jitender pawaria
03 May 2013 at 17:33
Res. Members,
One A executed unregistered agreement to sale with B of factory cum House for a sale considration of Rs.26 lacs and Rs.4 lacs paid on the same day against proper receipt on 1.03.2002 and 05.03.2002 was fixed for execution of sale deed. on 1.03.2003 B issued a legal notice to A on the grounds that the land in question under compulsory acquisition, you not obtain CLU from concerned department and many others said notice received by A on 03.03.2002 two days before execution of sale deed. after that A contact to B and B take thumb impression of A on some blank paper/stamps on the pretext that he filed the objections against the Acquisition for relesing the land and apply for CLU to concerned department. till 2006 B keep the A under darkness. there after in the year 2006 A came to know that B by using those paper/stamps get registered sale deed in his favour for sale considrtion of Rs.4 lacs and B also execute a receipt which show that his son purchased the malba standing over the suit property of Rs. 20 lacs and his son paid entire 20 lacs in cash to A . Till 2006 continue A is in possession of the suit property. After the filling the suit A came to know that B transfer the land to C who is business partner of B.
C file application for impleading him party in the suit as a subsequent purchaser which was allowed by the Ld. Court and after two and three dates he proceeds ex-parte and appear in evidence of B.
Attesting witness also close relative of B which was admitted by them in their cross examinations.
Respected members
Now my queries that after issuing the Notice U/s 4 of L.A.Act can sub-registrar allow the sale before passing the Award.
Can Such a huge amount as plead by them paid in cash which was admitted by him that in his annual income return not showing those amount by him.
can B have right to contest case after selling the property prior to institution of present suit and most important he pleaded he was owner in possession and he sale the land to C before the date of filling W.S.
is it valid that B claim that his son purchase the malba from A and son of B said that no seprate agreement for Malba between me and A.
in the sale deed no where mentioned about the agreement and sale deed on much less amount as compare to agreement.
Plz guide me law points on the above said circumstances which are help me.
Mrs. Sharma
03 May 2013 at 14:34
i took a loan personal loan of 5 lacs ( i was not eligible for this much loan but with recommendation coz of my credit history i got) in apr 2008 ...till 2008 nov i paid the installments. after that i was not able to manage my expenses with my salary. so i was suggested to get the loan rewritten with less rate of interest.in next 2-3 months while i was contemplating a solution i lost my job in march 2009. Since then i have not paid anything or have had any interaction with the bank. I left my place of living also coz of recovery agents bothering me. And since then i have not had any stable job to pay the installments or to make full and final payment. And now I am not in India and even now my financial situation is 0 i am not working currently and plus i have some health issues because of which i cannot work for at least two more yrs. Kindly suggest me what should be my course of action as recovery agents are chasing me with renewed energy.
1. if i take help of a lawyer how much maximum rebate i will get on the full n final payment?
2. What will be the next step of the bank now ?
3. Can they still file a criminal suit against me for cheque bounces that happened three yrs ago ?
4. If bank filed a case earlier three yrs ago but i did not get any legal notice as i was not staying at the same place, what would be happen to that case then ?
Subroto
03 May 2013 at 14:05
Section 46(3) and Section 90 of the Act says that “no member of the Society shall be in the employment of the Society”.
(1) Does it mean that a member of the society who is qualified enough cannot be appointed as a teacher or principal of the school/college run by that society. Can an employee of the School/College be counted as an employee of the Society as well? If yes, then :
(2) What about those members of the Society who were appointed in the schools/colleges run by that society and have been servicing there for over 15 years before the commencement of this Act? Do they have to resign either from the Society or their service ? If yes, then :
(3) Although the Section 46(3) and Section 90 of the Act says that “no member of the Society shall be in the employment of the Society” but it doesn’t say that an employee, say a teacher or a principal of a college/school run by the society cannot become a member of the society which runs the college/school.
