Narayanan
09 September 2015 at 21:41
Dear All,
I have booked an apartment in chennai. The Developer has created charge on the land in favour of Axis Trustees Services Limited to secure due repayment of principal amount along with interest to Debenture Holders and has registered the Debenture Trust Deed and Indenture of Mortgage with Sub Registrar of Assurances at Bandra, Mumbai.
In terms of the aforesaid Debenture Trust Deed,although the Debenture Trustees hold exclusive charge over the immovable property of the Developer, the Developer is free to sell his flats provided the sale of the flats is reported on a quarterly basis by the Developer within 45 days from the end of each quarter.
Also, in terms of the aforesaid Debenture Trust Deed, the Trustees may release the charge on the secured property to the extent it being in excess of the Minimum FACR after obtaining consent from the Majority Debenture Holders.
Since a charge is created on the property, is there any risk in purchasing this property. If so, what is the risk and what has to be done to avoid all future problems relating to charge created on the property. What documents pertaining to release of charge needs to collected from developer in order to obtain a clear title to the property and avoid future problems.
Regards
Narayanan
Chitra
09 September 2015 at 20:54
I wish to gift one of my flats to my husband for which I have got the possession and yet to undergo registration formalities which I plan to do soon.
Would he be able to claim the ownership of flat strictly through registration process or a gift deed from me to him would suffice? I expect him to enjoy full entitlement and ownership of the flat including the rights to sell in future.
What are the benefits/drawback of Gift Deed over Registration process?
What is the process / documentation required for preparing gift deed?
Thanks
Chitra
Bhika Reghiwale
09 September 2015 at 20:37
A
Sir my son made a sell agreement for his land on security basis and borrowed loan from illegal Savkar. On the other hand this Sawakar filed a civil suit on this agreement for his selldeed. My son also lodged a complaint in District Registrar court against this illegal Savkar. And submitted all possible proofs against this.Now today after 4 years of lengthy hearing , this Registrar is asking our lawyer to show the ruling that "whether this registrar can decide this case, if suit for property is in progress in the civil court." Pl guide me early for tomorrow's date . Maharashtra Savkari act 2014 may be referred.& the powers given to the district Registrar cooperative in case of farmers Savkari cases.
pushpakrishna
09 September 2015 at 19:50
Dear experts,we have to file a revision for section 125 of cr.pc in the district court under section 397 of cr.pc.but at the same time we have to file for a stay of the order 125 of cr.pc under section 397(1)or 401cr.pc.am i right sir.kindly advice.thanq in advance for the experts.
Aarti C.
09 September 2015 at 19:30
Hello,
My maternal grandfather owned a property (a flat) in a CHS. He died in 1996 without making a proper will stating the distribution of the said flat. He is survived by his wife and 4 children of whom 2 are unmarried (one daughter and one son). The unmarried daughter, under suspicious circumstances, had got herself nominated for the said flat. Today, after 19 years of my grandfather's death, she refuses to give my mother (married daughter of the original owner) her rightful share in the property. What should be done now? The CHS is going in for redevelopment soon.
P.S.: My grandfather, immediately before his death, had clearly mentioned in the presence of my grandmother, unmarried daughter, my mother and another family member that this flat should be equally distributed (one half to each daughter)among his two daughters i.e. my mother and the unmarried daughter. Unfortunately, the unmarried daughter refuses to do the same.
Kindly help and guide me.
jyotirmaya behera
09 September 2015 at 19:13
The applicant loaded 5 wagon of COKE for delivery of the goods to his siding. Out of five wagon only 4 wagon are delivery to the applicant siding but one wagon was not delivered by the Railway.
Applicant filed an OA before the railways tribunal for non-delivery of the goods. After filing of the Original application before the learned tribunal, the railway delivered the goods to the applicant after 5 year 4 month of delay. At the time of pending OA, the counsel of the Railway submitted that the goods has been delivered to the applicant. This point was placed before the member judicial ( Tribunal) and the Tribunal passed the order that the Railway will pay the compensation i.e. the only interest part (for the 5 year and 4 month) of the total valuation of the goods.
Now matter is that the railway has filed the appeal before the Hon’ble High Court for set aside of the order passed by the Tribunal.
1. The Tribunal passed the order rightly or wrongly?
2. What is the SC judgment are available regarding this part?
3. On which ground the High Court set aside the order of the Tribunal?
Jaya Pathak
09 September 2015 at 19:00
Hello All,
One of my client recently came to know that one of the coparcenary owner of commercial office property is renting the offices only on his name and taking rent to himself.
The Malmatta Patrak or property card shows all the names of coparcenary owners.
Is it possible to file any any case under IPC besides filing for partition? Please specific section.
Thanks to all experts for taking a look into this query.
Jaya
happy
09 September 2015 at 18:51
hello members,
a party take loan from bank. after some time his account become npa..auction notice is recived...auctiondate is final.but before action party pay full loan amount+recovery charges to bank.
is bank eligible to take recovery or auction charges from bank?
plz also let me know the judgement in this regad.
SONIE
09 September 2015 at 18:48
THE JURISDICTION OF DRTS IN MUMBAI HAS RECENTLY BEEN CHANGED. KINDLY INTIMATE THE RATIONALE BEHIND THE SAME
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Interrogataries
Respected Sir,
In a civil suit, what is the right time to file interrogatories ?
Can I file interrogatories after submission of written statement by Defendant ?
Thanking you.