kishore kumar
13 October 2025 at 20:26
Hello Sir, in 2016-17, a female family friend of mine took out a loan of ₹400,000 from a private financial institution for her business. The bank retained the original property documents as collateral. The mortgage was not registered. While she continued to pay EMIs, the EMI was increased by adding the moratorium interest from the COVID-19 period to the original loan amount. Due to the weakened financial situation after COVID-19, and the EMIs remaining unpaid after 2023, the institution obtained an order from the Tehsildar Court for physical possession of the property after taking symbolic possession. Against a loan of only ₹400,000, a total EMI of ₹860,000 has been paid so far, but the finance company has stated that approximately ₹250,000 remains to be recovered. What should be done in such a situation? Under which law and order can this be challenged, and in which court? Thank you, Sir.
Zeeshan
13 October 2025 at 07:32
I have a case of 'declaration; pending against my tenant who make fake papers of shop and claim himself to be the owner of shop.
Previously I filled an application for Sending tenant's papers to 'CFSL' but it was rejected stating:'-
" the plaintiff wishes the court to conduct a roving enquiry on his behalf. In view of the aforesaid observation, the court is of the view that there is no merit in the applications of the plaintiff seeking comparisons/verification of the documents filed by the defendants. "
Now I decided to file an another application under section 45 Indian Evidence Act for sending my papers to 'PRIVATE FORENSIC LAB'. Therein I want to write following line:-
1. It seems that this court do not think or have somewhere in mind that the papers of tenant are not fake, that's why this court do not think that the papers of tenant need to be checked by forensic."
or
2. “It appears that this Court is of the view that the tenant’s documents are not forged, and therefore does not consider forensic examination of those documents necessary.”
or
3. “The Court seems to have accepted the authenticity of the tenant’s papers and consequently found no need to direct forensic verification.”
or
4. “It would appear that the Court does not entertain doubts about the genuineness of the tenant’s documents, and hence declined to order a forensic examination.”
or
5. “The Court appears to have formed the opinion that the tenant’s documents are genuine, which is why it did not deem forensic scrutiny necessary.”
Please suggest is it ok to write above line ?
Goapl Garg
12 October 2025 at 23:18
I have allowed mortgage over my Land in favour of Bank towards loan availed by a corporate entity.I am not stakeholder or a director in such corporate entity and it was a third party mortgage.The sanction letter specified that my personal liability shall remain restricted upto the value of my land mortgaged.€the account has been NPA and Bank has invocked Sarfaesi provisions against my land also. The bank has taken symbolic possession of the land. The bank has put my land on auction but did not receive any bid.The bank now contemplate a second auction. I have offered the bank the present valuation price and redeem my land and liability. The Bank does not agree. Can I redeem my land by tendering the reserve price when I receive sale notice prior to publication of sale notice ? The Bank however says that in such scenerio I will be required to pay the entire dues of the borrower as against the sanction letter stipulation of my liability being limited to value of my land. Request to clarify my position.
kishore kumar
12 October 2025 at 21:39
In a recovery claim, a suit was filed seeking a stay on the defendant's known immovable property until the judgment was delivered, after paying the court fee required for the amount claimed. However, the court did not grant a stay on the property. The court, accepting the recovery suit, issued a decree for the recovery of the said amount. However, during the trial, the defendant deliberately sold the property to someone else to avoid liability.
The question now is: In such a case, if the court fee was paid in accordance with the recovery amount, would a stay on the property be considered valid?
Because the defendant's intention was to avoid liability and he sold his immovable property. Now, he has no immovable property left.
Is there any law, rule, or provision in a civil case that allows the sold property to be attached until recovery is received, or its registration cancelled?
Or can you offer any advice so that recovery can be effected?
Thank you.
Zeeshan
11 October 2025 at 20:01
I have a pending declaration case against the son of my tenant, who has created forged documents related to the shop, including fake signatures, stamps, and other falsified details.
I now wish to send these documents for examination by a forensic and handwriting expert.
Kindly advise under which legal provisions or sections I should submit an application to the court for such forensic analysis.
Thanks
Indermohan Kapoor
11 October 2025 at 18:42
My wife (Genna Kapoor Salvacion) taken divorce from me in July 2021, unlawfully and without my knowledge / consent.
I got a copy of divorce order and divorce certificate in August 2023, through my friend while he was on visit visa in Toronto.
I met her in Dubai, UAE before marriage in April 2011.
I married her in ILOILO, Philippines on 22nd February 2013.
She manage to marry me by making forged documents by manipulating the Government Departments in Philippines to get a single status and middle name Brazil as mentioned in marriage certificate before 1st February 2013.
It means she hide her first marriage / husband name and her two passports from Marriage Registrar and Philippines immigration authorities.
