Goapl Garg
16 June 2015 at 22:38
I have allowed my flat under mortgage towrads credit limit to my brother"s pvt ltd company and it is clearly mentioned in the sanction letter that my liability shall remain restricted to the value of my property under mortgage,i.e. the flat.My brother met an accidental death and his company turned into bad condition and his loan account has become NPA with liability of about 4.00 crore.
The bank has issued notice u/s 13(2) to the company and to myself as guarantor asking for payment of 4.00 crore.I objected thru my letter that I am not liable for the total outstanding but to the extent of value of my flat.Bank did not answer.Recently the Bank has pasted a notice on the wall of my flat u/s 13(4) and delivered notice to one of the resident of the society and made paper publication with the same amount.I again strongly objected in the same manner as earlier and as time for filing SA u/s 17 was nearing without any response from Bank, I had to file SA, had to pay Rs.1.00 as Filing Fees , on the same ground and submitted that the both the notice were bad as they have been issued to me asking the full outstanding instead of the property value as clearly mentioned in the sanction letter.Now the bank has issued one letter to me (after filing SA) that they agree that I am only liable for the value of my flat and hence I should pay Rs.1.20 crore(the Fair Market Value assessed by two valuers without my knowledge at all).I disagree with the valuation.It should be at least 30-40% less by going market rates in the area.
Kindly advise
(01) whether the Bank is right in doing so what it has done?
(02) what will be fate of my SA?
(03) what should I do under these circumstances?
I do have advocate who is looking after my case and I do respect him and his action who opines to wait for the disposal of SA.I approach this forum for opinions as this forum has seasned experts and their advice/opinion will reassure me and I shall have more mental peace and assurance.Please do help., Regards and thanks in advance.
dheeraj kumar
16 June 2015 at 22:07
Dear sir/Madam,
Could you please confirm the fees to get a FIR copy from Magistrate Court?
Waiting for your prompt response.
Regards
Dheeraj Kumar
priyanka
16 June 2015 at 21:05
x and y are brother and sisters respectively. 'A' father died intestate and daugther was nominee for all accounts one day x got called by bank and told that they are breaking open the locker as y want to open it the x said that she cant break open it as keys are with him and he is also liable for 1/2 share in locker so s=it could not b break open without his written consent on 1st jan he filed a plaint stating that he is apprehending that his sister that is defendant could open the locker the court didn't pass stay order and ask defendant to give reply meanwhile on 7th jan 'y' break open the locker so since now the cause of action is no more will order 7 rule 11 be applicable. At the time of filing of plaint it was there but before filing written statement defendant brk open it so will order 7 rule 11 that is no cause of action is discovered be envocked
Jyotiranjan
16 June 2015 at 19:40
Dear Experts
I wife had filed a interim maintenance case under HMA 24 in Bhubaneswar Family court.
She mentioned in her petition that she has no source of income.She also didn't produce any evidence in support of her other claims like articles given during marriage etc.
Now if I can get a proof of her income then can I file Perjury under section 340 against her.
My first date of hearing is on 25th June.
When I can file Perjury before hearing or after the final order passed ?
EASWARI VIS
16 June 2015 at 19:35
Dear Sir,
Our President of the RWA has given an NOC for an illegal construction / encraochment.
I have read a high court judgement in the internet wherein it was clearly stated as " it is the responsibility of the President of the RWA to report to the concerned authorities about any illegal construction / encroachment in their colony".
Unfortunately, I could not save that judgement.
Can any one of you help me in getting that judgement about this issue in any high court / Supreme Court about the responsibilities of the President of the RWA.
My email id is : aki_vis1@yahoo.co.in
Visweswaran
Y Singh N Rajput
16 June 2015 at 19:24
I want some court cases - that
"DELAY CAN BE CONDONE PROVIDED THERE IS SUFFICIENT REASON WITHOUT WHICH IT CAN NOT BE GRANTED."
Can you please help?
Geeta
16 June 2015 at 18:56
I have got a contested divorce from my husband last year and minor child's (Son) legal custody is with me.
My grand father-in-law purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.
My query:-
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.
ashu kumar
16 June 2015 at 18:46
Wife has paranoid suspicious behaviour-suspecting - husband of "having an affair", neighbours & friends of "plotting against her", husband's relatives of "trying to harm her"., etc etc....Obviously, something is wrong, because none of it is true. Still, she carries on her ill-will & vendetta feeling,affecting the husband's life and causing him mental strain thru her bad verbal behaviour.
Husband is sure that there is some psychological problem , and maybe a psychiatrist , or even a marriage counsellor can help. But the wife continues to claim, that she is perfectly normal, and refuses to goto any specialist. The relatives are also of no help in this matter.
What is the best course of option in this case, and how can a family court help?
Ashu K Singh
robin sharma
16 June 2015 at 18:39
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Appeal against rejection of ad-interim injunction order
If an application is filed in HC under O 39 R 1 & 2 for passing an ad-interim, ex-parte injunction against defendant before Single Judge. But Judge has rejected to grant ad-interim, ex-parte injunction, but application itself is not dismissed. Can an appeal be made against this order of Judge by Plaintiff? If yes, then under what section or order of CpC? or Plaintiff has to file Review or Revision Petition? Is there any case law on this subject which can be reffered? (Case Law preferably of Delhi HC or SC)