Vinesh K Chhaya
17 March 2013 at 14:55
What is the procedure for recovery of Debt from Guarantor's legal heirs after death of guarantor?
Under Provisions of SARFAESI ACT-2002?
The facts of the case are loan facilitate in yr. 1987. the guarantor died in 1990. bank applied u. s. 14 of sarfaesi act at june 2012. d. m. ordered in favour of bank in 2012 dec. bank attached property from heirs.
ss.k
17 March 2013 at 14:23
Sir,
The property is alloted by L&DO as Rehabilitation of Displaced Persons from East Pakistan. After the demise of the lessee in the year 1999 the property has not yet been mutated in the name of legal share holders. subsequently the shareholders had a legal fight and now want to settle the dispute by selling the property outright to a third party. However, they have not yet entered the procedure of either freehold or mutation but want to dispose the property to a third party.
i. Is is legally vaild to enter into an agreement with a third party before going through the process of Freehold or mutation and where the thrid party has promised to do all the legal process of freehold and mutation?
2. what legal problems can be faced by the legal shareholders in such a situation if the agreement and money transaction has been done and the freehold and mutation process is started with L&DO?
3. The legal share holders since do not want to relinquish their share to the other shareholder, and want to register the property in the name of the thrid party, then what sort of deed shall be entered upon by the legal share holders to safegaurd this interest?
4. The relinquishment Deed is made in the name of other legal share holder only, and can it be made to a third party also?
abhimanyu
17 March 2013 at 12:26
1. What documents are required to be filed when a plaint concerning suit for declaration pending before a civil judge is to be amended?
2.Of what amount court stamps are required to be affixed on the application?
B@75BHAIBABU
17 March 2013 at 10:49
sir
i have a house and land in my native village.most probably uttar banga unnayan parishad under westbengal government without any aquisition of the land is constructing road on my land and will even break my house to construct road.they are not taking permission of land owners also.i want to stop construction over my land till aquisition of the land is done.sir what shall i do?i may kindly be briefed in details about procedure to proceed in this regard
ANIL KUMAR 8867907494
16 March 2013 at 23:42
Dear learned brothers
Pls tell me whether a member of a owners association can approach consumer forum if he has dispute with association or not
JAIME
16 March 2013 at 20:37
SIR,
In My Civil Suit I had been allowed once to amend the Plaint. But after subsequent events I need to place new Orders on record with averments. Also some fact in possession remained to be added in the plaint the last time. Is there any restriction in the Law to disallow all the evidence in possession whether subsequent or previously obtained just before framing of the issues or once the issues are framed but before filing Affidavit in evidence and calling the witnesses on the withstand, so long as the amendment is based on the same cause of action and necessary to determine the question in controversy, avoid multiplicity of suits and causes no prejudice to the defendant who has the opportunity to submit his reply to the amendment?
Thanks.
Suresh Babu Rai
16 March 2013 at 20:27
Morning Sir and Respected members!
One of my client who had been to Gulf countries on his employment was reduced a Specific power of attorney to his natural brother to file the civil suits on his behalf and to look after the court proceedings if any on his behalf. The said SPA was reduced on a white paper stating all requirements as contemplated in the Rule 32 and 33 of CPC.
When my said client left India, his adjacent land owners intending to file suit or cases against his properties basing on false documents. On noticing the same the SPA holder rushed to me and stated the same. Basing on SPA, this reduced on white paper (Legal Size Xerox quality white paper in English before the witnesses) I have filed Caveat Petitions against the above. The subordinate court has numbered the caveat filed by the SPA, but the junior civil judge court reduced an objection that the SPA should be reduced on NJ Stamp Paper but not on white paper and pleased to return the caveat to me. I have resubmitted the said caveat mentioned that there is no such provision more particularly in Stamp Act that a SPA must reduce on a Stamp Paper. Finally when the matter was called on bench for hearing the judge asked me to show the provision if any that, it is not necessary for SPA must reduce on stamp paper.
Is it so sir, previously in a civil suit I have filed the SPA reduced on white paper and the court has accepted the same in a running suit. Now the court raised an objection with regard to the above.
Thanking You!
tdeli
16 March 2013 at 19:28
During the process of Elections of a Regd. Society 2 Election Officers were nominated at the General Body Meetings.
The Election officers are now demanding the Managing Committee the Voters List but the Managing Committee is providing them only with List of Members as per Members Registers stating that its the job of the Election Officer to prepare the Voters List as there is some confusion regarding the memberships of the Society and no one wants to take the responsibility.
Whose job it is to prepare the Voters list and if it is not the Election Officers Job what more job he has. The Bye laws of the Society are silent regarding this ...
Thanks ...
tdeli
16 March 2013 at 19:19
A took advance for a sale of property from B of which he never had any Title and only had paid advance to purchase that property from someone else.
A could not execute the sale of property as the title was never in his name thus he started returning the money back to B and also executed a MOU which was signed only by him unilaterally stating that he will return the money back to A and also mentioned details of 2 cheques that he had given to B.The witness on this MOU were same persons who were also witnesses to the first Agreement to Sell.
The 2 cheques bounced and B went into court and filed a criminal case against A u/s 138 regarding the bouncing of cheques but also attached the MOU where A had mentioned the details how he will return the consideration.
B also filed a Police complaint regarding the Illegal Agreement to Sell but the police refused to take any cognizance stating that as you have acknowledged the MOU and thus it has become a Civil matter now.
Has the case lost all the criminal act of A to sell a property which was never in the name of A, if B has acknowledged the MOU in court of law.
Thanks...
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Improvements
Improvements are sought in the following draft application to be filed in a civil court for amendment of plaint where notice to defendent has not yet been issued:
In the court of……………………………………..
Suit no. ……………….
……………….. Plantiff
Versus
………………………….Defendant
APPLICATION FOR AMENDMENT OF PLAINT
The Applicant respectfully submits as under:
1. That the applicant is the plaintiff in the above noted suit which is fixed for……..
2. that the applicant prays to make following amendments in the plaint as these are imperative for proper and effective adjudication of the case:
a) The following may be added at the end of para ……… of the Plaint:
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
b) Para……… of the Plaint be replaced by the following new Para………
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
3.That the above prayed amendments will not change the nature of the suit.
4. That it is humbly prayed that in the interest of justice the application as per submissions made above may be allowed otherwise irreparable loss will be causes to the applicant/Plaintiff.
Place:
Date:
Applicant
Verification
Verified at Delhi on this day of ………2013 that the contents of paras 1 to 3 of the Application are true to my knowledge and para 4 is prayer to this Hon’ble Court.
Applicant