kamlesh kumar
29 October 2014 at 14:52
Respected Sir,
I have got a home loan from a bank for buying a flat in an apartment.
According to the TRIPARTITE AGREEMENT The builder is the first party. Bank is the financing authority. As borrower my wife is the applicant and I am the co-applicant.
By the bank records I am an applicant(employed) and my wife (house-wife) is a co- applicant. About 80% of the loan has been disbursed to the builder. The flat has not been registered till now.
Now the circumstances have been changed. Because of some unavoidable reasons both of us have decided by an affidavit to get the flat registered in favour of single name (main applicant as bank records and co-applicant as agreement).
Deciding above I met the builder and the bank officials. The builder stated orally that the above said can be implemented if the bank has no objection but the bank refused to do so.They say that the TRIPARTITE AGREEMENT can never be changed because the loan has been disbursed.
Now I want to know that-
1. What is the process to get the flat registered in my single name?
2. What should I do?
Yours Faithfully
Kamlesh
email-drkamlesh108@gmail.com
Col Rajp(Retd)
29 October 2014 at 14:08
kindly advice ;-
1 Girl falls in love with a boy working as IT consultant. gets married approval of parents from both sides, she left her well paid job, as finical consultant, after marriage , which was duly registered,
2 they go to South America, as he gets a job there, for one year.
3. After reaching there,she realises that he is sending mails to her earlier girl friends, on objecting, After drinks he beats her black and blue, father speaks to him and after long talk, by both parents they reconciled, since reporting to police will create, lot of problem to him.
3. they comeback and after few months again to their on new assignment,
4. After few months she gets interview, for MBA, which irritates him, he told how you get this interview not me as he is better qualified then her, after drinks hit her , she is not well on the day of interview, not selected, he is happy.
5. After few days he beats her very badly after drinks and she speaks to her father and she goes to USA to her brother, he resigned the same day that she may not get her arrested and fly backs to India.
6.She comes back and is under mental, agony, frustration and pain, decides to confronts him at his place without her father as he told her your father will come begging in front of me to keep you,
7, She goes alone but parents take his side and ask her to go back. she comes back under lot of mental agony, being treated badly.
8 She decided to call it a day comes out of this trauma, after few months and picks up a job in banking sector as consultant.
9, they had booked the flat and where both are signatory, he has been paying the instalments, now he is pressing to give him in writing to withdraw her mane which has been refused.
10. he never bothered to ask her/talk to her except sending mail once to give in writing to withdraw her name from the flat.no money or maintence he gave,
11.Its one year, now he has gone to USA for MBA, she wants to get out from this bad relation. In all aspects he is no match to her in any way, be smartness beauty, brains or social status.
12
A.she know where/university, he is doing MBA,
B. She has visa long term for USA .
c, what are the option to get divorce under such situation, as early as, Can it be filed in USA possible. if filed locally. he is in USA, what will be the procedure.
12. needs you expert advice to go about in systematise manner.Thanks waiting for your advice.
.
vivek singh
29 October 2014 at 14:07
sir i am a resident in a rented room in kolkata from last 30 year above. the rent bill was namally of my grand father.but my grandfather and father and mother also death in harness. this time i and my little sister leving in tented room.after death of my grandfather the landlord not giving rent bill but they take the room rent.that situation i deposit room rent in kolkata munciple rent control.the landlord force me that vacate the room and threating me regulerly.some official work i go to out of station last 3 month after i come they not entered in room . i was very harrash what should i do i dont understand . please help me
any legal advice for me
Madhu Mittal
29 October 2014 at 13:47
A case u/s 138 N I act comprising of three cheques i.e. two cheques from one drawee bank and one cheque from another drawee bank was filed taking the jurisdiction of payee’s bank. Now due to decision of Supreme Court in Dashrath Rupsingh Rathod, the file was returned to us. Now file returned is one comprising all documents i.e. unserved registred notice etc, and now cheques have two different jurisdiction. Please let me know how to file.
Anup
29 October 2014 at 13:36
I need help to file online PIL in SCI. I'm 27 years of age and live with my widowed mother. My uncle and his family have been harassing us for many years for our property which belongs to my father and we have all the documents. Two years back my uncle and his family attacked me physically and abused my mother at night and threatened to kill us. I wrote to city SP along with all documents to file FIR and take action against the accused. The matter was sent to local police station, where the accused used their political connections and influence to pressurize me for a compromise. They made me sign a document stating the matter was solved. But as they failed to keep their word of protecting us or taking any action against the accused for their continued violence, I again approached the SP. Again the same thing happened and I was threatened like anything. I sent all the related documents along with an application to the State Commission for Women regarding the issue. Commission sent notice to local police for their inaction and to give an answer. The local police SHO sent me a notice to appear before them and when we went he humiliated me and my mother for writing to the commission and said it was not a police matter. I told him that its a cognizable crime and I've seen it on news channels that I should get a FIR registered. But the SHO called me IPC 84 and laughed at me. I reported this to the State Commission for Women via email. The next day the SHO along with many constables barged into our home and in an intimidating manner asked me and my mother to sign a document that was dictated by himself stating that the matter was resolved and made me sign it. I told him that I can write my own statement in English, but he refused. I was scared and could not question them. But even after that I asked what about the FIR or action against the accused. The SHO made false claims of looking into it. This happened in April 2014. I need help in approaching the SCI, but I don't know how to file a PIL online. Please help me.
