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Kmedu   14 July 2016 at 18:56

Cancellation of sale deed vs. bank loan

Dear Experts,

“A” having two sons and two daughters and he is also owning a house property which was purchased out of the family joint nucleus funds. Thereafter suddenly the said “A” had sold away the said house property to the one of his son by ignoring his other sons and daughters and also not consulting with others. The son who purchased the said house property had immediately mortgaged the same with a Bank and obtained a loan.

Now whether the other sons and daughters can file a suit for cancellation of sale deed since the said house property was purchased by their father out of family joint nucleus funds.

Under this circumstances what about the position of Bank which sanctioned a mortgaged loan?

Kindly advise me.

K RAMESH KUMAR   14 July 2016 at 18:26

Insolvency proceedings

Sir, Insolvency Petition was filed by debtor to declare him as insolvent.But the I.P. was dismissed for default. The Petitioner again filed fresh IP for the same relief and it was registered. No petition was filed to restore the previous IP. Is it lawful. let me know about its maintainability.

pawan kumar   14 July 2016 at 16:36

Change of lawyer

Please advise procedure to change advocate

pawan kumar   13 July 2016 at 22:38

Property given to sons by father throgh court decree

Father through court decree gave house property to two sons in 1991.said property was father purchased property not ancestral.Possession of property was also given.After 25 yrs 3rd brother is challenging court decree on grounds that he was not involved in such decision.Whether his objection is maintainable.

pawan kumar   13 July 2016 at 22:24

Property given through declaratio suit

Father had declared in declaration suit that house property be given to two sons.Accordingly court passed decree.Whether such decree requires registration and payment of stamp duty.

pawan kumar   13 July 2016 at 22:17

Change of lawyer

I have recently filed civil suit.Lawyer behaves in insulting manner.I have paid 50% of agreed fee.Defendent is yet to file reply.I want to change my lawyer.can I do it.what procedure I have to follow.Whether I have to pay full fee.or it is sufficient that 50 % fee already paid.

manish gupta   13 July 2016 at 21:07

Will/probate

respected all

what is the alternate of will to probate .

Dibya   12 July 2016 at 22:15

Prosecuted or not?

If anyone gets acquitted on the basis of out of court settlement in a compoundable case,then has he been prosecuted or not.
What to write in the govt job verification form---Prosecuted? Yes or No?
Sir plz reply.....

Mr.LOGANATHAN.R   12 July 2016 at 20:11

Stamp duty and registration fee to be paid in ep proceedings ,which year rate?

Sir,
A instituted suit for specific performance against B in 2009 and the suit was decreed in favour of A. A filed EP for execution of sale deed and the court came forward to register land on behalf of B in July 2016. Meanwhile the GUIDELINE value of the land increased(year 2012) ten fold and A is not in a position to raise such huge stamp duty and registration fee to get the land registered as on date.
Is A is bound pay stamp duty, registration fee as on the date of his suit or as on the present day?. thank you. If A can donate that land to local body / TN govt, without stamp duty?
Please guide legal position with decided cases.Thank you.

Albert   12 July 2016 at 16:37

Help please

Hi Sir/Madam,

My grandfather had purchased plot of 300 sq.yards, after grandfathers demise. My father and uncle wanted to divide the property, however leaving their are 4 aunts who are grandfathers legal daughters, as time went by. My uncle expired, leaving behind is wife and 2 children. His wife got Central Govt Service as my Uncle used to work for Central Govt for India, regarding their children one of them is civil eng and other HR in IT company.

Now, again I am taking initiative to distribute the property into 6 equal parts, including Aunts.Everyone has agreed to distribute the property into 6 equal parts which I am happy about it.But, when my GrandFather was their and even Uncle, my Father has paid more than anybodys share.Present situation, when I have told everybody that my father has paid more in the past and till present , because house was going away from our hands, none of them approach. Only my Father has saved this property. I told them that all Aunts will pay 18% after selling the House to my Father, all Aunts agreed. But, we do not need any share of amount from our Aunty, she will take her share and walk away.

Aunty who is my Uncles wife, even is married with another man. The Man whom she is married with he is already having 2 grown up children, this Man first wife filed cases against them, which we are not sure. Recently, when I looked online about the case detail of my Aunty and her second husband it is mentioned as
w/o..... my Unlce`s name is not their, because she married another person, but they were not able to approve it. Besides, leaving all these things Aunty is against to give any extra percent to my Father i.e. 18% and says she will not give it.But, the point is we are not taking any amount from Aunty.Hence, I thought that we will prepare 2 Bond papers

1) In one Bond Paper, we will make 6 equal parts and in
2) Other Bond Paper we will make all Aunts i.e Fathers Sisters will give 18% to my Father.

My question is

1) Do we need 2 Bonds, in which one will be equal parts and other will be all Aunts will pay to my Father of 18%

2) Or do we need just one Bond into just one.