Nithiselvan
18 June 2015 at 16:43
Last year May 1st 2014 i had shifted to a new house for lease. At initial talk to house owner , he said, lease is for 2 years but as per law, agreement will be made for 11 months and it will renewed after expiry. Amount paid as lease is 1,80,000. Before completing the first year, house owner asked us to vacate the house. i had argued him that why he said lease is for 2 years and now asking to vacate. he said he want the house for his personal purpose. Finally i decided and told him that house lease is completing on April 2015 and need 2 months further time to vacate therefore May 2015 and June 2015. Same he accepted. I had find a new house and informed current house owner that I am vacating the house by May 15 so please be prepare with the lease amount settlement. But he said, he don’t have money at the time of house vacating and he committed to give 60000 rs as advance settlement on May 27th 2015. I had dropped house search since the current house owner is not having money. As said he had given 60000 rs on May 27th 2015 and said he will give balance 1,20,000 on June 15th 2015. And I had asked to vacate the house within 2 days after final settlement on June 15th. I had not accepted his statement and told that I will vacate the house between June 15th and July 15th 2015. Once he had given the 60,000 rs I find another house for rent and given he advance amount on June 1st 2015 and I have to pay rent for that house for June month for new house. Now on June 16th current house owner says he doesn’t have money right now and asks us to continue for further 3 months or he will arrange for another tenant and give the balance money 1,20,000 from him to us. Still he is not committing the date of settlement. I had explained my situation that I had booked new house and to pay rent for that house for June 15 itself and I couldn’t vacate the house with out full settlement. I had said him that as I committed I will vacate the house on June 18th and I will handover the keys and document to police station with complaint. For that, he threatening me with fighting attitude. Using words like beating, punching etc etc. This is my situation. How to handle this without loss please guide me.
I had asked him question, why you ask us to vacate the house if you doesn’t have money to settle. He simply says that time I had money now don’t have money.
my query is lease agreement period over by April 2015. now i am ready to vacate the house and arranged another for rent and paying to that. but current house owner refuses to give money and says he will give it on his own time. what to do
J B Goel
18 June 2015 at 15:53
I want to gift USD 20,000/ to my son-in-law, who is NRI. Is it compulsory to submit form 15CB from C.A. Any other require in this regard be please advise quoting RBI instructions, so that I can satisfy my Bank.
J B Goel
ankit
18 June 2015 at 15:51
sir mere grand father ke brother ne hamari land par mere grand father ke sigh karwa kar le li hai.un papers me likha hai ki mere grandfather ke koi bacha nahi hai aur jo land hai wo kharab hai aur 80 year tak humko jamin se kuch b nahi diya. sir plz humko kuch help kare jisse hum court me case kar sake
thank u sir
Gurdip
18 June 2015 at 14:57
Hello,
We planned to sell a property in Delhi and took a bayana of Rs 1 Lacs and signed on a receipt and did not sign any bayana agreement.
Now we have decided to not sell for sometime, what are our options? Can the owner or the property dealer take any legal step?
Thanks,
Regards,
Gurdip
saravanakumar
18 June 2015 at 14:37
Dear Experts,
I would like to submit a civil dispute case before you for the advice from you to save the client (plaintiff).
1. The disputed property is ancestor property. It has two legal heirs as brother and sister. Male heir was passed and he has three sons. The three sons and his aunty (own sister of his father) had jointly borrowed the mortgage loan from co – operative society bank. Hence, the aunty was default to repay the share of his loan amount.
2. So, the three sons decided to close the mortgage loan from bank and sale the property. Now, the defendants (three sons) approached to my client (plaintiff) to purchase the entire property. My client gave the money for defendants to close the mortgage loan. As per deal, the three defendants and his aunty closed the mortgage loan from bank and executed the registered sale agreement deed for entire property by three defendants except his aunty to my client on 21.07.2005.
3. My client requested to execute the sale deed from defendants but they deliberately refused. In this, my client filed the Specific Performance Suit on court, mean time my client and defendant compromised and received balance consideration by the defendants. The court had passed the decree in favour of my client on 18-08-2009. Court had given two months time to defendants for executed sale deed in favour of my client.
4. However, the case had been pending, the aunty (sister of defendant father) 3 legal heirs sold the half of property on 9.7.2008 to female third party and deliberately hided the court decree and sale agreement for the property to third parties (third parties are husband and wife and relations to all the defendants). And another half of the property was sold on 03.09.2009 by three defendants same as above way to male third party intend to cheat my client.
5. E.P filed by us. Defendants made fake memo for compromise and used fake sign as my client signature and submitted it on court. But the court was not recorded that memo.
In this situation, the third parties now filed the petition under section 47 CPC. I humbly request you to clarify the following questions.
1. Is 47 CPC is maintainable in this circumstance or not?
2. defendant parties suit filing time had already expired, hence the 47 CPC can allow or not.
3. Is there any possibility to execute the sale deed as per court order to my client? If yes, kindly explain.
4. Requests - Citation regard this.
Thanks with,
SARAVANAKUMAR.S
Chanchal Kumar Yadav
18 June 2015 at 12:38
Hi,
My Grandfather purchased some land in 1971 but there was no formal paper work done.He divided the portion in three parts and gave 1 to his elder son and 1 to his second son. In the third portion he was living himself. Since at the time of dividing the youngest son was unmarried so he kept my youngest uncle with himself. There was no formal paper work dividing the land among the three sons. After the death of both my Grandparents, my youngest uncle sold the portion of land in which he was living to someone in village without consulting his brothers. My question is,
1) Since both the seller of land and the buyer of land (my grandfather) are dead, and no paper work was done at the time of sale, who is the owner of land?
2) Is it not mandatory on my uncle's part to ask his brothers first, if they are intersted in buying the land before selling it to third party?
3) What are the options with his brothers to get the land back as for us it is ancestral house and we do not want it to be sold to someone else?
suresh bhogle
18 June 2015 at 10:51
Hello members,
As per news cheque bouncing ordinance passed. President okayed it. can we now file case at a place where cheque was presented say tomorrow. Or how much time will take to actually enable the litigants to avail of the benefit of the Ordinance?
Thank you very much
Dharmendra More
17 June 2015 at 14:44
Dear Experts,
I need a opinion about our ancestors property in maharashtra village. The said property was jointly own by my grandfather and his two brothers. My father and my uncle (father's brother)were busy in working mumbai and used to seldom go to village where my father's uncles have been staying for years. My grandfather and his two brothers died long back around 30 to 40 years back. After that my fathers cousins were staying in village and looking after our property. Now my father too is no more in this world but my uncle(father's brother) is alive but paralytic. My father's cousins secretely removed my father and my uncles name from the property card and transferred all the rights to their name in hand in glove with talati.
In such how i should reclaim my property rights. What procedure i should follow.
Regards,
Parveen Mittal
16 June 2015 at 16:33
Dear sir,
My enquiry is that Trust can be unregd as per income tax law.What will be trust deed.
Unregd. Trust can file return nill if trust's income from intt. on Rd
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Sarfaesi act applicability for unsecured advances
Dear Sir,
One borrower has availed one Housing Loan and repyaing regularly with NIL overdue.
The same borrower has also availed one Personal Loan and defaulted in repayment which resulated in huge overdue.
Since both accounts are in same cust-id, both accounts are marked NPA.
My query is, whether we may initiate SARFAESI action against the borrower.
If Yes, then whether we may include the outstanding dues of Personal Loan in the demand notice.
Please guide!!