srinivasaraokorrapati
15 December 2014 at 19:55
We was given a sight to builder for devolpment in narasaraopet andhra pradesh. As per the agreement time is over still he was construct only one floor out of five. When we approach him he was not given any satisfied answer. Now i requested you which method is better to solve the issue out of court because if we proceeding to court the time taken second is there any agencies to solve the issue whith in short period, finally which is the better way to solve the issue in short period
M M Jaya Rao
15 December 2014 at 15:18
Dear Sir,
We have given 350 sft site to the builder for developing into a group house consists of eight flats. Out of eight, builder agreed to give us 3 flats.
My father had given original documents of our property to the builder and in turn entered a plain agreement stating that out of eight flats, we would be given 3 flats with flat numbers mentioned thereon. My father has two children. Myself and my sister who is older than me by 4 years. My sister is a divorcee now. She has two children. One son (elder), and one daughter. My sister's daughter got married and blessed with a baby boy. Sister's son not yet married.
In the agreement entered betweenmy father and builder, there was no mention about my name or my sister name or my mother name. Our apprehension is, if anything happens to my father who is a heart patient and cancer patient, what about the legal possession of the property? I am sorry to ask you this question. But it is our hard earned property. We should take care of the property for my mother, sister and myself.
Can my father now write a will in favour of my sister and myself pending the construction of those flats? It may take another 6 months to complete the construction of flats. But meantime, we do not want to take risk.
Kindly advise us.
nivas ramachandran
15 December 2014 at 11:47
A PROPERTY WHICH IS MY GRANDPAS FATHERS... MY GRANDPAS 2 SISTERS SAID LIKE WE DONT WANT BECAUSE WE ALREADY GOT OUR SHARE... BUT ONE SISTER SHE IS ASKING FOR SHARE...
SHE GOT MARRIED BEFORE 1953-1954.... SHE OWNS ANY LIABILITY ON PROPERTY?
one lawyer once told me like.... it cannot be offered to her because she got married before 1956...
Sunil kumar.S
14 December 2014 at 22:56
sir
a manufacture has to pay back my money that i have given for purchase of a product & sell to another buyer company . The buyer has rejected the product due to poor qulaity.
The same product i have sent back to the maufacture and requested for my money back, were the manufacture has rejected to pay.
the correspondance stopped on 2011. But i filed a complaint with police station (via online) & the reply below
Mr. Sunil Kumar your complaint/E-mail diary No. 212/CC/E dated 12.08.2013 and your complaints enquiry officer was SHO P.S Mujeser Faridabad. During the enquiry matter was found civil suit nature it was non cognizable offence. Now no action require in this complaint. It is for your kind information only.
let me know if i can still make money reovery suit ?
sunil
niky......
14 December 2014 at 22:04
Hello respected experts,
This is regarding civil case of rented house evac. The plaintiff(owner of home) is not filing the evidence since last 3 hearings and purposely delaying most likely because he don't have any evidence and has put a fake case on me (defendant - tenant).
Can a application be submitted to the court stating this fact of delay, as the judges have changed in meanwhile and might not be aware of this.
Is there any specific law which states that within X days the evidences need to be filed by Plaintiff?
Thanks.
Adv B.B.Gambhir #9814820602
14 December 2014 at 20:05
a exparte award was passed at chennai under arbitration and conciliation act.. now the execution has been filed at ludhiana. deal was done at ludhiana, respondent now jd is residing at ludhiana there is branch office of the dh at ludhiana. now jd has to appear in execution on 16.12.2014.
what is the remedy and what step has to be taken by jd
i could not appear during arbitration proceedings now what is the remedy for me during execution proceedings
Munish Kumar Garg
14 December 2014 at 20:04
Hello members,
My client had entered into an agreement with one company and had taken one shop on Sub-lease (as the company was also under lease for 66 years which was agreed by HUDA, Haryana Urban Development Authority, and Sub-lease was also permissible and authority given to the company) for a period of 66 years and total amount was settled Rs.40, 00,000/-, out which my client has already paid 20 Lacs through Cheque and now the company is not even giving any allotment number of any shop nor offering any possession over the shop.
