ? Pl advise me sir
ksv nageswararao
09 March 2017 at 15:14
A civil case in senior civil judge court comes for judgement on 19 th february 2016 and still adjournment of judgement going on and what i have to do now ? Can i approach the highcourt for interim orders.anybody have any solution pl give me your valuable advise
Kvijay12345
09 March 2017 at 13:39
Dear Sir,
I took the Home loan required from the multinational private Bank in Feb 2008 & continued to repay the loan till Feb. 2009. In December 2008 on my request to the Bank , I received the copy of my Home Loan Agreement in which I found many irregularities such as the rate of interest was changed from 8.5% to 12.5% by overwriting in the loan agreement without my knowledge and consent. There are several over writings from the coverpage itself to the end page of the loan agreement throughout. My and wife`s signatures are subsequently forged. The loan agreement is subsequently forged. Hence I sought the clarification from the bank and intimated the bank that if I do not get the clarification , I would stop the repayment of the loan. Even after this when I did not get the satisfactory reply from the bank, I stopped the EMI on loan from Feb 2009 onwards. Afterwards the Bank denied my allegations and hence I got my signatures checked from the Forensic & Handwriting Expert and sent the copy of this report (in which it was clearly stated that the individual signatures were of not one person and were forged) to the then Chief Executive Officer and Managing Director of the Bank.But instead, looking for the ways to resolve the dispute in 2010, the bank sent me a notice under the SARFAESI Act, which was duly replied by me immediately. I stated in reply that due to the forgery committed by the bank the loan agreement has already become null and void and in absence of the valid loan agreement the bank is no more a secured creditor and hence the notice was wrong, illegal and invalid and therefore the bank can not enjoy the benefits of a secured creditor. after my reply to this notice, the bank did nothing, hence I was forced to complain this matter to the Police. But the Police were also hesitant to accept my complaint against the Bank, hence finally in 2012, I approached the hon`ble. High Court by the way of Writ Petition, in which The High Court Directed the police to register the F.I.R. immediately under the various IPC sections like 420,467,468,471 etc. against the bank to investigate the matter at the earliest.
As on today the F.I.R. is registered against the Bank under the various IPC sections 420,467,468, 471 etc. and the investigation is going on. The bank is trying to rub off its responsibility saying it is not their fault as the loan was processed by their DSA. The DSA people including the Head of the DSA and then Branch Manager who processed the loan are absconding and hence there is no arrest yet as the police are searching these culprits and at present the matter is pending in the metropolitan court. As on today the concerned flat is in my possession. I have learnt that the loans processed by the DSAs appointed by bank does not carry any legality; as these DSAs are not the employees of the bank.
Recently I have received the summons of the O.A case filed against me in DRT-II, Mumbai. The bank could not file the S.A. (the case as a secured creditor) as the agreement is forged, bogus and illegal. According to the knowledge received from my sources an O.A. still requires a valid loan agreement. Further the genuineness of the documents is not proved yet as the matter is currently pending in metropolitan court and the F.I.R. is registered against the bank.
The bank has filed an O.A. relying on the forged and fraud documents whose genuineness is not proved yet. This means that despite of my notice to the bank not to misuse the alleged loan documents, the bank has executed all the false, forged, bogus and fraud loan documents alongwith the loan agreement. In the wake of this, I wish to ask you that just relying on these herein above mentioned forged and bogus documents as there is also no valid agreement for filing O.A. how could the bank file the O.A.? Is this matter maintainable in DRT-II ? can the defendant make a counter claim in DRT II against the bank for all the wrong doings? What are the other legal remedies available for the borrower to sue the bank? What other steps can be taken against the bank for executing the fraud and bogus documents including the loan agreement? please let me know.
Thanks
PEACE KAMAL
08 March 2017 at 22:46
We r 3 brothers.My father had bank'fdr of which one of the brothers was apointed as nominee .on the death of father he withdrew the amount of all FdR's.and did not divide the amount and gave us our share. He appropriated entire amount towards himself alone. Can we claim our share by filling suit in the court.whether as per law we are entitled to claim our share. Can we request honbble court for injuction on the amount withdrawn by my brother from Bank
Rama Seshu
08 March 2017 at 22:29
We are a Hindu family of two brothers and two sisters from Andhra Pradesh
My father purchased a House property in 1970's with his self acquired wealth but registered the property in the name of mother and himself.
My father left a registered will written prior to mother's death stating clearly that in the event of my mother surviviving father , she would enjoy the possession of the property without right to sell. As per the will the property is to be divided between my brother and myself in equal share . My mother predeceased father in 2006 and my father passed away in 2009 .
The mutation of the property is complete following my father's death successfully in the name of my brother and Myself
Now experienced deed writers in our City are raising questions about share in the property to each of my sisters .
Following are the three possible options as per my limited understanding
Option 1 : Following my mother's death , the property would completely gets transferred to my father and my sisters are not entitled to any share .I read in these forums that Joint Tenancy / Tenancy in common and survivorship are not applicable to Hindu law
Option 2 : Based on Section 8 of Hindu succession of Act , the each of my sister would be entitled to 10% ( 1/5 th of 1/2 . Father and four children are entitled to share on intestate deaths)
Option 3: Each of my sisters would be entitled to a share of 12.5% ( 1/4 of 1/2)
We have no disputes and would like to register the property division the right way
Thanks
Chitra
08 March 2017 at 20:09
Myself and my husband bought property in my name
I contributed 20% of down payment and registeration charges
He ceontributed remaining through home loan
He is the applicant and I'm the co applicant in the home loan
I'm a home maker but I have rental income from properties which is equal to home loan emi
It is just 3 emi taken from my husband account
My mother in law says even property was bought in my name she has all the rights in that property.
I'm really afraid cause I invested huge amount in this including renovation
By any chance can she claim for my property
My husband is very nice person, but my in laws are very greedy
In worst case anything happens to him can she able to claim on my property
Please help
Rajkumar Nanubala
08 March 2017 at 14:57
I am the only daughter. A house is registered in the name of my father and mother. My mother expired. Now my father wants to put house papers for loan. He bought the house with his pension pf. Now without my consent can he sell or take loan on that house. Who are the legal heirs of my deceased mother. My father is a drinker. He has debts from different persons. Am I responsible for his debts after him. Without my knowledge he took debts. Please clear my doubts.
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Cost not paid on setaside order
Dear experts i have one quary. There is a contempt proceding pending before civil judge. I am on behalf of defendent no.2 it unable to file my say on contempt application within 90 days. Hence court passed NO SAY order against me. But including some reasons i filed delay application with my say. After argument court set aside NO SAY order by imposing 1000 Rs cost to me. I failed to pay cost on next date hence court again set aside the order which is passed on last date i.e setting aside of NO SAY order. It means again NO SAY order is there against me. After this scene i filed one application u/s.151 of cpc for deposting cost amount in court and prayed to set aside the NO SAY order .
I want to from experts, if court rejects my application then where will be the appeal? Directly high court? What is the aolution tome to get the order set aside.