CHANDRAKANT
24 January 2014 at 18:35
Dear Sir,
Sub: Seeking legal advice
We are proprietary concern having credit facilities from M/s. Punjab National Bank. Our proprietor died around one month back and same was duly intimated to the bank with request to let us know the formalities to be complied with after the event. The new proprietor had taken over from the very day when the former proprietor expired. The change in the proprietor has been duly intimated to the income tax department, sales tax department etc. and receipted copies of all these departments were also submitted to the bank while informing them about death end switch over of new proprietor. However, bank had freezed our CC limit on the very day of the intimation. We had still not been advised anything from the bank and our accounts are still in freezed condition. Kindly advise legal formalities to be complied with by us in view of the above and oblige.
Sub.: Regarding Blocking of Our Cash Credit Account.
Sir, we are stunned to note that you have blocked our above referred Cash Credit Account without any prior notice to us. Without pre-intimation and without giving us an opportunity of being heard your unilateral action is against the natural justice. Sir, in spite of our written intimation to the bank on 13.12.2013 that after expiry of proprietor her elder grandson has taken over charge as new proprietor. We have also requested the bank to get all consequential formalities complied with from us. But bank has not intimated us for any formality to be complied with from us till the date. We painfully once again request the bank to release any restriction on our Cash Credit Account with immediate effect because it has created deadlock to our business. Sir we are enclosing here with copies of the intimations given regarding change of proprietor to various departments. Along with these input you are requested once again to release the account to avoid damages being caused to our business by your action or we request your good self to let us know under what regulation or provision of the Banking Act our account has been blocked. Your arbitrary action has caused serious damages to our good will and business as well which is even beyond our calculation.
Sir we were expecting co-operation from you at this crucial juncture, but your contemptuous action has caused us long lasting injuries to our business and it has prevented us to make our essential payments like tax payments etc.
We still urge bank to extend its helping hand in this crucial juncture of time being faced by us by releasing our CC A/c & oblige.
we wish to state again that branch has instructed us to execute all documents afresh which is not convincing to us due to following reasons.
1. All documents as per the law where executed before two days of the death of the proprietor.
2. Legal heir took over the charge of business from the same day on which the proprietor expired;
3. Consequential intimation for change of proprietor was communicated to all concern departments and receipted copies the same was deliver to the bank also.
4. The legal heir was appointed proprietor of the business as per the WILL of the deceased.
5. The copy of the WILL was also handed over to the bank.
6. legal opinion taken by the bank is based upon wrong notion and facts which are contradictory to the WILL;
7. opinion of the advocate is not discussing the provision and reasons as to high all documents executed to by us should be cancelled and new documents are to be executed afresh;
8. We expect that there should be some linking legal documents to be executed in this regard because lender, borrower, business and name of business is same except the proprietor wish to his legal heir of the deceased.
9. In view of above we seek perfect legal opinion form the legal department of the bank or from your set up in this regard in writing which will decide our course of action based upon that advice.
In this situation we once again entreat your office to give us your detailed advice in this regard referring back this matter to the branch is not going to serve the purpose of this email due to the reason as stated above.
svdrja
24 January 2014 at 17:28
I and my father made a family settlement in the year 2006. My father made many oral promises. But I was cheated. Can I cancel the family settlement. that document itself purchased by by father name itself.
balu
24 January 2014 at 17:15
sir,
i have resigned my job because of the sickness of the unit in last year march 2013. because of the financial position they still not settle my pf, salary, gratuity, bonus extra. already i have file a case against them in labor court in the last month. now i came to know he planned to sell all the assets shortly. if they wind up the unit, i am not able to get the amount. can i have rights to file a suit for stay against the sale proceeds in roc and court because it is a pvt ltd co.
Samar Gaikwad
24 January 2014 at 16:58
Dear Experts,
My maternal grandmother will receives plots on her father's land acquired by CIDCO. Now she wants to make will in the name of her daughter ( my mother) . But my grandmother has also son who also wants his share. Can my grandmother can make will in the name of my mother or not for the plots allotted by CIDCO or not? and after making will is her son can succeed to get his share in property
thanks & regards
Samar
Account
24 January 2014 at 15:46
Hi all,
Please give me advise on below mentioned query;
My friend got married in 2012. After one month of her marriage her sis-in-law got divorsed and came back with her 5 years old child. My friends mom in law took new house for her but she keep comming to my frinds house on all the days since morning to nite due to which my friend and her husband had quarrals. My friend left matrimonial house 2 times in year and came back again asking for apologies to husband.
But now the 3rd time my friend left the house after completing year and wants to go back to matrimonial house and she will ensure that this will not happen again.
But now her husband wants divorse. he do not left any faith on her and he is saying that mentality does not match.Now he is not rady to take her back and sine 6 months she is staying with her father.All the means she tried to convinence her husband.
Also her husband is selling the flat without consulting with her. Flat is on her mom in laws name. My friend wants to go back please advise some options.
Y Singh N Rajput
24 January 2014 at 15:43
My younger son wanted to buy some immovable property in India in his name. He, at the time of sell/purchase was in UK. He drew a power of attorney deed duly signed my Attorney in UK, in favour of his elder brother who was in India. The POA was not registered in UK but in India.
Is it mandatory in Gujarat to have registered POA? In other words, whether his elder brother can buy immovable property for younger brother under registered POA that was drawn in UK?
hithen
24 January 2014 at 15:37
Dear Experts,
Kindly request for your advice,this is with regards land at native place brought by my mother grandfather,which is still undivided.
Sat Bara holds has name of all the grandchildren including my mama and maushi and cousin.
They have call for meeting and will make notes of all the minutes and take signature from all the members.
There are some points where my mother and my mama don't agree with rest of them.
If this disagreement is put up in court against my mother if there is no conclusion.
1)will the minutes will be used against my mother.
2)Other members will be used any of the arguments or statement said in this meeting against my mother.
What is the validity for such minutes.
How do I safe guard my mother from this.
with regards,
Hithen Ghharat
Sameer Tawade
24 January 2014 at 14:51
Dear Team,
I have purchase a flat in April 2010,in Thane , Maharastra.Agreement was registered after 80 percent payment was made by bank cheque.
flat was handed over to me in June 2010,
required documents for society share transfer was signed and submitted by previous owner to society ( original share certificate was not handed over)
society approved my me as new member and asked to submit the original share certificate.
since june 2010 i have been making payment for society maintenance (society receipt and bills are under my name ) and have attended society meetings and AGM.
balance 20 percent payment was made by cheques in November 2012( as per our mutual understanding)
the total payment as per the registered agreement is paid completely.
now the previous owner refuses to give me original share certificate and payment receipt ( he is asking for extra money , which was never agreed)
can i apply for duplicate certificate with the society
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