She manages to get a new passport with my surname (Kapoor) on 5th April 2013 that is after marriage with me.
She travel to India on 30th April 2013, with the forged / manipulated marriage certificate, Passport and Police clearance certificate and other documents with my surname.
Later, she manage to get OCI card, PAN Card, Aadhar card during her stay in India from 1st May 2013 to 30th October 2017.
She applied for LMIA / work visa / work permit from India for working in Toronto, ON, Canada on the basis of my marital status, financial status and other requirements credentials.
She travel to Toronto, Canada on 30th October 2017 from Ahmedabad, India.
After working two years approximately with employer in Oakville, Toronto, Canada, she applied for permanent Residence (PR) on 24th July 2019 along with me as dependent in PR application.
During the period of October 2017 to August 2021, she got her various Canadian IDs and renewal of her passport in Toronto, Canada.
She manage to get her divorce order and divorce certificate in 9th July 2021 without my knowledge / consent, which I came to know from her forwarded email.
She is not in contact / responding my call, messages, e-mails, since from February 2021.
I able to know on 4th September 2021 through E-mail that she updated PR application by submitting a divorce certificate on IRCC website.
On 30th October 2021, She managed to get her PR - Permanent Residence in a forged and unlawful way.
I discovered from her belongings lying at my place in Ahmedabad, India as well as CENAMOR certificate that she has another continue marriage before my marriage on 22nd February 2013.
So, the marriage certificate with her is not valid because it is forged with the single status condition as she was having a continue marriage with first husband in Philippines.
Before the time of marriage she was using first husband surname passport that is till 10th February 2013 which she never declared to passport authorities.
She applied for a new passport by presenting the marriage certificate of dated 22nd February 2013.
She managed to have passport in my surname which she used till July 2021 at the time of her Permanent Residency (PR).
It's a Fraud as her marriage certificate is not valid one and manage to get another passport through forged marriage certificate.
She managed to get a divorce order and divorce certificate because of another fraud made by her and her lawyer and her Immigration Agent they mentioned my communication address in Rizal, Philippines.
I never been traveled to Rizal, Philippines.
I have a proof that my passport never been stamped for travel and have Residency in Philippines after my visit in February 2013 at the time of marriage.
Divorce order and divorce certificate, she (Genna Kapoor Salvacion) willingly or knowingly mentioned the address of responding person (Indermohan Kapoor) is residing in Rizal, Philippines, which is again a fraud with superior court of justice in Toronto, ON, Canada.
Now, I want to Extradition of her (Genna Kapoor Salvacion) from Toronto, Canada. She must be sentenced rigorously and she must have to compensate to me for my mental, physical harassment and my financial problems.
She must deported from Canada.
Please Note: I cannot upload the travel document, court divorce order and certificate, marriage certificate and CENOMAR certificate, etc..
Thank you for anticipation..
Waiting for your kind suggestions..
Indermohan Kapoor
Zeeshan
11 October 2025 at 01:21
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Swapnil
10 October 2025 at 23:22
I was filed arbitration case against trading member before exchange and honble Arbitrator passed award in my favour along with 18% interest. But as per rules exchange not consider notional loss such as mental and financial harrasment.
I was also issued legal notice before approch to arbitration process.
So what can I do to recover notional also along with pocket expenses
1. File arbitration appeal at exchange
2. File arbitration appeal at court for notional loss
3. File civil suit as per my legal notice
Pls guide
Anonymous
10 October 2025 at 20:31
Hi, Am Shekhar a resident of Hyderabad. I have an elder brother. We both jointly own a residential property which is gifted by my mother through a gift deed. Right now due to financial requirements, my brother is persuading me to agree to the sell that property. Instead of selling it to a third person, I've proposed my brother that I'll take the full ownership of that property by giving him the amount equivalent of his share as per market, so that we don't need to look for a buyer for the property.
So, please help me what is the best way to take the full legal ownership of the property so that there wont be any legal issues in the future between me and my brother?
Additional information:
My mother is a widower and we are two sons. Am the younger one and unmarried.
My brother is married and has a daughter and son.
My mother has acquired the said property through Virasat from my grandfathers name and she has given it to both of us through a gift deed executed and registered at the local MRO office.
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Advocate fees recovery refrences
Hello Sir,
In a civil suit, a party engaged a lawyer. After more than half the trial, the lawyer suddenly changed. After the initial nominal fee, the party still hasn't paid the outstanding fees. A claim for recovery of the fees has been filed after hiring another lawyer. However, the judge has now verbally requested a reference from the lawyer to a decision that would allow him to order recovery of the lawyer's outstanding fees.
I request you all to please share any references to such orders if you have any.
Thank you.