anandakumara
27 July 2012 at 11:23
The mortgage was executed on 1945, which limitation act will considered for the suit filing for redemption of mortgage by mortgagor. The Limitation act 1908 OR 1963.
How to compute the time for the limitation of filing the redemption suit. OR for the foreclosure of the mortgage??.
alok
27 July 2012 at 10:17
My father has taken a loan of Rs.60000 on a land from a cooperative
society registered under Uttar Pradesh Sahkari Samiti Adhiniyam 1965
for a period of 20 years. Now after 14 years we have paid an amount of
2.79 Lakhs on it and according to Cooperative Society, still we have
to pay almost an amount of 1-1.5 lakhs to get our property released.
Here i would like to mention that it was a surrogate loan. I mean my
father took the loan by signing the contract with the cooperative
society and then the cooperative society further took the loan by
signing the contract with Uttar Pradesh Sahkari Sangh on behalf of our
property. The society informed us about it and bounded us with the
rules of both the contract.
My query is whether i can get this contract rescissioned after 14
years and get my money i.e 2.79 lakhs recovered which i have paid for
repaying the loan because within the last 3 months i have come to know
that the contract signed by my father is almost void. One more reason
is the deficiency of service by sangh and the cooperative society.
Regards
Alok
official person
26 July 2012 at 17:33
i resigned as a partner and director from a construction company last year.My release deed states my share of investments and profits will be handed over to me once construction of new project starts. Now my partner is trying to sell our office premises(which is the companys name)without my consent.What civil or criminal action can i initiate. also i want my share of investments and profits back immediately.What action can i take?
medappa
23 July 2012 at 19:09
My query is:
Will s.232 of the Indian Succession Act be applicable to Sikhs?
Could you provide me with any caselaws to back your answer?
Ramesh
20 July 2012 at 11:44
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family, my Grand Father had given a lease in an an inam land on a permanent basis to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Only an area of Ac7-07 guntas; which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised in a ratio of 60/40 in favour of litigant/ lease holder.The compromise deed is signed by the GPA holder(who he is not authorised; condition to compromise is not written in the GPA).
Please go through the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file i am posting the same here, please; Issue No.1: What was the extent of the land leased out to Mrs.'k’'s husband?
The appellate authority held that the entire area ad measuring Ac.49.39 guntas was leased out buy late Sri.'B' in favor of late Sri.'N', in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri.'PR', made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri.'SuR' submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri.'Su R'. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
my question to ALL EXPERTS of this distinguished forum is:
How, 1) i can win/over come this compromise entered by the GPA holder.
2) i can convince/win courts confidence in establish that the lease holder version is wrong, and my version is right.
Thanking you ALL in advance,with a request for an early reply please.
Anand Mehta
19 July 2012 at 04:26
Dear Experts, I am hoping if some one can help me sort this matter out.
..regarding correction required on my mother’s passport for her date of birth.
My mother Smt Nirmala Shah ( Last name before marriage) who hails from Khandwa( MP) India, was born on 7th July 1946. Inadvertently her date of birth was mentioned as 8th July 1946 on birth certificate. We recently realised this error when my mom's passport was expired and when we applied for passport renewal.
The New passports and old passport however mentions my mother’s old date of birth, inspite of me providing the correct date of birth at the time of renewal on application form. As my mom's documents in the US like the US Green Card are correctly based on 7th July 1946, we feel it is very necessary to get the passport date corrected as it creates issues at the time of travelling overseas. So we got the correction done on her Municipal records and they issued a revised birth certificate..after we let them our concerns via a collector's office.
Even on submitting the revised birth certificate the embassy is insisting on First class judicial magistrates order. I am not sure why a birth certificate is not being accepted as a documentary evidence..when even their website mentions that its an acceptable proof. I have given up the hope but want to give my best shot to sort this issue.
I hope someone can help me and guide me..as my mom being born in a smalltime town..its hard to find good lawyer.
Other detais:
Incorrect Date of Birth on Passport: 08th July 1946
Correct Date of Birth 7th July 1946
I dont have any other documentary evidence of my moms date of birth, other than my grandfathers afidavit which we used for procuring/ammending municipal records.
Thanks for all your help
Name :Nirmala Gajendra Mehta
Place of Birth : Khandwa, MP India
Thanks
Regards
Anand Mehta
sharad raghav - 9990549475
16 July 2012 at 20:57
hi experts,
as we all aware about the rate of stamps duty on sale deed which is 6% in delhi.can u plz tell me how is it? actually if go by item no.23 of schedule-1 of rate of stamp duty then we find its 3% but every document(sale deed) executed with 6%...why is this so?
thnx
Anushkumar
04 July 2012 at 17:29
Our Company wishes to obtain a ITES certificate from Directorate of Industries, Maharashtra Government. The Maharashtra Government warrants an decelaration in Form ELP-2 - Form of Declaration for employment of local persons
As per this form, the Company should recruit 80 percent of the work force who are locals of Maharshtra or who are staying in Maharashtra for more than 15 years. A copy of ELP -2 Form is enclosed. In this regard, we wish to know the following
1. Which law governs the above condition
2. What are the requirements/ documents that needs to be maintained.
3. What are the penalties in case the above condition is not met
4) Are there any mandatory filings to be made to the labour department related to this declaration
5)Is there a option to seek exemption or relaxation from above condition
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Registration value issues
Dear Sir/Madam,
we(seller) have made sale agreement of our ancestral property one year back (residential area) in Tamil Nadu. Due to various issues not able to register it. In the mean time the GLR value of site got increased to 3 fold more the agreement value. Now if we are selling it as per our agreement, can the purchaser buy stamp duty as per present GLR and get mentioned in the registration document the only agreement value?
Next even if we are allowed to do like that, whether tax deduction for capital income will be calculated for the registered value or the agreement value( as our agreement value is 3 times less than the present GLR, if tax calculated for registered value we would be paying the whole transaction amount to tax only)