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ANSHUL   01 May 2010 at 21:34

Summon under section 138

I had to make a payment of Rs. 1560/- to my bankers for which I had issued a cheque. But the cheque bounced for insufficient funds. I have received a summon under section 138. What to do now? Can I pay the dues to the bank now before the next date of hearing in the court; as I do not wish to appear in the court.
Can the case be withdrawn now? I want to settle the matter out of the court,
Please guide me in the matter.

Anonymous   01 May 2010 at 20:13

land possion problem

I AM PURCHASING A LAND FROM A S.T. PERSON. AT THAT TIME I AM ALSO TAKE THE ORDER FROMN SUB COLLECTOR OFFICE AND COMLPIETE THE REGISTRIATION.aPPLYING FOR PATTA IMMEDIATLY. AT THE TIME OF DEMARKING THE LAND LOCAL R.I GIVE THE DEMARKATION. AFTER TWO MONTH SOME OTHER PERSON TRYING TO SELL HIS PROPERTY.HEIS DEMARKING HIS LAND SAME TIME I FOUND THE LAND AQUIRED BY ME IS IN WRONG POSITION AND IN MY LAND SOME 3 NOS S.T. PEOPLE MAKING COTTAGE AND STAYING THERE. PPLZ GIVE SUGGESTION HOW CAN I VACCATE THEM WITH MINIMUM TIME and take complete possetion.

zenia   01 May 2010 at 20:10

ex wife abducting property

I had a property taken on my ex-wife's maiden name . At the time of divorce I already gave her alimony and settled things and she said she would sign the neccessary property paper's later . When I asked about the same , she is refused to give me back my property and fraudulently sold the same . She is also telling that If I do a case she will say that she got my property in alimony . How do I prove the case ? Plz.help . Thanks

raju   01 May 2010 at 19:27

selling of co-owned lease hold property

DEAR SIRS.
WE HAVE A LEASE HOLD PROPERTY WHICH WAS ALLOTED BY THE LAND AND DEVELOPMENT AUTHORITY.THIS PROPERTY IS IN JOINT NAMES OF MYSELF AND MY COUSIN..IS IT LEGALLY POSSIBLE THAT I CAN SELL OFF MY SHARE IN THE PROPERTY WITHOUT THE CONSENT OF THE CO- OWNER (I.E MY COUSIN )IN THE OPEN MARKET. (I WANT TO DO SO WITHOUT HIS KNOWLEDGE AND CONSENT}..PLEASE ADVICE .
THANKS AND REGARDS,
RAJESH

SUNIL BHAT   01 May 2010 at 18:56

company incorporation under companies act 1956

A pvt ltd company is formed with one canadian citizen (PIO) and two indian citizens.Canadian was in india to sign moa & aoa and and POA & then left for canada. Canadian adress is given on MOA &AOA.CA witnesses the signature and keeps on record photo copy of immigration papers in support of his presence in india. Papers are forwarded to registrar.Registrar wants following papers.
Personal appearance of subscriber
Original passport and visa
and his address in india
is ROC correct in asking for these papers when subscriber has already left india after signing all papers necessary for incorporation. Please advice what remedy is available as foreign promoter canot come to india or send his passport for time being.

Anonymous   01 May 2010 at 18:16

help needed!!!

Respected sir
I am fighting a civil case against my paternal uncles regarding a property on the name of my grandma which she had given to me through a registered will duly signed by her
My uncles have spun a web arnd me and its difficult for me to survive it.
My grandma wrote a will in my favour.We are living in the said property.My uncles wen came to know abt this asked us to give them a portion of the house.We agreed in return of NOCs.They didnt give it to us so we refused.Then they went to the court.

During the case we came to know that they have another unregistered will signed by my grandma.But we have got it checked.The witnesses havent signed it in front of my grandma(ink test).Also the name of the will maker/notary isnt there.Our will stands all the scrutiny.

