Anonymous
11 January 2018 at 19:12
Hello,
Thanks in advance for considering the query.
My mother has an house property in her name which was purchased 15 years ago by my father in my mother's name. Now we are 2 brother. My elder brother is living separately from 2 years. Now he wants to claim his share in property. My question is
1) If my mother transfer the property in my name by registered gift deed, will my brother be able to make any valid claim on property in future.
2) Till my mother is alive, can he make any lawful claim of his share in property from my mother. (if property not tfd in my name)
Thanks for your precious consideration.
Anonymous
11 January 2018 at 19:01
I work in a Private Engineering College in Pune as Asst. Professor since One year. Recently our management is denying Casual Leaves for the staff. They tell openly that if you want a leave take 'LWP' (Leave Without Pay). As I believe Casual Leave is a right of an employee, whether any action can be taken against the Principal or management?
Lavika
11 January 2018 at 18:26
We have a civil suit going on in local court. We r defendants. In yesterday's verdict judge said
"Application for production of documents disposed." can u tell what does it mean. We have asked about the production of proofs but neither petitioner not his lawyer is appearing regularly.please confirm this terms meaning
Anonymous
11 January 2018 at 18:05
How to get second wife son/daughter passport?
Because second wife will not have husband name (It is illigal according to hindu Law)
Husband will be having second wife name in his passport.
How second wife son will get passport as minor? Is there any way?
Rajesh
Suresh K.Khaitan
11 January 2018 at 17:25
I bought one property from NEDFI in bank auction under SARFAESI Act. SARFAESI rules mandatory provides for the issue of Sale certificate in the form prescribed at Appendix V of Security Enforcement Rules, 2002. ( AO has no authority under the rules to modify the prescribed form of sale certificate).
1. After the full payments having been made, AO has now issued one sale certificate after deleting the words "and handed over the delivery of the possession of the scheduled property" and sent the same to me per Registered post.
He has not mentioned the words " delivery of possession" in the sale certificate despite the fact that he had taken over the possession of the property by publishing a public notice in the newspapers as provided under section 13(4) of SARFAESI Act r/w rule 8.
2. He has also modified the relevant sentence in the Sale certificate as below-
"The sale of the scheduled
property was made free from all encumbrances as known to the secured creditor except as stated in the Auction Notice dated 05-09-2017
published in 'The Assam Tribune [English]' and 'Dainik Asom
[Assamese]' "
3. AO, though has signed the sale certificate, has not mentioned his name in the Sale certificate
When I pointed out these defects and requested for correction and for the issue of sale certificate in the prescribed statutory form , AO flatly refused to make any corrections in the Sale certificate.
As a matter of fact, AO had not done his homework at all and has negligently conducted the entire auction process in so far as
A. In the auction notice, he had vaguely mentioned under the caption " Details of encumbrances over the property as known to the corporation" as below-
"Occupied by 50 numbers of tenants from last 38 years."
This obviously means that the entire property is under the occupation of 50 tenants whereas the fact remains that a few tenants ( may not be 50 in number) are occupying about 50% of the property.
Moreover, tenancy is not an encumbrance. Had tenancy been an encumbrance, Non-Encumbrance certificates would have made a mention thereof.
If this be the case, none shall build a property to let out the others and thereby encumber his own property with others.
Despite this position, If at all AO (erroneously) considers tenancy as an encumbrance, he was duty-bound under SARFAESI Act/Rules to first clear the encumbrance and then to sell the property under auction that he didn't do.
B. At the time the property was mortgaged with NEDFI, part of the property mortgaged and subsequently sold in the auction by NEDFI was previously sold by the borrower prior to the date of mortgage which AO failed to ascertain.
3. There appears to be some malafide on the part of AO as he wanted to sell the property to the tenants at a throw away price which he couldn't as I offered a price of 96.25 Lac as against reserve price of 55.25 Lac ( obviously to make some wrongful gains under some understanding with the tenants by benefitting them) and that is why now he wants to issue one faulty/defective/unacceptable sale certificate to me in violation of SARFAESI Act.
Now, AO is creating all possible hurdles. He wants to keep the possession of the property sold under auction with himself/NEDFI without passing on the same to me, though I have bought the property and have paid the full consideration therefore.
My problem is that if I accept the sale certificate as it is, I will not get delivery of the possession of the property bought by me. Unless the sale of an immovable property is coupled with the delivery of possession, the sale shall not be complete and that, as per Assam Land and Revenue Regulation, my name will not be mutated/ recorded in the records of rights.
Please refer the following link on Government of Assam website in which Para 21 under Mutation of land is relevant which says that for Mutation under Assam Land and Revenue Regulations, 1886, both title and possession are mandatory.
Without possession, the land shall not be mutated in the name of the buyer -
https://landrevenue.assam.gov.in/portlet-innerpage/faqs-on-mutation-%E0%A6%A8%E0%A6%BE%E0%A6%AE%E0%A6%9C%E0%A6%BE%E0%A7%B0%E0%A7%80-for-land
One more problem is there. Sale Certificate can't be registered with the Registrar after four months from the date of issue thereof.
I am in a fix as to within the period of three months now left over, how do I get the sale certificate corrected and How do I fix the AO for his apparently malafide acts.
Suresh K.Khaitan
11 January 2018 at 17:08
I bought one property from NEDFI in bank auction under SARFAESI Act. SARFAESI rules mandatory provides for the issue of Sale certificate in the form prescribed at Appendix V of Security Enforcement Rules, 2002. ( AO has no authority under the rules to modify the prescribed form of sale certificate).
1. After the full payments having been made, AO has now issued one sale certificate after deleting the words "and handed over the delivery of the possession of the scheduled property" and sent the same to me per Registered post.
