nagarajupatro
23 August 2013 at 18:48
Dear Experts
Good Evening
A has obtained loan of Rs. 70,600/-from B basing on mortgage of his with B, with registered mortgage deed executed on 28/08/2001, in that regd.mortgage deed A agreed to repay the debt with agreed rate of interest @ 2% within 3years. But he failed. Recently A approached B to pay the amount along with interest of 1% on the debt borrowed basing the regd. mortgage, for which B has denied to receive the payment of A and demanded to repay the debt with agreed interest of 2% at single time only. A can pay the debt in installments only.
Whether A can start legal proceedings, if so of which type, can he approach the court by filing a suit for redumption of interest??
What is the limitation of such mortgage?
After the completion of limitation who can take steps in the court??
Whether B can sue A and file a suit of sale of the said mortgaged house after 28/08/2013?? as 12years ( adverse posession) completes??
A needs time for repayment in installments and ready to deposit the principle amount of Rs. 70,600/-immediately and will pay the remain amount of interest, in such case how he can approach the court, which suit he has to file??
Please respond immediately and guide
sk..........
23 August 2013 at 17:20
In civil case ,i have to file application to file addtional documents,pl.mention
1- u/o rule and section if possible
mahesan
23 August 2013 at 15:45
Minor's Father and mother both died
Father's mother(grandmother) Entitled to file the suit behalf of minors?
Sachin
23 August 2013 at 13:32
hi i am the landlord of the shop in west delhi and my case is is dwarka court my tenant refused to admit me as his landlord or my tenant so i filled the case however i donot have rent agreement neither i have rent reciepts it is misplaced while shifting but i do have the original documents of my property which shows that i am the owner of that concerned properties after 3 hearings today issues has been raised and the next date is on september where the tenant lawyer will cross examine me with my property papers so please help me for cross examination as this is my first time in the court and help me to win the case what should i do and how i prepare myself for all that
Raj
23 August 2013 at 12:48
OWNER FILED A FALSE COMPLAINT/FIR to shiled their offence / Quashing of the same & to get X-Party-Injenction
Dear EXPERTS,
I am the tenant for a small office space in a part of the house, for fixed lease period of 3 years for 6 Lakhs on returnable basis after completion of the period(July2011 to July2014). House owner is a widow & the complete things are managed by his son-in-law.
They were asking/harassing me to immediately vacate the place from April-2013 onwards. But I told them, I need some time since I need to look for different place. But they didnot listen.
On 9th May 2013 on the pretext of discussion they called me to their house & started same old harassment & suddenly son-in-law tried to attack on me physically by closing their house doors;some how I managed to escape from their, but he chased me around few yards on the road near; Driver & security came to my immediate help & after seeing them he went back. The same day a complaint was lodged with local police; They booked NC case & advised him in the station to not to man handle me & sort the issue legally; Further to this he continued to harass me & call me on my phone; I didnot pick up his calls.
On 7th July morning he came to my house to attack on me with 4 goondas to attack on me, but on calling police, he ran-off. The same day complaint was lodged. But again police made an another NC case, without making a FIR.
But the very next day ie on 8th July 2013, they broke open my office keys & put their locks restraining me to enter into my office & also they removed my office board.
Immdediately a complaint was registered with local police, with the previous offfences, where police had made it NC(Non-Cogizable cases. A FIR was made with due pressures from higher police officers(after meeting & explaining them) under sections of IPC 341, 352, 427 & 506 on 9th July 2013. Police allowed some time for him without arresting & he surrendered in court on 12th July 2013 & took surety bail.
After submitting all the documents like LEASE DEED signed by mother in law(notarized), Office License copy(notarized), telephone bills & BESCOM bills & paid receipts, Office photo with the board, inside photos etc, eye witnesses regarding all the offences, location Mahajar, Mahajar witnesses etc they prepared CHARGE SHEET on 27th July 2013 on him.
