pushpakrishna
20 November 2013 at 17:31
Dear experts,
I have to file a divorce petition of mutual consent by the both parties on behalf of the both.whether i have to file as
xyd .....petitioner
Vs
ABC .....Respondent OR
XYD and Another .....Petitioners
kindly clarify with fulldetailes
The both are decided to have divorce by the Hon'ble Court as there is no possibility of reconciliation or re-union though many efforts made by the both sides.
Sadashiva
20 November 2013 at 17:00
Hi,
1.I am buying a site in bangalore of size 30x40.
2.This site i am purchasing from individual, who had brought the same from private developer
3.This has been DC converted and has been approved by local planning authority.
4.I have got EC, katha and latest tax paid receipt, and i got latest RTC
5.He has not given the mutation extract for the land, in which his site is located
My question is "Is it mandatory to get the mutation extract " since it has been DC converted already
Thanks,
Sadashiva
swathy
20 November 2013 at 16:59
I am a doctor by profession aged 26 years.I got married in May 2012 to an IT professional.Since marriage he has been harassing me after getting drunk and violently abusing me verbally even during my pregnancy period.I was not allowed to work or visit my mothers house. Even for delivery he did not send me home in this same city.After my delivery he started ill treating my new born baby by shouting at her. After one month I argued and came home. Again after 2 months i went to my husbands house. For one week he was all right but afterwards he left me in my mothers house while going on official tour.Then after 3 days he came fully drunk and shouted at me and the baby in my mothers house. After 2 days he came again and shouted in filthy language and threatend divorce and told he does not want me or the child. He threatenened that I should not enter his house again. I was not given any financial support for me or my child after my delivery for the childs maintenance.He has come so many times before drunk and shouted at my mother and abused her verbally. Now his main demand is that my mother should give money to him for buying a flat of one crore. His parents also come from kerala every month for 20 days and support his drinking and illtreating me. He even told me that I have to prove that the baby is his own. I became pregnant one month after marriage. I was working before marriage in a hospital in bangalore. I dont want to go for divorce since my baby is 6 months old and I am giving him time to change his ways. by going for de addiction and by stopping violent behaviour & abuse after drinking alcohol. He is a alcoholic and will coontinuously drink for 3 days. Now my problem is that I have got an offer for higher studies from Germany with stipend to maintain myself and baby.I applied for a passport for my baby.I got my passport reissued since the earlier one was issued when i was 14 years old. I got my spouse name added in the passport with marriage certificate. As per the passport guide lines I have to produce Annexure G as single parent applying for passport for minor child.I submitted Annexure G & Annexure C as per Passport office direction.In annexure C I have given affidavit as deserted by my husband as that is the fact. He is not contacting me since 7 months nor supporting me financially.He was disappointed since it was a girl child and also when after delivery doctor told that the baby is having some heart problem. I am not having any income to go for legal case against my husband nor I am having any intention to go for divorce. My main problem is now to support my baby and myself after getting a good job by going for higher education. I dont want to depend on my parents for my expenses. I have submitted Annexure G thrice to the passport office signed by judicial magistrate after convincing him about the facts of my case.The passport office people asked me to submit the same after giving the reasons for not getting the consent of my husband in Annexure H form for issue of passport to our minor child. I gave reasons as my husband is not giving consent because he does not want me to go for higher studies and that he is nor supporting me fiancially after some difference of opinion and i have to support my baby and since I have an offer for residency from germany with stipend being paid to me I need my passport for my baby since the baby is small and feeding baby and I cant leave her behind.I need money to support my expenses and for the babys medical expenses. The third Affidavit in Annexure G was not accepted by passport people saying that it is not valid reason. They have not kept this in file and returned to me saying that my husband has to come and sign in passport office. How can I get my abusive husband to sign papers for me. If he comes to know that I am studying and working he will kill me and the baby. He has income of about 2.5 lakhs per month but he will not give anything. Is there no way that I can get my passport for the baby. This was my last chance to support my baby but that is also gone. I was not allowed to see RPO In bangalore by the office people. I wanted to put my grievances before him. Laws are to make problem for genuine suffering people like me or to save them I doubt. Just because my husband is a bad man I have every right to bring up my baby with a decent income.This is kind of punishment to me and the baby that we cant live in India. Even if your husband is abusive you have to tolerate him for society sake and social stigma sake. What mistake have I done. Is not my fundamental right to study and become financially independent with a respectable livelyhood. why only the woman should suffer. The passport people are telling that I am not divorced or legally separated so they cant give passport to my baby. Are they forcing me to take divorce. Another point they have pointed out is that I have mentioned my husband's name in marriage certificate and birth certificate of my baby. My baby is not a illgitimate baby then why I shouldnot mention her Fathers name? I need legal advice as to what I should do. It is only 10 days since i have got denial from passport office. They have not given me any thing in writing refusing passport for my baby. Somebody please help me. I dont know any legal points. I read one case of Delhi High court where somewhat similar case was dealt. This is the question of my life and my babys existence. I am in a miserable position. If i get a job in india it wont be enough with my qualification for the expenses of both of us since doctors are paid poorly hardly 15000. Do guide me please.
