Shiju
10 June 2012 at 16:31
Location : Bangalore
Respected Sir,
I wanted to sell my property and had advertised it in the newspaper and one person called Mr.Manjunath had called me and suggested that he was interested in buying the property, he asked me for the photocopies of the property document and when i provided him the same , he came back saying that as the photocopies are not clear he wants to have originals which he can get it photocopied. As a matter of trust i met him and his brother and provided him the originals which his brother took to get it photocopied, in the meanwhile Mr.Manjunath took me to have tea and while we were having tea, Mr.Manjunath got a phone call and told me that he will be back in 5 min and thereafter he and his brother disappeared with the original documents
All the original documents of my property have been stolen. I have taken the below steps
1) Put up a notice in a local as well as a nationalized newspaper that the orignals documents have been stolen.
2) filed a complaint with the Police and pushed to file an FIR which they are refusing.
3) Filed a PCR case in the civil court asking the court to force Police to investigate the matter or file a FIR against the thief(Mr.Manjunath) who is untraceable now.he mobile no. is also switched off.
4) Taken all the certified copies of the documents.
My questions are
A) Is there anything else i should do in order to safeguard my property.
B) what is the best way to get the original documents again as i really want to sell off the property and the customers really ask for the original documents.
Thanks
prasad
10 June 2012 at 10:51
My land was sold by creating forged documents and i filed a FIR in the year 2006 which is still pending in FIR stage itself , i have recently obtained the forged documents from the bank through RTI Act. I have not filed a civil suit can i go for a civil suit, can i refer section 5 and section 17 of limitation act 1963 or am i out of court.
kalpana
10 June 2012 at 07:26
supppose an advocate gives legal opinion to one x with regard to some property of y can y say that my opinion is wrong and complain against the advocate to the bar council since the advocate had not given his opinion to y but to x
Advocate M J
09 June 2012 at 23:10
good evening learned members
Sir my client had taken raw material from private limited company of worth 9lakhs,on installments bases havin no.of invoices,by giving 9 to 10 PDC's out of which 2 pdcs got passed and my client had paid 4 lakhs in way of cheque partly. for some span of time my client didnt pay the money to the supplier, for this reason the supplier had taken my client immovable property under the mortgage transfer registering agreement. my client is a lady and partner of the particular firm for which the supply is done.
Now the supplier is sent a legal notice to sale the property since the time limit is over of the mortgage deed, my client had 2 months to pay,but she is not able to pay.
can i approach the court for a time limit of 2 years, to my client to pay the amount of 5 lakhs
and stop the sale of property since my client wants to pay the rest amount
hence I the request the learn members to guide me how to go with the case
thank u
Rajesh
09 June 2012 at 21:53
Hello Sir,
Ten Years (in the year 2001) back a woman has borrowed some money by kepting her 2.9 grams gold from my mother, at that time I have issued a receipt to her stating that, her 2.9 grams has been kept and an amount of Rs.8000/- has been issued to her. Later on after demise of my father I got Job. After ten year, Since last one and half year that woman is blackmailing and harassing me with the help of that receipt “which was forged by her as chain in place of gold” and threatening me with the help of the local political leaders stating that, she has kept a gold chain of 30 grams and demanding money. She filed a fake suit against me that I have entered her house and beaten up her by using filthy language for payment of amount. However the police personal have understood her activity and closed the file stating “Civil nature”.
I cannot bare the harassment so kindly advice me what should I have to do against her for stopping her harassment and blackmail.
Stanley
09 June 2012 at 21:13
I need some advice in the following matter:
I decided to purchase an apartment in Mumbai and after we signed the first MOU in May 2011 where the seller mentioned that he has all the necessary paperwork, he began to inform us of issues.
In the MOU he also mentioned that the execution of the agreement would happen on or before 26th May 2011.
After taking the initial token amount of INR 1,00,000 he informed us after a few days that he did not have his original agreement. He also informed us that he had an existing loan which was under litigation with Bank of Baroda due to non-payment of past dues and that he had not paid his society dues amounting to INR 4,25,000.
Under the advice of our broker we decided to go ahead with the sale even if it meant a bit of delay. We paid the society dues on the seller’s behalf.