After this I was waiting whether they will learn from their mistakes & they may allow me for entering my office; But they didnot & also they did not heed to couple of times police inspector telling them compromise. On the contrary they started harassing me falsely saying we have given the premises for rent not for FIXED LEASE for three years period, but didnot submit any documents to prove.
In the meanwhile I was operating from my house with a laptop, waiting it to be solved at station level furhter, WITHOUT FORCEFULLY OPENING MY OFFICE by BREAKING OPENING OF THEIR LOCKS, since he had appointed a private security personnel.
On 12th August his mother-i-law, owner of the house files a false complaint & FIR on me saying she is not aware of the offenses made by his son-in-law & came to know recently(10days back) about the FIR filed on him & came to know about the LEASE document I have submitted to station & says it is not signed by her & falsely fabricated by me under sections 468, 471 & 420.
She also falsely says in the complaint that from March2011 I am their for Rs7000/- rent & Rs1 lakh advance, Initially I was paying rent later on not & the rent agreement was for 2 years & I have vacated the premises overnight in the month of April 2013 etc.
On 9th May 2013,initial counter complaint by her son-in-law on me says we met in their house, regarding increase of rent but in her complaint says I have vacated overnight without informing in the month of April etc falsely fabricating.
Neither she nor her son-in-law produced any document regarding rental agreement in support of their complaint/FIR. Even after falsely filing an FIR on me 0n 12th July 2013, till date she has not submitted any documents...to their case.
When son-in-law attacked on me on 9th May 2013 at their house & he gives counter complaint we met to discuss increase of rent & also came to my house attacking me on 7th JULY2013 & vanishes before the police could turn up & on both the occassions NC-complaint has been registered in the POLICE STATION & also enterd in the station diary ; how can she state in her latest complaint that I have vacated the premises in the month of APRIL-2013(big FABRICATION & it is clearly shows-up primarily).
I have all the telephone BSNL & BESCOM BILLS/RECEIPTS after April 2013, how can I pay them if I have vacated in the Month of APRIL2013.
Also as she falsely says I was not paying rents properly; there is no definitiveness in the very statement. There is neither any complaint or notice being served by her for not paying rents???
Also there is no reason for me to leave behind Rs.1Lac advance & vacate overnight(Again flase)???
I was nowhere in pisture with them in March 2011, but they say Agreement was for 2 years from March-2011 ( Again False, HOW CAN THEY CREATE A FALSE AGREEMENT DOCUMENT SIGNED BY ME?)
On whose permission they have broken my locks & put their locks??? Have they taken any court orders to do so or have they informed local police before BREAKING opening my OFFICE LOCKS & forcefully tresspassed my OFFICE ILLEGALLY??? NOTHING IS THERE!!!!!!!
NEITHER POLICE HAVE INFORMED ME ABOUT THE FIR FILED BY HOUSE OWNER ON ME on 12th August 2013 (I CAME TO KNOW ON MY OWN) NOR THEY TAKEN ANY ACTION ON ME....
IT IS VERY CLEARLY SHOWS PRIMA-FACIE IT IS FALSELY FABRICATED.
I HAVE NERRATED ALL THE POINTS/arguements ABOVE...
AFTER 12TH AUG 2013 filing of FIR/complaint, I UNDERSTAND SHE HAS NOT SUBMITTED ANY DOCUMENTS WITH RESPECT TO HER COMPLAINT/FIR (ALMOST 10DAYS)....
KINDLY ADVICE HOW TO PROCEED..?
DO I NEED TO TAKE ANY BAIL/ANTICIPATORY BAIL FOR THIS...??
SINCE THE PRIMA-FACIE ITSELF SHOWS IT IS FALSE WITH TWO DIFFERENT VERSIONS OF COMPLAINT FROM HER & SON -IN-LAW ETC... OR
STRAIGHT AWAY WITH ALL THE VALID DOCUMENTS & EVIDENCES SAID ABOVE SHALL I MOVE FOR QUASHING OF FALSE FIR LODGED BY THEM?
