Goapl Garg
30 April 2015 at 15:57
I am a bonafide tenant(by notarised Rent Agreement) governed by state tenancy act in respect of two rooms of a building which use them for my office purpose for a valid and lawful business with proper trade license, landline and my montly rent against bill regularly.These two rooms are in the back side of the building and they can be appraoched thrugh the only one main gate of the building which is also clealy defined in my agreement and the sketch with it.Recently it has come to my knowledge that my tenenated prtion is a separtae plot bought over by landlord earlier by separate conveyance deed and the front portion where he himself stays was a separate house bought by him later by separte conveyance deed and for his convience the landlord has kept the two properties as one adjecent to each other and with one entrance.The house where the landlord lives was under a mortgage as guarantor towards some loans availed by his married daughter and now the Bank has served the landlord some type of notice of 13(4) of Sarfaiesi act and pasted it on the wall of the house.The Bank people who came to do it, told that they would now take permission from magistrate for forcible possession of the house and in such case I will also be not able to use my office as it is in behind block of the house but this block is not mortgaged as also confirmed by landlor and Bank people.There is no malafide from landlor as he gave guarantee and motgages for his daughters family and theye are now in some trouble.
What the Bank can do to me is this situation?
what the landlord should do in this situation to give me protection?
what should i do in this situation? though neither landlord nor the bank is making any move to oust me, but if bank take possession of the front house then how i shall continue to use my office?
do i have any defense?
J Gupta
30 April 2015 at 15:32
SIR
WHAT WILL BE THE FATE OF FIR REGISTERED UNDER SECTION 66A OF IT ACT IN WHICH NO CHARGESHEET HAS BEEN FRAMED. ESPECIALLY AFTER THE SUPREME COURT VERDICT IN THIS REGARD. WILL SUCH FIR GET AUTOMATICALLY CANCELLED OR ANY EFFORT IS REQUIRED TO BE MADE.
KIND REGARDS
navdeepgoyal
30 April 2015 at 15:30
A suit for declaration was filed against me by neighbour to declare my home construction not according to sanctioned plan thus illegal and liable to be demolished. In my reply i gave that we will construct according to sanctioned site plan on which court gave order that we will bound by our statement and any other construction will be liable to be demolished in accordance with the prevalent law. local commision was appointed to check my construction which showed an exess area of 254 feet. then my neighbour filed comtempt application against me that we have not constructed according to site plan so contempt proceeding be initiated. and now he has submitted a affidavit in evidence. what points should be kept in mind while crossing him.
Rajesh Kumar
30 April 2015 at 14:34
Hi,
Is there any merit in sequence in which 498a, DV & crpc-125 are filed? (the objective being extract as much as possible). I read a lot of places that DV is first choice of weapon and 498a last.
Is there any effect if this sequence is reversed?
Kvijay12345
30 April 2015 at 14:19
my friend had taken a vehicle loan and dispite of his several requests for the copies of the loan relevent docs, the nbfc for three years failed to furnish any copies of these loan related docs including the sanction letter and the loan agreement which were signed blank by my friend at the time of the processing of the loan. Meanwhile he continued to pay the EMI on loan and finally when he realised that the nbfc is not willing to give him copies of those loan docs,he stopped the EMI on loan after the intimation to the nbfc.Then after three years my friend got loan docs in which he observed many discrepencies which he immediately brought into the notice of nbfc. There was a dispute over these loan documents including the loan agreement. Instead of solving the dispute, the NBFC got the arbitration award passed in its favor without the knowledge to the consumer and towed away his vehicle forcibly without giving any intimation to him or local police station and also without giving the copy of this arbitration award to the consumer. The consumer therefore moved to the District Consumer Forum seeking for the compensation.Now the NBFC have filed their say stating they have possesed the vehicle with the help of that arbitration award.I have heard that such disputed loan documents can not be utilised for arbitration proceedings before solving the dispute and an award based on these disputed papers is invalid.Can the disputed loan documents including the loan agreement be utilised for arbitration proceedings and the arbitration award be passed based on those disputed loan documents? Is such an arbitration award passed based on the disputed loan documents is valid and can the vehicle financed be towed away with the help of such an arbitration award by the NBFC without going through Execution proceeding in the civil court to repossess the vehicle? under which section of the The Arbitration and Conciliation Act, 1996,the award passed on the disputed papers is invalid?
omprakash
30 April 2015 at 13:22
my father has purchased a land in Ranchi in 2009. Up till now every thing was fine but six month back one person has filled a case against my father that he is having the power of attorney to sell this land and showing us the paper which he is having from 2007. My father hired an advocate to counter the case filled against him.
