Goapl Garg
11 January 2017 at 08:22
My family consist of my grandmother, my father-mother and myself.I am student persuing higher degree course and stay away from my family in campus.My father has demised about two years ago.He was a partner in business with another person and my father and his partner has kept their residential flats as collateral towards the credit facility from their bank.
My fathers flat is used by us and it was his own self acquired property in his personal name.After death of my father , the credit facility was continuing and the Limit was enhanced and reduced two times and my mother and grand mother executed the guarantee documents on behalf of my father. I was always away from city and has never signed any document for sure.As usual, the partner of my father sysmatically distanced himself from my family and we were deprived of our dues and regular returns.A new company has been started by partner and the whole business is done thru it deserting the old partnership firm and the Bank Dues became NPA with our flat(also with partner:s flat) under mortgage with Bank.
OUR PLIGHT
Bank gave letter(13(2)) and notice (13(4)) published in two newspaper the description of the two flats, and the name of the Partner, My Grandmother, My Mother and also My Name as guarantor.I have never signed any kind of document at all.The Partner is apathetic to us and thru common well wishers we three(grand mother-mother and myself) filed an SA with DRT and Bank has filed OA with DRT.The Bank has also filed Application with the DM Office for taking possession of the two flats.Our advocate is trustworthy young professional and is of the view that the all the notices of Bank under section 13-2, 13-4 and 14 are bad as they contain my name as guarantor whereas I can not be termed as guarantor in any case as I have not been a party to any documentation after death of my father.He also contends that the Bank could not continue mortgage over my father"s flat in absence of the execution of all documents by all the legal heirs of my father who were grand mother-mother-myself and therefore the mortgage over our flat is bad in law .He has made the point as a broad issue in our case before DRT and DM.The Bank is not listening and says I had stepped into shoes of my father after his death as guarantor even without any execution by myself.At DRT the Bank is not showing to contest and lingering on the matter and the Bank is making serious efforts with DM for taking possession.
MY Question
01 Was Bank right to continue mortgage over my father Flat without my signature on documentation?
02 Am I really liable and can be termed as gurantor in this situation?
03 Is Bank"s application/case before DRT and DM is defective one and we stand to get relief there?
My advocate is sure of relief, but situation land locked as DRT is not moving ahead and in case DM allows before DRT Judgement(which we do not know) then we shall loose the flat.Also in absence of support from our business, our financial position is also weak.
Under these compelling circumstances I approach you for guidance and clarification without any malic or dis-respect towards our advocate.
Kindly help....
Mrunmai Deshpande
11 January 2017 at 07:09
Thanks for the help.
My Mother is 88 years old. She is totally bed ridden because of severe osteo arthritis and severe osteoporosis. She owns a flat in a registered CHS which she wants to sell. As the sale deed or power of attorney can not be registered due to her physical disability for to be present at Registrar’s office, will you kindly suggest the way out !
Can we Notarize the Power of Attorney Document and go ahead for Registration. Please advise !
Syed owais
11 January 2017 at 02:12
Hi. My brother was driving the car without having license, there were four boys inside the car two back side and two front. Immediatly a bike came infront of them, to save that bike my brother hit the car to a tree from car's back side. Out of four boys one was injuired and was moved to hospital by all three boys. Now the injuired one is still ctitical in the hospital. In the statement to police all remaining three including my brother said about the bike coming overspeed. The injuired one had back problem before this accident. What will be the puniahment?
Already we have given five lack rupees to victims as medical aid.
Anthony Cyril
10 January 2017 at 22:46
I have 4 acres of agricultural land of grandfather property it has sanctioned by ex-servicemen quota. the court had given judgment 1/11th share after it goes to final decree procedings but not yet decreed. In that time the other defendants sold that property to third party but we were not signed and not participated but we come to know they forged my father signature and sold to other person. Now FDP case going on. After FDP shall I occupy my share in that land is it going any issue. Please guide me.