A grieved mother
Arvind
20 November 2013 at 16:58
Sir, I am working in education institute as a security guard. The institute comes under ‘Autonomous Institute under the DIPP’ Ministry of Commerce & Industry, Govt of India. Now days we are facing a problem that to who is authorize for our salute, (A) Director of the institute (B)Head of Security Department(C)Security Coordinator (not security officer) (D)Center Heard of Campus (E)Asst. Administrative officer (F)Administrative officer (G)Secretary & Head General Administration.
Nirav Mehta
20 November 2013 at 16:52
Dear Sir, I purchased a property from a builder and a Agreement of Sale (not registered) was executed. The same was done two and half years ago. I have paid 95% of the sale consideration to the builder. I now wish to sell the property for the same price which I had purchased (Due to some urgent requirement of funds). How to go ahead with the transaction and show the same in my books of accounts? The Sale Deed between the Builder and me is not yet executed the property is not yet registered on my name. Can I get the registration done on the name of the purchaser of my property? Please suggest the tax implications for me ?
rajendra
20 November 2013 at 16:38
Sar hamne agriculchar land kharidhi thi jiski issar pavti 7500 ke stamp pe ki thi.usme likha tha ki humne use 100000 rupee diye hai or 85000 hajar rupee 31 may tak dene the.hamne use rupee to de diye par hamre pass koi pruf nahi hai.sirf uske hand writting ka likha hua diry me hai. Mere vakil ne hume bataya ki issar pavti 3 tak chalti hai. Ha agar o insan hamse or 85000 hajar mangta hai ya stamp manager mangta hai to hum de denge.plese give me suggestion.
Siva
20 November 2013 at 14:51
Dear Experts,
A Borrower borrows an amount of Rs.10 Lacs from a Bank by mortgaging a property of his Guarantor in the yr. 2007. The Borrower repays the loan amount correctly till 2011; then after, he became Defaulter and the account becomes NPA. Later, the Borrower updates his account and paid Rs.10 Lacs till 2012 and requested the then Manager of that Bank for the OTS (One-Time Settlement) and rescheduling of the Loan. That Manager promised him to get the approval for the same from his higher-ups.
The innocent borrower trusted his speech and waited for his consent. The Borrower has sent many reminders via RPADs, e-mails and Phone Calls to the Bank's Chief Manager. But, he didn't heed or responded to any do that and simply says that he (the Bank Manager) would get back to him (Borrower), shortly. Simply, the Manager dragged this matter and later, he got transferred to some other place. This ‘delay of action’ and ‘breach of Promise’ of the Manager makes the innocent Borrower to wait for a long period and proportionally, it piled up the interest amount of the loan a/c, as well. So, who will be liable for this? Without knowing this, the Borrower called up the Manager's no. but the other guy picked up and told that he is appointed as the new Chief Manager…!
Then, the borrower narrated the whole story again and said that he's ready for OTS. The new Manager says that he'll listen to him and will do the needful. Also, the Borrower sent couple of e-mails as reminder and followed him on the phone as well. But to the surprise, the new Manager has initiated the process of Physical possession and served the notice to the Borrower and the Guarantor u/s 13(4) of SARFAESI Act. The shocked Borrower asked the Manager... why he has done so? For that, the Manager replied that he had already served the Notice of Symbolic Possession u/s 13(2) of SARFAESI and called upon the Borrower / Guarantor to close the loan a/c within 60 days. Since they failed to regularize he said that he has initiated the physical possession of the Guarantor's property.
