Anonymous
20 September 2017 at 15:51
I had project of 18 N.A. bungalow plots in Navi Mumbai. I have sold 15 plots to different buyers since 2007 to 2012. I hold 3 unsold plots. Out of 15 plots, there was dispute about 6 plots. Dispute is as mentioned below.
Around 1st week of March 2007, Group of 6 different people approached to me & wished to purchase 6 different bungalows from me. Hence, I had made Agreement to Sale with 6 plots to 6 different people. Plot Price was 12 Lakh & additional development charges were 2 Lakh per plot. These Buyers given me Post dated Cheque of 2 Lakh i.e. 20 % booking /Token amount & Post dated Cheque of Rs. 2 Lakh towards development charges & entered into Agreement to Sale with me. Immediately After Agreement for sale I issued NOC to mortgage the plot subject to terms & conditions of agreement for sale and then these buyers applied for 80% loan amount with government bank.
Around ending of March 2007, I received 80 % loan amount (around 48 Lakhs) directly from bank but at the same time post dated cheques were bounced. I wrote several letters, legal notices to these buyers & Bank but none were replied. Hence around May 2007, I filled civil suits against these buyers for cancellation of agreement to sale. I was ready to repay the bank after deducting my necessary expense .Suit is still pending against these buyers. (My mistake was I had not filled 138 N.I. cases & I had not made Bank as Party in Civil Suit). These buyers were not coming to court.
In year 2009 Government bank filled case against me & these buyers at DRT Court, Mumbai. Around 2012, DRT issued clean chit to me as I had not directly taken loan from Bank but granted Power to Bank to recover loan amount from buyers by Auctioning of My 6 plots.( My mistake was I had not filled appeal to DRT Case).
In year 2012 Bank filled FIR /Police complaint against me, which is still pending in Mumbai Court. Except DRT Court , they had not taken any criminal action against these buyers. They have not tried to recover the loan amount from these buyers or their guarantor.
Since 2012, I am trying to solve dispute by third party one time settlement with bank officials. But after 3-4 meetings every year & verbal confirmation result were not fruitful.
Around June 2016, Bank tried to auction 3 nos. of plot hence I filled 3 nos. of different civil suits in district court .But my appeal got rejected in District court. Bank has executed Auction but no one appeared to purchase plot.
Around September 2016 I gave written offer of returning 66 Lakh as third party one time settlement. But due to demonetizing said proposal were pending. In February 2017 bank officials verbally told me to deposit 20 % of 66 Lakhs i.e. settlement amount .After depositing 20% amount they will have meeting with Higher authorities of bank and then only they will decide for settlement. If higher authorities of Bank agree the settlement then they will issue No Due/ No charge letter against me and my Plot. If they reject settlement then they will return my 20 % amount.
Bank officials are playing hide n seek game with me. I had written many request letters, met bank officials personally & they assure me to perform third party One time settlement .but officially I have no record to prove their willingness.
One of lawyer told me to not accept bank’s offer instead they advised me to file consent terms in High Court & Deposit all the amount in high court & then High Court will give guide to lower courts to dispose of the civil & criminal cases against me. Bank not replying anything about this matter. Bank had not given me anything in writing about settlement. Bank officials just talks verbally. I want to get out of these situations as I already suffer mental pressure & legal expenses. I just want my clear title plots.
Now I want answers to my following queries.
1) As there was no stay from any court , Can I sell disputed plots to third party without any consent from Bank to raise funds for settlement ?
2) How can I make bank official ready to accept my third party one time settlement though High court ???
3) Is third party one time settlement is possible without original Buyers who has taken loan from Bank?? ( I doubt they will not come as they have not appeared in 2007 case also)
4) Any other Method / Alternative to get my plots back to me.
Nandish
20 September 2017 at 15:20
Father has expired. No will is made. Father has one self earned/ acquired house property.Legal heirs(children) have signed affidavit/no objection for transfer of khata of the house property to Mother. Understand still mother is not the absolute owner of this house property. Under the circumstance can Mother execute a WILL. Will the WILL have legal validity.
faizan mirza
20 September 2017 at 15:14
Can we mortgage a residential b tenure property in maharashtra!? What are procedures for mortgaging?
subramaniam muralimohan
20 September 2017 at 15:06
X Grandfather , Hindu, purchased property in the year 1980. X had two son. A, B . Both married and alive. Elder son A has wife and one son, one daughter. all are alive. Younger Son B has one son, wife died. Now, can elder son A 's son file suit for partition. In the grandfather property. ? Grandfather and grandmother died. A & B now trying to sell the property. A is refusing to give property money to his son. What relief is available to grandson in the grandfather property. Dear experts Please share your opinion,
Thanks and regards
Muralimohan
Kumar Krishan Agarwal Advocate
20 September 2017 at 11:00
Dear Sir,
I want to know what the exact meaning legal terminology of the Phrase "Determination of Lease" in Sec 111 of Transfer of Property Act.
Some says it means Termination of Lease How can be done -and- Some other says How the Lease Agreement may be defined and made with this sub clauses.
