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kaushikphm   19 April 2012 at 15:44

Tenant - landlord - rental agreement- will- probated

Dear Team,

My uncle, My brother and myself acquired a property containing 2 shops through will(probated 4 months back). As a executor of this will, my uncle has been collecting rent for past 5 years and providing the same to us proportionally after probate. He renewed rental agreement a month back before we got probate order. Now, we plan to include our name in rental agreement(if possible to register new agreement with fresh terms & conditions).

Kindly let us know whether the agreement by my uncle will bind us?



Mukesh Kumar   19 April 2012 at 13:42

Regarding a/c opening of minor of 3.6 years

sir/madam

can post office open a a/c of 3.6 year old minor child.

can post office has a right to open a a/c without photograph of minor child.

can post office take any proof of parent name or address or identity .

if it happens it may have fraud or fake a/c then can we go against of this under which section.
plz advice

Mukesh Kumar   19 April 2012 at 13:26

Relating a/c opening of minor

sir it is directed by court to open a under guardian a/c for my 3.6 year old child for maintenance.
But what my wife opened her a/c in central bank of india and opened my child a/c in post office as a individual saving bank a/c without child photo and spellin error in parent name.

I am suspecting on the genuineness of this a/c . if it is a fraud and ungenuine a/c then under which sections can i file a case against of my wife. can i do this under section 420. plz advice me

Dr.Gaurang N. Gandhi   19 April 2012 at 08:30

Claim against railway

is it necessary to issue notice U/s.80 of CPC against railway for claim?

Can we file suit in railway tribunal without issuing notice U/s.80 of CPC?

ankit srivastava   19 April 2012 at 01:47

Consumer court

I filed consumer case against a fraud coaching institute in delhi,OP replied to that, in return i filed a reply but did not add affadavit, in next hearing i submitted only affadavit as i had given rest of the reply in the previous hearing.NOw judge has asked to bring the complete document and evidence. I dont know what to do next since i have already submiited the document and also evidences (like fees slip and advertisement published by the OP in newspaper) i have submitted with the original complaint itself
Please help

S Y Chandrachud   18 April 2012 at 23:32

Bank auction of sale of bank's car

Bank given Auction Notice for Sale of Bank Car. There is no any reserve price mentioned in notice. I fill the form with earnest money Demand Draft. I am the highest bidder & car alloted to me. Name & signature is taken on Bank's Register. Next day I reach to bank for balance amount payment but they had told me your proposal sent to Head office. You have to make balance payment after approval from H.O. After eight days bank tells me they had made valuation of car which is higher than i had bidded. Hence Car will not be alloted to me. What is the solution for me ?

raj manwani   18 April 2012 at 22:27

Business bankrupcy..individual insolvency

hello to all experts...

Myself Raj a business man conducting my self properietry firm from the year 1996....I am right now loans having 50 lacs in value...as due to some business losses that is bad debts as well bad management probblems i have lost all my net worth....I do not have any accounting records...and my loans can be bifurcated as follows

10 lacs belongs to trade creditors..having all bilss and documents
10 lacs bank limit secured with fds and stock worth Rs. 2 lacs
30 lacs belongs to indeginious bankers and sahukars having no documentary proof but have raw records and PDCs signed by me and my wife..

My all relatives suggests me to leave the city and become unknown and get setteled with new identity in a new city..

but now I am very fearsome that will my creditors sue agaisnt me in civil court...or will they file a complaint in front of PO...and I just wnated to know all the remedies that are availble with them..

will I can File an Insolvency petition..will court protect me....or I should do that is suggested by my relatives...

please do provide me ur valuable suggessions so thet i can proceed further accordingly...

Its really urgent...

yogesh   18 April 2012 at 21:02

Section 5 & section 17(1)(b) of the limitation act-1963

If any litigant is filing Application for condonation of delay for 5 years with plea that hje was not awre of the rights and title of suit on which application is found is concealed by fraud.Which section of Limitation Act(5 or section 17(1)(b) IS APPROPRAITE FOR relief?
Here the fraud occurs when the cause of action had arisen and the litigant is complying the requirements of section 17 and whether court can award relief as merits of the case is towards his side?
In case if he files the Application under both sections 5 READ WITH SECTION 17(1) (B) THAT WILL MORE APPROPRAITE?

yogesh   18 April 2012 at 20:59

Section % & section 17(1)(b0 of the limitation act-1963

If any litigant is filing Application for condonation of delay for 5 years with plea that hje was not awre of the rights and title of suit on which application is found is concealed by fraud.Which section of Limitation Act(5 or section 17(1)(b) IS APPROPRAITE FOR relief?
Here the fraud occurs when the cause of action had arisen and the litigant is complying the requirements of section 17 and whether court can award relief as merits of the case is towards his side?
In case if he files the Application under both sections 5 READ WITH SECTION 17(1) (B) THAT WILL MORE APPROPRAITE?

Mr. Hitendra Shah   18 April 2012 at 20:15

How should i present my case in the ncdrc, national commission-consumer court?

This is a case of I) Deficiency in Services by Bank II) NOT Negligent but totally Willful, Intentional, Deliberate acts by the staff of Bank, the Bank is 100% responsible for Vicarious Liability III) Unauthorized Transfer or Withdrawals or Sell of my Shares from my Demat A/c which was deliberately allowed by the Bank, my shares were sold even after my ledger account in the books of accused started showing credit balance from 14/9/2005. Even after my Ledger A/c started showing Credit Balance, my Shares were sold from my Demat A/c from 14/9/2005 till June, 2007.

In reference to my Complaint with Consumer Court Forum, CCRC, I was being called in Mumbai on 26/11/2011 at 12.00 a.m. by CFBP. The lady member has given me proper advice. She advised me to go to the Hon’able National Consumer Disputes Redressal Commission with my Case/Complaint. She told me that as I did not have required documents, some of which I got from the Bank along with its letter dated 30/9/2010 and on the basis of which the facts came out and this is the reason that my complaint will not come under the period of Limitation because I got documents as on 30/9/2010 and from the said letter of the Bank, it has been established and confirmed that I) they have committed fraud in the POA II) they have put invalid Bank A/c and Demat A/c numbers in the said POA and committed Fraud and Criminal Breach of Trust III) the said POA was invalid document for my Bank A/c and Demat A/c opened with the Bank. Once it is confirmed by the Bank about Fraud which it committed, the complaint will not come under the period of Limitation. She also told me that as a precautionary measure I must file Application for Condonation of delay. I followed her advice and filed my complaint with hope, faith and trust for Justice on and from Hon’able National Commission.

The admission Hearing date is scheduled on 27/04/2012 at New Delhi. This is a case of my wife and I am going to represent her.

Please Help me.

Thanks.