My dad is no more.And I am the sole earning member of the family.One more thing worth mentioning is that they made a appeal against the will after 12 yrs of it being signed and we have proof which says that they knew abt the signed will.They are feigning full memory loss regarding this which obviously is a farce.

They went for a one sided stay on the house 2 yrs back and they got it. Our lawyer fought for it and then the stay was rejected on the grounds of insufficient documents in favour of the plaintiffs.

The case proceeded in the session court and now its in the stage of the cross examinations and my uncles are continuously ditching the proceedings.They are NRIs.Half of the time they arent in the country and the remaining time wen they are they never show up in the court. We tried to use the ex-parte term in our favor.Because of that they came to the court once...showed their face and then again became unavailable. Within a month or two they again have to go back..We are damn sure they wont show up in court till then and then after going their excuse will be that they are out of the country.Again we will we hung in mid air.


Now they have even gone to high court to appeal against the removal of the stay on the house.If the situations turns real bad and again the stay is implied we will again be struck and this time for a longer period.

Hence I am planning to sell the said property and wanted to know the consequences "in detail" which I can face if I sell the said property. I want to have a through knowledge of the situations civil and criminal awaiting me in case I go ahead with this step.

They are super rich and I wont be able to afford the fees of both the courts for much longer.Hence want to get out of the said property but dont want to enter into more serious legal problems.

Thanks a lot for giving me your precious time.I am real depressed right now and your advice can go a long way to help me out from this mess. Awaiting your reply.
Regards

Anonymous   01 May 2010 at 18:13

help needed!!!

Anonymous   01 May 2010 at 17:14

Ind. Govrt. Society Act 1860

Resp, Sir

I want start the Gas Service Center by using home to home Servic. so this Socierty Act 1860 will suite for this. i am just confuse, because Gas Agency can make problem for that. so please suggest me what to do.

waiting for your presious reply.



thanking you,

Anonymous   01 May 2010 at 17:04

Section 138 NIA

I have to file a case against a builder who is not paying my amount. I am very much confused about the time period for sending him notice after bounce of cheque received from bank and also time period for filing case if he does not pay or reply ? How much time builder can take for replying me before sending him notice ?

Satyanarayana Rao. V. Chadalla   01 May 2010 at 16:46

VENDOR_VENDEE

Title: VENDOR-VENDEE

The documents contents are as retyped and attached.

The under mentioned contents are pertaining to the question posted in the column “Vendor-Vendee�



AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY

This Deed of Agreement of Sale cum General Power Attorney is made and executed on this the day 2006, by and

1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,
all are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District. (Hereinafter to the "VENDORS" shall-mean and include ail their of the Party of the First Part

IN FAVOUR OF

Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, which mean (Hereinafter referred to as the "VENDEE" expression shall and include all his successors and assignees etc, of the Party of the Second Part).

WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".

AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.

WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.

NOW the vendors have due to personal and family needs have offered and agreed to sell the Part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendee for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') and the vendee has agreed to purchase the same free of all encumbrances, charges and lines the property in the schedule hereto.

WHEREAS the vendors agreed give a General Power of Attorney in favour of the Vendee in respect of the schedule property.

NOW THIS DEED OF AGREEMENT SALE CUM WITNESSETH AS FOLLOWS

That In pursuance of above offer acceptance the Vendors have received a sum of (Rupees Forty Lakhs Only) further Sale consideration, and the Vendors hereby ACKNOWLEDGE the receipt of the said sum and convey, sell, and said to vendee sale together with all the rights, title and appurtenances in or upon the said HAVE AND TO HOLD the same absolutely use of the forever.


The vendee shall bear all expenses of sale such as stamp, duty, registration fees etc. in respect of the Sale Deed.

The Vendors assures there the vendee that there is no encumbrances, charges, mortgages or subsisting agreement of sale in respect of the said property in favour of any person.

That the vendors are unable to execute the sale transaction and got them registered personally due to domestic preoccupations.

The vendee agreed to act in the name on the name and on behalf of the vendors as agent of the vendors.

