Anonymous
12 June 2010 at 00:05
Dear Sir
This is siva, I am seeking ur good suggestions from the below said facts and case details as follows:
I have 2 sisters and 2 brothers. I was borrowed the loan from Nationalised bank with a quantum of Rs.15,00,000/ as Cash credit limit and Rs.5,00,000/- as bank guarantee on 2000. So far my mother stood as a guarantor for the above said entire loan amount and offered her self acquired property as a collateral security and we created equitable mortgage on 2000.
Due to some unforeseen circumstances I was lost my business and outstanding amount. On October 2002 the bank has declared my account as NPA for Rs.22,23,000/- and issued notice under section 13(2) and got acknowledgement from both of us.(me and my mother) and they took symbolic possession of the above said property, following to these proceedings they put the property for public auction on 2004 for Rs.6.00 Lacs only
But no one has come forward to buy ours property through public auction. So the action called off, also the bank continued he sale proceedings after two years on 2006 for Rs.6.40 lacs, that time also no came forward to buy in that auction.
During the course of proceedings by the bank we our family members doesn’t take any legal action or legal steps to prevent the property. Because that property is not much worth when compare to loan amount.
On 17/07/2007 my mother was died due to sudden cardiac arrest, also we never intimated to the bank regarding my mother’s death.
On 03/08/2008 the bank issued a paper publication and brought ours property in a public auction and which was sold in a public auction on 04/09/2008 and they registered a property in the name of auction purchaser on 23/09/2008 for Rs.7,61,000/-. The same notice has been sent by the bank to me and my mothers name through registered post. We deferred to receive such notices almost in all times, so we deferred to receive the notice and we said the reason that we have shifted from that address to some other address.
On 18/09/2008 one of my brothers was filed a partition suit in the civil court and prayed for stay that not to create any charge or encumbrance against our property by the bank, but it was no use. The court issued notice to the bank, so the partition suit is still pending with civil court.
Also our my father put 7 tenants in that premises which was already sold by the bank in a public auction, the tenants were much effective and kept the possession safe and secure away from the auction purchaser. Because now the property worth will be around 25 lacs.
After a very long struggle, the auction purchaser approached High Court and finally got direction to the magistrate to take the possession immediately. So the advocate commissioner took the possession of the property with the help of police on 18th May 2010 and handedover the property to the bank, also the bank handed over the property to the auction purchaser on the same day. After received the actual possession he demolished the houses on the same day itself.
On 25/05/2010 we meet a advocate counsel; he advised us to approach DRT to grand stay the proceedings and said we have only 10 percent chance to succeed in this case. He advised to file a petition under section 17 by our family members (father, 1 brother and 2 sister) as a petitioner against 1.me(siva), 2. Bank 3. Auction purchaser as defenders and filed a condone delay petition for 575 days and prayed to grant stay along with a brief petition, that we are the legal heirs of deceased guarantor and we didn’t have knowledge and didn’t receive any notice before the sale proceedings about the bank sale and they prayed for set-aside the sale by the bank and restore the actual possession of the property. But the DRT has deferred to grant a stay and directed the bank to maintain status cuo possession of the property on 26th May 2010 and issues showcase notice to the Bank and auction purchaser to file any objection on 15th June 2010 to allow the petition filed by us. For these fillings, he has charges Rs.25,000/-.
Now, the counsel is asking another 10000/- to proceed further steps on 08th June 2010.
My question:
1)From the above facts, we have any grounds to succeed in this case.
2)Shall we proceed or leave it.
3)We had spent almost 2 lacs for these entire all court proceedings and policticians from the beginning itself.
4)Most of the lawyers suggest not to go further…
5)Is there any loop hole point from the facts pls. suggest me how to defend.
NOTE: Bank has followed and published all the sale proceedings and symbolic possessions as per act.
Accept the notice to legal heirs...
Thanks.
Anonymous
11 June 2010 at 23:18
I have recently vacated a house and house owner has given me a cheque for the advance I paid. He has given the cheque from his wife bank account and when I have asked the reason he said he doesnt have enough money in his account. I trusted him as I have a two years relationship with him.
I have cleared all the dues honestly including the current bill and apartment maintainence. I have even paid money for tubelights which are not working.
I have taken the house for rent on March 10th 2008 and have paid the entire March month rent.
I have vacated the house on 6th June 2010 giving him proper two months notice according to the agreement.
At the time of vacating the house the house owner has asked me to pay the entire june month rent but I have argued that I took the house on 10th of the month and vacating four days in advance and he agreed with me orally.
But to my shock when I have presented the cheque to the bank it came back to me as my house owner has made a stop payment request to his bank.
My house owner is a bank manager and I think he knows in and out of the laws regarding the cheque instruments.
But I have been cheated at last even after being the honest.
Umesh S.Hunashimarad
11 June 2010 at 23:05
Sirs,
weather Bank can enforce mortage deed in respect of ancistral property living minors interest or against them
T.Srinivas
11 June 2010 at 22:59
Respected experts,
one of my client entered in to sale agreement with owner for purchase vacant site, he has paid full amount, owner executed a sale agreement and notarised GPA in favour of my client on 1998,the same year govt as stopped revenue site registation, from the date of agreement my client is in possession and have built a single room, till date tax has not paid, now after a long period my client approached the owner to execute neccessary registered deed in favour of him, the owner is asking some money for registration, pls suggest me what is remedy available to my client.