But, the Symbolic Possession notice has not been served to the Borrower / Guarantor since the Banker has mentioned an incorrect / wrong address. However, the Borrower has paid around Rs. 13 Lacs (Rupees Thirteen Lakhs) up-to-date. So far, the Borrower had paid the Principal amount of Rs. 10 Lacs as well as the Interest amount Rs. 3 Lacs. But, the Banker says that they are not satisfying with this amount and threatening the Borrower to pay the entire amount immediately to avoid the Auction / Sale of the said mortgage property.
Above all, now, they locked up the Guarantor's property and taken physical possession when the Guarantor had gone out of station and forcibly vacating the tenants. The Guarantor is a very honest, retired Govt. Officer. Now, the Banker creates defamation to the Guarantor with their rude approach. The Guarantor asked the Bank Manager that how the Bank initiated the physical possession for a minimum amount due and too without the Order of Court / District Magistrate (DM) / CMM? Moreover, the Baker has appointed a private security to the possession property. Is this kind of possession legal or illegal because, sometimes, the Banker initiates the possession falsely?
Can the Guarantor and/or the Borrower approach the DRT or CIVIL court or Lok Adalat or any other appropriate legal forum to challenge the Banker against his possession actions since they are very genuine and honest and intend to pay-off the outstanding dues but the Banker creates defamation to them unwarrantedly?
Need some clarifications on the following queries. So, pls help out them by giving your valuable comments:
(1) I believe that the Banks and Financial Institutions are required to file their claims in DRT / DRATs in respect of alleged Debts above Rs.10 Lacs. And even if, the Debt is less than Rs. 10 Lacs, are they able to approach the DRT? Are DRTs accepting their pleas?
(2) Suppose, if their pleas were rejected, what will they do to recover the dues from the Borrowers / Guarantors? And, what they would do with SARFAESI ACT (for debt lesser than Rs.10 Lacs)?!
(3) Similarly, are the Banks & FIs (Secured Creditors) able to initiate the Physical Possession of the Guarantor's Property u/s 13(4) of SARFAESI ACT, 2002, against an outstanding loan amount of the Borrower is very meager, say Rs. 3 Lacs only, and whereas the worth / current market value of the mortgaged property is about Rs. 1 CRORE?!
(4) Can the Borrower or the Guarantor approach the “DRT” and file an appeal (Securitization Application) against the Bank or Recovery Officer u/s 17 of SARFAESI Act (even if the Debt is less than 10 Lacs) ? Is there any time-frame to file the suit? What will be the Fee for SA for amount less than Rs.10 Lacs?
(5) Else, the Borrower or Guarantor can approach the “CIVIL Court” rather than DRT since the Debt is less than 10 Lacs?
(6) I came to know that once the account becomes NPA, then the interest will not be applied and/or levied. But, the Bank has levied some PENAL / ACCRUED INTEREST of Rs. 3 Lacs (apart from outstanding loan amount of 3 Lacs) plus some legal charges for the NPA ACCOUNT, which is exaggerated and exorbitant, and harass the Borrower / Guarantor to repay the dues(Rupees Six Lacs Only) in full, immediately. Is there any way out to waive-off the exorbitant ACCRUED INTEREST, at least?
(7) Irrespective of the debt, Whether DM / CMM order is mandatory to take Physical Possession of the mortgaged property?!
What will be your advise & recommendations to the Borrower as well as the Guarantor, in this case, and how to deal further?
Summary: Borrower borrows Rs.10 Lacs as Mortgaged Loan from the Bank and repaid Rs.13 Lacs (Principal plus Interest) till date to the Secured Creditor. The Outstanding Loan Amt. is less than Rs.3 Lacs but the Accrued Interest of the NPA a/c is 3 Lacs. So, the total dues mentioned as Rs.6 Lacs by the Banker and initiated physical possession of the mortgaged property of the Guarantor under SARFAESI Act.
