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Anonymous   09 August 2018 at 02:12

Attachment of mortgage property

We have a house worth nearly 40 lac in our village for which we have taken 12 lac as mortgage loan from bank. One of the persons filed pronote a case stating that we should pay him 4 lac in court attaching the same property. Is it possible to attach the mortgage property and approach the bank for the auction if he get a decree

ess   08 August 2018 at 11:08

Succession certificate

I need specimen of the petition for succession certificate filed in Delhi Court. Please oblige.

pushpakrishna   07 August 2018 at 14:45

Amendment of negotiable instruments act.

Dear experts
On 2nd August, 2018 an official Gazette came in to force as negotiable instruments act (Amendment) 2018.
If a person filed a complaint u/s138 of ni ACT already in the court of law.
Hence I requst you that whether the amendment is retrospective or prospective.
Kundly let me know the details of the same.
Thanq in advance..

Priyanshu Mehta   07 August 2018 at 14:32

Documents submission in court

Respected Sir

As we have plot in village and when we visited it was illegally occupied by land grabber and whe we file complaint to police the land grabber filled civil suit against us stating that the land belongs to them not ours.The land grabber failed to prove the land due to unavailability of original land documents. The court has banned the submission of evidence of land grabber and court further moved to our counter claim we filled.

Now our lawyer is demanding us to submit the original land documents including land puchase deed, sale deed, land record paper etc.

I have some queries in this matter which are :

1. Do the court demands original documents of land and keep it in the court untill the case is not finished ?

2. If the original documents is misplaced, stolen or lost somewhere else is there any guarntee provided by court ?

3. Can we submit the attested copies of land documents instead of original one ?

I request you to do the needful and your advice are highly appreciated.

Thanks & Regards

Shubhi   07 August 2018 at 11:22

Money is not being returned. Only Post dated cheques issued

Please advise me as I am seeking for your help urgently

In Jan'18 ,One of my knowns had requested me for some money as he has to send money for daughter's higher studies. But it was so urgent he could not arrange from bank, as he said so.

As he requested me so many times , I helped him with money and one of my friends also provided money along with me to him as I don't have so much money.

My known issued post dated cheques to me and my friend for repayment of that amount.But my known requested not to deposit those cheques and issued new post dated principal amount cheques with some interest amount cheques , both principal cheques and interest amount cheques to me and my friend.

But still he is requesting not to deposit as he doesn't have funds now and will tell us as he is waiting for some funds.

Kindly let me know how can I get my money back as it's six months now and he is not paying back our money as we both need money.

Kindly advise

Anonymous   07 August 2018 at 10:17

Can co-op society cut power and water supply?

Hi. We have been residing in an apartment society since 2011 June, at Coimbatore, Tamil Nadu. We have been paying the maintenance charges without any defaults (well before the deadline). Also, we have paid all the extra requested charges like bonus, repairs, cleaning, new installation of something,etc whichever they requested, without any hesitation. Last year they took up exterior painting project and charging 35k per apartment. Our society consists of 88 flats with 5 blocks with 40 2bhks and 48 3bhks. Exterior painting area is approx 1.5lakh sqft. We felt that it's quite expensive and gave a few suggestions having same painting and other procedure but different company/contract which might reduce the amount to at least 25k with the same end result. They didn't even consider it. We also asked why there s no difference in the amount between 2 and 3 BHKs since only 2 blocks for 2bhk and 3 for 3bhk. When asked they said there will be a difference and will let us know. But they didn't. Also, they promised to return the remaining amount after painting work is done, which they didn't. They're ​using it to do swimming pool repair work also demanding extra 1.5k from each house for the same. We have only paid 10k for painting fund since we have many unanswered questions. Now they're threatening us to cut the water and power supply to my flat. (More than 50% of the flat members were reluctant to give the painting amount, but they threatened them and made them pay. So it's only us who hasn't paid the full amount yet). My question is, can they cut the power and water supply? Is it legal? Is there anything else for us to do? Please help us with this issue.