He has not mentioned the words " delivery of possession" in the sale certificate despite the fact that he had taken over the possession of the property by publishing a public notice in the newspapers as provided under section 13(4) of SARFAESI Act r/w rule 8.
2. He has also modified the relevant sentence in the Sale certificate as below-
"The sale of the scheduled
property was made free from all encumbrances as known to the secured creditor except as stated in the Auction Notice dated 05-09-2017
published in 'The Assam Tribune [English]' and 'Dainik Asom
[Assamese]' "
3. AO, though has signed the sale certificate, has not mentioned his name in the Sale certificate
When I pointed out these defects and requested for correction and for the issue of sale certificate in the prescribed statutory form , AO flatly refused to make any corrections in the Sale certificate.
As a matter of fact, AO had not done his homework at all and has negligently conducted the entire auction process in so far as
A. In the auction notice, he had vaguely mentioned under the caption " Details of encumbrances over the property as known to the corporation" as below-
"Occupied by 50 numbers of tenants from last 38 years."
This obviously means that the entire property is under the occupation of 50 tenants whereas the fact remains that a few tenants ( may not be 50 in number) are occupying about 50% of the property.
Moreover, tenancy is not an encumbrance. Had tenancy been an encumbrance, Non-Encumbrance certificates would have made a mention thereof.
If this be the case, none shall build a property to let out the others and thereby encumber his own property with others.
Despite this position, If at all AO (erroneously) considers tenancy as an encumbrance, he was duty-bound under SARFAESI Act/Rules to first clear the encumbrance and then to sell the property under auction that he didn't do.
B. At the time the property was mortgaged with NEDFI, part of the property mortgaged and subsequently sold in the auction by NEDFI was previously sold by the borrower prior to the date of mortgage which AO failed to ascertain.
3. There appears to be some malafide on the part of AO as he wanted to sell the property to the tenants at a throw away price which he couldn't as I offered a price of 96.25 Lac as against reserve price of 55.25 Lac ( obviously to make some wrongful gains under some understanding with the tenants by benefitting them) and that is why now he wants to issue one faulty/defective/unacceptable sale certificate to me in violation of SARFAESI Act.
Now, AO is creating all possible hurdles. He wants to keep the possession of the property sold under auction with himself/NEDFI without passing on the same to me, though I have bought the property and have paid the full consideration therefore.
My problem is that if I accept the sale certificate as it is, I will not get delivery of the possession of the property bought by me. Unless the sale of an immovable property is coupled with the delivery of possession, the sale shall not be complete and that, as per Assam Land and Revenue Regulation, my name will not be mutated/ recorded in the records of rights.
Please refer the following link on Government of Assam website in which Para 21 under Mutation of land is relevant which says that for Mutation under Assam Land and Revenue Regulations, 1886, both title and possession are mandatory.
Without possession, the land shall not be mutated in the name of the buyer -
https://landrevenue.assam.gov.in/portlet-innerpage/faqs-on-mutation-%E0%A6%A8%E0%A6%BE%E0%A6%AE%E0%A6%9C%E0%A6%BE%E0%A7%B0%E0%A7%80-for-land
One more problem is there. Sale Certificate can't be registered with the Registrar after four months from the date of issue thereof.
I am in a fix as to within the period of three months now left over, how do I get the sale certificate corrected and How do I fix the AO for his apparently malafide acts.
PRITAM SENGUPTA
11 January 2018 at 15:44
Sir/Madam,
I'm a final year student of B.Tech Enginnering course, I got a job offer from a company which was brought for campus recruitment drive by the training & placement department of my college. The company demands me to join at a place out of my residing state by next week of this month. My final year semester is after 5 to 6 months. College HOD (Head of Dept.) and TPO (Training & Placement Officer) are telling me verbally to go and join and they will allow me to appear for my final semester exam which is going to be held on May/June as this had happened for previous year candidates also. What should I do??... I am very upset regarding taking the correct decision. Another thing is worrying me that in future after any investigation if it is found that I was not present in classes or fulfilled attendance criteria (to appear for last semester) of UGC or my University ..will my whole 4 years B.Tech degree be cancelled?.. I need your help.. With warm regards.
vijay
11 January 2018 at 14:51
name-subramani,,,subramani having mother age 76,,,subramani father dead/ --subramani having youger sister alive
subramani entered sale agreement of his land in 19/7/2013.land was in his fathers name,,
by mentioning one third in sale agreement.
subramani dead on-28/11/2013.
sale agreement reflect in EC. how to canel it very fast.....
sudama kumar
11 January 2018 at 14:01
hello sir/mam I was working in a telecom sector as a marketing executive from june 2017. i resigned from the post on 9th nov 2017 and in between i took leave on 3rd 4th and 5th of nov which was a paid leave. But the Hr department has given me salary of only last working 5days instead of 8 working days. when i contacted to HR manager he has different explanations, sometimes he says you resigned on 6th nov, sometimes he says that you took holidays , some times he says you were absent for three days and has different versions of explanations.I have proof of my attendance of last 8 working days. I have mailed to senior HR manager and tried to contact him through whats App but he did not replied. I want to file a RTI. Tell me what to do as Those money are my hard earned and i don't want to loose them.
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Regarding obtaining clean chit from District Court.
One of my family member was subjected to trial in a Thane (Maharashtra) civil court way back in the year 2005. It was all conspiracy against him and he was stuck into that matter for one month. Since then the hearing of the case came about for 4 times and all time it was postponed. Now it has been more than 7 years that there are no hearing in the court for the same. The charges were pertaining to forgery. The aggrieved party who has filed the case is also no more since last 10 years.
Now my family members require some Police verification in order to obtain a Batch and Rickshaws permit.
How come he can obtain a clean certificate regarding the above matter?
Kindly, help.