There are so many lecturers/teachers and professors who after their voluntarily retirement or resignation establish their own society for imparting education and then also service as lecturer/teacher or professor in the school/college run by their society.
ramesh kumar
03 May 2013 at 13:40
sir,
i am having on partnerhip firm running a hospital, for 20 years.it is a registered firm.one of the partner has left the country,not taking any part in running a hospital,neither have withdrawn from the firm.our set up is having a land taken from government on 30 yrs lease,builing is constructed over it and lot of machineries are there.
please let me know if partnership firm can be altered without his consent as he is out of country,and new partners can be added or not. if not,then if case goes to court for dispute then what may be the opinion of court in such cases regarding share of partners and addition of new partners. it is to be kept in mind that it is a registered firm.
ramesh
Ramesh
03 May 2013 at 09:59
Dear Experts of the Forum,
Me and my brother is fighting a partition suit in District session court.where in i got Injunction in my favour. Couple of days back, even in High Court i got this order in my favour.
yesterday i came across few documents( Registered in the year 2006) wherein, a person Mr.'X' unconnected with our family (Outsider)gave a gift to his mother saying this property is their ancestors and came to him as a share.
In another document, Mr.'X's father in laws, he gifts adjacent property to his Daughter who is wife of Mr.'X'; Saying this property is their ancestors and came to him as a share.
Presently Mr.'X' family obtained permission from the Municipal authorities and started constructing house in both(Clubbing them,Which are side by side) the plots.
Kindly advice me how to go about it.
Thanking you All, expecting a QUICK Reply please.
Kan
03 May 2013 at 04:46
Dear sir/Madam,
Hello! I have a Joint property owned along with my mother. This was inherited from my father through his will.
Since, we both had issues, my mother and elder brother filed a case at lower court and got a verdict as 50:50 share in whole property, although She enjoys half shares and rents until now.
Since she was over 85 and I was 43 with kids. I filed a case in higher court and brought a stay on verdict of lower court.
Recently she expired. She enjoyed half share and rents until she lived. Now,I want to know, can I be owner of whole property now...or my other siblings can fight for mother share. They also acquired property from father in his will.....so,what is fate of my joint property which was under mother's control till date?? pls reply
Deepak Kashyap
02 May 2013 at 23:50
Hi Sir,
I got married in Feb 2009 and my wife was from another state but since marriage she is living with her new family.Now She applied passport from new home as she has been living here since Feb 2013. But we did not give bribe to police man. Resultant he sent adverse report and said she is not a permanent residency of current address while she has UID, caste certificate,Voter ID card, Ration card on same address and our marriage is also registered. Due to wrong report, she did not get her passport. She want to file a petition/writ in court. My questions are:
1. Can we file a writ/petition?
2. What is the process and govt. charges?
3. Do we need to involve a lawyer?
Please sir reply me on deepak.kashyap.16@gmail.com.
Thanks very much for giving your valuable time in advance.
Sivarama Pandian M
02 May 2013 at 20:13
HI
We got educational loan for my sister to do BTech(IT) in 2010-2012 from Tenkasi, Tirunelveli, Tamil Nadu Branch. Now we are about to do repayment of the loan. We have totally got Rs1,80,000 from the bank.
But now when we approached the bank about the total money to repay. They are telling that around Rs 2,30,000. As per the government education load plan, interest will be applied either after one year of course completion or after getting job. Below is the website link of SBI regarding this.
https://www.sbi.co.in/user.htm?action=viewsection&id=0,1,20,118&lang=0
Now the bank representatives are telling that interest will be calculated from after one month of the first payment issued to student. Due to this, we are in situation to pay around Rs 50,000 as interest for the money Rs 1,80,000.
Kindly clarify me about this situation and reason around this interest. It will be very helpful to understand this.
Waiting for your valuable reply on this.
- Sivaram M
AMIT
02 May 2013 at 20:02
There are 10 plaintiffs and 10 Defendants .Meanwhile compromise talk takes place between them.Only 5 plaintiffs wants to compromise with 10 Defendants then what is the future status of the suit, Can 5 plaintiffs withdraw the suit and under what provision?
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