After paying the society dues, the seller again began avoiding our calls and did not provide the necessary documentation for registering the property.
Fearing the worst we paid the seller additional INR 8,00,000 to help expedite the document collection. A Second MOU was signed on 1st August 2011. The date of 5th September was listed for peaceful possession of the flat.
The seller dishonoured the second MOU terms.
Finally the registration happened on 3rd Oct 2011. The completion of the sale process took almost 5 months (it began in mid May 2011 and was registered by 3rd Oct 2012).
This was because the seller kept collecting money from us during this period and kept delaying the registration.
There were times when the seller simply would not answer our calls and respond to our queries. All monetary transactions were documented and receipts were maintained.
A home loan pre- approval was taken from a leading bank for an amount of 5 million INR. The sale price of the apartment was approx. 8.3 million INR.
I kept the bank in the loop of all activities and delays.
As per our agreement we paid the seller 3.3 million INR in the period of 5 months (May to 3rd Oct2012) and the pending 5 million INR was to be paid by the bank on a specified date of 13th Oct.
The bank loan manger delayed the payment by 3 working days. The PO for 5 million was made available to the seller on 18th Oct 2012. The reason for this delay was explained in two parts:
1. The second valuation visits was cancelled by the seller at the end of Sept 2011 and due to the delay the bank pay-out to seller was delayed
2. The banks lawyer was not available on 13th and 14h of Oct to handover the PO to the seller. This was informed to the seller and he agreed to collect the PO on 18th Oct. This was a verbal agreement between the bank and the seller.
Now the seller took this opportunity to demand INR 1.5 million from me. Please note the PO was available on 18th Oct and the seller refused to collect it unless I paid him the additional amount as compensation.
The seller is not giving possession of the apartment. He thinks that because of the 3 day delay he can extort INR 1.5 million from me.
He took 5 months to complete the deal. We have signed MOUs and reciepts of all transactions.
He has my INR 3.3 million and I have paid all the duties and brokerage. In total I have spent INR 4 million and do not have possession of my apartment.
Since I had no option I filed a civil case is in high court. I have incurred expenses of approx. INR 2,00,000 in court fees and lawyer fees. Not to mention the mental anguish and agony brought about by this ordeal.
While I await justice, I request your expert advice on the matter.
How can I best explain and present my situation to the court so that the outcome is favourable?
Any advice or guidance will be much appreciated.
Kind Regards
Stanley
basavaraj shiromani
09 June 2012 at 21:07
A's grand father purchased a land from B about 50 years back and A was put in possession of the land. but unfortunitly purchaser name was not entered to the land in question. subsequently A died and B also died survivors came. B's sold sold the same property to C about 2 years. A's grand son till today in possession of the land by virtue of purchase by his grand father. what is the position of A's grand son
basavaraj shiromani
09 June 2012 at 21:03
A was filed a suit for partition and separate possession against B,C and D. The suit came to be dismissed on the strength of properties absolutely beings to father of B,C and D. A - preferred an appeal against the said dismissal. During the pendency of this appeal C and D filed a separate suit for partition and separate possession against B.
During pendency of appeal, secound suit is maintainable ?
a k pandey
09 June 2012 at 20:16
If a wife, in divorce case filed by husband, and in case of CrPC sec.125 filed by wife makes new allegations during evidence other than allegations made in reply and application, what is impact of such allegations in that situation?
Whether such improvements during evidence can be allowed by court?
Issue has been framed in divorce case, but evidence has not been started yet.
Contradictory statements has been submitted by wife in both the cases.
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Limitation
The sole plaintiff in a suit is dead. Lr petition has been filed by his heirs to continue the proceedings after 110 days of the death of the plaintiff. What is the time limit for filing Lr petition, and if the petition is not filed within the prescribed time limit, would the proceedings automatically abate? or court has to pass a formal order or abatement. What is the prescribed time limit for abatement for proceedings? In case, abatement is automatic and no formal order of court is necessary, what is the remedy now available to the Lrs to set aside the abatement? When the LR petition was filed, application to set aside abatement was not filed.