Facelessman
10 July 2017 at 15:33
Hi, one of my friends had entered into an agreement with a bank to lease his land and building for the bank for nine years. When the agreement was entered, the property was in a suit along with other properties. (Suit claiming that the property was a joint family property and not individual. My friend was the respondent) There was no injunction, so the agreement was entered and the bank was paying rent every month. After nine years, he won the case and the decree was passed by the district court that the properties were individual and not joint family properties. After that the plaintff appealed the high court. My friend renewed the contract with bank for five years. After that the high court put a stay on the decree. Now if the appellant gets an injunction what happens to the agreement? Will my friend still receive the rent? Note: Second agreement was put after the appelant had gone to the high court and before the high court put the stay on decree. In case of selling properties when the suit is in court, I understand Doctrine of Lis Pendens will be followed. But what about agreements? Will my friend still recieve rent from the bank after the high court gives an injunction as the agreement was put even before the high court put a stay on decree and gave injunction on properties? Thanks in advance for the answers.
BHARTI KOTHARI
06 July 2017 at 20:07
owner has got notice from corporation of dielapted structure (s.354 MMC Act) by manipulating the authorities and then under the guise of said notice without giving notice to tanant it seems that the corporation has demolished the stracture when the tennant was not there without his consent and thereby dispossesed him. kindly suggest remedy.
Anonymous
01 July 2017 at 07:31
At a Trustees meeting (a Public Trust, duly registered with the Charity Commissioner, Mumbai) , there were only three Trustees present (quorum being 3). The Chairman of the Trust was absent due to illness and one of the Trustees took the Chair.
A topic on the Agenda was appointment of additional Trustees.
The Chairman of the meeting demanded that this matter be taken up and resolved at this very meeting as it was on the Agenda.
He PROPOSED the name of his SON IN LAW (husband of his daughter, and understandably residing in his very same house when in Mumbai- he has given his permanent address as Pune) to be a Trustee.
One of the other Trustees objected vehemently that being a Public Trust it is incorrect for it to be slowly converted into a "family run Trust" by inducting a son in law (who incidentally has never met the two other Trustees)- the Chairman wanted a blind vote on this.
And that in any case, the Chairman of the meeting, being an interested party and a direct family member of the applicant had no right to be voting on an "interested candidate as a son-in-law".
This was overruled by the Chair so the opposing Trustee stated that he was AGAINST SUCH AN APPOINTMENT unless the Chairman of the meeting stayed away from the voting as an INTERESTED PARTY>
Without the contents of the Resolution being drafted, read out and put to vote the Chairman, stated that by a 2-1 majority (his own vote and that of the third Trustee) the Resolution had been passed and that his SON IN LAW was now a Trustee for LIFE. My objection was heard but I do not know if my views/ objection will find its way into the Minutes which I presume will come weeks if not months later.
I seek the valued views of our Legal Experts on the panel as I dread that this is the first stage in the creeping takeover of the Trust by this Trustee and his family- the Trust has large holdings in property and assets.
I look forward to such views.
Anonymous
26 June 2017 at 11:24
dear expert
my father ex army man doctor was purchased 3 thousand sq foot land in alibag in 1st June 1989 in 10 rupees bond paper written & sign by owner & three witness. on 11th may 2011 my father was dead after some days we know that now land owner transfer his 20 thousand sq foot land to his son with kharedikhat in register office in 2005 now his son taking objection on it when we ask him to clear our problem & get our name in satbara we are living on this 3 thousand sq foot land in last 28 years & we are paying all grampanchyat tax of our home when we ask main land owner to clear this matter he told us now this land is in name of my son you ask him . & his son told us go to court if you want this in satbara pls give me suggestion what should i do .
bhanudassss
23 June 2017 at 10:15
Dear Experts,
In argument, can defense rely on admissions in cross-examination of plaintiff's evidence which is discarded for default of plaintiff?
Sundar S
13 June 2017 at 11:47
I sent legal notice my opposite party through an advocate for recovery of money.
But the party had not receivedthe notice, then I filed suit along with ABJ petition and court send summon to produce sureity and the party had not received the summon (specifically return).
In the above circumstances, kindly advice me how to face this issue.
New_User15
09 June 2017 at 23:54
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.
Rafath sultana
19 May 2017 at 18:16
Sir i paid the decretral amount as the high court orderd to pay monthly 15000 till the date of realization .awarded decree amount is 546000 is paid.
If thy again asked to pay intrest
Wht i need to do
My advocate need to send a notice or shall i wait for there action
Because when i asked thm to give the noc thy clearly refused and ask to pay more amount in one time settlement.
But high court granted instalment to me and i copmlete the high court order.the total amount i already paid.
Rafath sultana
19 May 2017 at 17:56
Sir i paid the decretral amount as the high court orderd to pay monthly 15000 till the date of realization .awarded decree amount is 546000 is paid.
If thy again asked to pay intrest
Wht i need to do
My advocate need to send a notice or shall i wait for there action
Because when i asked thm to give the noc thy clearly refused and ask to pay more amount in one time settlement.
But high court granted instalment to me and i copmlete the high court order.the total amount i already paid.
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Refund of rs 15.75 lacs paid for lease
After a trial stay at Melur Meadows Retirement, near Mettupalayam, Coimbatore, I became interested in leasing an unfurnished flat for five years, with a view of spending my last days at Melur Meadows.
Directors were in financial difficulties. I empathised with them and trusted them. To help them and for or the sake of future good will, I paid them 15.75 Lacs, full amount for the lease.
I have a signed receipt for the 15.75 Lacs paid.
That was in January 2016.
However, after studying the lease, and due to other issues, I decided not to proceed.
I did not sign the lease agreement.
The company (Melur Meadows Alternative Lifestyle Private Limited) has been holding on to my 15.75 lacs since January 2016.
In an email, a director did promise that they will refund the money.
But they missed two promised dates for making payments.
Directors have clearly broken their written promises to refund.
Now they are giving me all sorts of excuses.
One of excuses, about their inability to refund is:
They are in a dispute with DTCP (Department of Town and Country Planning).
So they can't sell any of the 25 remaining flats. They can only lease the flats but have not found anyone else.
I requested them to pay me a small interest on the 15.75 lacs, till they are able to pay the full amount
But they have not agreed.
The directors are now referring to clauses in the written lease agreement, such as 'lock-in period' for 3 years.
I pointed out that I did not read, let alone sign the agreement, before payment
Srinath argued, "why did you pay the amount?".
I replied, "I wanted to help you and I had the intention to lease. But for various reasons, I had to change my mind".
They stopped replying to my emails.
Do they have a legally valid agrument for not refunding my money?
I tried for many months. Have been patient, understanding and flexible.
But now suspect that they have no intention to return my money.
I am a 71 years old pensioner and can not afford to lose 15.75 lacs.
I require a lawyer in Coimbatore who is good at mediation for me and take legal action, if found necessay.
Job Chithalan
job_cf@yahoo.co.uk