dineshchandra
15 March 2015 at 21:57
I foreclosed housing loan (from Non-Banking Finance Company) on 23/10/10 from 'own sources'. The loan was availed in 'individual' capacity. NBFC levied 2% foreclosure penalty, as per loan agreement. Then I got legal advice that in absence of RBI directive prohibiting foreclosure penalty, I had no choice.
Recently I learnt this NBFC actually comes under direct purview of National Housing Bank (not RBI); and NHB circular dated 18/10/10 prohibited collection of said penalty 'with immediate effect' if financed from 'own sources' by 'individual' borrower. On approaching NBFC, it refused to refund this sum. I got legal advice that I have already missed the bus (I should have approached consumer court by 22/10/12). Do I have remedy available; considering that penalty was levied in violation of NHB directive?
rethirajulu
15 March 2015 at 21:55
1.My relative had a shop on rental basis since 25 years.
2.The owner offered to sell his shop to my relative on 1989.
3.My relative agreed to purchase the made an agreement to purchase on 1989 & paid 50% out of sale consideration
4.My relative paid Goodwill also.
5.In 1990 my relative wrote a letter to the owner ready to pay balance amount for registration.
6.He replied, after returning from Bombay,he will arrange for registration.
7. Later, letter sent to the owner which is returned stating that he has expired.
8. In 1991 my relative sent a Reg post letter to the owner. No reply.
9.In 1993,the owner sent a notice to my relative to vacate the shop for their own use.
10. Reply was given.
11.1993,the tenant approached the owner(widow) & shown the letter of her late husband & received the balance amount for registration & said after Income tax clearance, registration will be done.
12.Later,the owner sent a letter to the tenant,stating that the property sold to another party.
13.In 1995, the purchaser sent a legal notice to the tenant to pay the rents.
14.The tenant replied suitably stating that she has already paid to the owner full sale consideration,waiting only for registration.
15.In 1996, a suit is filed in B'lore.
16.During pendency of the suit, the purchaser filed under HRC case which was dismissed.
17. Again, the purchaser filed another HRC case,got ex-parte order and got evicted from the shop. The then advocate & and the tenant both have not appeared, due to so many problems.
18. In os 2003
the court gave a judgement and Decree order issued stating that to execute the Sale Deed within 3 months by the owner,leaving the purchasers.
19.The execution filed in 2005,but the Judge gave a judgement on 2009 stating that the it is not executable due to already Sale deed made by the owner.
20.A writ petition is filed in High court in 2009, and the judge gave an opportunity to file R F A and withdraw
this writ petition stating that if your RFA is failed,your are at liberty to file for revival.
21. Now RFA is dismissed during 2014.
22. Now the writ petition is filed and admitted and waiting for regular hearing.
Whether I will get suitable remedies:-
a. from High Court to direct to execute the sale deed by the owners and the purchasers.
b. The lower court passed a Decree order to make a sale deed as per the law and also the same court passed another order it is not executable WHY.
ASMA SAVANUR
15 March 2015 at 21:35
I am a Muslim. Recently supreme court has passed an order that muslim men cannot take second wife without divorcing the first wife. Under the circumstances, whether muslim men if taken second wife will be covered under sec 494 and 406. My divorce petition is pending in the court since 2005. Since my husband himself is a lawyer he has been trying all his levels to adjourn the case for ten years. Since this judgement has come recently on tenth feb 2015, I would like to file a complaint with the police. Kindly help me in following the procedures like where the complaint to be filed, against whom all. Presently I am staying in Bangalore whereas my husband at Hubli. His Nikah was at Davangere in the Musjid. His parents and brothers and sister attended both the marriage and reception. Can I include the names of those who have witnesses the marriage. He has confessed in the court that he has taken a second wife. ( i do not have copy of the marriage certificate or nikah nama.) Kindly guide.
Asma
shiva
15 March 2015 at 21:14
Dear Experts, i have a query for cr.p.c provision. Is there any provision in law that a person can send complaint and statement by email and IO can register and file chargesheet on the basis of said documents u/s 506 ipc. what is the validity of said documents in law and how to challenge this statement.please suggest any court judgement regarding the same.
Thanks and regards
rajan chopra
15 March 2015 at 20:35
SIR A NOTICE U/S 138 OF NI ACT SENT BY REGD. POST AT CORRECT ADDRESS WAS RETURNED WITH ENDORSEMENT N/D.BY POSTAL DEPTT WHAT DOES IT MEAN SERVED OR UNSERVED?
Priya Bhatia
15 March 2015 at 20:05
Respected Members,
I live in a building which has not yet received a completion certificate. Because of building issues my parents had arguments with other building members. Without any genuine reason there is a couple who are creating nuisance and talking in very intolerable method. This happened repeatedly thrice. My parents are aged above 50.
What legal action can be taken against such people.
Priya Bhatia
15 March 2015 at 20:00
Respected Members,
I own a property( which is not yet registered) we have put up the papers for regularization of the same. I am receiving the Tax of it on my Fathers Name since 7-8 years. The light meters is also on my fathers name.
The problem is my grandfather helped my father financially in purchasing the said property but after a few years my father repaid all the amount to my grandfather.
Then my father gave the said property on rent and still being modest he used to give some amount of rent to my grandfather for his monthly expenses (Even after repaying the full amount to my grandfather).
Now i want to ask weather my grandmother or my uncles( i.e. my fathers bothers) will have any legal right on the said property.
I want to mention NO PAPER WORK is done on my grandfathers, grandmother or uncles.
Azimurrrehman Ansari
15 March 2015 at 17:53
I have two children and they are living with their mother in Ahmedabad. I am living in Mumbai. My wife deserted me and took my children to Ahmedabad. She got the order for maintenance of children and not for her.
My questions :
where should I file the case for custody. In Ahmedabad or Mumbai.
If the children says no - we don't want to live with father, the court will permit me custody or not ?
If my salary increases in future, can the court increase maintenance. And if my salary decreases, can the court decrease maintenance ?
If I am paying maintenance to children every month, can I get access to them without filing custody.
Thanks
Ansari
Saikat Sen
15 March 2015 at 15:33
Chotu Lal Gujjar gas offered a nagarparishad patta for EM to our bank for his cash credit facility.During field inspection it has been found that the patta is using for commercial purpose(hotel).But as per the patta it is mentoined that the use should be domestic not commercial.May Bank can EM this property?SARFAECI is possible or not?.May the NOC from Nagarparishad is suffice or any extra precaution should be taken.Pls advice.
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Deceased claim and sureties
Hello All
I wish to know that why bank ask two sureties when giving claim amount of deceased person to legal heirs after receiving affidavit and indemnity letter from claimants. After all its not loan that bank needed any surety.These days friends and relatives dont come forward for sureties, if person could not arrange sureties, is there any other option or person will not get the money at all unless he brings the sureties. Claim amount is less then 1.5lakh.