james
11 June 2017 at 18:43
Dear Sir,
I had advanced some money to a partnership firm, in Jan'2007 and taken as security,their POA to sell 15000 sq.ft. out of total 37000 sq. ft. of land standing in the firms name, in the event they do not return the money within 6 months. It happens that the said property of 37000 sq. mts. was also mortgaged to a nationalized bank (SBI), which I was not aware. However, one year after I gave the advance money to the firm, the bank in Jan'2008, issued a single public notice in local news paper, in English language to say that they have taken symbolic possession of the entire 37000 sq.ft of land standing in the name of the said firm, under section 13(2) & 13 (13)of SARFAESI ACT 2002.
I was also not knowing of the said possession vide the said publication.
In July'2008, I sold 10000 sq. ft. of the land to a friend and recovered 1/3 of the amount owing to me by the firm.
On 12th.Feb'2010, the said bank issued a no dues certificate to the borrower firm, which is worded as follows:
"To Whom it May Concern. This is to certify that there is no outstanding in the dues account".
On 15th. Feb.2010, one person, a third party entered the premises and forceably took possession of the whole 37000 sq. mts.
My friend who had bought the 10000 sq. ft from me confronted this third party on 20th. Feb'2010, who produced a sale deed executed on 12th.Feb 2010 which is the date on which the no dues certificate was issued to the borrower, and said sale deed of 12.02.2010 is registered on 15.02.2010.
The vender in the said sale deed of 12.02.2015 is the borrower firm.
The Mortgagee bank (SBI) does not feature in the said sale deed of 12.02.2010.
The said sale deed of 12.02.2010 is executed two years after the notice by the Bank.
There is second publication in vernacular published as required under Rule-8(2)
My friend filed suit in April'2010. which is underway. The defendants to the suit are the said third party and their vendor who is the original borrower firm who had issue the POA in my favor.
The stand of the third party in the suit is that the sale deed of my friend is executed during the subsistence of the said mortgage, hence void. This third party however has no privity to the said mortgage.
Since I executed the sale I am very concerned.
Question now is, will a sale deed executed in favour of my friend survive, after mortgage is redeemed, as against a sale by same vendor to third party executed after mortgage is redeemed.
Your advise will be greatly appreciated.
thanking you.
James
ravivakill
11 June 2017 at 15:56
Can you guide me and let me know about Supreme Court or High Court Decision regarding the protection of possession. The case is in this way I am in the possession of shop since 1987 but electricity meter is in the name of Landlord but all the bills I am paying. Now landlord complaint to the electricity board to remove the meter from shop premises can he do this or will I protect by law? If any judgment is available in favour of tenant? Please let me know?
S.D. Singh
10 June 2017 at 20:41
I filed a case against builder in district forum for not giving possession within due time. Cost of the flat was 34 lacs. I paid rs. 17 lacs. Terms were payment of interest @ 15% on amount deposited till possession. After 2 years neither he paid agreed interest, nor started construction. When we asked for interest and possession, he demanded balance rs. 17 lacs otherwise to cancel the allotment. Besides filing of FIR by me, I also filed consumer case in district forum. The relief sought were 1. To order to builder to provide possession at earliest. 2. To order to builder to pay agreed interest , 3. To pay compensation of rs. 20 lacs. My query is whether my case falls within the jurisdiction of district forum, which had jurisdiction upto 20 lacs only. And if not, whether I should request court to transfer my case to state commission. Is it advisable. Please help experts.
New_User15
09 June 2017 at 23:47
Hi Experts,
I have the below query
Assistant collector RCS Delhi, is attaching the salary of my brother who works in AAI. Below are the facts
1. My brother is member of multiple T&C Society, and he has given surieities of people also in multiple socities.
2. All this membership was made by agents of respective socities, who got all the documents , surieties executed.
3. On receiving the membership, my brother has taken loans/credit from various socities.
4. In cases where my brother is surety ( every member has 4 suirities ), and the Principal borrower is not repaying the loan, Assistant Collector has been sending order to his office for salary attachment for recovery of dues of Pricipal Borrower.