Furthermore, a year ago, the Banker has sent to the Symbolic Possession u/s 13(2) to the Borrower / Guarantor and the parties gave representation u/s 13(3A) to the Bank by raising some mistakes done by the Lender. Further, the Banker has sent Physical possession notice u/s 13(4) and at that time, the Parties paid a fair amount (almost the principal amount of the loan) and make the notices “NULL & VOID”. Later, they asked for the OTS & tenure extension. The then Manager of the Bank agreed to do so but there is no proper response for about a year and, the parties were in faith of getting OTS. But, without serving notices properly to the parties, the Banker has now taken Physical Possession, saying that they had sent notices afresh and the parties didn’t act upon to that.
But this time, the Symbolic Possession notice u/s 13(2) has not been served to the Borrower / Guarantor properly since the Banker has mentioned an “incorrect / wrong correspondence addresses”. Also, they are saying that they had sent to the mortgaged property address where only the tenants are living in that mortgaged property but the Borrower / Guarantor lives in some other address and they already given that living address as correspondence address but the Banker didn’t sent the Notice to the correspondence address which makes the Borrower / Guarantor non-receipt of the Symbolic Possession Notice. So, the Borrower / Guarantor unable to give objection to that notice u/s 13(3A). This shows that the Banker didn’t give time to the Borrower & Guarantor to give their representation, and tactfully, cunningly invoked the Physical Possession u/s 13(4) in the intension of selling the property. Now, the Banker locked up the Guarantor's property when the Guarantor had gone out of station and also forcibly vacating the tenants? If asked the tenants about the notice, they are saying that they were not aware of those notices and the postman didn’t tell anything about the notices. I believe it is not the tenant’s or postman’s job to notify the party as they may not aware the subject but it is the Ban
ker’s duty to serve proper notices. My view is that both the recent notices were NULL & VOID. Isn’t it? But, how come the Banker has taken the PHYSICAL POSSESSION? Can the Parties sue the Banker and give police complaint against Banker for trespassing the Mortgaged Property? Whether the Parties to approach the DRT or CIVIL Court in this matter? What is your suggestion and how to deal with this matter, further?!
What will be the remedy for this matter? Pls advise. Also, kindly answer for the above said Queries.
Thanks a lot…!
Tipsy
20 November 2013 at 14:26
Many of Demat Accounts do not have any shares and many Physical shares are lying with us in his name which has Not much values also though we have paid for it.
Now I need your views for following :-
After the death of a person
(1) Should we close all Demat Accounts with the 1st. Holder Name (?)
(2) Should we Delete the name of where he was joint Holder in all Demat Accounts (?)
(3) Should we close all Bank's Savings Accounts with the 1st. Holder (?)
(4) Should we close all Bank's Accounts of all Banks where he was partner
(5) Surrender of PAN Card and close all PAN related accounts where he is connected
either Directly and/or indirectly.
(6) Should we surrender Passport, Driving Licence
Annu
20 November 2013 at 13:23
1.how to register Arya samaj marriage?
2.need for marriage registration after Arya samaj certificate?
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Live in relationship permission for an ais officer
Being an AIS officer, I had been married for 20 yrs but after that due to extra marital flings of my wife, I filed a DV petition in 2004 n fought it with full intensity in my place of Cadre n den in Delhi too for almost 9yrs. But Thx to the Indian Family Courts, my DV petition couldn't even cross the 20% of the Prosecution. Completely fed up with this mess which was taking a toll of my High profile job, I absented myself which led to dismissal of my DV Petition. I had been paying regular IM to my spouse till the dismissal but since then , no IM is being paid since she didn't move any Appl. I had already proved in the Family Court, Delhi with Doc evidence that all my savings of 20 years were already on her& kids name . She is a lady worth 1 Cr n Court taking a cognizance of this did pass an observation that " she hasn't come to court with clean hands"!!!!!
Out of court settlement was also tried for almost 2 yrs but despite of me agreeing on the demanded amt , she deliberately withdrew. She neither wants to give me divorce nor wants me to settle down in life. Our two sons are adults n financially well settled.
AIS Conduct Rules , 1968 don't permit a 2nd marriage so whether under these circumstances, any Live in relationship would lead to MisConduct as per AIS Rules as well as any Family Law of the Land???
Pl advice.