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Queries Participated

Anonymous   11 March 2022 at 02:00

Mortgage deed and agreement to sale

Dear Experts,
Here is my query presented point wise as
1) My uncle has entered into registered agreement to sale with the owner, as the buyer of an apartment.
2) He then mortgaged the said apartment via registered mortgage deed, with the bank for home loan.
3) He had paid the mortgage money (home loan) and the bank is OK with the issuance of NOC.
*Please note that bank has given the loan on Reg. agreement to sale only and there exists NO Sale Deed for the apartment.

My query, how to nullify the charge created by reg mortgage deed. Reconveyance, possible? As there exist no title deed (sale deed for reconyance), is it possible for the bank to reconvey the mortgaged property?
If there exists any way out to clear off the charge of mortgage from the apartment, which was agreed to be purchased by my uncle, please guide.

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Anonymous   05 March 2022 at 10:08

Custody of baby

Wife has an affair with and wants divorce but is not giving the baby to husband what can be done to get the baby.

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sunil kumavat   24 February 2022 at 12:16

Defamation case

I got divorce in 2017 and it was agreed by both parties that no one will try to contact at the place of work.
Also it was agreed to give her a some of money every month. I had paid the money to her since the start of case (2011) . But due to pandemic n some personal reason I could not pay the money for 6/8 months.
So she filed a case to recover the money and send the summon to me. I could not received the summons for 3/4 month so she send the summons at my head office Adress to my regional joint director.

This is a breach of agreement made at the time of divorce and due to this I face embraced at my work place.

Can I file a defamation case against her.

Please give ur valuable guidance.
Thank you.
Sunil

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Anonymous   12 February 2022 at 15:37

Property in mother's name

We are six sisters and all are married. We are muslims .Our parents are dead.There is an ancestral property gifted to my mother by my grandfather ( haven't seen the property papers myself, however my mother used to tell me this ). There is no Will.
2 of my sisters live with their family in the property and a part of the property is locked up by my third sister.
The property tax for the property has not been paid for many years now and none of the sisters are taking care of the maintenance of the property nor paying any rent.
Please can someone guide me on the below
1. Do all sisters have equal rights on the property
2. Can anyone stake a claim to the property by just paying the outstanding property tax
3 If any of the sister try to unknowingly usurp the property can they do it and what rights have the other sisters in such a situation, can they seek legal recourse
Even if the property is not gifted by my grandfather, and if my father had purchased the property in my mother's name do any of the sisters usurp the property

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Anonymous   13 January 2022 at 15:45

Use of stamp paper in drafting an agreement

To
The respected fellow professionals
I have following queries related to agreements:
1. Is it necessary to draft an agreement ( eg for annual maintenance) in 1 plus 1 format ie both the sets in stamp papers for both parties or one original and another XROX copy is sufficient ?

2. Is it mandatory to initial each pages of agreement, in addition of signing last page of the agreement as done in general?
Can you kindly share your views

regards
abhijit

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Ksreddyacs   25 December 2021 at 16:07

Society registration act,2001

Dear Sir/Madam,

Please let us know that the Apartment Welfare Association can be registered under the Society Registration Act,2001..The Society Registration officials are regretting and saying that, Apartment welfare Association is to be registered under Cooperative Societies Act,1964 not under Society Registration Act.

Please Advice me

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Anonymous   19 December 2021 at 15:26

Admissibility of evidence of criminal case in civil case

Hello,

I would like to know if evidence (statements and exhibits) from a criminal case is admissible in a civil case for compensation, and such evidence can be relied upon in the civil case.

Conviction was awarded in the criminal case, but appeal against it is pending before the High Court.

I found a judgment of Supreme Court that deals with admissibility of evidence between two criminal cases, and also two civil cases. https://www.casemine.com/judgement/in/5609aba4e4b014971140cf94

In the said judgment, it was held that evidence of one criminal case is not admissible in another criminal case. However, in (two) civil cases it is admissible when the parties agree or give consent.

What would be the legal position regarding admissiblity of evidence of a criminal case, in a civil case, and if such evidence can be relied upon in the civil case? Would such evidence be admissible with consent, if at all, and can be relied upon?

Please also provide important judgments/citations in this regard.

Thank you.

Sorry for being anonymous but it is important.

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Anonymous   18 December 2021 at 22:24

Recification deed

My uncle purchased a property 10years
Ago recently he wants to gift the land to my wife in that process i found that an error of surway number my uncle sale deed
and out 5 persons 3 are deid remaining 1 person not trasable 1available to get rectify that error legal heirs of death persons are not trasable the sub registrar denied to recitify with one person what to do

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Anonymous   18 December 2021 at 12:38

Power of attorney to authorise agent

Learned Experts,

I wish to file a case in Central administrative Tribunal. For the same i wish to authorise an agent through power of attorney to file the same. I thried to study various literature, However, i cannot find answer to the question below. Kindly guide.

1. Whether power of attorney has to be given on stamp paper or given on plain paper and notarised will suffice?
2. If answer to above question is stamp paper then What type of stamp paper i.e. Judicial or non judicial?
3. What amount of stamp duty will be required for the same?

Thank you Vey much

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Thrishika Kumar   11 December 2021 at 17:41

Moot case problem

1. Republic of vindhya is an Asian subcontinent which is in India
2.The airport authority of vindya AAV is statutory authority and they want to create and upgrade it
3.kobayachi construction is a statutory body established In 1975 which is in singapore and one of the top construction company
4.In November AAV called a tender for construction of a new airport in Gotham city several projects were give to kobayachi company from vindhya which is in india
5.Later this project of AAV was given to the kobayachi company and kobayachi and AAV company entered into contract and Kobayachi company agreed to finish that project by December 2020 and they started the project on July 2016
6. On March 3rd 2019 kobayachi acquired Lim green energy it is renewable company energy in singapore generating power using solar and wind energy lim green energy is a wholly owned subsidiary of kobayachi and it also powers all of kobayachi projects
7.later kobayachi subcontracted lim green energy to supply electricity for construction of the new air port in Gotham city the entire project is ruined by power generated through these solar panels by subsidiary company
8.by end of December kobayachi had only completed 70 percent of construction contrary what was decided in agreement AAV decided to terminate the contract for breach in the following month AAV had still not cleared all the dues for construction that was already completed since the final payment was to be done after the construction of the project The government also called for a new tender for compulsion of the said project
9.The AAV despite several requests from kobayachi failed to make the payment aggrieved by this kobayachi along with LIM green approached honorable Supreme Court of vindya for the appointment of arbitration wherein they had to select two arbitrators from a panel of 5 recommended by the avv AAV even argued that this Court cannot appoint arbitrators since the arbitration is foreign seated kobayachi is also seeking an interim relief

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