Now my grievance is that whether I have to file the Suit for Specific Performance of the Contract of I can move under the Consumer Protection Act.
Please tell me what the method I have to adopt, as I read but could not able to get the answer of my query.
Thanks
Munish Kumar Garg
monty lamba
14 December 2014 at 15:35
Dear All Sir,
i was filed one property suit against our tenant suit for declaration, possession and injunction.
at THE time of preceding one person(Applicant ex property owner brother (deceased))
file u/o 1 rule 10 application. behalf of fabricated & false WILL
ARGUMENT PENDING FOR THIS APPLICATION IN HON'BLE COURT.
2.BEFORE ARGUMENT I'hv check from signature expert opinion for APPLICANT False & fabricated WIIL with
deceased Original Bank Signature (signature copy provide by bank in other complaint case)
expert opinion is find signature by two difference person.
3.false & fabricated WILL attested by false & fabricated Notary Public (AS PER RTI REPORT)
Sir my quarry
1.Will i be filed complaint case against applicant behalf of this fact ?
2.At the time of argument this application allow or not allow by hon'ble court to applicant.
3. your other valuable advice
jitender
14 December 2014 at 13:19
Mr.A filed a suit for recovery of wages and was decreed exparte by scj delhi. Thereafter compny x against whomthe decree was passed appeared and filed order 9rule 13 application. The decree holder died and wife of DH moved application under order 22 rule 3 cpc and application was allowed by scj in execution proceeddings comapny x filed review and recall apllication on the ground that order 22rule 3 doesnt apply to execution proceedings as per order 22 rule 12 and since its dcree only wife cant be substituted all class one legal heir names are not on record. but the review and recall appliction was also dismissed and ordered impleadment of wife and ordered warrant of attachment even when order 9 rule 13 application is pending. To which court can company x appeal against this order and under which provision coz cpc doesnt provide for apeeal against orders passed in order 22 rule 3 application. Experts advice is required on this... Pls help..
Thanks.
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Sarfaesi and contract act
My Case is :-
SME Loan was sanctioned in 2007.
There was change is Govt. Policy and my Business was under Prohibited list and thereby not generating profits to repay the installments as per the agreement.
Declared NPA 30.06.2010
Sarfaesi Notice was issued u/s 13(2)on 29.11.2010
Objection / representation filed within 60 days i.e on 26.01.2011. No reply was ever given by the Bank.
Business was sealed by the Government on 09.02.2011.
Though Bank had full knowledge did not make any efforts to help the borrower during this difficulty instead filed a money suit on 31.03.2011.
In written statement all facts were brought before the court and thereafter bank did not attend the court. Finally Money suit was dismissed for default on 1.10.2013. The restoration petition filed by Bank has also been dismissed on 27.11.2014.
With the efforts of borrower in other court cases Business was de-sealed and handed over to the borrower on 26.12.2013 in a dilapidated and damage condition.
Damage suit against the Government was filed on 06.04.2014
On 25.11.2014 Bank issued a fresh Notice u/s 13(2) making a demand of Principal + interest upto 24.11.2014.
The date of NPA is 30.06.2010.
The business was sealed on 09.02.2011, Causing supervening impossibility.
Ignoring all these aspects bank is making a money claim u/s 13(2) on 25.11.2014. the notice says to discharge in full the liabilities i.e the Total Amount.
1. Is it not barred by limitation of 3 years for money claim?
2. Can bank proceed after its money suit got dismissed?
3. When the business was sealed, repayment stopped as such the agreement is hit by section 56 of contract act, can the security agreement be enforced in such circumstances?
4. The account is classified as NPA due to fault of Union of India, ignoring such facts can Bank proceed against the borrower?