But unfortunately my father advocate and that person framed a conspiracy against my father. He didn't let us know what he has done so far to counter the case, and now court has issued a summon against my father.
This created a havoc in my family. I am really looking for a help from your expertise in this regard, and if possible please let me know a good advocate who can fight our case honestly in Ranchi.
Hope to get a reply ASAP.
Thank you.
Member (Account Deleted)
30 April 2015 at 12:54
Respected Members and Experts
I have married a woman by a match found in a matrimonial site. As per her information she was never married. But the fact that she was a divorcee a year back. We have every document of her first marriage and divorce paper and documents related the cheating me. When the fact came open she left after 3 months of marriage. Then I have filed divorce in family court. Despite receiving notice she was not appearing in court. The divorce case continued for last 6 years and its still pending in the family court.Meanwhile I have married a woman and fathered a baby boy. Now the first wife came to know the fact that I have married but she doesn't have any documentary proof. Now the first wife has filed cased u/s ipc 494,498 etc. We have already got bail from court. Now my second wife after knowing the fact that I had another marriage and not yet divorced, she is harassing me and threatening to file cases against me and my family.
I am a very reputed professional. I have got big setback by this case. They both have eyes on my properties. Please help me on this how to counter my first wife and what are strong possibility to sue her and how to rescue me from my second wife. What are the consequences I have to face if proved guilty.
amolchalke
30 April 2015 at 12:14
Hello Sir/Madam,
I have two flats,fully self acquired,and both flats have my father as second applicant.I am the first applicant in both the flat agreements.Now my father has recently passed away. So i want to delete his name from the society share certificate.
also i intend to sell one flat, as i have to purchase bigger flat.
The society is asking to bring Affidavit/ NOC/Release letter from my mother and brother,so that they do not claim a right in the property.
please advise the correct procedure to follow so that in future i do not have any problem.Also what is the format for the above documents and do i need them to get notarised.
many thanks in advance
yours faithfully
amol
Member (Account Deleted)
30 April 2015 at 11:46
I have married a woman by a match found in a matrimonial site. As per her information she was never married. But the fact that she was a divorcee a year back. We have every document of her first marriage and divorce paper and documents related the cheating me. When the fact came open she left after 3 months of marriage. Then I have filed divorce in family court. In between she gave birth to a baby girl. Despite receiving notice she was not appearing in court. The divorce case continued for last 6 years, but meanwhile I have married a woman and fathered a baby boy. Now the first wife came to know the fact that I have married but she doesn't have any documentary proof. Now the first wife has filed cased u/s ipc 494,498 etc. We have already got bail from court. Now my second wife after knowing the fact that I had another marriage and not yet divorced, she is harassing me and threatening to file cases against me and my family.
I am a very reputed professional. I have got big setback by this case. They both have eyes on my properties. Please help me on this how to counter my first wife and what are strong possibility to sue her and how to rescue me from my second wife. What are the consequences I have to face if proved guilty.
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Right of shareholding holding 50% shares
I hold 50% of the total shares in a company for long time and balance 50% shares are held by our relative.I was not director and only invested at formation stage with an intention of prospective returns.My relative used to look after and he himself and his wife were directors. three-four years ago we developed differences and since then I am not given any information,paper,access, anything by my relative and virtually thet control all the affairs.They have also appointed two new director but have not changed the shareholding patterns.I have to come that the company have been conducting big deals in papers and indulging in fake transactions to generate false purchase and sale and is earning commission but surely business what it is doing is not genuine and legal.The office,godown and factory shed is also in the name of the company.I desire to get separate from this but i am not heard by them.
i want proper records, intimation, access and a say in the affairs of the company and stop such business which is not lawful.
what options are available to me.my letter for any informations etc is returned and is not receivd.