Anonymous
21 May 2019 at 16:02
Hello Sir,
I am from Guindy and I am in dire need of advice from legal persons.
The case i am facing is as follows:
My brother and his cousin had planned for a Textile unit in a Textile park near Chennai and took a loan of 2 Cr from nearest branch. He received a loan under CGTMSE scheme.But he needed more money for finance, so he came to me and told about CGTMSE scheme. He tried to convince me to take loan on my and my wife's name and provide this to his business. He told me that CGTMSE scheme is collatoral free .If anything bad happens nothing will happen to me and the plant and machinery will be the cost for repay, nothing else. As he was my small brother , I got completely convinced about it.
In the background, he created a company on me and my Wife's name as proprietor which will be having sub-lease contract under his Textile mill. He then brought some documents to us and we blindly signed it.He had created even rubber stamps, business Cards of my and my wife's name. Total loan taken is 80 Lakh* 2=1.6 Cr on me and my wife's name. We never signed any other paper after related to this. He also took all the bank documents including the passbook, ATM card with him.
The brother bought a new car, created a good rapo with local politicians and enjoyed his time.
And in the next 6 months, the Textile mill got closed and he disappeared. Some time passed with distress.
One day,we saw a notice in the newspaper that bank have filed a case to DRT under RDBFI Act 1993.
We attended DRT on summoned date and received a copy of the filed case.Following things it read:
1.Loan has been defaulted of amount 1.09 Cr(including interest) each and case is filed for recovery. Plant and machinery valuation is approx 1/2 of the total loan amount.
2.Also, the case paper contains the Term Credit document which we had signed in very begining. Now, the point i noticed is that, when we signed on doc, it was having my brother's name as "Borrower's name "column. But in the case paper received from DRT, The "Borrower's name" has been changed to me and my wife's name. There is a clear sign of rubbing his name and adding me and My Wife's name.
3.In Term Credit document, Some of the signs are forged.
With this background, Following are the queries:
1.what should be my further course of action?
2.Can I say to DRT that above things happened and I dont have any role in this case
3. Will my property be confiscated?And my wife dont have any property on her name. What will happen in her case?
4.Also, i have found out that the plant and half of the machinery was on my brother's name. Some machinery on my name and there is no machinery on my Wife's name. Is there any possibility, that i can make use of his property to repay the loan on my and my wife's name.
5.What will be the worst case scenario in this situation? Will there be any criminal case filed against me and my wife?
6.Can we file any case against bank / or my brother in court?
Request you all to please provide your invaluable advices.
Thanks,
Krishna
21 May 2019 at 15:42
Hi Experts,
My Father's property of Independent house in a land of 300 sq yards has been in the name of him.As unfortunately he has expired before 15 yrs, we (Myself,Mother,Brother and Sister) applied for Mutation document for constructing a new house. And we have recently obtained "Mutation document".
However, When I have approached the bank for Home loan,they are asking for Sale deed in my name.
Please let me know how to proceed further.
Thanks in advance.
Anonymous
21 May 2019 at 12:53
Dear Sir,
I am Business man, we have manufacturing in Readymade garments-MSME unit from 3 year in Jaipur-Rajasthan,my payment not received one party location Mumbai my overdue payment is 65 lac from 18 months, party status is Private Limited
So party not given my payment so pls suggestion what action this party
Thanks
Girraj
7231911123
Thomas V Johnson
20 May 2019 at 14:34
Can colleges charge extra money for payment of fees through debit card? My cousin's college is demanding an additional 2000 rupees for payment of his fees through debit card? Is this legal and ethical?
Anonymous
20 May 2019 at 14:18
Dear Experts,
My brother did some private chit transaction with a person whom he trusted for a year and to help my brother every transaction I paid online from my bank account to that chit person bank account and also before starting of the chit I mentioned below points to the chit person.
I am against giving cheques or promissory notes for the sake of chit transaction and inform to the chit person every transaction will be done through online and no cash will be paid.
But the chit person somehow smoothly has taken the signed cheque of mine from my brother in absence of my knowledge (as my brother was afraid if I might scold him or drop the chit transaction)
Unfortunately, my brother passed away recently due to a tragic accident keeping my entire family sorrowfully. After my brother passed away this person approached me deliberately asking for more money which I told him that entire transaction for chit amount as per the agreed terms was settled between him & my brother.
