Sanjeev Sharma
14 June 2018 at 09:40
Sir
My Mother died in 1995 without executing will. Our house was purchased on mother's Name. I have no brother & Sister. In 2012 this property was first transferred 50:50 between my Father & myself. After that My Father transferred his 50% share on my Name by registry in Blood relation. Proper mutation was done. Now my father has applied to Deputy Commissioner under Senior Citizenship Act 2007 that this Entire Property be rolled Back on his name as this was transferred on the basis of Blood relation.
Please tell me whether he can roll back 100 % Property or his 50 % share?
GANGO PADHYAYA
13 June 2018 at 22:34
Promissory Note should contain two signatures of the maker one for execution as provided under Section 4 of Negotiable Instrument Act and the other for cancellation of Adhesive Stamps under Section 12 of the Indian Stamp Act
I REQUIRE CITATIONS
Anonymous
13 June 2018 at 18:52
one male person talking to a girl occasionally after some time girl told him that u will have to marry with me at any cost.
what remedial action is available for male person. kindly provide me the answer in detail and make me understand which law to be studied for complete solution and make my male client free from such charge.
Vedamgopal
13 June 2018 at 14:43
We have 132 flats in our colony. Our initial registered society formed in 1987 defunct in 2004. Then we were operating 4 un-authorised society. Now our colony younger team registered a new society but out of 132 say 34 members not willing to join and they are operating their un-authorised society. How to bring them into our fold? How to claim our payment savings ? Is it possible to put FIR or file civil case
Advocat R.Ramesh
12 June 2018 at 05:07
Regards
I had a consumer case at state Consumer forum since 2008. On Feb 2018 the SCDRC directed the Complainants' to present before National forum due to the pecuniary Jurisdiction on account of latest SC judgment.
This case is against the builder and MNC bank filed in 2008 before SCDRC for getting possession of the flat along with compensation.
The Sale Deed registered on 26.6.2006 in the presence of Bank officials and instead of Bank collecting it from RO, the Builder collected it and hand it over to me along with the Builders Agreement on 4.7.2006 which was submitted on 6.7.2006 and the bank took signatory in the Mortgage Book. When asked for the acknowledgement the bank said at the time of final disbursement the acknowledgement will be given. The final disbursement was made on 27.7.2006 in my absence and only welcome letter received and not the documents acknowledgement. When approached the bank, the officer asked to send email to customer care and a reply was received that since the bank follows oral mortgage the bank does not give any written acknowledgement. The EMI started immediately from August 2006. But during the handing over of possession on April 2008 by the Builder, the bank wrote to the Builder not to handover the Possession on pretext of non submission of Sale Deed marking a copy to me.The letter was issued when my EMI is being honoured promptly. Sensing the conspiracy of the Builder and bank I issued legal reply agreeing to deposit the documents viz Copy Sale Deed as per law and ready to create a registered Mortgage at my cost. The Bank did not replied nor accepted the suggestion hence I filed a case in SCDRC on 13.8.2008. I was honouring my EMI regularly and during Feb 2009 the bank took symbolic possession without issuing any letter nor there was any default. The symbolic possession was taken by putting the name of the bank in the flat. I raised complaint immediately on Feb 2009 and I wrote letters till August 2009 in spite of honouring the EMI. There was no replies nor any resolution to my complaint then i suspended the EMI from Sept 2009 by duly informing through a letter dated 15.8.2009. Exactly after three month during Dec2009 I received loan recall notice which was replied mentioning that Iam ready to close the loan account as per loan recall notice. As usual no reply received and during July 2010 received a SARFAESI notice under sec 13(2), accepting the deposit of title deed and a legal reply was sent that Iam ready to close the loan account. There was no reply to that also. This all happened in spite of the proceedings in SCDRC where the Builder and bank was continuously absent and my prayers for exparte was not respected and the proceedings were only going by FS. The bank file his vakalat on 26.08.2010 and the Builder was declared exparte which the Builder moved NCDRC in May 2013 and by paying penalty he joined the proceedings.
The bank moved DRT under RDDB FI ACT under OA in March 2013 and I filed all the documents in original and the bank only dragged the proceedings and ultimately during September 2017 the judgment was reserved and it's pending to be pronounced till date. At present the Possession is with the Bank repossessed without following the mandatory rules laid down by the law. Without taking to the course of paper possession and notice under sec 13(4) . The construction was also left incomplete and the Advocate commission report of SCDRC is obtained.
I had filed all the DRT papers and documents along with the consumer petition.
I had moved the NCDRC as per the directions of SCDRC and while on admission I was asked to prove how consumer case is maintInable when SARFAESI proceedings are going on. I will argue by placing section 3 of the consumer protection act and proving through both, the application of the bank in DRT and the petition of Consumer that the prayers in both differs and hence there is no overriding effect. Please guide if you have any judgment on this and with any other material to be helpful in arguments for admission.
Chintan
11 June 2018 at 19:49
I have purachased flat in pune socty has forced me to pay rs 15600 as transfer fee and 40000 as devlopment charges since i was in urgency i have paid via cheque can society charge given charges how can i get refund
rakshnda bajaj
10 June 2018 at 15:13
the application for execution of immovable property relating to Wakaf Act,1995 by the decree holder which was dismissed in default by the court after calling the parties for several times. An application for the restoration of the said execution was filed thereafter in time and the same was also dismissed in default in the like manner. now we, the judgement debtor understands that now the execution cannot be undertaken despite the provision of filling execution application during the 12 years period as prescribed by the limitation act. The law cannot allow the creation of nuisance of filing any number of applications for execution during the period of 12 years. whether we are free from the liability of execution of our property held by the Wakaf Board? whether restoration of 2nd execution application dismissed in default the 2nd time permissible in law?
Manikandan
09 June 2018 at 20:32
In the years of 1999 we have paid and registered 6 residential plot measuring 1750Sq Ft each, from Mr Kumar the land promoter & Power Agent. But within couple of years. The same land promoter Mr Kumar fradulently altered the survey no and done re-registration of my residential plot to different parties in subsequent years.
Now please help me how to claim the tile declaration and cancel the fradulent second sale deed.
ckanta
09 June 2018 at 13:33
Respected Experts,
I have filed case for recovery of money and summons were served on Daughter in law of the defendant in the year 2012 and he could not appeared and court has passed exparte decree against him. In the year 2017 i have filed execution and summons were sent to him for execution proceedings and again it is received by the same daughter in law. but he has not appeared and then baliff has gone to his house and get the payment in form of Cheque in favour of court and J.D. stated that he has no knowledge of the case and now he has moved application in the executing court and stated that he has no knowledge of the case and execution as all the summons received by her daughter in law and there is DV case pending and we don't have normal relations My query is whether any judgement is there to rebutt his statement as it seems that there is collusion between them as daughter in law is residing in same house for 7 years but case is pending for DV and defendant is simply giving execuse that no service on me and her daughter in law has not told him about the case. Can i get some judgements and suggest whether his ground given in application is legally sustainable or not.
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