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Anonymous   18 August 2015 at 19:25

Advalorem fees

sir i am directed by trail court to pay advalorem fees


but my suit is for decleration and possesion in which i am challenging the will and claiming my share as legal heir in joint posession
the defendent no.2 sold the land to three persons i.e def7 to def10 with this will by geeting mutation in his favour
wheather i have to pay this advalorem fees?

as i am claiming only my share as legal heir in joint possesion not specific posession. In the suit i only said to cancel the mutation which was done by way of forged will and also m not challenging the sale deeds on which this fee is charged in my suit i am only saying that these sale deeds are null and void and are not binding on the petitioner

Rajeshmohan   18 August 2015 at 19:07

Limitation to file complaint under 138 ni act

I am the complainant. Two Cheques dt.28/5/2015 received and Deposited in the Bank on 12/7/2015. Dishonoured with Bank Memo dt.13/7/15.. Lawer Notice sent on 15/7/15. Accused acknolwedged the receipt of our Notice on 17/7/2015. My advocate received the reply from the accused's advocate on 27/7/2015 denying the payment & the reply notice received by our advocate on 28/7/2015. I request you to kindly inform what is the last date of filing criminal complaint under Sec.138 NI Act. Please breif me to follow-up with my advocate. As I am 62 years old, can I give a Power of Attorney to third person to represent in the court on my behalf. with regards.

Maria Joseph   18 August 2015 at 18:48

Mp(md)

Sirs,May i know what does MP(MD) mean? i have filed a writ petition in madurai.When i check the status in online it shows the case status along with connected cases MP(MD) 1.

please tell me about MP(MD) and what is this for about?
Thank you

Sneha   18 August 2015 at 18:09

Bank - release of mortgaged deed

My Husband was a partner with his relative and this partnesrship firm took loan from Bank and Original Title Deed of our Flat( registered in my name)was given as security to Bank.My husband demised three years ago in Oct0ber-2012.The Loan account was settled with the Bank and My Title deed and my personal gaurantee was released by Bank as per advise of our partner.Our family did not remain partner but the firm continued with other partners after due formalities and continued banking withe same bank.The newly constituted firm again obtained loan from the same Bank but there was no mention of my property and my name anywhere in the sanction letterin Dec-2012.

But the Bank did not return me my Original Title Deed and also never replied any of my letter, mail etc. Being alone, senior citizen and affected by Breast Cancer I moved to US to my daughter but continued writing to Bank to deleiver the Title Deed to me, to my designated person against valid letter of authority, but the Bank did not return the same to me or to my person.Our earstwhile partners maintained that they have released it and as usual started lacking interest in the matter.

It continued for 30 months till June-2015 when my daughter wrote letters to CMD and other dignatories of the Bank and asked for monetary compensation towards 30 months(for accurual monetary benifits had I recd the deed by renting/selling) only then within 07 days the Bank themselves went to my local house and handed over the same to my designated person against proper receipt with intimation to me over mail. I now have original Title Deed with me.

But sir, the Bank has acted in very negligently and harrassed me for 30 months and also deprived me from any monetary accrual which I could have either by selling it off or renting or otherwise.Instead I had to keep a person there since then for its up keep and spend substantial amount for the same.

I wrote to the Bank for reasoanble compensation(in line with fair market value of the property) for 30 months delay but the Bank has flat;ly declined in writing and says that you had your property phyisically under you and have enjoyed it and hence you are not entitle for anything from them.

I feel the Bank has done great injustice to me by harrasing a senior citizen,widow, alone with only a married daughter in far US.

What can I do in this situatuion.Frankly I am well off, has been very mistreated by Bank, and feel very very outrageous and can afford any kind of statutory action againt the Bank and concerned officials as I feel that this should not happen with any one like me and these PSU executive should learn to behave properly.

Please opine.....Thanks & Regards....

vijayabhaskar   18 August 2015 at 17:42

Hindu married women's share in fathers property.

I'm married in 1994, and I'm the only legal heir survived out of three children ie my elder sister, elder brother and last me born in 1975, my father is alive and I have step mother, now do I have share in my father's own earned property.?? Now my step mother is forcing my father to make a will of all property owned by my father on her name and she do not have any children, do I have rights to claim my share.? If yes how.?

