Riya Sharma
09 November 2013 at 18:14
Hello,
I need expert opinion regarding time barred claim.
We took an educational loan in 2007. Till 2009, we paid all the EMIs regularly. Later the bank misplaced/mishandled the loan details and refused to accept the EMI. By mistake they saved it as a Housing Loan instead of Educational Loan. Even after repeatedly asking for the EMI details, they didn't give us any details of outstanding loan amount. Therefore we stopped paying installments. There was no notice sent by the bank till 3 years.
After 3 years, in 2013, they called my father and asked for the payment. My father knew about the Time Barred limitation and hence he didn't give any acknowledgement to the bank. My father asked them to send a legal notice but the bank manger didn't send us any notice (as he knows that they can't get the claim legally after 3 years).
One month back, some amount was debited to the account for Income Tax rebate. The Bank is not allowing us to take the money from the account anymore saying that it is a "Freeze Account" in lien of the unpaid educational loan. The amount is shown as a ledger transaction not available for withdrawal. The available balance is shown as negative amount.
Is it legal for the bank to lien a account for a Time Barred loan? What can we do to withdraw the money from this account? Please advice us regarding this.
Thanking you in anticipation.
Best Regards,
Priya.
Riya Sharma
09 November 2013 at 18:13
Hello,
I need expert opinion regarding time barred claim.
We took an educational loan in 2007. Till 2009, we paid all the EMIs regularly. Later the bank misplaced/mishandled the loan details and refused to accept the EMI. By mistake they saved it as a Housing Loan instead of Educational Loan. Even after repeatedly asking for the EMI details, they didn't give us any details of outstanding loan amount. Therefore we stopped paying installments. There was no notice sent by the bank till 3 years.
After 3 years, in 2013, they called my father and asked for the payment. My father knew about the Time Barred limitation and hence he didn't give any acknowledgement to the bank. My father asked them to send a legal notice but the bank manger didn't send us any notice (as he knows that they can't get the claim legally after 3 years).
One month back, some amount was debited to the account for Income Tax rebate. The Bank is not allowing us to take the money from the account anymore saying that it is a "Freeze Account" in lien of the unpaid educational loan. The amount is shown as a ledger transaction not available for withdrawal. The available balance is shown as negative amount.
Is it legal for the bank to lien a account for a Time Barred loan? What can we do to withdraw the money from this account? Please advice us regarding this.
Thanking you in anticipation.
Best Regards,
Priya.
Siddhi Agarwal
09 November 2013 at 16:41
The execution filed by me in 2011 is still pending due to frequent vacant court at Dindoshi Court and so far 5 judges have been transferred. a) Out of 5 families of sons of late father who expired intestate only two families are opposing the execution petition to knock down huge extra money from me (petitioner)although they have accepted the consent terms filed in the court. b) These two families are of criminal mindset with back ground of forgery and theft etc and are occupying the two flats as permissible user subsequent to Consent Term filed in the court in 2009. The rental value of these two flats id Rs.80000/- pm. Now my queries are as under: 1) Can these families be made liable to pay the share of the rental value as they are just the permissible user and the fact they are living in the two flat without any rent. 2) Can the execution petition be challenged and making it time barred on the basis of a judgement of a high court AIR 2005 Delhi 154 Novartis v/s Wander P. Ltd. inspite of the fact that the two defendant families are involved in forgery and thefts etc. 3) Each petition is of specific nature with diff. circumstances and documentary. Experts pl. guide and help in the matter. evidances
Annu
09 November 2013 at 11:17
I AM RESIDENT OF JAIPUR
BOTH OF US FULFILL CONDITIONS OF MARRIAGE SUCH AS AGE ETC.DO WE ACTUALLY NEED TO MARRY IN A TEMPLE OR AT ANY OTHER PLACE FOR OBTAINING MARRIAGE CERTIFICATE OR CAN WE DIRECTLY APPROACH COURT AND ASKIN COURT TO DECLARE US MARRIED IF BOTH ARE GIVING CONSENT?
KINDLY GUIDE ME THROUGH THE PROCESS AT THE EARLIEST?SIR,
Vyas Desai
08 November 2013 at 20:36
There was a partition between my father, grand father and great grand father when my father was a minor. The High Court has upheld this partition. My major Brother and my mother and me as a minor represented by my mother filed a suit for our shares and we were awarded 1/4th each in our father's property. The claims in my grand father's property were rejecting holding them as his absolute property. My great grand father had made a will to his wife regarding the properties he got from the partition. My great grand mother died intestate leaving it to her only son i.e. my grand father. The FDP proceedings are pending. I have attained majority. It has come to our knowledge from my grat grand fathers will that some of the properties which were held by the High Court as the absolute property of my grand father are but those inherited by him from his mother who inturn got it from my great grand father through will. My grand father before his death along with his properties has also willed to my aunt those property which belonged to my great grand father after partition. Can i claim equal share in it as my father is his son and he has right in that ancestral property?
Irshad
08 November 2013 at 20:27
Hi,
Pls let me know wat action can be taken against the daugher in law for harassing my father and mother as they live separately in home which they own.
My daughter in law wants share in tht property and my brother(her husband) is dead 8 yrs back.
she stays with her parents past 8 yrs but now she is visiting my parents home frequently and harassing them as they are elderly person and are affected with bp, diabetes etc..and they dont want her to come to there home.. Please guide me wat can be done legally to take action against her , does police complaint works..please guide me.
Regards,
Irshad
Sanjeev Srivastava
08 November 2013 at 17:56
Hello Sir(s) / Madam(s),
We are only daughters (no sons) of my father. The ancestral property in the name of my father got transferred in the name of my mother after his death in 1964. My mother also died in 2008. Our cousins (our uncles’ sons) kept us in dark and got the property transferred in their names by unfair means. We came to know about this in May 2010.
Our mother had written a registered will to distribute the property equally among us daughters. On the basis of this will we had reclaimed the property in our names by contesting a case in tehsildar's court for the last 3 years.
Now our cousins have challenged the will in the civil court, giving following reasons:-
1. 1. That the will was written under influence of our husbands.
2. 2. That our husbands have signed the will as witnesses.
Please advise us on the following points-
1. 1. How and who will prove that the will was written under influence?
2. 2. Is there anything wrong if our husbands have signed the will as witnesses?
3. 3. As we are natural legal heirs of our parents, Is not a sufficient enough ground to dismiss the case?
Ae An early advise will be highly appreciated.
Thanking you all in anticipation.
Regards
Venkateshbabui
08 November 2013 at 14:35
Donor(Hindu) had signed the gift deed without reading it, and got it registered. Donor haven't given the possession to donee, Donee is married hindu and not staying with donor. As per the Gift deed act - When the possession is not given, the gift is incomplete and can be cancelled. Donee has taken the advantage to the old age and and Donor's mind was not with the signature when gift deed was signed nor Donor was knowing the consequence of gift deed, Donor has no other house.
M Sudhakar
08 November 2013 at 08:06
Evidence marked - GPA not marked - Now for some serious reasons I doubt the entire evidence submitted and marked by my Lawyer - Since I can not change the marked evidence,
What happens now if I refuse to continue as GPA in this case instead of getting it marked ? How to get my GPA revoked ?
- Jagan
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