From
KK Agarwal Advocate
Rajeev Marwah
20 September 2017 at 09:26
Dear Sir,
I wish to know if BRASS PIPE was subjected to Entry tax from year 2011-2012 upto yr. 2015-2016 for a manufacturing firm.
Prakash
20 September 2017 at 09:20
1. What is the approximate cost of getting probate on will from court ?
2. Is it better to get the property transferred when the person is alive and old, rather than register a will, and then pay money for probate on will ?
3. Think probate on will is required even for transfer from parents to children of a flat in co-op socy. Kindly confirm.
4. Is Probate of Will required for transfer flat in coop socy from Husband to Wife ?
preet
20 September 2017 at 08:41
Hello... My nana make a will after the expiry of my nana... My mama shows the will which is modified means not true will.... For this can deed writer become witness or not? As my mama bribe the deed writer and become him witness... And my advocate is not clear on this matter.... Plz guide me on this matter with particular section or rules.. so that I also make clear my advocate in this matter... Thanks
Anonymous
20 September 2017 at 08:13
Hi,
Case is filed in high court in order to quash the 498a proceedings.
Now the case status is showing as 'Pending' and POSTING STAGE: FOR ISSUES and status as blank
What is the meaning of "POSTING STAGE:FOR ISSUES" ?
Thanks
Imran
19 September 2017 at 23:12
Can a mohammadan execute will on his all self acquired property to legal heir or stranger.
Third party one time settlement though high court ???
I had project of 18 N.A. bungalow plots in Navi Mumbai. I have sold 15 plots to different buyers since 2007 to 2012. I hold 3 unsold plots. Out of 15 plots, there was dispute about 6 plots. Dispute is as mentioned below.
Around 1st week of March 2007, Group of 6 different people approached to me & wished to purchase 6 different bungalows from me. Hence, I had made Agreement to Sale with 6 plots to 6 different people. Plot Price was 12 Lakh & additional development charges were 2 Lakh per plot. These Buyers given me Post dated Cheque of 2 Lakh i.e. 20 % booking /Token amount & Post dated Cheque of Rs. 2 Lakh towards development charges & entered into Agreement to Sale with me. Immediately After Agreement for sale I issued NOC to mortgage the plot subject to terms & conditions of agreement for sale and then these buyers applied for 80% loan amount with government bank.
Around ending of March 2007, I received 80 % loan amount (around 48 Lakhs) directly from bank but at the same time post dated cheques were bounced. I wrote several letters, legal notices to these buyers & Bank but none were replied. Hence around May 2007, I filled civil suits against these buyers for cancellation of agreement to sale. I was ready to repay the bank after deducting my necessary expense .Suit is still pending against these buyers. (My mistake was I had not filled 138 N.I. cases & I had not made Bank as Party in Civil Suit). These buyers were not coming to court.
In year 2009 Government bank filled case against me & these buyers at DRT Court, Mumbai. Around 2012, DRT issued clean chit to me as I had not directly taken loan from Bank but granted Power to Bank to recover loan amount from buyers by Auctioning of My 6 plots.( My mistake was I had not filled appeal to DRT Case).
In year 2012 Bank filled FIR /Police complaint against me, which is still pending in Mumbai Court. Except DRT Court , they had not taken any criminal action against these buyers. They have not tried to recover the loan amount from these buyers or their guarantor.
Since 2012, I am trying to solve dispute by third party one time settlement with bank officials. But after 3-4 meetings every year & verbal confirmation result were not fruitful.
Around June 2016, Bank tried to auction 3 nos. of plot hence I filled 3 nos. of different civil suits in district court .But my appeal got rejected in District court. Bank has executed Auction but no one appeared to purchase plot.
Around September 2016 I gave written offer of returning 66 Lakh as third party one time settlement. But due to demonetizing said proposal were pending. In February 2017 bank officials verbally told me to deposit 20 % of 66 Lakhs i.e. settlement amount .After depositing 20% amount they will have meeting with Higher authorities of bank and then only they will decide for settlement. If higher authorities of Bank agree the settlement then they will issue No Due/ No charge letter against me and my Plot. If they reject settlement then they will return my 20 % amount.
Bank officials are playing hide n seek game with me. I had written many request letters, met bank officials personally & they assure me to perform third party One time settlement .but officially I have no record to prove their willingness.
One of lawyer told me to not accept bank’s offer instead they advised me to file consent terms in High Court & Deposit all the amount in high court & then High Court will give guide to lower courts to dispose of the civil & criminal cases against me. Bank not replying anything about this matter. Bank had not given me anything in writing about settlement. Bank officials just talks verbally. I want to get out of these situations as I already suffer mental pressure & legal expenses. I just want my clear title plots.
Now I want answers to my following queries.
1) As there was no stay from any court , Can I sell disputed plots to third party without any consent from Bank to raise funds for settlement ?
2) How can I make bank official ready to accept my third party one time settlement though High court ???
3) Is third party one time settlement is possible without original Buyers who has taken loan from Bank?? ( I doubt they will not come as they have not appeared in 2007 case also)
4) Any other Method / Alternative to get my plots back to me.