Abdul
03 June 2017 at 18:01
I had purchased a house from a seller and the registration formalities done on 4/3/17. Since the seller agreed to do some remaining finishing works , I issued a post dated cheque for 20/3/17 for an amount of 2.5 Lakhs.( unfortunately it was not documented). Since the seller did not initiate any work after repeated call, I had no way , but to stop cheque payment knowing its consequences.
I got a notice from the seller's advocate on 18/5/17 to pay within 15 days, else appropriate legal action will be taken. In that notice it's mentioned that the cheque was presented on 23/3/17 and the bank issued a memo on 25/3/17 mentioning as payment stopped .
My query is : will it attract 138 NI (Criminal case) now since the notice was served to me after 30 days of bank's memo issued to them. Cheque has validity till 19/6/17. Also the seller is out of country.
Please let me know what to do? I am a Government servant (Gazetted officer) and like to avoid criminal proceedings.
Mean while the seller's advocate called me for a compromise for an amount of Rs. 50,000/- only which I cannot accept.
Dr Shahid Nadeem
03 June 2017 at 16:41
Respected Experts...
In Maharashtra , at municipal council area, a non agricultural land was Sold by a land developer by fragmentation into Plots...The said plots were neither converted to Layout nor any prior permission of any Development authority or sanction was taken as laid down by legislature as per Land laws of Maharashtra....Said plots were just handed over to the Buyers on just a non registered 100 rupees stamp paper....
Is this permissible??? What type of actions could have been taken against that Land developer??? Who is competent authority to take lagal actions as per the Land laws of Maharashtra in a municipal council area???
Regards
sahil
03 June 2017 at 16:08
Respected experts,
I bought a flat in may,2014, i registered the sale deed and did mutation in may 2014. also having a bank loan and property is in my possession since may 2014, electricity connection is also in my name.
Now, after 3 years, i got to know somebody earlier then me, came into sale agreement with the builder in march,2013 for 3 flats in project, which also includes my flat (no registration and mutation done by them on any flat) and by triparty agreement they got loan from a bank on my flat in 2013. which builder is paying itself till now, as he is a relative of builder.moreover,1st party never came to me for any claim nor any bank. 1st party recently took possession on rest 2 flats as they were vacant.
moreover,builder is defaulter as he already defaulted in paying the loan on whole project he took loan on whole project in june 2013 (case is already pending in DRT courts)
so my concerns are
1. what should i do?
2. what previous buyer can do against me.
3. what bank of 1st party can do if builder fails to pay(they are in triparty agreement)
4. How my bank can provide loan to me as property is already mortgaged for two times(with 1st party's bank and builder's bank)
please give your valuable inputs, will be very thankful to all of you...
jyoti
03 June 2017 at 15:18
An organization offering loan has claimed to be a company in its website and also in the e-mail addressed to the loan applicant. The letter further states that they are NBFC which is false. Can they be fined under Company Law?
They have also insisted that witnesses to a document has to sign on revenue stamp?Is it a valid in law as witnesses do not discharge any monetary obligation? Can they insist on such onerous clause?
Can on organisation give loan without a license under moneylender's act?
sahil
03 June 2017 at 15:06
Respected experts,
I bought a flat in may,2014, i registered the sale deed and did mutation in may 2014. also having a bank loan and property is in my possession since may 2014, electricity connection is also in my name.
Now, after 3 years, i got to know somebody earlier then me, came into sale agreement with the builder in march,2013 for 3 flats in project, which also includes my flat (no registration and mutation done by them on any flat) and by triparty agreement they got loan from a bank on my flat in 2013. which builder is paying itself till now, as party and builder are relatives and they did all this to use the funds. 1st party recently took possession on rest 2 flats as they were vacant.
moreover,anybody never came to me for any claim nor any bank from the day i got possession till now.
moreover,builder is defaulter as he already defaulted in paying the loan on whole project he took loan on whole project in june 2013 (case is already pending in DRT courts)
so my concerns are
1. what should i do?
2. what previous buyer can do against me.
3. what bank of 1st party can do if builder fails to pay(they are in triparty agreement)
4. How my bank can provide loan to me as property is already mortgaged for two times(with 1st party's bank and builder's bank)
please give your valuable inputs, will be very thankful to all of you...
Mayank Dhruv
03 June 2017 at 14:37
Shares are held by a Partnership Firm as investment, however as firm cannot hold shares in its own name, it is held in the name of the partner. Partner retires, then for transfer of shares to other existing partner is it required to execute share transfer deed and pay stamp duty?
Hitesh
03 June 2017 at 13:38
Respected Seniors, I was working with company located at New Delhi joined in April 2016. When I joined they asked me to stay at Delhi for 1 month it my own cost. (I am based at Mumbai) Since I was in need of job I accept their terms. At the time of joining they gave me offer letter without mentioning the salary in it, they said you will get it once reach Mumbai.
Till November 2016 I use to get my salary in my salary Account in HDFC bank by 20-22 of next month. Since I got some issues I requested them to pay my salary by cheque instead of crediting in my salary Account.
In the month of December and January 2017 I got my salary almost one month late. So I had hot argument with HR. In the month of March my visiting cards got over so I have asked my HR for visiting cards but they said since my performance is not up to the mark company don't wish to continue my services!!!! Then I spoke to my CEO and surprisingly he said I am giving one month you get the business of 50 Lacs!!!! Which was next to impossible.
Now till date, I have not received...
My reliving letter
Salary for April, May and one month notice
They did not send any mail to leave job
Please advise, what kind of mail I should send??
gyana ranjan sahu
03 June 2017 at 12:57
A and his wife have died leaving land and building. A had 6 sons and 2 daughters. Out of 6 sons 4 died leaving their families and one is unmarried and another married with sons and daughter. The property is still un-partitioned. One son x died after 2005. My query is can the widow of x who has no son but only 3 daughters can claim for partition of such property?. No will has been made by A. What is the legal way to have the share of the property. She is surviving by husband's meagre pension and has been forcebly evicted by her husband's brother.
viniket
03 June 2017 at 12:20
My brother dies after 3 months of marriage but he does not have any kind of property on his name in such case can his wife make claim on my mother's fully own property
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Not finishing of civil work within agreed time
Dear Sir,
I entrusted a civil inerior work at my flat at chennai to an interior co.They have collected 90% of the amount from me and have finished only 70% of the work and now they dodging and not finishing work even after the agreed period of 100 days. I could not meet the senior responsible person in their co and couldnot contact over phone also. Work is lying unfinished. I have to go to USA shortly. What is the legal remedy to get the work done from them
V.Gurumoorthy