FURTHER SHALL I BREAK OPEN THEIR LOCKS & ENTER MY OFFICE PREMISES & SEE WHAT MESS UP THEY HAVE MADE INSIDE MY OFFICE & TAKE FURHTER LEGAL PROCEEDINGS ON THEM ??
FURHTER FILE A COMPLAINT/CASE ON OWNER FOR DEFAMATION & ALSO UNDER SECTION 182 & 211 OF CrPC ETC.... NEED YOU ADVICE / HELP URGENTLY
Regards, Raj
The list of chronological events
1. 9th May 2013 - Owner's son-in-law calls me to their house (adjacent to my office) -, forcefully locks the door - tries to hit me - threatens to give false complaint of attempt to rape on his wife there, if I am not vacating the premises - Luckily with great difficulty managed to escape from their bid/plot & came out of their house , but he still chases few yards. After seeing the security & driver of the nearby building he goes back...
Immediately a detailed complaint was registered with the police , completely narrating their plot & attack on me by even giving the eye witnesses names(Security & Driver). Police made a NC case, Called him to staion & told him not to man handle me & settle the case in a legal way in court..
He gives a false counter complaint saying we met in their house for discussion & I am not inceasing rent, not giving respect to ladies(wife & mother in law), the matter was aggrevated, they raised hte voice etc...
2. After this again he threatens me to vacte immediately, even after requesting sometime to do so....(almost 2 months..)
3. On 7th July 2013 (after almost 2 months), he straight away comes to my house with 4 GOONDAs & threatens me to come out.. Immediately I called Police station; Before the police could turn up, he ran-off/vanished from their with the goondas.. This was even seen by my apartment security. Immediately a detailed complaint was filed on him.
But police again made one more NC case didnot register any FIR
4. On 8th July 2013 (Very next day), they broke open my locks of the office & put their LOCKS , restrianing from entering the office forcefully... A detailed complaint was given along with the previous NC case on 9th May & 7th July details.
5. ON 9th July 2013 police called him to station & told him to settle with me otherwise they are filling an FIR on him. But he did not listen then he started taking U turn saying it is not fixed LEASE for 3 years but rent?? But he didnot produce any document to prove saying it is not their
He did not heed to the police adivse; police filed an FIR on him & very next day on 10th JULY 2013 all the relevant documents of my office were presented to police station; They started the process of charge sheet
6. On 12th JULY 2013 he has surrendered in court & taken a surety BAIL, fearing arrest.
7. On 27th JULY 2013 police completed charge sheet & submitted to court on him
8. In between police told him to settle with me, but he didinot." He said infront of police inspector to take away all my belongings in the office & he can not give my money back"
9. On 12th AUG 2013 owner files a false complaint & FIR on me saying I came in MARCH2011 for rent with 2 year agreeent & did not give rent properly(false) & vacated the premises overnight without informing her etc...
But police have not informed me anything officially about this FIR on me (really surprising??) Nor they have made any attement to arrest (fraudulently) etc...
The police knows during the previous interactions my office belongins are very much there in my office, I have not vacated etc....
7. Till today they have not provided any documents to police with resepst to their false FIR on 12th AUG 2013 (Almost 10 days over)
8. HOw can they create a back dated , flase AGREEMENT document from MARCH 2011 , when I was not at all existing in picture with them till July2011????
9. The very statement of saying I have vacated in the month of April 2013 does not stand & it is VOID , as her son-in-law in his very intitial complaint stated that we met in their house on 9th MAy2013 for discussion( I have a certified true copy of his complaint) & further station record is available for one more NC case on 7th JULY2013.
Also he has surrendered in court on 12th JULY2013 with respect to complaint/FIR filed by him on 8th/9th JULY2013....
10. After almost more than a month his mother in law / owner wakes up & files a false FIR/complaint giving all false data & dates etc.. saying she was not aware of any of the previous FIR on her son in law etc....in the complaint & does not provide any documents w r to her complaint????
