KAPIL
08 June 2011 at 17:43
Sir,
I was given a cheque to some one person for Rs.1Lac as security 2 year back out of my saving account. Now the same account has been closed. Due to out of touch, i could not pass the information to same person. He presented the same cheque into bank and bank had returned the cheque with remark account closed. Now, he has suited upon me u/s 138. Please guide me.
Sir,
1) Decree and Judgment given in one suit by the Hon’ble Principle Junior Civil Judge Court in favour of plaintiff to register the house within 3 months from date of Judgment ie., 15.03.2011.
2) No stay order received against the above judgment till today.
3) But somebody other than the respondents in the above OS filed another OS on the same subject in the Senior Civil Judge Court. The mater is posted to 24.06.2011. Plaint copy not received so far.
Since no stay orders received, can we register the house in favour of plaintiff in accordance with decree and judgement as the due date ends by 14.06.2011 by taking Indemnity Bond.
BVVSN MURTHY PATNAIK
08 June 2011 at 15:01
PLEASE CLARIFY THE FOLLOWING;-
In the instant case the borrower has taken a loan & created equitable mortgage by deposit of title deeds in favour of the Lender.
However, the Original Sale Deed lodged with the Sub Registrar for Registration was reported misplaced. After registration the Sale Deed supposed to be collected by the Lender. In this regard the Lender is also having original Lodgment Receipt & authorization letter from the Borrower.
Right now the lender is having certified copy of the registered Sale Deed
In the above circumstance, what are the precautions to be taken for protecting the interest of the Lender
BVVSN MURTHY PATNAIK
08 June 2011 at 14:42
URGENT
PLEASE CLARIFY THE FOLLOWING;-
In the instant case the borrower created equitable mortgage by deposit of title deeds in favour of the Lender.
As per the executed Loan agreement between the lender & borrower one of the condition that
‘The lender may return the documents of title either/any of the borrowers notwithstanding any contrary advice/intimation from either/any of the borrowers at a later date’.
In the instant case the borrower created equitable mortgage by deposit of title deeds in favour of the Lender.
In view of the above, whether the original documents mortgaged with the Lender can be delivered to the GPA holder. If yes, what are the precautions to be taken & if the answer is no what are the reasons.
Muhammad Shawar Choudhary
08 June 2011 at 13:20
Please let me know how can I get copies of both the Indian Case Laws cited hereinbelow ?
20 DLR 1027 and AIR 1987 SC 1242
giridhar
08 June 2011 at 12:09
My dad on dated 30.05.2011 received an advocate notice stating that he and one my cousin uncle has come to an agreement on dated 27.10.2010 regarding sale of land which is in the name of my father. The notice also stated that deal was finalised on Rs.35,00,000 and my father has received Rs.5,00,000 as an advance payment.
The content of the notice is totally false as my father never signed any such agreement with him.
In fact we had an agreement with other party in the month of february and the party would get it registered on 22nd of this month. We have also taken an advence paymeny of Rs.10,00,000 from them and the rest was decided to be paid on 22.06.2011.
My cousin uncle used to stay with us between 1997 -2001.As per our sources we came to know that during the course of his stay at our home he managed to stolen 1/2 blank papers and my father's signature on it. Even we came to knoe that he is a having a cash receipt with my dad's signature on 2
revenue stamps during the course of stay.
In mean time we have filed a caveat and our lawyer has also replied to tht notice and also demanded for the authentication of that document.
Is this a correct procedure ? If not what else more we can do? can we proceed our dealing with the party? please guide us.
Debjit
08 June 2011 at 08:37
Dear Sir,
We have a tenant at my ancestral property since long. The eviction case is on for last 25 years and the tenant is enjoying the premises on paying Rs. 75 rent.
What steps can be taken to bring the tenant under agreement bindings.
To get the Market Rent the Suprement Court of India has ordered in some other case with detailed guidelines but how to inforce the same when there is an eviction case going on.
Debjit
08 June 2011 at 08:33
Dear Sir,
We have a tenant at my ancestral property since long. The eviction case is on for last 25 years and the tenant is enjoying the premises on paying Rs. 75 rent.
What steps can be taken to bring the tenant under agreement bindings.
To get the Market Rent the Suprement Court of India has ordered but how to inforce the same when there is an eviction case going on.
ownershi of plot
I have purchase land from the original owner whos name shows in the 7/12 extract till date from he purchased in the year 1968.
my question is that the same land has been surrendered by some body in the year 1986 by producing falls and fabricated ownership documents to the govt. and he has availed benefits from the Govt. The original owner has handed over possession of the land to me at the time of sale deed.
Is there any complication arrive in future for my ownership?
Waiting for your reply.
With best regard
Sitaram Borchate