The vendors hereby authorise the said vendee to do the following acts in the name on behalf of the vendors namely:

To enter into sub-contract for the sale of the said property either whole or in parts for any consideration which he deem reasonable in his absolute discretion and receive earnest money and issue the receipt to the same.

To sell the said property either to the Sub-agreement Holders or his nominees.

To execute the sale deed or sale deeds in favour the sub-purchaser or purchasers, receive the consideration money present to present the sale deeds or deeds executed by in favour of the sub-purchaser or purchasers before the concerned Office, admit execution and receipt of consideration and procure registration of the said deeds.

To complete the sale of the said property and handover possession of the said property to the sub-purchaser/purchasers.

To appear and act in all courts, civil, criminal, revenue whether original or appellate in the Registration and other offices of the State and Central Govt. and of local bodies in relation to said property.

To apply and obtain sanction of the plan or permission for construction and over the said land/ property from the appropriate authority or authorities as and when required.

To sign and verify plaints, written statements, petitions of claims and objections of all kinds and file them in such and offices and to appoint Advocates and other legal practitioners to file and receive back documents to deposit and with draw moneys and grant receipts in relation to the said property.

Generally to act as the Attorney or Agent of the vendors in relation to the said property in relation to the said property as fully and effectively in all respects as the vendors themselves would do if personally present.

The vendors for themselves their heirs, executors, successors, legal representative, administrator and assignee does hereby ratify and confirm all acts, deeds and things lawfully by the said Attorney namely the vendee in pursuance of these presents.

THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977.

In witness whereof the vendors and the vendee have signed on this the Deed of Agreement of Sale cum GPA with their own free will and consent on this the day, month and year first above mentioned.

WITNESSES VENDORS






SALE DEED

This deed of Sale is made and executed on this the 28th day of January 2006, at Hyderabad by:


1. Sri.MANGAL1 PENTAIAH son of Late M.POCHAIAH aged about 49 years, Occupation: Barber,
2. Sri.MANGAL1 RAVI S/o. Late M.POCHAIAH, aged about 47 years, Occupation: Barber,
3. Sri.MANGAL1 SRINIVAS son of Late M.POCHAIAH, Occupation: Barber, about 40 years,
4. Sri-MANGAL1 Mysaiah S/o. Late MANGALI Agaiah alias Uppala Agaiah aged 70 years occupation: Barber
5. Sri.MANGAL1 Shyamsunder son of M.MYSAIAH, aged about 48 years Occupation: barber,

All are residing at Village, Kukatpably Balanagar,Mandal, Ranga Reddy District, represented by through their Agreement of Sale Cum GPA Holder

Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad, vide registered Agreement of sale cum GPA document No 1010 of 2006 of Book-1, Dated 05—1-2006, registered at R.O. Ranga Reddy District(Hereinafter referred to as the "VENDORS" of the Party of the First Part expression shall and include all his successors and assignees etc,).

IN FAVOR OF
1. Sri.HETTUPALL1 RAMCHANDRA REDDY S/o. Sri. M. SUBBA Reddy aged about 46 years, Occupation: Business,
2. Sri. METTUPALLI ANURADHA wife of Mettupalli Ramachandra Reddy aged about 42 years, Occupation House wife,
3. Sri.METTUPALL1 AMAL PRAKASH REDDY son of RAMCHANDRA REDDY aged about 20 Occupation: Business, residing at 507, Old Quarters, Block-11, Hyderguda, Hyderabad,
4. Sri P.Sudheer Reddy son of Sri.P.V. Subba Reddy aged about 26 years, Ocupation Business, reasiding at Flat No.G-1, Reliance Krishna Apartments, Hill Fort Road, Adarshnagar, Hyderabad.

(Hereinafter referred to as the "VENDEES" of the Party of the Second Part expression shall and include all his successors and assignees etc,).