Shilpa
29 October 2014 at 12:46
Will some one please explain the below interpretation in simple language -
"where a Hindu dies after the commencement of The Hindu Succession (Amendment) Act of 2005, his interest in the property of a Joint Hindu Family governed by the Mitakshara Law, shall devolve by testamentary or intestate succession under the Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place."
Adil
29 October 2014 at 12:12
Hello Experts,
I am seeking some advice on one of my friend's situation. Please go through the matter below and throw some light as to what action he can take:
My friend meets a girl and later on mutually they started a relationship.
They decided to marry (inter religion case) however, when girl's parents knew about the relationship they tried to stop the girl.
Later on under family pressure girl refused to marry my friend. (The relationship lasted for 2 years).
When my friend enquired about it, he was shocked to know that the girl was already married and she has a 4 year old son. And that she had filed a divorce petition from her earlier husband however, the case was still ongoing.
Now my friend is emotionally attached with the girl and wants to get married to her.
The girl has emotionally harresed him and my friend is going through mental trauma.
Please suggest as to what action can my friend take in order to get married to that girl or at least teach her a lesson so that she dosen't repeat this with any other guy.
Saurabh Verma
29 October 2014 at 12:12
i have made one agreement with my grandfather on a plain paper..my grand father age is 86 yrs. actually my grand father filed a case against my father in 2003 to vacate the property. my father has lost the case from lower as well as high court of Delhi. my grand father has proved that suit property is self acquired property..he filed execution in district court there i filed my objection that this decree does not apply on me.. my father can leave but i can not because i have an agreement with my father on a plain paper with two witnesses and according to agreement i can live there where my father occupied the place in the suit property. but before the court my grand father said this in not my sign on the agreement under the pressure of my Chacha (uncle)whom my grand father transfered all the property .agreement amount is 5,00,000/- and i have given him 50,000 in advance by cheque. after 6 months tis hazari court decided that agreement is not valid because sign does not match. i said i am ready for FSL. but no use. now i filed the appeal in saket court because property and both the parties is from south district. plz tell me whether my objection sustainable or not..
venkat raman
29 October 2014 at 11:46
I HAD BEEN WORKING WITH A PVT.LTD COMPANY BASED AT MUMBAI.I WAS STATIONED AT HYDERABAD AND LOOKING AFTER SALES AND LOOKING AFTER HYDERABAD BRANCH.
ON 14-10-14 I HAD SEND BY RESIGNATION MY MAIL AND GIVING 45 DAYS NOTICE TO THE COMPANY AND SUBSIQUENTLY HAND WRITTEN RESIGNATION TO DGM AT CHENNAI.
ON 20-10-14 DGM CAME FROM CHENNAI AND TOOK CHARGE OF OFFICE BUT FORCED ME TO SIGN A DOCUMENT STATING THAT I HAD PUT MY PAPERS ON 1-9-14 AND THE DOCUMENT FURTHER STATED THAT I SHOULD NOT JOIN ANY COMPITATORS AND COMPANY MANIFACTURING SIMILAR PRODUCTS.
ALL THIS WAS DONE BECAUSE A SUM OF RS.70000.00 WAS TRANSFERED IN MY ACCOUNT TO GIVE IT TO C.A OF COMPANY AT HYDERABAD ON 17-12-13.I HAD DRAWN THE AMOUNT AND HANDED TO C.A IN CASH AND HE NEVER GAVE ME ANY RECIPT.IT WAS ALL INFORMED TO ACCOUNTS DEPT.BY MAILS BUT THEY NEVER RAISED A CREDIT VOUCHER AND CARRIED FARWARDED THE AMOUNT INTO NEXT F/Y.IT WAS HARESSMENT AND FORCEFULLY TAKEN MY SIGN ON DOCUMENT ON 20-10-14 BY DGM.
AS PER APPOINTMENT LETTER,THEY NEVER PAID BY L.T.A,BONUS,SALARY FOR THE MONTH OF SEP14,LOCAL CONVENCE OF SEP14 AND OCT.14.
I HAVE ALL MAILS SAVED IN MY PERSONALID.
PL.ADVICE HOW TO GO LEGALLY IF THEY DO NOT SETTLE MY ACCOUNT.THERE ARE CASES WERE THEY HAVE NOT SETTLED ACCOUNTS AFTER PEOPLE RESIGNING.(1 YEAR GONE BY.).
CAN I MAKE A COMPLAINT IN HUMAN RIGHTS COMISSION ALSO.
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Queries relating to preparation of will
I am preparing a will wherein I would like to bequeath my residential property, jewelry, monies in bank accounts and bank fixed deposits to my wife. In respect of the same, I have the following queries;
(1) After my death, in accordance with the above will, all the assets listed above will be passed on to my wife. Further, in the same will, can I create a succession planning wherein I can state that after my wife’s death, the assets must be immediately sold and the proceeds must be apportioned among my daughters?
(2) If not, is it necessary for my wife to create a new will after my death to bequeath the assets passed on to her?
(3) I am also entitled to a share in ancestral land which I will get in due course of time. Can I bequeath in my will the share of land that I shall possibly get in future in favor of my wife/daughters?
(4) Is it necessary to appoint an executor? Who can I appoint as an executor?
(5) Can one of my daughters who as per the will (prepared as stated in 1 above) have been mentioned as a beneficiary after my wife’s death be appointed as an executor?
(6) If not, can I appoint one of my son-in-laws as an executor?
(7) Is it necessary to register a will? Where can I register my will? What are the charges/fees/ taxes payable for registering a will?