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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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arvind   01 April 2013 at 15:17

Sarfaesi act 2002

(1) As per Chapter III of SARFAESI ACT 2002 Point 13 (Enforcement of security interest) sub point 3(A)If, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate within one week of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower.

(2) Rule 18 of Income-tax (Certificate Proceedings) Rules 1962 provides as under:
“18. No sale under this Schedule shall take place on a Sunday or other general holiday recognised by the State Government or on any day which has been notified by the State Government to be a local holiday for the area in which the sale is to take place”.

(3) The auction of the said property is decided and the same is published in news papers. Bank also sticks a note by the side walls of bank premises and ATM centre display the name of borrower and his guarantor along with the minimum price of the property.
(a) Bank shows attitude for the auction as if property or the person, which is being auctioned? So they have right to advertise the thing which is being auctioned.
(b) Auction date is over which was 29/03/2013 (Good friday), bank should have removed the posters for the auction by now. But bank has not yet done that.
(c)As per rule 18 of income tax rules of proceedings, was the auction date valid?
(d)Most importantly, as per Chapter III of SARFAESI ACT 2002 Point 13 (Enforcement of security interest) sub point 3(A), the notice was served in Jan 2012, the outstanding of the notice and the printed bank statement from the bank differed by 70 to 80 000, borrower responded to the zonal office by regd a/d letter and then no reply from the zonal office and local branch till now. Was the auction of the property was lawful?
(d)Where should be contacted for these irr-regularities.

Member (Account Deleted)   01 April 2013 at 14:42

Tenant evicition needed

Respected members,
Please advice me on this...
My tenant went home on 10th feb saying that he will come back in a week. But he didnt came back since today i.e. 1st april. March and april rent is outstanding. His cell is off. When contacted at home several times always he gives different excuses. He tells he will come back and leave the room. But he never comes. Now rent bill outstanding amount will go beyond deposit. Now he is not answering any call. Room is locked. He had the keys. All his belongings inside. We have standard rent agreement of 11 months that will expire on 11th april'2013. Now i dont want this person any more. Now what to do for eviction of room with tenant not available. I have his address. Plz advice.

sanjoo   01 April 2013 at 12:59

Illegal construction

Dear Sir,
somebody by using political power construction started illegally in our land. we have informed Nagarpalika to stop the activity and also gave applications to city police, collector, mamlatdar and deputy collector by providing all legal docs available with us but no body yet start any steps to stop him and mis guide us by telling go here and go there and just westing time. Meanwhile the person already constructed some construction. Can you suggest what other steps remaining for us to stop him urgently?

brindha devi   01 April 2013 at 12:57

Refund of admission feed and term fees

Dear Experts,

my husband is working in muscat..there is a huge demand for admission for school we put application for my two kids on DEC 2012 and school authorities said there is no seat so i placed my two kids in reputed school in Coimbatore, Tamil and got admission on march 13th by paying admission fees and term fees and school is on june.. but three days before i got a call from muscat school they allocated seats for my kids and asked to pay the fees.. so i went to coimbatore school and requested them to take normal amount for porcessing fees and ask to return back my amount.. now they are refusing to give back..i explained about my situation and school admission in muscat.. they refused to pay.. now it is a mental agony.. pleas advice very very emergency pls.. i dont know what to do? i m in the situation to pay fees before April 10th in muscat school so we are planning to go muscat

KISHORE KUMAR   31 March 2013 at 19:00

Recovering money lent to a person

I had lent around Rs.1 lakh to a person on oral promise to return it but now he is not repaying it back. I have proofs of transactions. Can i get my money back? Pls put your valuable comments.

e form   31 March 2013 at 17:59

Sale certificate

मा.महोदय कलेक्टर साबने या उनके कार्यालयने एक सेल सर्टिफिकेट जारी क्या गया था. जिस पर सिर्फ उस कार्यालयकी मोहोर थी, और उसपर कलेक्टर साब के कोई भी हस्ताक्षर नहीं है. तो ये अदालत इस बात को मानेगी की ये सर्टिफिकेट सही है? या नहीं?

shuaib zakaria   31 March 2013 at 14:45

Suit for partition

grand fathers ancestral property 1936
six families staying and occupying jointly in undivided share
i want to go for suit for partition and seperate possesion by metes and bounds
what is the normal procedure muslim law
is there any limitation or is it time barred since my father died in 1975 and i am claiming my share now how does law act kindly help and explain

kumar   31 March 2013 at 05:43

Rent control act

i have given my flat on Rent with 11 months Rent agreement and two month rent as security.
i want to know that conditions given in favour of tenant will apply in my case also.
means Rent control act will apply on this type of 11 month agreement or not.
if yes then why all people make this type of agreement. why donot go for lease agreement.
maine aisa suna hai ki lease agreement par rent control act apply nahi hota.

Sudhin2218   30 March 2013 at 19:22

Preemption

We've a joint property it was in the name of my grandmother (father's mother) and my father, My grandmother had a daughter along with my father.after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half portion of the undivided joint property to stranger (not belongs my Hindu family), My Aunt (Father's sister) put her signature as a consent Witness in the sale deed, where I and my mother didn't put signatures and didn't participate in the sale transaction and also there was no partition deed made between my mother/father and grand mother. stranger filed suite for partition on 2006, we filed an application based on "Section 4(1) in The Partition Act, 1893. based on this Honble Court has ordered in preliminary decree saying that My mother can purchase the portion of property, which was sold to stranger at current market value.My mother filed an application saying that we are ready to pay at market value during final decree proceedings.

But now my Aunt (my Father's sister) mingled with stranger, filed an objection to our Final decree proceding application saying that my grandmother has given a registered WILL in favour of my Aunt. and since my grandmother had one share in my father's share. she is asking H'ble court to consider her as a co-sharer, give a pre-emption right and to allow her to participate in bid of market value.

My Question is. Since my Aunt has participated and put her signature as a consent Witness in the sale deed in 2004, In which my Aunt did not had any objections to the sale transaction. where my grandmother sold the property to stranger.
Can my Aunt get the pre-emption right even though she put her signature as a consent Witness in the sale deed in 2004, to participate in a bid with mother to repurchase the portion of property sold to stranger?

salamat   30 March 2013 at 15:55

Religious places in private property of trust registered

please tell me which law and regulation have to be followed to build a religious place in mumbai. and whats is the roll of collector in this.
please help