KAMAL KUMAR
29 August 2011 at 13:33
Dear Sir,
I live at Ghaziabad. My next door house belonged to one Mr Goel and, upon his demise, was in the possession of two of his 4 sons. In the year 2005,the elder son requested me to extend Financial Assistance of about Rs 12.33 lacs to him to enable him to purchase his younger brother's share in the house, so that he becomes the sole owner of the house.I extended the assistance in May 2005 by cheques and he got the house registered in his name. The payment was made under terms of an Agreement, executed by me and him on 10.05.2005, creating various financial & other obligations on the part of the loanee.
For about 3years, the loanee kept me in good humour, kept on assuring me that the money due as per terms of the agreement, would be paid shortly and maintained good relations.After expiry of 3 years his stance changed.He became totally un-responsive/incommunicado and even mis-behaved with me.
He has been violating various provisions of the Agreement. In response to my first written notice he conceded that he had taken the money but said that it was only a friendly deal and I had subsequently got the Agreement signed by fraud etc, which he had signed in good faith without reading the contents thereof. He has not responded to my subsequent letters, including the Legal Notice.
A copy of the Legal Notice sentto him, which very clearly brings out all major relevant provisions of the Agreement and other facts of the case, is attached herewith.
As filing of a Civil Suit would attract a huge amount of money running into lacs of rupees, I have consulted several lawyers in order to have clarity asto whether the case is time-barred under provisions of Limitation Act.Their views are divergent.While all other lawyers have said that the case is not yet time barred as it is not a simple case of money being loaned, but is a case of a complicated agreement entered into by two persons for sharing various benefits including appreciation in value of the Property (in lieu of extension of financial assistance to facilitate purchase of the Property by the loanee)and repeated breaches of the Agreement by the loanee(04 nos), which have taken place in 2008, 2009, 2010 and 2011 respectively (less than 03 years back)and is as such covered by Clause 55 of Limitation Act.However, one of the lawyers is of the view that as the underlying transaction is of loaning of money,the Limitation Period kicks in upon expiry of 3 year period from the date of the Agreement, and the case is as such now time barred.
As I am contemplating to file a plaint shortly, I solicit opinion and advice of the legal luminairies through your forum as to i)Under which Clause of the Limitation Act my matter gets covered; ii) What course of Action I should adopt to ensure compliance with various provisions of the Agreement by the loanee; and iii) Can a Summary Suit under Order 37 can be filed in this case for quick closure of the matter, as the quantum of the amount to be recovered has been got worked out through a Government Approved Valuer, in terms of provisions of the Agreement.
Anonymous
29 August 2011 at 12:09
wth all due respect sir, i agree i have already got reply from ur end abt this question bt main concern is ur reply is not satisfying as well as pricise, u say if bylaw of society allows, i am a comman person wthout knowledge of bylaw thats the reason i ask u question , what is in bylaw? u r experts bt ur reply said "IF "the bylaw permit", so this is incomplete answer to my question. i would expect a pricise reply if possible. thanx
Anonymous
29 August 2011 at 11:20
Dear Sir
In joint family, my grand father have five children’s(3 Male and 2female) , my grand father died in 1978, before my grand father death my grand mother also died in 1975. After my grand father death my father is the first son for our grand father, all property are transfer to my father name directly, without will or gift by my grand father. After this my father share the property with his 3 brother. But not give any thing in property for my father 2 sisters. When my father and his two brother share the property, after that what is my father got his share he gave to my brother by Registration in sub Register office in 2004/2/25. After transfer property to my brother name by registration in subregistar office, my father is died in 2008. (My grand father got this property from my great grand father). Now my question is we are four children for my father one male and three female daughter were married in 1990,1992 and 2000 what is share in the property for daughter.
Thank U
Indira
Bangalore, Karnataka
anupamm gupta
29 August 2011 at 00:21
sir,can a bank can file a fir in case of default of loan amount less than 1.5lakhs and bouncing of ecs from the account as due to financial problems i can't pay right now. though i paid more than 75% installments on time.
Anonymous
29 August 2011 at 00:04
PLS CLARIFY IN WHICH CASE HINDUSUCCESSION ACT1956 APPLIES AND IN WHICH CASE INDIAN SUCCESION ACT 1925 APPLIIES .DIFF BETWEEN THESE TWO ACTS.THESE ACTS SEEM TO ME SAME
Anonymous
28 August 2011 at 23:47
I have failed to file Leave to defend
in an eviction petition.
Lower court passed an order against me and execution is also done.
My revision petition for leave to defend is also dismissed by High Court.
I filed an application under sec 144 cpc in the lower court after execution.
Same has been accepted by the court.
I have strong grouds for restoration
Can dismissed rev petition be used against my application under sec 144.
Sunlawseeker
28 August 2011 at 22:57
Dear Advocates !
I have 26 cents of Nanjai land in a Village. Lands situated before and back to my land are Punjai.
But, my land was classified as Nanjai land.
I want to convert my land as Residential Land.
What should I do ?
Kindly let me know the complete procudure.
Anonymous
28 August 2011 at 22:36
dear sir,
i have filed a suit for possesssion in delhi high court which has been encroached upon by my younger brother.
the issues have been framed andd the cross exaination of witnesses of plaintiff, me is to take place on sep 20
the cross ex of witnesses of defenedents shall take place later.
i would like to know if
1. what happens next.?
2. does the court ask us to submit a final written statement before the final arguments take place?
3. can my lawyer submit fresh documents relevant to the quesries as he cross examines the witnesses of the defendents.?
4, is it our prerogative to submit fresh docs at witness cross examination time or does the discretion lie with the delhi high court?
thanks vinay kala
aug 28,11
lalit
28 August 2011 at 21:11
X enters into an (UNREGISTERED)agreement for sale of a flat with Y,with consideration as Rs. 100000/-.
later X executes a deed of conveyance but does not register the same,WHICH BEARS NO REFERENCE OF THE agreement for sale, in favor of Y,showing consideration as 60000/-.
X destroys the original agreement for sale.
Y files a suit for specific performance for registration and possession,and awarded interim injunction restraining X defendant from creating 3rd party rights,relying on the executed deed, with signed memo of consideration.
can X produce the xerox copy of the (unregistered)agreement for sale, WHICH IS NOT REFERRED IN THE DEED, and claim balance 40000/-.
shall X produce the xerox copy of the destroyed agreement and contest the value.can Y claim that the agreement for sale was invalid, or the deed of coveyance was the final valid document, or the agreement was mutually cancelled, or the deed of conveyance is an independent document which however does not carry even any vague burden or reference of the agreement for sale.The
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Regarding st category certificate !
My Grandfather and is residing in Chhattisgarh State for the last 75 years.We belong to Scheduled Caste Category, mentioned in the Chhattisgarh State. My mother belong to Scheduled Tribe, listed in the Tribal List of Chhattisgarh. My Question is: 01. Am I eligible to possess Scheduled Tribe Status which my mother belong to?
02. Can I apply to Tribal Department for Scheduled Tribe Certificate?
Thanks !