Abhijit ppp
14 December 2016 at 19:08
Hello Sir,
1)Plentiff filed suit for Specific Performance in civil court.
2)Court ordered money decree in favour of Plentiff.
3)Plentiff preferred appeal in High Court.
4)Defendent got notice and appeared through lawyer in high court.
5)During hearing, due to change in rule below 1 Cr. matter got transferred to District court, without any order in matter.
5)All the process took 3 years from judgement.
6)Defendent appeared before ADJ.
7)50 days after appearence defendent gave Application to declare him Insolvent(pending for arguement and order).
Now, What are the options for Plentiff to get relief.
Please Guide.
Member (Account Deleted)
14 December 2016 at 15:23
Dear Sir
My Father had taken agricultural loan of Rs.20,000/- from Bank of India (Ratnagiri Branch) in the year 2006 but the same is not known / inform to us (family members). In the year 2012 my father is expired. In the year 2014 suddenly the branch manager from above mentioned branch inform me about this loan through my friends in my native place. after few days I visited the branch & had meeting with the branch manager. I asked branch manager to issue notice to me (for loan recovery) or give me in writing the details of loan but he denied for the same. in the last 10 years (from the date of loan taken) we have not received any notice from bank for the recovery of loan/ installment.while discussion branch manager told me that this loan was wrongly treated / accounted in our system & it was not showing in our loan account & during the audit it is come to know. today the branch manager had came to my house & he was insisting my mother to sign some papers. now the bank is insisting to pay Rs. 46000 (20000 principal + 26000 interest)
Please advice on below points
1) How can i make sure that loan was taken by my father
2) how can bank wait till 10 years without recovery of loan
3) how can I check if government had waive off agricultural loan taken from farmers but because of bank mistake this loan was not waive off.
Thanks
Sudip Shome
14 December 2016 at 12:55
Dear Sir,
This is to inform you that I am the only heir of my parents who were expired. But they both are trusty member of a land which was bought by them and along with other members and after buying the same land a school was built on it which later on was affiliated by the West Bengal Govt.
But due some or the other after running for lot of years the school was closed. Now some builders and local counsellor want to start an English medium school their which I AM SURE THOUGH THEY SAY THAT BUT LATER IT WILL BE CONVERTED TO A OWNERSHIP REALESTATE BUSINESS.
Now my question is that if a school grows OK or I am against the same land to become ownership flat by the real estate businessmen.
So in this status can I be a member of the same trusty? And secondly can I claim my right for the same?
JAGADHEESH
13 December 2016 at 21:42
We are two brothers living with mother in a home built by my father. My father expired in 2015.Both of our families are also living there. we have a total of 40 cents of land including a two storied house. All the properties except 3 cents of land belongs to my father while the 3 cents of land belongs to my mother.Now due to dispute in the family we decided to partition the property into two halves. And mother will have life interest on both property. In the first half , half of land and home is included and in the second half , half of land plus half of the value calculated for house are included. My brother is an LLB graduate and is crooked minded. As he had changed his decision on partition many times, I have the following doubts.
1. What is actually the life intetest?
2. Will this life intetest of my mom on my property get terminated automatically in the event of decease of my mother?
3. When the mother is alive is it possible for mom to make a will on this life interest so that it is transferred to another person after her demise?
4. Is it possible for mom to sell this property?
5. It is the property that belongs to me but mom has life interest. In this scenario can I get bank loan?
6. In case of any emergencies can I sell this property with my mom 's consent?
7. Is there any possibility of raising repartitioning that my brother can do as my mom has life interest on my property in the event of death of my mom?
8. I suggested that I can put a clause that my mom can live until death in the home that I build on the land I get through partitioning. But my brother oppose this telling that my mom should have life interest on my property. What is the right clause .... as i suggested or life interests?
9. My brother also told that even famous legal practioners fear to put life interest on the property. Is there any danger in putting life interest of my mom in my property?
Keshav kamra
13 December 2016 at 19:04
My uncle took a commercial loan from a bank and because of non payment of emi, bank initiated arbitration and then execution in court. The loan AMT was 14 lacs and outstanding is rs 12.57 lacs.please guide whether it is right or wrong by the bank as loan AMT is above rs 10 lacs and it is still not referred to DRT.
MSC Shekar
13 December 2016 at 18:00
In a civil matter a existence of particular Deposit in favour of individual/Petitioner is already proved in a writ petition and according a favorable order from a High Court is given in this regard.
When the same individual/Plaintiff files a Original suit citing the Order of the High Court in the Trial Court. The Trial Court is again asking the individual/Plaintiff to again prove the same matter in the present suit.
Is the Trial Court is correct in this regard?
Please advise Thanks in advance
Krishnaraya
13 December 2016 at 15:56
Hi All,
I am a Hindu, divorced in 2012 by mutual consent wherein (1 son)child visitation rights were twice a month(sundays). I Am involved with a woman prior to divorce and now my ex wife mentally harasses me by sending all our recorded telephonic conversation(downloaded a spyware on my mobile) to my relatives and that womans relatives to humiliate and blackmail us.
Now for past 3 months shes not letting me meet the child and causing trouble by interfering, stalking and also messaging unnecessary stuff stored with her and threaten to go viral with all pics and audio. kindly advise what steps to be taken.
HITESH SHAH
13 December 2016 at 14:04
RESPECTED LAWYERS, IF FATHER MAKE REGISTERED WILL OF HIS SELF EARNED PROPERTY IN FAVOUR OF TWO CHILDREN AMONG 3, THEN AFTER FATHER DEATH THIRD ONE CAN CHALANGE FOR HIS SHARES?FIRST TWO CAN GET ANY DIFFICULTY IN TRANSFERRING THEIR SHARES ON THE BASIS OF WILL?THANKS
Gaurav Gujrati
13 December 2016 at 11:38
Sir,
We were the borrower in Consortium which was constituted by Three Bank in which SBI was the leading bank. At the time of execution of Hypothecation Agreement with 3 lenders bank. We have paid stamp duty on the total loan amount. And thereafter our loan limit were increased vide another Hypothecation agreement executing between us and the lenders bank and we paid stamp duty on increased amount. Now out of three lenders bank we have settled with two banks and only one bank i.e Vijaya Bank is with us.
Now Vijaya Bank has increased our loan limit and asked us to sign independent hypothecation Agreement only with them and also asked us to pay stamp duty on total Loan Amount.
My question is that;
1) whether we are liable to pay stamp duty on total amount. However, we have paid two times stamp duty on differential amount at the time of consortium with three banks ?
2) whether stamp duty should be paid only on differential amount ?
3) Whether we are entitle to pay stamp duty on new agreement with independent lender or documents can be executed on stamp paper only ?
Your views would be appreciated.
Thanks
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