Goapl Garg   18 August 2015 at 17:21

Sarfaesi act

I used to hold 11% shares in a private limited company and my other associates held the balance holdings(only two other shares holders, husband and wife in equal proportion).I was not a Director and both Husband and wife were Directors.The company obtained credit facilities from Bank and Three Residential Properties were mortgaged as colletaral securities. One Property was mine and Two belong to Husband and Wife duo.Owing to strained I parted ways and it was agreed that my property shall be subsituted by another property of equal vale by my associates but it did not happen and the Account became NPA.The Bank intiated action under Sarfaesi Act. 13(2) and 13(4) formalities are over with symbolic possesion and paper publication.The Bank has made application u/s 14 of the act to DM for permission for physical possession.

I obtained a copy of the Bank"s application u/s 14 under RTI from DM-Office and found that the borrower and gaurantors are described correctly as 01.the company 02 myself.03 My ex-partner 04 My partners Wife.

In the schedule of Motgaged Assets, all three Properties have been described as A-B and C.

A belong to me and B & C belong to Husband-Wife duo(my ex partners).

But to my surprise I find that the schedule of property under (B) has been totally defaced by whitner and its title deed copy, possession notice copy is not enclosed. However all documents pertaining to A & C are attached.

The Original Application is duly notarised and signed by the AO of the Bank on all the documents.

It means that the DM would pass the order for property A & C only because property description of B is originally typed but later totally defaced by whitner.

I have pointed it out to DM-Office who says that they have issued copy of the documents as it is in condition which they have received and could not see the defacing as it happened inside pages of the application.So by their statement the Bank has submitted(thru one advocate whose Vakalatnama is also filed) the application in the same condition.

I am now very confused as what will happen now" and whether such application is valid and can be considered by DM? How the Notary has done attestaion on defaced pages? How the AO of the Bank can sign on original papges wherein substantial defacing is done? But it certainly indicate that though 13(4) is done for all three properties, One property is being sought to be lett off. All three properties lie under same DM jurisdiction. My dealing advocate is also little confused as to whether I can do anything as DM office usually do not entertain gaurantors and issue notice to lender and bprrower company.

It is certainly case of connivance, fraudulance and I need Honourable Experts Opinion about:

01 Is such application tenable for processing at DM Office?
02 Is there any remedy to bring the same to the notice of it to DM and Bank"s Authority?
03 Is there any Legal remedy available where such malpractice can be exihibited and guilty can be punished?
04 Can DM entertain such application and Pass order for the two properties only?

I am ready to fight till end to save my property..Please advise.......

Dhananjay   18 August 2015 at 17:07

Epf registration

1) if co has not registered to EPF for 2 year above 21 Employee. can it attract to any penalty?
2) Will Co has to register to EPF for Contract Labour also.

M Jagadeesh   18 August 2015 at 17:04

Name correction in ssc certificate and other certificates

Dear sir,
I passed ssc in 2009.
My Name is misspelled in my SSC certificate as MANINI SHETTY JAGADESHWAR instead of MANIMISETTI JAGADEESH. and My father name is spelled as MANIMI SHETTY RAMBABU instead of MANIMISETTI RAMBABU. I changed school after 9 th class from East Godavari district to MEDAK district. When I changed to MEDAK this mistake occurred.
I continue this name in diploma and b.tech. Currently I'm studying b.tech final year.
Pls find a solution to change my name in all the certificates.

Md Abdul Kadher   18 August 2015 at 16:50

Sale, etc. of property when suit is pending

One partition suit was filed in the District Civil Court in 2005 by Mr.A who is a resident of the property which is pending. Meanwhile some of the respondents have sold the litigant property to Mr.B who got a pledge loan by giving the sale deed in a nationalized bank. Among one of the respondents issued a legal notice to the concerned bank's local branch and its regional office. Though the sale deed in dispute is void under Law, can the bank attach this property when there is a default of repayment of loan? What is the next step to be taken by the petitioner? Please clarify.

Sayan Poddar   18 August 2015 at 16:24

Case withdraw from high court

1)498a/406/34 filed on 2012
2)Huband wend for high court for quashing(482) the case in 2013
3)By middle of 2014 , mutual between husband and wife done,
they are living peacefully
4)As the dispute was to resolve , husband did not continue the case
in high court , it is still pending
5)in july,2015 , husband & wife submit joint compromise petition
before trial court
6)Trial court says as the case still pending high court , trial court
can not conclude the case

Now husband want to withdraw the case from high court so that trail court can
conclude/discharge the case

1)My question is that is there any way to withdraw the case without hearing ?
2)What is the quickest way to withdraw the case from High Court ?