Anonymous
25 June 2018 at 17:33
2 PLOTS IN CITY STAND IN THE JOINT NAME OF MY MOTHER AND ONE OF HER IN-LAWS. BOTH HAVE EXPIRED. NOW LEGAL HEIRS HAVE OBTAINED A PRELIMINARY DECREE FROM A COMPETENT COURT.
NOW, WHAT IS THE PROCEDURE TO GET THEIR NAMES ENTERED ON THE 7/12 EXTRACT. THE BOUNDARIES ARE NOT DETERMINED. THE HEIRS ARE SATISFIED WITH THE COURT DECREE.
WHERE TO APPLY? OR HOW TO GET FINAL DECREE?
PL GUIDE.
Anonymous
20 January 2012 at 16:13
One of my friends father deceased and he is having a/c with bank and while his father was alive he nominated his 2 nd son as his nominee.
The balance in the a/c is Rs.5.50 lacs.
Now the 1 st son issued a legal notice to the Bank for not to settle the claim in favor of 2nd son stating that, the balance in the a/c is of sale proceeds of agriculture lands of their joint family.
What is the remedy available for my friend i.e 2nd son and the nominee of the a/c.?
suresh phadkule
10 January 2012 at 20:04
In Maharashtra, there is huge number of urban coop credit societies. Generally, while sanctioning loans, there is practice among many of these societies to take blank but signed cheques from the borrowers and when loan becomes NPA, these societies tend to use those cheques for recovery of entire loan along with interest by writing themselves total due amount on the cheque and present the same to tbe bank, get the cheque bounced(of which they are 100% sure)and then prosecute the borrower. In fact, they take other collateral security for loan. In this scenario, societies instead of initiating action under sec.101 of co.op. socy act,harass the borrower by way of prosecution under sec.138 of negotiable instrument act in the hope of early recovery as compared to recovery under 101. They think that borrower may pay due amount to avoid prosecution. This may be justified in exceptional cases of willful defaulters. But many a genuine borrowers are unduly harassed. Can such a cruel practice of such societies be contained? Can borrower take a stand that he has not written the cheque except signing it? Kindly advise.
Anonymous
06 January 2012 at 14:16
Respected sir,
i have an sb account in canara bank, but in my account balance 7000rs is on hold, so i approach the concern bank branch they told that you have withdrawl,on 6/6/10,but i didnt withdrawl that 7000rs,what i have to do sir, whether i want to go for consumer court?
arpit mehta
04 January 2012 at 21:31
WHEN GAURANTOR RIGHT PREVAILS OVER BORROWER...IN MY CASE I AM GUARANTOR AND I AM READY TO PAY THE MORTGAGE MONEY SUBJECT TO CONDITION POSSESSION OF PROPERTY...DO I HAVE THE RIGHT OVER THE PROPERTY IF I PAY THE AMOUNT...PLEASE REPLY..THNX
CreateGoodwill
28 December 2011 at 13:39
I have deposited chq for Rs.900000/-
same was returned unpaid
then the partner paid Rs.100000/-
later he refused to pay balance 800000/-
can i send NI138 notice for this ( as 1 month has not passed from the date of chq return)
ch prasad rao
28 December 2011 at 08:53
can a minor appoint a nominee to his bank account?
DAVINDER
22 December 2011 at 12:59
I have made verbal commitment for the sale of property and the other person transfer Rs.1 lac to my account as he aware of my a/c and later i release that party is underquotting the price and i returned the money from my a/c to the buyer a/c with addition of Rs.1000/-.three month back.
Now i have received the notice thorugh his Advocate for the payment of Rs.4 Lac which (he says ) Paid in cash and accepted the return of Rs.1 Lac or come to the registery office for registration. with in 10 days.Please suggest.
Nariman Bhote
19 December 2011 at 18:38
Sir,
My younger brother died on 28th Feb 2011, at Coimbatore. He was a Doctor with KG Hospital, at Coimbatore for the past 23 years, being head of the blood transfussion dept and died due to ill health and organ failure, while on duty.
He had nominated me in his Providend Fund A/C, to receive all moneys due, in event of his death.
The hospital forwarded all the relevant papers to the PF dept, in Coimbatore, to help me claim the amount due and I also submitted my details, including proof of my identity/residence, etc. I live in Mumbai. Both my parents are dead long ago (mother in 1982 & father in 1984). I have one sister (elder to me, living with her husband & family in Mumbai). My brother who expired, was a bachelor all his life and had never married or had any other dependants or children whatsoever, and no property in his name, or anything. He died at age 54.
The PF dept has not yet (its over 9 months now) settled my claim. They have returned the papers to the hospital (his employer), stating they require a legal heir certificate. I had also provided a copy of the legal heir certificate (which in 1984 I obtained from Coimbatore Tasildar's Office, after my parents died), stating that only us 3 children, were the legal heirs. In spite of this they now want and insist on a legal heir certificate to be obtained for my brother.
I do not understand the logic -- when a person has specifically nominated someone to receive the share/amounts due in a particular case, why they insist on a legal heir certificate now? What is the purpose of nomination, (if this be the case), be it in any matter? As far as I understand, you can nominate any person (not just a blood relation) to receive your largesse...be it your bank balance, fixed deposits, property or any any matter...
I request you to please help and advise, what I should do in this matter? Is it necessary, in the 1st place to produce a legal heir/succession certificate, when you are already named the nominee ?
If so, then how do I go about obtaining this certificate. As I mentioned earlier, I live in Mumbai and ther is no one now in Coimbatore. Pls advise and help. Many thanks,
Nariman Bhote
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Deduction from gratuity
My friend has worked for 12 years in a publishing company as Marketing Manager in Bangalore and he tendered his resignation. When he demanded for gratuity, they initially paid Rs. 25,000/- and balance amount of about Rs. 75,000/- is held by the company stating that he has to recover the money from the customers. My friend approached labour department and now the company has filed objection stating that my friend has not collected dues from the customers and hence they cannot pay the balance gratuity amount. Dear learned advocates, could you please advise as to whether the act of the company is legal? is there any judgement or citation with reference to this case? also, please advise as to how my friend has to defend in order to get the statutory right of gratuity?