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Amit   11 May 2014 at 16:23

Can a builder execute a sald deed for a terrace

I have a office in a commercial Building in Mumbai which is more than 30 years old.
It is a three storey building.
On the third floor there is a terrace which the builder has not yet handed over to the society and has his Lock on the same.

He has executed a sale Deed for the terrace in his individual name and claims that he has sold the terrace to himself as an individual.

Not sure if the building has conveyance.

There was no registration required then so it is a non registered agreement.

I wish to know what are the builders (as an individual)rights for the same and weather the society can sell the same to an existing member.

Daljit Singh Mann   11 May 2014 at 12:56

Remedy against execution

A widow of a Government employee filed a civil suit in the Jan. 2008 against State and sought the claim of pension and family pension. Hon'ble trial court decreed the suit in Nov. 2009 and defendants are directed to pay the relief so decreed to the plaintiff. Appeal was not filed against the above said judgment and decree by the concerned official of the state working at that time. Now plaintiff filed a execution petition and Hon'ble court attached the property of the state. My question is whether at this stage, the state can file any appeal or revision in High Court against the judgment and decree passed in 2009 as well as order of attachment passed by the executing court. Please suggest me any remedy in favour of the state along with case law.
Thanks and have a meaningful day.

Mayank Kumar Advocate   11 May 2014 at 11:44

Order 37 c.p.c

MY QUESTION IS ONCE ADDITIONAL DISTRICT JUDGE TREAT A CASE IN ORDER 37 AND SERVED SUMMONED TO DEFENDANT AND NO ONE COME TO FILE MEMO OF APPEARANCE WITH IN 10 DAYS AFTER THAT NOR FILE LEAVE TO DEFEND AS PER TIME LIMITATION OF LAW AT NOW THIS STAGE COURT IS ASKING CLARIFICATION TO ME ABOUT SUIT NOW IN MY SUIT COURT ORDERED PLAINTIFF FAILED TO SATISFY TO COURT SOME CLARIFICATION AND COURT MY SUIT CONVERT INTO SIMPLE RECOVERY SUIT
1. THIS IS RIGHT AS PER LAW ONCE TREAT A SUIT IN ORDER 37 AND SERVICING TO DEFENDANT AFTER THAT COURT CAN CONVERT SUIT INTO SIMPLE RECOVERY SUIT
2. DOES ADJ HAVE A POWER TO review HIS ORDER ?

JEGADEESAN   10 May 2014 at 19:00

Will reg

Dear Sir,

I need to clarify some doubt regarding will.

1.What is the stamp duty should be paid for writing /executing a will ?Is there any standard stamp duty & or based on Property value?.


2.Is there any formality like will should be written by the property holder's hand ? or it may typed ?

3.Whether registration of Will is mandatory ? if yes when?

4.What will happen if the will has not been registered for a long time from the date of demise of the property holder? i.e. more than 15 years due to unknown about the will executed matter i.e. the property holder has not inform to any one of the family member?

GAURAV   10 May 2014 at 14:33

Bank od loan - npa

I have a commercial property at Noida which is secured against a Overdraft Loan facility of Rs.1.50 cr from a private bank in 2006. The Od facility is renewed every year and during 2008 its limits reduced to 90 Lacs.

But at that time my business suffered a huge loss due to non recovery of fund from clients and i was unable to pay the interest thereafter , i.e, oct 2008 onwards.

However communicate with the banker for a better solution of the matter. But the bank shows no interest to settle the matter.

The present value of the property is around Rs. 3.50 Cr.

The bank declared the OD account as NPA and showing the outstanding Balance 1.90 cr. on Oct, 2010. and issue notice u/s 13(2)of Securitisation and Reconstruction Act.

I have written to the bank for a settlement of the matter but they are not interested to settle the same and demanded the whole amount of Rs. 1.90 cr along with interest from the period of NPA to the payment date.

On August 2013 , when i offered a settlement of Rs. 1.83 cr. , as I got an investor with whom i can start my business a fresh. But the Bank reject the proposal.

How can I save my property in this present situation, as I can have no investor now with me.what will be the legal remedies available to me so that the matter will be settle out at its minimum.

Please guide me .

Ahmed Sait   10 May 2014 at 12:25

Insurance claims

The car was submerged in water, in the rains in the basement floor.
Obtained a tow agency to take the car to the garage for repair.
Insurance claim is 3.00lakhs
Insurance co now says is is conseqential damage and can pay on 15% of the claim.
Car is still in the garage after repairs.
Pls explain our stand as owners
rgds
ahmed sait

ragav   10 May 2014 at 11:17

Rc book issue purchasing second hand car

RC Book issues

Hi I purchased a old vehicle which had 4 owners previously. It is a Daewoo Matiz. In the book, the Chassis number is printed correctly (with pencil impression on the book) but the Engine number has a small clerical error.

Actually on engine the vehicle it shows,
S8EV-XXXXXX and on the RC BOOK, it is written out as SSEV-XXXXXX (where XXXXXX stands for numeric digits). The united india insurance on the previous owner also has the same mistake i.e. they have copied the wrong engine number from the RC book and given Third party insurance.

Kindly note that I do not have the original
purchase bill of the vehicle as it might be with the first owner. Further, as the Matiz has stopped now, the Dealer also closed his shop in chennai, so I cannot take his help. I am in Erode which is 400 km away from chennai. The vehicle is registered in chennai only.

Please let me know how I can get this rectified in the RC book. Will it be a problem if I use the vehicle with the mistake? If I want to renew insurance, should I give the actual engine number
or the wrong number as it is in the book.


raghavendra   09 May 2014 at 22:26

Suit for partition

sir,

suit for partition has been filed,along with the plaint we have filed application to appoint the plaintiff No-1 as a guardian of plaintiff No-2 ,here plaintiff No-2 is mentally retired lady and plaintiff No- 1 is aunty of plaintiff No-2, now my question- is court dispose off the appointment of guaradian application first or along with the otherwise issue case will go one.


thanking you

JEGADEESAN   09 May 2014 at 17:01

Hindu succession act

Dear Sir,
I want to clarify a doubt regarding Hindu Succession Act.

I think it has comes into force in 1956.

whether it means all the children (male& female) have the rights to get their share from the deceased father's property who was born on or after 1956 ?

Whether it insist to give any equal share to female member(from the deceased father)who has been married before 1956 ?

Pl confirm based on the law applicable to Tamil Nadu.

sonal   09 May 2014 at 13:24

Urgent help required


Hi guest,

i asked this query earlier also.

pls guide me proprietorship firm kisme register hoti hai?

establishment act or companys act?

pls guide me with the link or procedure of registeration of proprietorship firm?