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BHARTI KOTHARI   12 February 2016 at 07:04

Attachment

loan was taken by father for purchase of vehicle by way of hypothecation from financer. in default the ex partee award was obtained at delhi and execution of the same was sought at Mumbai as property situated at Mumbai and accordingly even execution application was allowed and property attached under 21(54) of cpc. now the position is this that property stand in the name of grand fathe. Q.1 can other sibling of the father make chamber summon for removal attachement as the same was no his exclusive property ? can I take out instead of sibling ? grand father expired

pankaj   12 February 2016 at 01:58

Not able to pay my personal loan emi since last 9 months

I took a loan from hdfc bank of 200000 in january2014 and lost my job in june 2015 after that i have lost my job and i am still jobless. and i have not paid the emi since 9 months . loan duration is 3 yrs.
now recovery agents are chasing me like anything.



i m still not in condition to pay emi..
plz suggest me what should i do......

gopinathan   11 February 2016 at 18:45

Whether contempt can be filed

Honble Madras HC in a WP ordered interim injunction on 30/10/2015 for not to pay road work bill amount of Rs.5.5 lakhsto a contractor until further orders.

Meanwhile the head of office BDO uploaded a data on the govt department website that the work was completed and paid 5.5 lakhs in voucher No.9 dt.12.1.2016 throuogh his login.

But actually that bill was not paid. He done for administrative target.

Now in this circumstances whether i can file contempt petition against BDO and district collector(respondents)

saravanan   11 February 2016 at 13:49

Can bank close my fixed deposit and take my money without notice?

Hi i have a account at indian bank.i cashed a cheque that a person gave me and received money after 6 days.Then i took money from bank account after two days.Few days later the bank manager called me and asked me to give the money back because the cheque bounced. i told him i have to consult my lawyer.he then threatened me that he will cancel all my fixed deposits and make my balance to negative amount.after two days i got message for transactions showing he debited money after cancelling my fixed deposit. he told me that it is within his rights to do so. i got no notice from him.Is it within his rights to do so?. i have original bonds with me.Should i take this issue to court?.

Vikram   11 February 2016 at 11:41

Changing the advocate

Am Vikram. Have 4 civil cases running between me & my tenants in which my father is also Defendant No. 2 from March 15. We have made my father as Def 2 because the property came to my from a HUF partition between me, father, mother & brother in 2012. due to some circumstances i along with my wife came out of the house & separated from them since June 13. since then my father didnt allow my tenants to pay rent to me. Even after several reminders to tenants from me, they didnt pay the rent from June 13 to March 15. So took the legal action against them. In Dec 15 out of 4, 3 came to evidence. I had paid a fees of Rs. 40k as court fees & Rs. 1.30 lakh as fees to advocate. My advocate is demanding more & more fees like he wants Rs. 1 lakh again as his fees which is really a heavy burden on my part. Our tenants came for compromise & we had made a 11 months agreement between all 4 of us. If i tell this matter to my advocate, he will surely demand more fees & create a problem for me. If i want to change him without NOC whats the procedure for doing so? Please help me to come out of this problem with your valuable input.

Zakir basha   11 February 2016 at 09:16

Case disposed due to both party were absent

Hi,

Can i re-open the disposed case, Once it has been closed while both party were absent.
Status shown as below.

Business : PLAINTIFF AND DEFENDANT CALLED ABSENT AT 11.05 AM BOTH SIDE NO REP. PASSED OVER CALLED ABSENT AT 2.35 PM SINCE THE SUIT IS LISTED FOR TRIAL CONSEQUENTLY THE SUIT IS DISMISSED FOR DEFAULT AND NO COSTS.
Nature of Disposal : DISMISSED FOR DEFAULT

papu   10 February 2016 at 23:20

Legal heir certificate- andhra pradesh

Dear Sir,
Here is the situation. My father passed away this year Aug. He has a house in his name in Andhra pradesh. He has left behind my mother, my elder brother (married) and myself (married).

My parents stayed for around 2 years in that house (2007-2009) and then came & settled with me due to personal reasons in Bangalore Karnataka for the last 5 years or so. My parents have all their IDs like adhar etc created with Bangalore address. Now father fell ill and passed away in Bangalore and he did not have any WILL written.
My brother continue to stay in my father's house since 2009.
Now we would like sell the property. We were told we need to get family member certificate/Legal heir certificate.
Now here are the questions.
- My father was private employee retired from cooperative sector in Karnataka in 1991.
- Do we need Legal certificate or Family member certificate (as per AP govt website this is not legal heir certifiacte).
- We dont need to certificate to claim any benifits from Govt but we need it for the purpose of selling property.
- We were told MRO/Tehsildar will issue family member certifciate only for the Govt officeal if deceased.
- How do we proceed further? Which certificate needed for selling property and who would issue the same?
- Whether we should get the certificate from Andhar Pradesh where property is located or in Karnataka where my father lived last few years/died.
Please guide us.

hrishikesh   10 February 2016 at 16:59

Termination of rent agreement- partnership firm

A Partnership firm constituted in 1975 with following share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 20% partner D 20% partner E- 20% Partner A& B have entered into a rent agreement for 5 years with a third party without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil for termination of agreement and filed chamber Summons in sessions court bombay for payable rent which got rejected as in main suit only pray was for termination of agreement and not creating third party , So thereafter they have filed an AO in high court bombay which is pending to be called for but it is been almost 5 years that theyhave not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. Partners have got statasco order from court but the status quo order was only it seems they will not create third party which even they have giben in writing and has become absolute . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C, b & E concurrence. Please advice how shall other partners can stop THE RENEWAL OF AGREEMENT AND RECOVER their rent.

hrishikesh   10 February 2016 at 16:44

Partnership firm- society dues

We are a Partnership Firm consisting of 4 Partners:
Partner 1 - 25%
Partner 2 - 25%
Partner 3 - 25%
Partner 4 - 25%

The Said Firm had shut operations in 1990's and thereafter had accrued huge Society Dues over a number of years

With the objective to settle Society Dues The Firm had leased out its premises to a 3rd Party at the market rates then prevalent. The arrangement worked out was that the Rent or compensation derived would be paid directly to society to settle the outstanding dues

One of the Partners viz Partner 1 due to differences with the other 3 objected to the same and issued letters to the Society as well Dy. Registrar of T-Ward not to issue any NOC since he was not in favour of giving the premises on Lease.

The Dy. Registrar T-Ward issued an order to the Society not to issue any NOC to the Firm or the other 3 Partners to Lease out the Firm Premises, which was unlawful and illegal since the Dy. Registrar does not have any such jurisdiction and/or powers.

Basis the Order issues by Dy. Registrar the Society refused to issue an NOC for Leasing out the Firm Premises and settling Society Dues.

As a result the Firm has accrued huge Society Dues and also accrued damages of more than a 90 Lakhs due to Non Leasing of Premises.

Pls advise on the future course of action

Ram kumar   10 February 2016 at 16:23

Property partition

Sir my father has 8 brothers and two sisters my grandfather had agriculture land which is divided among his 8 sons including my father orally after the death of my grandfather his 4 son has registered their part on their name.the part my father got is actually purchased by my grandfathers father on the name of 3 elder brother of my father(at that time my father was not born).now my father want his part to be registered on his name .2 of the elder brother are ready to sign on the sahmati patra but 1 the eldest one is not ready.now I just want to ask is there any way we can get our property.it would be a great help if I got valuable suggession from the experts thanks.