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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Abhi   07 January 2015 at 14:39

Buying a property which is mortgaged

I am buying a resale 1BHK flat (15 years old). I had paid 1% of the total value of the flat as part of token to the seller. Now during the course of submitting the loan application and collecting documents, Seller informed me that this flat(1BHK) is mortgage with the bank. He further explained me that he has 2 falts (1BHk-given on rent and 2BHK-currently residing). He said he had taken loan for his 3 enterprises keeping both the flats mortgage to a co-operative bank. In 1BHK flat, he is the only owner and 2BHK, he and his wife is a joint owner of the flat. The loan lended by the bank to him has his wife as guarantor. Now since I am interested to buy 1BHK flat, he said he will get NOC from bank as well as valuation certificate from bank for the 1BHK flat. He said this certificate can be produced to my bank (nationalised bank) to get home loan and get laon on 1 BHK flat paid off. He also showed me a letter from the bank that bank doesnt have any problem selling 1BHK flat.

Please advise me the following points
1. Can I still go with purchasing or stay away from this deal
2. How the bank will determine that how much loan need to be paid off to release original documents for 1BHK
3. Can I legally get any claim from the owners later on from his wife?
4. Once sellers bank releases all the original sale deeds and share certificates (original), can they make any trouble as far as 1BHK flat is concerned.
5. Will my nationalised bank (SBI) will make effort to investigate on this?
6. What is due diligence conducted by bank

Thanks in advance,

I am a first time buyer and very nervous about the deal.

Gilbat   07 January 2015 at 14:15

Civil law final judgement time

Dear experts,

I need to know few things from you.

when final judgement, can we request honerable Judge to release the order "To" tamil nadu police,sub registor,thasidhar ?

Becasue tamil nadu police, sub registor,thasidhar will not know about the High court judgement.

can we have one order and make "To" partees as tamil nadu police, sub registor,thasidhar?

the problem is after 2nd appeal high court judgment my against party should not entertain third party in sub registor office,also police should take action accordingly incase my against party create the problm for me..

also thasidhar should know about the issue and survey my land properly as per high court order


1) after Civil law final judgement, within how many days we can get order from high court.

2) how much approcimately i can pay to the order to high court?

3) will i able to get order with out my advocate help?( that means based on judgement will they make order)


these clarifications are highly helpful..





MANJUNATHA REDDY G   07 January 2015 at 13:42

Katha

My Grand father acquired 3 acres of Agricultural land in 1967, as it is self acquired property, the same was transferred to my father on the basis of WILL in 2000. The revenue records were in the name of my Grand father untill 2010. The katha was transferred in 2011 in favor of my father.

My brother filed a partition suit and accordingly the land was dived between us 1 acre each i.e father, brother and myself. We registered the Compromise decree in the sub registrar in 2013. we applied for transfer of the Katha in our favour. Meanwhile my cousins filed the partition suit and give an objection letter before the Tahasildar, for change of Katha(pahani). Summons was issued and after hearing he states that, the tahsildar can not mutate the registrar and tranfer the katha as there is civil suit pending. Pl let us know how to over come this problem. Pahani should be transferred based on decree passed in our family suit as well as based on the registration of the same decree. There is no stay in the civil suit filed by our cousins. How can Tahasildar stop the Katha is it not a contempt of court. pl advise.

abhishek dubey   07 January 2015 at 12:13

RTI: Asking information of women employee by spouse

The spouse of a female employee has asked for her salary detail.he has asked info for some legal dispute between him and his wife.should the application be rejected?upon rejectin can he apply again citing change of circumstances?

Aman   07 January 2015 at 10:09

Divorce/ property rights / dowry recovery

I got married in India on 21st Feb 2011 in Patiala, India. I am presently in Canada and have got my permanent residency card. My daughter is a canadian citizen born on 21st July 2012. My husband served me the divorce papers here in Canada in Dec 2014 immediately afetr we got our permanent residency. He has no property here. All his property is in Patiala / Chandigarh and under his parents name. I just got to know that his parents disowned him in 2013 in India (although they are on excellent terms with my husband/their son). Basically they had intentions to file for divorce since long however my husband was only waiting for his permanent residency in Canada. Also since he has no property here in Canada, he not liable to give anything to me here.
Now my first question is, what is my daughter entitled to in India. What are her rights in her grand parents property in India? What are my rights in India? And how to do we recover dowry from them in India. My entire marriage gold is also with my mother in law in her locker in India.
Me and my husband and his parents are all indian citizens except for my daughter who is a canadian citizen.

Narendra Ashar   07 January 2015 at 10:09

Caveate

How many caveators can submit a single caveat to Bombay High Court Testamentary and Intestate Jurisdiction

Ajay   07 January 2015 at 10:02

Fcop filed at chittor district

Dear Experts,

I have been cheated by the lawyer whom i had trusted for past 2 years and entrusted both 498A and my Divorce case.

In yesterday's FCOP hearing we got to know that he has given an affidavit to the court stating that No evidence reported by respondent counsel.

I would need suggestions on how to proceed further. I am very much confused. Attaching the history of case hearing.

Rajesh   07 January 2015 at 09:46

Could we used our own lawyer instead of public prosecutor in a rape case

hello All,

in a rape case, the public prosector is not supporting the complainant, so could we use another lawyer from the complainant side who could better present the case, if yes, under which provisions of CRPC, the said provisions are present.

regards,

vinodteja   07 January 2015 at 09:32

Regarding a property legal registration of b-form patta

I'm from Andhra Pradesh.I have a b-form patta land.I want to get an educational loan on this piece of land to study in abroad.But,is there any process to get a loan on b.form patta.

ramakrishna.r.b   07 January 2015 at 08:24

Post deceased daughter's sons eligibility

Dear All Experts,

HAPPY NEW YEAR 2015 TO ALL OF YOU.

My mother has got SELF-ACQUIRED Property in her name as she has purchased that property. She died INTESTATE in the year 1996. My father expired before my mother expired in the year 1994. Now we are selling her self-acquired Property. The problem now is the right of share in my mothers property. We are 6 children to my mother, 3 daughters and 3 sons. all are married.

2nd DAUGHTER (of my mother) DIED in the year 1999 AFTER MY MOTHERS DEATH AND SHE HAS GOT 2 MALE CHILDREN and her husband only. Her First Son got married and he has got a kid. When we sell our mothers Property the sale proceeds should be distributed equally for all children.

Will my mothers 2 Daughter stated above who died after my mothers death also gets a share ? As the Hindu Sucession Act says only about pre-deceased and not POST DECEASED.

If my mothers 2nd Daughter gets a share, then how that particular share has to be distributed among their family members ?

Please give me proper advice as we have to distribute the sale proceeds when the sale takes place in couple of days.

regards