Yaaros
31 October 2016 at 19:27
I'm submitting original title deed in a bank for housing loan. So, should I keep a copy of title deed attested by gazetted officer or a copy attested by a notary? If both are ok, which one is better or more legally valued?
vinayak
31 October 2016 at 19:08
REPRESENTATION OF MY EARLIER QUERY WITH ADDITIONAL INFORMATION
Sir,
I am a science graduate, and I worked as an officer in a nationalized bank, and now I am retired from service on 29-09-2016.
Earlier to that I was having a housing loan a/c at a co-op bank, and I transferred that a/c to my bank, and my bank took over this liability of Rs 8, 30,000-00 from co-op bank as on 01-05-2016. This I done because our bank is having facility to deduct EMI [Rs 8650-00 p.m for 120 months] from my pension [Rs23,000-00 p.m] a/c and there is a HO circular to this effect.
Now I am retired and my PF and Gratuty are not released, because they want to close my housing loan a/c out of my terminal benefit as per terms and conditions of loan sanctioned. And as a verbal reply they informed me that, unless terms and conditions are altered by executing a Memorandum of correction document, they cannot help me. I put forward my representation many times to this effect, yet management could not take any decision till today, and till today it is an unresolved issue, and no signature of mine is obtained on any document.
I earmarked this amt for my daughter’s marriage. Without this amt my daughter’s marriage is impossible.
I transferred this loan a/c on confirmation by our chief manager of our bank, and under his confirmation to deduct EMI from my pension a/c.
I transferred this loan account to my bank to help advance manager to reach his target. Now it is proved that I am a fool in doing so, because now he is not even lifting his telephone, even when I dialed to his number many times.
Under this circumstance please guide me what is better for me.
Mr.V.A.Todurkar.
Retired Officer, Dena Bank,
Zonal Office, Bangalore
Date: 31-10-2016.
Arvind Singh Chauhan
31 October 2016 at 18:30
Sir,
Two years back I filed complaint under SEC 31 DV Act for breach of protection order.
Erstwhile JM issued notice to opposite party and after objection, proceeded to evidence.
Now new JM says procedure adopted was wrong and matter should be tried as procedure provided for private complaint in Cr.P.C.
My submission is that though, procedure provided in CrPC should be applied, but court is free to adopt it's own procedure as provided in DV Act.
Second submission is that if court has adopted wrong procedure, there is no fault on the part of my client, he is innocent.
1. Sir in such a situation what should court do. Whether opposite party should be acquitted.
2. Whether court should start form beginning, if yes what would be of limitation issue and time and money spent by innocent client.
Plz enlighten me. and refer case law if any.
Dinesh M
31 October 2016 at 18:20
We d 5 family members own a flat in pune and this was legally settled wth a fift deed which was registwred n duty paid in Govt Registrars office. This was done 2.5 years back.
Till date d single member who is registered as sole owner 30 years backb refuses to registwr other membwrs name n shares in d society register.
Can we the other members request d society to so do d needdul.
If Yes under what Rulw bo or bye- law.
Thanx n rgds
sangeeta
31 October 2016 at 17:22
i am in possession of a house since last 40 years. a third party claimed to be owner of this house, however not producing chain papers, filed a collusive suite with some person claiming to be his tenenat. without and prosectuiotn evident, the suite with dismissed as withdrawn after reocrding of the statment of parties for copromise to hand over the possession, surprising after two months the other part went for execution petition and the warrant of possession with police help issued by the judge within 2 months. please give me some helpign court cases.
Vijaya Bhaskar
31 October 2016 at 17:03
Dear Learned Experts,
My wife has an opportunity of purchasing a house attached to her property which is explained in detail for your kind assistance and needful guidance.
Acronyms
1. A=Father
2. B=Elder Daughter
3. C=Second Daughter
4. D and E= Cousins to B and C
5. F=Daughter of D
6. G=Daughter of E
7. Mr. (A) Father (Widower) has two daughters, elder daughter (B) 55 years old (very mild mentally retarded) married and deserted by husband 25 years back hence living with her father. Later B’s husband married another woman and settled in different place and the second daughter (C) 50 years old married and settled in different place.
8. Mr (A) and elder daughter (B) were living at the said property. Mr. (A) died (19 Years back) leaving (B) and (C) daughters as legal heirs.
9. Since the second daughter is living in a different place and has no interest in the property she proposed to sell the property to their uncle sons Mr. (D) and Mr (E) with a verbal condition to look after her elder sister (B) as she is staying alone at the said property.
10. (C) Executed the sale deed with Mr. (D) and Mr (E) separately in two different sale deeds half portion each and acknowledging the sale proceeds.
11. Now Mr (D) and Mr (E) have become the owners of the respective portions and their names are entered in the record of rights with different CTS nos.
12. Later, Mr (D) gifted his portion of property to his daughter (F) and Mr. (E) relinquished his portion of property to his daughter (G) through Relinquishment deed.
13. Due to requirement of money (G) is willing to sell the portion of her property to (F) my wife.
14. Now F being my wife would like to purchase the property and seek your valuable suggestion and guidance before acquiring it
a. Can my wife (F) acquire this property through a gift deed which helps in minimizing the stamp duty instead sale deed?
b. Can my wife (F) acquire the property through relinquishment deed and what are the implications, stamp duty etc.
c. Is it relinquishment deed permitted only among immediate family members or it is permitted to anybody apart from family members.
d. Is it mandatory to have all the family members of G to put their signatures on the gift deed/relinquishment deed/sale deed.
16. Thanking you in anticipation,
stefen Ronald
31 October 2016 at 15:26
Sir,
I have a doubt. I applied for Lok adalath for a dismissed case in lokayukta . I was planning to file appeal petition before high court ,at that time i came to know about lok adalath. So i thought it could save my precious years from wasting. Suppose
1.If the respondents are absent on the adalath day, what all reliefs can the petitioner gain in this adalath?
2.Will this adalath be a waste if respondents absent themselves?
3.What all proceedings can be taken against the respondents by the officials of lok adalath and what relief can be sought by the petitioner in that case?
please reply
ALOKE SARKAR
31 October 2016 at 15:19
To appeal in state commission, Is it possible to use self-attested confonet download judgment copy instead of certified judgment copy of district forum?
ALOKE SARKAR
31 October 2016 at 15:14
To appeal in state commission, Is it possible to use self-attested confonet download judgment copy instead of certified judgment copy of district forum?
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Stamp duty assignment money decree
Respected Experts
I am the beneficiary of 50% rights in a money decree vide a new document of "deed of assignment of decree", suit decreed 2 years back and the original decree-holder wants to assign to me 50% rights vide this new document. Suit was for recovery of money of movable property already disposed off by debtors.
There are very tricky questions. Deed of Assignment is an instrument but not a document of conveyance as only 50% rights are transferred of the money decree.
1. Under such circumstance, does one pay stamp duty on this deed of assignment ??
2. Its a part transfer of rights, it is not a full conveyance or a full sale. Hence does stamp duty apply if its a part transfer of movable rights in decreed suit
Thankyou