LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RamPrasad   05 January 2019 at 19:45

Mortgage on EC

Hi Sir.. I have a doubt on mortgage mentioned in Encumbrance certificate. Seller is not having NOC regarding to mortgage ,but EC is saying it has been released. In this case shall I go head or any issues in future ? Please suggest ..!

Anonymous   05 January 2019 at 18:30

Restitution of conjugal rights case

Can Petitioner or Applicant convert his case
of Sec. 9 filed under Hindu Marriage Act into Sec. 13B of Hindu Marriage Act
in District Court for mutual consent divorce after making an application under Or. 6 R. 17 of CPC
What remedy?

Anonymous   05 January 2019 at 15:06

Law of limitation

What the applicability of Law Of Limitation for loans taken from private individuals ? Is this law also applicable on private loans ?

Anonymous   05 January 2019 at 13:37

Benifits of compulsory retirement under ccs(cca) rules - reg

Dear Sir/Madam,
My query is that Penalty of Compulsory Retirement as envisaged in Rule 11(vii) of the CCS(CCA) Rules, 1965. What are the benefits from my Department can i get? Kindly give me valuable advise from experts.

J. Srinivas
8686234571
National Informatics Center,
Govt. of India,
Hyderabad.TS.

Anonymous   05 January 2019 at 13:33

Purchase of Tribal land

Hi,

I belongs to tribal community (ST), i am planning to buy land from adivasi familly in Dhanu. What document should i check before buy? What would be procedure to buye the land? Can i get land loan to buy the land?

Thank you.

Anonymous   05 January 2019 at 11:56

Fake property transaction documents

My grandfathers property was left behind without a "will" after my grandfather's death. This property is supposed to be divided among my father and his brothers with whom we dont have a great trust relationship. We eventually found a buyers who agreed to pay each of our individual shares separately. As per the agreement on paper - buyer agreed to pay 25 Lakhs each immediately and within a span of 6 months - pay the remaining share of each person. As per agreement, if the buyers failed to pay the amount within 6 months - the sale agreements remains nullified - which means my father and his brothers can sell the property to anybody else and will not be returning any money back to the buyers, which he paid us as the first installment. As per the Sale agreement - incase the buyer failed to pay us the entire agreed amount within 6 months and is still interested in buying the property - he will have to pay us all the interest on the remaining 2nd installment for the delayed duration which will be a huge amount.The buyer failed to pay us the entire remaining Sale Amount within six months.

In between the end first year and the 3rd year the buyer pestered us to returned back the 25 lakhs he paid each of us+ the interest incurred for the time till date - since he did not want to buy the property any more. We denied to pay him back any penny as per our agreement. His actual intensions are absolutely to buy the property, however he is playing around and trying to delay the payment time, while we are incurring huge loss on the interest. So the buyer failed a case on my father that we(only my father not his brothers) have received the entire remaining amount of our share. The buyer filed the case on my father and not on my uncles since, it was easy for the buyer to forge my father's signature & create fake documents. We received a court notice stating the same.

What I would like know?
1. What should we be doing next? - should we also a file a case on the buyer for filing a fake case or no act on the court notice?
2. What happens if we do not act on the court notice?
3. I also heard that people file these fake cases - just so that buyer can keep delaying the buying process and eventually buy it at the same agreed price?
4. Incase we file a case on him in response to the court notice- what will we be asked in the court? Settlement outside the court does not seem a possibility since he wants us to repay the 25 lakhs each of us paid + the interest on that amount for these many years.
5. I am thinking though he has filed a case stating that my father has received the full and final settlement - I am thinking the court will certainly ask on how was the transaction done. I think a transaction worth lakhs can only be done in cheque? We do have a bounced cheque from the buyer.
6. My father is not in great health at the moment. Between all this issues it is possible and safe for me or my mother to take the power of attorney? Will there be any question around this in the court?
7. My uncles are considering hiring two lawyers - one criminal lawyer to handle the fake case on my father having accepted the remaining balance amount of our share, and another lawyers to file case on the buyer - since he has not paid the remaining 2 installment to any of us. Does this sound reasonable?

I am really hoping to hear reviews/ opinions/ suggestions from experts here. Thank you much for your time.

FAISAL QAYOOM   05 January 2019 at 10:52

RBA CERTIFICATE

What is need of family annual income in 2019 for preparing RBA CERTIFICATE??

Anonymous   05 January 2019 at 09:39

Bank had not given possission to auctioneer the house

An practiting advocte's wife permission given to bank to put auction her property which loan taken against it and bank was put that assesset in aution after completion of the auction while handover to auctioneer the ld pleader put objection his wiese unsoundl mind she put signature and given permission to bank, hence it misuse of power and he is not vacate the house give advise in this point of view

Anonymous   05 January 2019 at 02:08

Personal guarantee

I have given personal guarantee for a loan Taken by my cousin.For this loan he has given a few of his properties as collateral and I also have given a property as collateral.My question is am I free to deal with my other properties which are not secured to the bank?If yes then till when can I deal with those properties?Can I gift or sell those properties if the account becomes NPA also without attracting the provisions of fraudulent conveyance?

sengodan sundaram   04 January 2019 at 22:11

Land classification for rural road development

Dear Team
We have been requesting for a Rural Road Development/Formation (from MUD Road to Thar Road) in our village to concern (BDO, Collector & Rural Development Director) authorities almost more than 15 years. Every time we are getting standard answer as “This will be taken up in next financial year once the fund is allotted”. But there is action taken so far for developing the road.
This MUD road is used by the public more than hundred years as a pathway to connect main road and hamlets.
Existing Road Details:- (Village - Thathathiripuram, District - Namakkal, State - Tamilnadu)
Length of the Road is 2.1 KM (1.1 KM is Poramboke land and 1.0 KM is of Patta Land – but marked as “Nilaviyal Pathai)
Type of Road – MUD
We understand that (offline feedback from the authorities), reason for not taking up the road is due to the below reasons:-
1. Around 1 KM length is in Patta land in the entire stretch of the 2.1 KM Road length
2. There is no uniform width for entire length of the road (Min width is 13 Feet and Max width is 24 Feet)
3. Contractor may not be ready to take tender thinking that few land owners may object.
It may be noted that, entire road area/length are separately having sub-divisioned survey numbers from the adjacent land survey numbers and marked as “Nilaviyal Pathai” (Cart Track) in A-Register of Revenue Records as well as Government Land.
But still some sub-divisioned survey numbers are mapped to the adjacent land owner’s Patta entry (But marked as Nilaviyal Pathai (Cart Track) in A-Register of Revenue Records), some sub-divisioned survey number are mapped as Poramboke (Government land).
Please clarify, if any sub-division survey numbers meant for road marking having Patta entry but marked as “Nilaviyal Pathai (Cart Track) in A-Register of Revenue Record is a Government Land or Private Land.

If "Nilaviyal Pathai" is a Government Land then how to proceed to correct the revenue records as "Pramboke-Government Land" and whom to be approached, it may be a genuine reason due to which authorities are resistant to take up the road development/formation from MUD Road to Thar Road.

Please suggest and advice your views.

Thanks & Regards - Sundaram S