Thanks in advance.

Anonymous   07 August 2018 at 03:31

Will Issue

Hi Experts,

I have below mentioned Issues wrt a Will which has been creating problems for us.Can you please provide us with details of Judgements by Supreme Court of India in this regards?

1. Is it manadatory for a Will to be registered ?

2. Is a Will acceptable if it certified by Notary Public on Rs 5 notary stamp ?

3. The Testator has written like "After my death, all the rights that I have will go to my Wife and after her death all the rights that I have will go to my Brother and Sister".

Can a Will be accepted as per Law, if the transfer of rights are mentioned in this hierarchy ?

4. Can a Witness to a Will be 2 Advocates ? The Will has been attested by 2 witnesses who are advocates.

I have heard the Advocates cannot be witnesses to a Will as per Supreme Court's judgement. Can you please provide the details of that Judgement ?

Thanks
Ajay

Roland Noronha   06 August 2018 at 20:34

Chsl share certificate

Every member of the Society is holding a share certificate which is 50 X 5 = 250. Asper latest rules every member should hold 50 X 10= 500. How to issue this certificate. Do we have to issue another share certificate 50 X 5 =250 to make it 500 or advise the members to surrender old share certificate and issue a fresh certificate of 50 X 10 = 500 with a remark issued in lieu of old share certificate number........? Your advice will help us to take corrective action. Thanks
Roland Noronha

Anonymous   06 August 2018 at 15:08

Pagadi house share

Need advice on the following : Need advice on the following : The pagadi house being situated in Mumbai is on my mom's name. Earlier I was staying at the house along with my mom and sisters. Both sisters are younger to me. Lost my dad at a very young age. Took care of mother as much as physically and financially possible until her death couple of years back. Due to constant differences between my younger sister as well as daily fights, I had to leave the house as she used to fight and then threaten to leave the house / commit suicide etc. My younger sister stayed at home along with my mom and took care of mom after I left, however, I used to visit the house every week and take my mom out etc. After mom was bed ridden, I used to support financially and visit her as much as I could. Whenever, she had to be hospitalized, we share the expenses, responsibilities etc. I married off the elder sister and bore all her marriage expenses as well as did all my duties as a brother when her first child was born. She is also non-supportive. Younger sister, I sponsored her education and made her a masters in Law based on which she is currently working in a reputed bank in a good post. A time came when younger sister could no longer bear the expenses of mom and then after sending me an email, she left the house abruptly. My mom was then taken care of by the maids whom we had employed to take care of mom. Younger sister left the house saying that she could not bear the expenses of mom and got her own house and started staying at that location. I used to visit mom and take care of the maids salaries as well as the grocery expenses, maintenance expenses, medical bills etc. Sister rarely used to visit during this period. After my mom's death, due to age related complications, younger sister again started staying in the house on some pretext or the other. Since it was not possible for me to stay at the flat due to some challenges, I let her visit the house as and when she pleased. She currently visits the flat, say 2 -3 days in a week, most probably on weekends and stay at this place while on other days she will be staying at her own flat with her husband. Recently, I tried talking to her to sell of mom’s house as I am going through some financial difficulty, I am also job less since past 3 -4 months. However, she refused to help me and also does not allow me to sell off the property saying that she needs the house for self. Tried talking to her amicably many times, however, she refuses to co-operate. She is keeping that house as a cat house, wherein she has a few cats as well as two maids who feed and try and keep the house clean. Off that is one old maid who is not even able to manage her day to day needs.
Given the above, what options do I have

1. in forcibly selling the flat and getting my share of the property?
2. I am also interested in recovering my expenses from the sale of the flat, if possible, before distributing the balance share amongst my sisters.
Please advise.

Thanks
Ramesh

Anonymous   06 August 2018 at 08:37

Permanent injunction

Whether a Co Op Credit Society can file a suit for injunction before the Civil Court against third person who is trying to encroach upon its property ?