11. Even if I have vacated overnight in the month of April 2013 as framed by her falsely in her complaint on 12th August
Where is the notices for rents not being paid??? (It is not there....false)
Any complaint being lodged by her in relation to me vacting the place without any notice leaving behind 1 Lac advance with her ( It is not there....again false)
On whose permission she broke open my office keys & put their locks & removed my office board ; Have they informed police or have they taken any order from the court ...??? ( It is not there....again false)
How can I pay all the telephone BSNL bills & BESCOM bills of my office aftermath of APRIL-2013 as she falsely says (I have all the BSNL & BESCOM bills & receipts to prove the same...) etc.......
KINDLY ADVICE HOW TO PROCEED STEP BY STEP & THE MINIMAL FEE YOU CHARGE for the case till the completion
Prakash S. B.
23 August 2013 at 12:36
Two Agreements for mutual transfer by way of exchange of flats were entered into on 19.10.1989 between two members of the same Society. One of the members, Mr. N. K. Nair, owner of the smaller flat (325 sq. ft / B-11)needed a bigger flat (600 sq. ft. / B-13)owned by my mother (late Smt. Saguna Bankeshwar) and vice versa and Mr. N. K. Nair agreed to pay Rs. 1.65 Lacs to my mother for equality of exchange.
Subsequently, Mr. N. K. Nair, who became the owner of the bigger flat (600 sq. ft. / Flat. No. B-13)and my mother (late Smt. Saguna Bankeshwar), who became the owner of the smaller flat (325 sq. ft. / Flat. No. B-11) filed two Applications dated 20.08.2008 under the Government Order Revenue & Forest department No. Mudrank 2007/922/C.R.199/M-1, dated 7th June 2008 (ABHAY YOJANA 2008.
On receiving a Demand Notice signed by the Collector of Stamps, Andheri, Bandra East, for payment of stamp duty, Mr. N. K. Nair, the owner of the bigger flat (600 sq. ft. / B-13), paid Rs. 18,920/- towards deficit stamp duty and Rs. 500/- towards penalty.
Surprisingly, my mother (late Mrs. Saguna Bankeshwar), the owner of the smaller flat (325 sq. ft. / B-11)also received a similar Demand Notice for payment of Rs. 18,920/- towards deficit stamp duty and for payment of Rs. 500/- towards penalty. However, my mother did not pay the said deficit stamp duty and the said penalty on seeking legal opinion that she was not liable to pay any stamp duty in view of the fact that the Agreements between the parties were for mutual transfer by way of exchange of flats / property, as envisaged under Article 32 of the Bombay Stamp Act, 1958, and that Mr. N. K. Nair had already paid the deficit stamp duty of Rs. 18,920/- as per Clause (d) of Article 25 of the Bombay Stamp Act on the market value of the property of the greatest value by reason of Article 32 of the Act, the market value of his Flat (600 sq. ft.)being greater than the market value of the flat owned by my mother (325 sq. ft).
I subsequently wrote two Registered Post A.D. letters addressed to the Collector of Stamps, Andheri, Bandra East, and also followed it up by submitting a letter / application to him (Hand Delivery and receipt duly acknowledged) for review of my mother's case. There is no response from the said Collector of Stamps or from the lower staff on even making inquiries personally.
Hence the need for expert advice on remedies available to me.
M Satyanarayana
23 August 2013 at 12:03
Sir,
I am victim of forged and fabricated relinquishment deeds filed by my cunning sister to knock off the property in partition suit after losing the case at the Supreme Court Review Petition in the partition suit. I would like to know at what stage of partition suit proceedings execution of relinquishment deed by cosharers in the property is valid as per law. At what stage it becomes null and void as per law.
Please kindly let me know
Thanking you,
MSN
SAM
23 August 2013 at 10:26
Dear Sir's,
In Mall management agreement both the pvt ltd. companies who are having registered office in india and are indian companies and in Mall Management agreement there is one clause GOVERNING LAW AND ARBITRATION which states as below:
This Agreement shall be governed by and construed in accordance with the laws of India.