Ethir esen
11 June 2010 at 22:28
Dear Sir,
i have two questions :
1) What are documents/papers a land lord should have(patta, chiita, ) against his land?
2) I would like to know law, rules regulations applicable for land(Immovable property). Please suggest a book which explains or gives kind of awareness in layman terms. My father has tract of farm land in village near to Slum, being aware about land act and regulations will help me to face any unfortunate problems like encroachment, panchayat project coming near land etc.,
Anonymous
11 June 2010 at 21:16
A christian family consisting of one son, three daughters and a widow, family head died intested, in this case please suggest about the devolution of self acquired & ancestral property between these living heirs and which law will govern this christian family?
Anonymous
11 June 2010 at 21:12
Certain properties mentioned in a WILL is altered by a settlement between the parties in a suit by a Decree passed by the Ld. Court later than the WILL date. Can the WILL be enforced for the rest properties?
Anonymous
11 June 2010 at 20:22
I conduct scholarship classes at my own premises. I have no employees. Whether the Bombay Shop and Establishment Act applicable to me? Is any registration necessary?
sunil dadarao sawarkar
11 June 2010 at 20:18
Whether plaintiff instituted suit for declaration that he has become owner by adverse possession ?
yashwant goyal
11 June 2010 at 19:46
“X” has a will in his name for immovable property, but till date “X” do not use this or show in court. But residing on such property since birth. This property also disputed between “X’s” two family members “X” is not a party of such civil suit.
Can “X” claims for owner ship at present or after there dizzied “X” will claim?
What is better?
And where it to be claim?
SARFEASI - MOST URGENT
Dear Sir
This is siva, I am seeking ur good suggestions from the below said facts and case details as follows:
I have 2 sisters and 2 brothers. I was borrowed the loan from Nationalised bank with a quantum of Rs.15,00,000/ as Cash credit limit and Rs.5,00,000/- as bank guarantee on 2000. So far my mother stood as a guarantor for the above said entire loan amount and offered her self acquired property as a collateral security and we created equitable mortgage on 2000.
Due to some unforeseen circumstances I was lost my business and outstanding amount. On October 2002 the bank has declared my account as NPA for Rs.22,23,000/- and issued notice under section 13(2) and got acknowledgement from both of us.(me and my mother) and they took symbolic possession of the above said property, following to these proceedings they put the property for public auction on 2004 for Rs.6.00 Lacs only
But no one has come forward to buy ours property through public auction. So the action called off, also the bank continued he sale proceedings after two years on 2006 for Rs.6.40 lacs, that time also no came forward to buy in that auction.
During the course of proceedings by the bank we our family members doesn’t take any legal action or legal steps to prevent the property. Because that property is not much worth when compare to loan amount.
On 17/07/2007 my mother was died due to sudden cardiac arrest, also we never intimated to the bank regarding my mother’s death.
On 03/08/2008 the bank issued a paper publication and brought ours property in a public auction and which was sold in a public auction on 04/09/2008 and they registered a property in the name of auction purchaser on 23/09/2008 for Rs.7,61,000/-. The same notice has been sent by the bank to me and my mothers name through registered post. We deferred to receive such notices almost in all times, so we deferred to receive the notice and we said the reason that we have shifted from that address to some other address.
On 18/09/2008 one of my brothers was filed a partition suit in the civil court and prayed for stay that not to create any charge or encumbrance against our property by the bank, but it was no use. The court issued notice to the bank, so the partition suit is still pending with civil court.
Also our my father put 7 tenants in that premises which was already sold by the bank in a public auction, the tenants were much effective and kept the possession safe and secure away from the auction purchaser. Because now the property worth will be around 25 lacs.
After a very long struggle, the auction purchaser approached High Court and finally got direction to the magistrate to take the possession immediately. So the advocate commissioner took the possession of the property with the help of police on 18th May 2010 and handedover the property to the bank, also the bank handed over the property to the auction purchaser on the same day. After received the actual possession he demolished the houses on the same day itself.
On 25/05/2010 we meet a advocate counsel; he advised us to approach DRT to grand stay the proceedings and said we have only 10 percent chance to succeed in this case. He advised to file a petition under section 17 by our family members (father, 1 brother and 2 sister) as a petitioner against 1.me(siva), 2. Bank 3. Auction purchaser as defenders and filed a condone delay petition for 575 days and prayed to grant stay along with a brief petition, that we are the legal heirs of deceased guarantor and we didn’t have knowledge and didn’t receive any notice before the sale proceedings about the bank sale and they prayed for set-aside the sale by the bank and restore the actual possession of the property. But the DRT has deferred to grant a stay and directed the bank to maintain status cuo possession of the property on 26th May 2010 and issues showcase notice to the Bank and auction purchaser to file any objection on 15th June 2010 to allow the petition filed by us. For these fillings, he has charges Rs.25,000/-.
Now, the counsel is asking another 10000/- to proceed further steps on 08th June 2010.
My question:
1)From the above facts, we have any grounds to succeed in this case.
2)Shall we proceed or leave it.
3)We had spent almost 2 lacs for these entire all court proceedings and policticians from the beginning itself.
4)Most of the lawyers suggest not to go further…
5)Is there any loop hole point from the facts pls. suggest me how to defend.
NOTE: Bank has followed and published all the sale proceedings and symbolic possessions as per act.
Accept the notice to legal heirs...
Thanks.