WHEREAS by the said Late Mangali Agaiah alias Uppala Agaiah S/o Late Mangali Lingaiah was the owner and possessor of Land bearing Survey No.905 admeasuring 02 Acres and 01 guntas Situated at KUKATPALLY VILLAGE and Municipality, Mandal, Ranga Reddy District, and more fully described in the schedule and herein after referred to as "SCHEDULE PROPERTY".

AND Whereas the said Mangali Agaish alias Uppala Agaiah was died intestate at Hyderabad on 20th November 1974 leaving Vendors herein as legal heirs.

WHEREAS on the death of Mangali Agaiah alias Uppala Agaiah the property has devolved on and has been inherited by the said vendors, the Legal heirs afore mentioned and whereas the vendors are now become owners of the schedule property.

NOW whereas the vendors as Agreement of Sale cum GPA Holders has offered to sell the part of Agricultural Land bearing Survey No. 905 admeasuring Acre 1-0 Guntas (Out of Acres 02-01 Guntas) and Situated at KUKATPALLY and Municipality, Balanagar Mandal, Ranga Reddy District, to the vendees for a total sale consideration of Rs.40,00,000/-(Rupees Forty Lakhs Only') which the vendee has accepted for said sale consideration.


NOW THIS DEED OF SALE WITHNESSES AS FOLLOWS:

That In pursuance of above offer acceptance the Vendors as AGPA Holder has received sum of Rs. 40,00,000/- (Rupees Forty Lakhs Only) towards further Sale consideration, and the Vendors as AGPA Holders hereby acknowledge the receipt of the said sum and convey, sell, transfer and assign said land to vendees by an absolute sale together with all the rights, title interests and appurtenances in or upon the said land to HAVE AND TO HOLD the same absolutely use of the vendees for ever.

That the vendors and AGPA Holders hereby declares that the said land is free from all charges, mortgages, claims, Prior Sales etc., and also is ,free loans and taxes etc. and nothing 1s due, If any arrears are found to be payable upto the deed of this deed of execution same shall be born by the vendors only.

The vendors as AGPA Holders had delivered the vacant and peaceful Possession of the said land to the vendee by demarcating the boundaries.
That the vendors as AGPA Holder hereby agree to keep indemnified all such losses, damages and expenses that the vendees may put to by reasons of any defect found in the title to the and hereby conveyed.

That the Vendors as AGPA Holders is handing over all the link documents, papers relating to the schedule property to the vendees for their record purpose.

The vendors as AGPA Holder herein shall take due steps and sign all applications, declarations, affidavits etc., required for duly mutating the name of the Vendees before the Revenue or with such other bodies as may be required by the Vendees from time to time.

THAT the vendees shall hold and enjoy the schedule of property as an absolute owner as they likes without any let or hindrance either from the vendors or any other person or persons whomsoever.

THAT the land affected by the document is not the assigned land as defined in Section 2 (1) Act 9 of 1977, and there is no house or houses structure is existing on the said land.

Whereas the vendors as AGPA Holder has already paid stamp duty of Rs.2,80,050/- through Agreement of Sale cum GPA vide registered document No.1010 of 2006, dated 5-1-2006, registered at S.R.O. Kukatpally, which amount is adjustable as clarification of I.G. & RS and CCRA in para II(5)(i) of is Procgs.No.MV1/18289/95, dated 1-7-1995.

SCHEDULE OF PROPERTY
All THAT Part of Agricu1tural Land bearing Survey No.905 admeasuring Acre l-0 Guntas(Out of 02 Acres and 01 Guntas)Situated at KUKATPALLY VILLGBE Balanagar Mandal, Ranga Reddy District, and bounded follows:



In witness whereof the Vendors as AGPA Holder has signed on this Deed of Sale with free will and consent on this day, month and year first above mentioned.



I would like to know
1.Whether the document is legally valid?
2.Can the AGPA holder transfer the property in to his name along with others as a Vendor as well as Vendee?
3.Are there any mistakes in this documents, or it is rightly executed?
4.Will any purchaser of this property from the present owners (parties in the Sale deed including the AGPA Holder) needs to look into, like mutation, or entries in ROR, or Patta pass books etc?