Anonymous
10 January 2017 at 22:46
Hello We are pvt ltd co. with 3 partners
One of the partners hv suddenly send the resignation without clearing his outstanding money dues n without clearing other work commitments. He has evn stopped coming to office... What action can be taken in this regard
Thanks
Pradeep
10 January 2017 at 22:08
Sir, My name is Pradeep and my dad name is Raj, Sine my name in 10th and 12th marsheet is printed as Pradeep Raj(with Dad name) and name in UG AND PG degree is printed as Pradeep R ( Dad initial only mentioned) . So I have changed my name in gazette as Pradeep Raj to Pradeep R recently. since my dout is people says that I should get affidavit of my name change, first and to publish it, in public newspaper and then I should go for gazette name change. But I have directly applied to gazette office and changed my name With out getting affidavit and publishing in newspaper.. Since I am preparing for Government exams .
1. I like to know weather I want to get affidavit from notary and publish my name change in newspapers? Apart from my gazette changes
2. Is my name change from Pradeep Raj as per (10&12)th to Pradeep R as per ( UG&PG) is a correct format of change or not.
3. I am preparing for government exams so in certificate verification they accept my gazette copy of name change or not.If someother things is there for name change except gazette record mention it ( kindly answer for these doubts & my previous thanks for it)
Thanking you
Pradeep Raj
HITESH SHAH
10 January 2017 at 21:50
RESPECTED SIR ,
SHARE MARKET INCOME DOES NOT REMAIN FIX SOMETIME WE MAY GET LOSS.SO IT SHOULD BE CONSIDERED FOR TOTAL INCOME HOW IT IS CALCULATED?
Rakesh gupta
10 January 2017 at 19:34
Hi Experts,
I have a maritial cases & 498A going on in courts of bangalore
Cases list :
RCR(wife)
Maintanance(WIfe)
498A(wife)
Dirvorce( Husband)
We referred our cases to Mediation expcet 498a
RCR & Mainatance are refrred from Family court
Divorce is refrred from District rural court in bangalore
So now myquestion is once we write agreement statting 'X' amount will be given to wife and kid and agreeeing we both are agreeing to seperate.
1)Once settlement agreement is written file goes back to famuly court as it is RCR & Mainataince case, what will Family court happen
Will court just cancel same or pass dirvorce ??
2)Once settelement Agreement is written file goes back to District rural court ( where Dirvorce case is pending), WIll judge pass decree of divorce basing on settlement report ?
Please guide me, though i have good advocate i would like to have second opinion
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Relinquishment of rights in a mortgaged property
We have taken SME loan from a bank for our pvt ltd company and one of few collateral securities includes one immovable property in the name of relative of the directors. This property is jointly owned by a Mother (Aged 90 plus) and his son (Aged 60 plus). Recently son has expired unfortunately. He did not write his will and as per succession rules his share has devolved to the following family members, deceased's one son, deceased's two daughters, deceased's wife and deceased's mother (90 years plus as mentioned above). Now all these members namely deceased's old aged mother, two daughters, deceased's wife want to do haq tyag (relinquishment deed) in favour of deceased's son. So he will be single owner. Now the questions arises as follows:-
1. Sub Registrar has denied to register relinquishment deed without seeing the original registry of the concerned property. Original registry is kept in the custody of the bank as mortgaged property. Whether registrar is legally right in saying so. There is a difference of opinion on this.
2. Whether such relinquishment will attract stamp duty which is already paid on the mortgage of the property to the bank. (Here I am not asking stamp duty on relinquishment deed, I am asking stamp duty on Equitable Mortgage, please note that there is no enhancement in loan amount).
3. Bank is saying that relinquishment can not happen of a mortgaged property and first it will have to release the property by taking approval from competent authority and then re mortgage of the relinquished property with new owner will take place, but this will attract heavy stamp duty to us. Stamp Duty in MP on EQM is max. Rs. 10 Lacs which will get attracted in this case. Can this be not done after taking NOC from the bank instead of releasing the property from mortgage.
4. If we give NOC of the bank to the sub-registrar for relinquishment then also he may insist for show of original registery and deny to register haq tyag.
Idea is only to save heavy stamp duty and get the work done.