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subhash chandra   30 March 2014 at 17:51

False affidavit in a suit

sir
How can i challenge False affidavit filed by one opponent.I am also one opponent in same suit. One opponent had filed reply and given false facts. He had given affidavit that "I certify that all above given statements & facts are true in my knowledge & legal points are true by legal adviser".
Sir I have documents of his recorded statement in A.C.M court jhunjhunu,Application given to Tashildar, verification of land stalemate. he has produce false affidavit in ADJ court.
Sir kindly guide me sections or the methods of law under which i can prove he is culprit in false Affidavit subhash chandra

Naga   30 March 2014 at 17:38

Property attachment

Dear sir


In property attachment case court attached property worng

1) court attached wrong door number as 6-45
but real door number 6-29
2) as per attachment in that place R.C.C building , but that is empty site on attached date.
3) property is gift Deed.

please advise me ,

sk..........   30 March 2014 at 14:32

Appeal reg.

The suit filed for mandatory injunction is dismissed in lower court,citing limitation ,now if I make appeal is there any chance .

Saber Allauddin   30 March 2014 at 12:43

cpc


Is it necessary to ask for consequential amendments and relief at the time of impleding petition u/or 1 rule 10 cpc

Adv.Vishal Anil Vyavahare   30 March 2014 at 11:00

Suit for specific performance/declaration

Hi Sir,
My clients father has made an agreement for sale in 1974 of agricultural land which needs permission of collector under prevention of fragmentation and consolidation Act of Maharashtra. And since 1974 possession of that land is with my client and also paid the full consideration amount.My client has approach him(seller) various times for sought the permission of the Collector and complete the Sale but he was avoided to did the same. He has passed away in dec.2013 after that names of his legal heirs has been entered in the 7/12 extract in Jan. 2014. But Crop Inspection is bearing my clients name as my client is cultivating the land since 1974.

So can i file a suit for specific performance to complete the sale deed by getting the permission of Collector?

Is there any issue regarding limitation as my clients were always ready and willing to complete the transaction as whole amount was paid at the time of agreement to sale? as it is responsibility of seller to sought the permission of Collector and complete the transaction.

If issue of limitation is arise, Can i file the Suit for Declaration for ownership by virtue of Adverse Possession. as my clients having uninterrupted possession from more than 12 years ( i.e. from 1974).

Please suggest with proper provisions and case Laws.

Thanks and regards,

Vishal A. Vyavahare

Advocate. Mob 09371821992.

R.S.BANERJEE   29 March 2014 at 23:27

Can bank take possession based on agreement for sale

Brief fact of the case is :
- Bank has provided Home Loan to a borrower based on the 'Agreement for Sale'.
- For five years the borrower has paid EMI but the Possession has not delivered to the borrower.
- Now the borrower stopped paying EMI.
- Bank initiated Sarfaesi proceedings.
- Bank approached to DM u/s 14 and DM has issued the order.
NOW the question is, Can bank take possession based on the 'Agreement for Sale'?
- When the possession is not yet handed over by the Developer, and when there is no 'Sale Deed' executed yet, can this property be treated as a 'secured' property under the terms of Sarfaesi Act, 2002 ?
-Can DM issue order u/s 14 under such circumstances ?

krishna mohan   29 March 2014 at 18:54

Compromise with defendants

We are plaintiffs in civil case(partition of immovable property) in ap hc.there are two defendants.is it allowed to compromise only with one of the defendants as he is ready to compromise with us leaving the other defendant?
Kindly suggest.

Reshma   29 March 2014 at 17:06

E-stamping

Can e-Stamping be done after execution of documents. Unlike franking, is there not a possiblity of misuse of stamping old documents with recent dated e-stamps, pls clarify?

Reshma   29 March 2014 at 17:04

Affidavit

Hi,

1. Do we have to buy a stamp paper for Affidavit or can it be on plan paper and then notarised by a notary? I heard people saying it has to be Rs 20 stamp paper or higher. Pls clarify.

2. Is an advocate's signature required in an affidavit. Or can it be just the deponent and the notary?

narasimharao   29 March 2014 at 15:40

Bank sale property registration

Respected sir,

I have purchased sbi bank auction property, the property all ready mortgage with 3 more persons.
Now bank is going to do registration on my name.
Is there any legal problem to me.
Bank has no mortgage registration.
Bank management told that first mortgage with us only and ours is equity mortgage.
pleas give me suggestion.

narasimharaoarza@yahoo.co.in