After some arguments between him & me, the chit person started threatening me that he is having a signed cheque of mine and he will approach to the court deliberately with cheque bounce.
After I came to know about the cheque, I approach the bank to stop/ cancel all my cheques. But the chit person has greed towards more money, he used that cheque as a weapon of extortion and gets the said cheque encashed at the bank by filling more amount that led the cheque to Dishonored on the grounds to scrutinize the cases against me.
I know what mistake I have done as I shouldn't have been kept a signed cheque for an emergency purpose in my home though I will be traveling most of the time due to my job nature and I can't blame on my late brother either as he intentionally didn't give my signed cheque to that person whom he trusted.
Unfortunately, due to our Indian law bind, most of the times an innocent person who can't fight will get punished.
With the above-said facts, I need your expert advice on how do I proceed on this.
Is there a way that I can come out of this situation and I am hoping to get justice with your experts to advise.
Thank you in advance,
Thirumala. S
ravi
20 May 2019 at 02:14
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .
after challenging thier(bmc) review pettition, where the court rejected bmc submission saying giving an directed order "as per earlier declaration bmc has to redevelop and give tenants at same place". but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest to safegauard our rights ,
ravi
20 May 2019 at 02:10
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy pi am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest
anil
20 May 2019 at 01:21
Respected Sir ? Madam
does the bayana get forfeited by default if the buyer fails to honor the initial agreement to sale ? or does it have to be in the clauses of the sale agreement ?? ... . . we r to sell our house. the buyer has paid nothing apart from the bayana.the 6 months period is going to expire on the 6th of june 2019. . he says he does not have adequate money and will pay when he has the money. how long do we wait ?? how shall we approach this now. what options do we have ?? the agreement to sale has interest and penalty (but no rate of interest and penalty specified) clause but nothing pertaining to forfeiture.
reading some articles about the matter i gather that it is advisable to mark our presence at the 'Office of the Registrar'. . . however they have not given us the copy of the agreement to us. .. ( it was around 8.30 pm when we had signed the papers. they said that they will give the copy next day but havent given it till this day. for a month or so they bought time saying 2 days 2 days. after that they have outrightly rejected to give a copy of the agreement. ) do we need to have the copy of agreement when we go to the registrar's office ?? .. .. the buyer has not signed anywhere on the agreement. his name, address are mentioned but he has signed nowhere. . .only we have signed . . is this normal practice ?? looking forward to some guidance .
thank you. anil kumar malhotra
anil
20 May 2019 at 00:47
Respected Sir / Madam
we have taken bayana from a buyer on dec 6 2018. . the due date of execution is 6th June 2019. he has paid nothing apart from bayana. now he says that he has he will give the money when he has it. . the sale agreement has a clause of interest and penalty if any party fails to honor the agreement. . however the % of interest and penalty is not mentioned. . also, we had signed on the agreement at the dealer's office. it was past 8.30 pm then. they said that "the shops are closed now. we will give the photocopy tomorrow". . . but have not given us the copy of the initial sale agreement. they kept on saying 2 days 2 days for a while. and since they have refused to give a copy of the agreement to us. what could be the course of action for us now ?? . . . is there any standard percentage of interest and penalty under law that would be applicable in such cases where the percentage of interest and penalty is not mentioned in the agreement ? . If not then what would be the interest and penalty ??
. . pls guide sir .. the house / property in question is in Delhi . just to inform, the possession of the said property is with us. means we are staying in our house, the house that is to be sold by us... . also i want to inform that the buyer has not signed anywhere in the agreement. only we have signed. his name, address etc was mentioned but he has not signed anywhere. we have signed each and every page and our photographs are also affixed on it. is this standard procedure ? please guide sir.
thank you.
anil kumar malhotra.
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Harrassment by icici bank recovery agents
Sir,
This is to bring to your kind notice that I am a holder of a credit card no. 4375516119712002 of ICICI Bank. I was unable to make the payments due to some family health problems. Now I am being harrassed by recovery agents. Inspite of informing that I am facing some medical issues they keep calling me regularly, they also visit my house and call my brother & father. The name of the recovery agents are Ranbir Singh 9878043708 and Parminder Singh 81949 54074.
Please help me .