14.2 Any claim, controversy or dispute arising out of or in connection with this Agreement, not settled by mutual agreement of the Parties involved within 30 days after a Party is provided written notice for settlement thereof, shall be referred to arbitration to a sole arbitrator jointly appointed by the Parties under the London Court of International Arbitration (LCIA) India Arbitration Rules. In the event the Parties are unable to agree upon a sole arbitrator, the claim, controversy or dispute shall be referred to a panel of three arbitrators, one of whom shall be appointed by CONSULTANT and the other by CLIENT and a third by LCIA Court, who shall serve as chairman of the panel. The legal seat of arbitration shall be Mumbai, India. The arbitration proceedings shall be conducted in Mumbai, India and shall be governed by and construed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitrator(s) and holding the arbitration shall initially be borne in equal proportion by CLIENT and CONSULTANT. Initially, each Party will bear its own legal, traveling and other similar costs. The award of the arbitrator(s) shall be binding on all Parties. However, the arbitrator(s) may in his/their award, require any Party to pay such costs as the arbitrator(s) think fit, including the costs and expenses of the arbitration, travel, costs and advocates fees.
14.3 During the pendency of the arbitration, the Parties shall continue to discharge their respective obligations under this Agreement.
Does that mean Adhoc arbitration can take longer time and do recommendation of institutional arbitration is done?
Cant we incorporate Indian Arbitration and Conciliation Act of 1996 as mentioned below:
14 GOVERNING LAW & ARBITRATION
14.1 This Agreement shall be governed by and construed in accordance with the laws of India.
14.2 Any claim, controversy or dispute arising out of or in connection with this Agreement, not settled by mutual agreement of the Parties involved within 30 days after a Party is provided written notice for settlement thereof, shall be referred to arbitration to a sole arbitrator jointly appointed by the Parties under the Indian Arbitration and Conciliation Act of 1996 including any statutory amendments or re-enactments thereof for the time being in force and rules made thereunder. Pending the arbitration proceedings, all disputed amount/payments, shall be deposited in the custody of the arbitrator(s), appointed under this Clause until the completion of the arbitration proceedings. These disputed amounts/payments held by the arbitrator(s) shall be paid to the Parties as per the provisions of the arbitration award after successful completion of the proceedings. The arbitration proceedings shall be conducted at Mumbai, Maharashtra and shall be governed by and construed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitrator(s) and holding the arbitration shall initially be borne in equal shares by CCV and PPZ. Initially, each Party will bear its own legal, traveling and other similar costs. The Award of the arbitrator shall be binding on all Parties. However, the arbitrator(s) may in his/their award, require any Party to pay such costs as the arbitrator(s) think fit, including the costs and expenses of the arbitration, travel, costs and advocates fees.
14.3 During the pendency of the arbitration, the Parties shall continue to discharge their respective obligations under this Agreement.
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Daughter share
Respected experts,
I have a small thing to clarify and need your valuable conclusion.
Dispute raised between brother and 2 sisters after death of father and mother. Sisters filed partition suit in civil court and stated that property belongs to father but whereas the property is ancestral property.
and they failed to proof it as fathers property, therefore suit is dismissed. This suit was filed in 2004 i.e before Hindu succession act 2005. Now they filed appeal in high court and it is in final hearing.
Now my question is
1. can they get the share in property bcos the suit was filed before 2005 and already lower has dismissed it. now is there any chances that high court may give judgement against lower court decree?
2. both were married before 2005 and father died in 1993 and mother in 2004?
3. in lower court they stated that it is fathers property and now in high court can they ask share based on 2005 amendment
4. actually their father has sales 2 houses and amount was kept in daughters name as their share in ancestral property, as they them self asked cash. same was given at the time of marriage.so can they ask share in remaining property?
Need experts valuable suggestion and conclusion. Thank you