V V SATYANARAYANA
18 February 2009 at 22:36
Sirs,
As per proviso to Section 60 (1) (i), where any part of the portion of the salary is under attachment continuously or intermittently for a period 24 months, that portion of the salary is exempt from attachment for a further period of 12 months. It continues to read as if any attachment under the same decree, continued continously or intermittantly for a period of 24 months, that decree is exempt from attachment.
I have a point to ask to my learned friends that if under X decree a deduction continued for 24 months from 1.1.2007 to 31.12.2008, can a deduction under Y decree received in the month of February'2009, be made from the salary for February'2009.
Shall be thankful for clarification in the matter.
Mehul K Ghedia
18 February 2009 at 18:04
Currently i and my father co-owning the house where we live. now my father volunatrily wants to forgo his right on the propety without any consideration so that i become the sole owner of the same.
Is it possible to remove my father name as co-owner.If yes what is the procedures and formality for the same.
Do we require to make a fresh agreement between us and do we require to pay stamp duty and registration charges on the same upfresh.
It is also to be mentioned that we have home loan on the same as co-owner so in that cass what we require to inform to the bank and what will be the liabilty of my father, in respect of outstanding loan amount, after separation.
Please guied me.
thanks a lot in advance.
Chandra sekhar
12 February 2009 at 10:27
Dear All,
We have paid the due amount to the Bank as per RBI one time settlement guidelines and also Bank has collected its legal expenses from us though RBI Guide lines do not allow such thing. We have obtained full and final settlement and No due certificate from the Bank on 30/04/2003. By 2000 year itself Bank has filed a Case and won in the lower Court and the same was appealed by us in the High Court and pending as on the date of settlement. Our valuable property was pledged as security and the original documents are with the bank.
Till today the Bank has not returned the original documents to us thought we have met them several times and also written several Registered letters to the Bank and its DGM Office.
Please advise us the next course of action to be taken up on the Bank including filing of Criminal Case and as well as claiming compensation etc.
Please quote some use full judgments on this issue.
Regards
RAJINDER KUMAR GARG
11 February 2009 at 18:14
CAN A COURT CAN ORDER FOR ATTACHMENT OF DEBIT BALANCE OF A PARTY? SUPPOSE IF A PARTY IS AVAILING THE CASH CREDIT LIMIT FROM A BANK AND THE PARTY HAS NOT UTILISED ITS FULL LIMIT AND THE DECREE HOLDER HAD OBTAINED AN ORDER FROM A COURT FOR THE ATTACHMENT OF THAT ACCOUNT.
WHETHER THIS ORDER IS LEGALLY VALID.
allurisivajiraju
05 February 2009 at 08:17
Respected Seniors,
In a Partition suit, in the plaint some of the necessary parties to the suit are not added as parties by the PLintiffs.
Then the defendants taken a defence in their written statement about the non joinder of necessary parties to the suit.
Then Hon'ble Court framed issues exect the non joinder of necessary parties. Immediately the Defendants filed a petition to frame as issue about non joinder of necessary parties to the suit and the said petition was allowed by the Court.
In this case I am appearing for defendants.
In the above circustances is there any chance to dismiss the suit without conducting trial by Hon'Court since the plaintiffs are intentionally not mentioned their own family members as necessary parties to the suit?
Kasu
04 February 2009 at 14:17
ther is a partnership firm where ther are 5 partners ratio 30:30:20:10:10
the partners having 20:10:10 share are threating to give a dispute letter in the bank.
The partner having 20% is a lady and she is partner in other Concrete industry with her husband.
the partners having 10% each are directors of a casting company which is private limited.
One of the partner having 30% STAKE in the firm is parnter in the concrete firm to help the firm in legal matter
and he is the gurantor in the cating company.
The business is being carried out by partners with 30:30 ratio and the other 3 partners are non working but they take profits and now.the partnership firm is doing good and the other 3 partners 20:10:10 are not doing good are trying to give the dispute letter. What action can be taken to avoid the letter and even if the letter is given what should be the course of action.
Thanks in advance
Legal Eagle
02 February 2009 at 15:00
Is a will required to be registered and /or notarised before a Notorial?
REKHA SHARMA
31 January 2009 at 14:03
My query is what will be the date of modification of charge where property already chrged to Bank sold to (Some part of the property)to another charge holder (Of the same property) under the OTS scheme after obtaing prior NOC in this connection from the aforesaid bank .
1 Date of sale deed
2 Date of NOC obtained from Bank earlier
3 Fresh NOC will be obtained from bank for filing form 8.
4 Date of NOC obtained regarding filing of Form 17 .
Reg
Rekha
Sundaresan K
02 December 2008 at 13:38
Dear Sir,
I have a house at Sirkali (my hometown) in the Tamilnadu state which I bought in 2005 with HDFC Bank Loan.I am still paying the EMI for the same.
The house has Ground + 1st Floor.The first floor is occupied by my sister's family and the ground floor has been rented out to a tenant from Decemebr 2007.
There is a rental agreement between the tenant and me for a peroid of 11 months which ended in October 2008.And the agreement clearly states that the tenant has to vacate the premises at the end of the 11th month.
I have been asking the tenant to vacate the house starting from May 2008 since we neded the premises for our own use. At first the tenant refused to vacate quoting the rental agreement, which is for 11 months. He said he could think about vacating only after the rental agreement expires.
Now the tenant is saying the agreement is only for ”formality” sake and no one will come to a house for rent only for 11 months.
I wanted to take up this issue legally. But the localites are scaring me telling that the legal process will take years together to get the judgement.
Since I am staying in Bangalore currently and my conscience does not allow me to take up “other” means to force the tenant to vacate the house, the only option open before me is taking up the issue legally.
I seek your advice in this regard. Is it true that we will not get justice immediately if we seek for legal solace?
I pay a premium of Rs 11215 every month for this house which is a major portion of my monthly earning.Also we are paying all the savings we have to repay the loan as early as possible though the laon tenure is 20 years.The minimum I would expect is to enjoy total ownership over the property.But I am denied of that.I am deeply hurt and distressed because of my tenant's attitude.
Earlier in the year (May 2008) my grandmother was seriously ill and we desperately needed the ground floor portion for her keeping her there and taking care of her.The tenant at that time also refused to vacate the premises.Now my grandmother is nomore and we are sentimentally upset that we could not keep her with us in her last days.
My 16 months old son is not very comfortable with the weather conditions in Bangalore and we desperately need a place for our frequent use and stay.My mother who wishes to travel to Sirkali quite often would find the ground floor house much more comfortable due to her old age .
Please guide me as to how I can get the issue solved legally.Thanks And Regards
Sundaresan
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Lease Deed for 11 months a valid document ?
Sirs,
We have taken a flat for office purpose in Bangalore for rent for 11 months and made lease deed with general terms & conditions.
Learned friends may kindly clarify whether it is a valid document or not ? and whether registration is necessary or not under T.P.Act ?