4a. SOme of the members are working as government employees, and some are not working.
4b. No action has been taken against any other suriety for same Principal Borrower.
5. When salary attachment for surities was not enough , Assistant Collector issues attachment letter to Bank where the salary of my brother is credited.
6. Assistant colelctor in collaboration with all T&C society has taken him as an easy pray to recover the money and has trapped him.
7. Due to all these attachments, he is not able to repay the loans taken by him.
8. His salary and bank account to the extent of 95% has been attached, and he is left with no money to run his livelihood.
Now my query is:
1. Is Assiatnt collector in legal rights to issue all the attachment letters against my brother only and not catching any of the Principal Borrowers.
2. Can a legal action be initiated against Assistant Collector for misusing his duities and collaborating against my brother.
3. How can the salary attachment be removed, so that my brother gets some amount atleast to repay his loans?
4. What sort of legal action be initiated against Cooperative societies for providing incorrect information to Assiatnt Collector, and trapping my brother.
Razul Gupta
08 June 2017 at 12:08
Hi everyone,my name is Razul Gupta.
I inherited some property from my grandfather directly(in 1999,when I was 11 years old),that includes 4 shops and the land behind it.Till now I was doing a job in Delhi after completing my studies,so my father used to take care of the property.Two years ago,I quit my job and started a restaurant on a rented property in Shahjahanpur,for which I used to pay Rs 20,000/- as rent. It has been few months since I closed the restaurant because of the highway broadening and reconstruction.
I am jobless now and literally doing nothing.
I want to get my property vacated from all the tenants to start my restaurant on my own property.
We do not have any agreement with the tenants(excluding one tenant with which my grandfather signed a 5 year agreement in 1995) and we do not issue any rent receipts.
Rent of the shops is also very less as these were rented 12-16 years ago. These tenants have grown richer now and have political connections so they simply refuse to vacate. Also they do not pay rent on time. Two of these tenants haven't payed rent since six months.
Kindly suggest how do I present my case before the court? Should I go one by one or file against all of them at once. Also, what would be the best grounds for eviction,that I should go with? Use of my property for personal use or non payment of rent.
Moorthi
07 June 2017 at 22:48
Hi
I executed a Settlement deed (Land) in favour of my brother on 15.10.2014.
But now my brother is filed a case against me for some other property issues.
Can i cancel that settlement deed now by way of court
is there any time limit to file a case for cancellation of that settlement deed
Ashish
07 June 2017 at 22:28
My mother who is a Senior Citizen and a heart patient, has filed a case with the National commission against a Builder for refund of amount paid since the apartment was not ready for possession as per the agreed terms and No Occupancy certificate is there.
But the Court is not admitting the case and had also asked the advocate to withdraw the same.
Can anyone please suggest whom to approach if the Consumer Court is not ready to listen to the grievance of the Consumer ?
Thanks
Shekhar
06 June 2017 at 23:09
A person is missing from Jan 2007. For civil death a suit has been filed in civil court in 2014 by the son of that missed person but after passing 3 years case is still pending. Is any other way to get the death certificate? A plot is registered with that missed person and son of missed person wanna sell it due to some financial problems. Please suggest best and quicker way! Thanks
hema
06 June 2017 at 19:17
Does the married women can have part in fathers property but they are chirstians
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Cash loan
Dear experts
I given an amount of Rs.3,00,000/-in cash to one of my relatives on 04.06.2017 on a condition that he has to pay on 09.06.2017. But not paid and threatning that he don't pay saying that he did not received through cheque. But he executed a promissory note agreeing to repay the amount interest @24 percent p.a. infavor of me.
Can't I recover the amount from the court of law
Kindly advice on this.
Thanq in advance.