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shital   18 June 2014 at 11:41

Declaration seal

how many fees are required to take stay order on a row house price 25,00,000/-

Pratik   18 June 2014 at 11:36

Information about law course offered in d.g.ruparel college,mumbai.

I want to know about law course offered in D.G.Ruparel College,Mumbai on the following grounds.

1)Eligibility criteria.
2)Attendance rules.

Thanks & regards,
Pratik.

sailesh   18 June 2014 at 11:30

Gift deed

If father in law wants to transfer an immovable property to daughter in law through gift deed in Surat , Gujarat....Then how it can be done...?? i mean what fees or charges are to be paid....??

And also after Registration of Gift Deed , whether the same gift deed can be challenged or revoked.....??
For e.g sasur transfers immovable property in name of his bahoo....then after registration of gift deed , whether legal heirs of donor i.e sasur can challenge this gift deed.....?? Can they succeed in the same....??
Please do the needfull.....

shital   18 June 2014 at 11:29

Declaration seal

how many fees are required to take stay order on a row house price 25,00,000/-

mysweethome   18 June 2014 at 11:26

Can i get my land back ?

My uncle had sold his property 1 year ago, and the agreement was mutual understanding.
My uncle sold the land , based on the mutual understanding bond stating that - my uncle can get back the land within 5 years, once he can pay the desired amount to them.
But, my uncle has only the xerox copy of the agreement .now they are saying , it can't be given back to my uncle. Is there any way to help him. Pls help him. Thank you...

v@msi   18 June 2014 at 11:03

Spelling mistake in surname

Hi,
In my educational certificates, a letter(in SURNAME) was misspelled but in my PAN CARD, VOTER, DRIVING licence ID, it spelled correctly, now i want to apply for PASSPORT.
How can i apply for the passport with surname different in SSC and ADDRESS & IDENTITY PROOFS and please tell me the procedure for it?

aryan   18 June 2014 at 10:55

Sumone taken student tc and without tc student name cancel from school

i m usha,going on divorce and family matter case between me and my husband.my 12years child live with my parents means nana-nani from when he was 6months,he never live with father and his father never taken his responsibilty before and he stay in village,bt now he taken TC from school and never give return back and school principal said if original tc not submitted within 12days so students name cancelled from school.pls suggest me what i do for my child

PREMALATHA.M   18 June 2014 at 10:23

In service upgradation

As Iam rendering my service in KARNATAKA POWER CORPORATION LIMITED as a helper on compassionate grounds , i have completed my B.E (Production engg) at shivaji university(Maharastra), kpc is considering B.E( industrial production but not production engg),many of our colleagues has been upgraded on same d qualification. plz suggest me can i approach to karnataka administrative tribunal regarding the same issue. orelse suggest me the alternative approaches.

PEER MOHAMED   18 June 2014 at 10:18

Encumbrance created on my property by sales tax dept's dstraint order issued on my previous owner

Good day!

I need your expertise / valuable advice on vacating the Encumbrance filed on 10.03.2008 by the Sales Tax Department as per the Distraint Order(form 1, under sec 8)of the CTO dtd 07.03.2008 against the recovery of Sales Tax Dues from the previous owner of the property, which mortgaged property was taken possession by the bank on 11.03.2004 & on 23.01.2007 itself under sec. 13(4) of SARFAESI Act 2002 and was sold by 'Tender cum Auction Sale' to one 'X' by the bank on 31.01.2008, on 'as is where is' & 'as it what is' basis a 'Sale Certificate' dated 22.02.2008 stating that the sale of the scheduled property was made free from all encumbrances known to the secured creditor, which property was further sold by 'X' to me on 05.12.2012, when we noticed the Encumbrance on the property.

Sir, I am very much aware that it is the duty of 'X' the Vendor, who sold the property to me, to resolve the previous liabiities / encumbrances, as he bought the property in an auction from the bank on 'as is where is' and 'as it what is' basis. So, I shall send a legal notice to him asking him to get all the pending liabilities / encumbrances settled and to get me a clear title of the property sold to me.

Here, apart from the legal aspect, even though he is liable, as per the fact, he is an innocent / bonafide auction purchaser, who bought the property from the bank, who requires my help / assistance to get out the unexpected issues / litigations arised later after the Sale Certificate was issued to him, in which, Sale Certificate, the bank has confirmed by mentioning that THE SALE OF THE SCHEDULED PROPERTY WAS MADE FREE FROM ALL ENCUMBRANCES KNOWN TO THE SECURED CREDITOR ON DEPOSIT OF THE MONEY DEMANDED BY THE UNDERSIGNED, eventhough the Tender Notice says that THE PROPERTY SHALL BE TRANSFERRED / CONVEYED ON 'AS IS WHERE IS' BASIS AND 'AS IT WHAT IS' CONDITION BY MEANS OF A 'SALE CERTIFICATE' IN THE NAME OF THE PURCHASER ONLY.

Here, my questions are

1. Whether we can deal directly with the Registration Department asking them to remove the Encumbrance made on the property of 'X' by the Distraint Order (Form1 under Sec 8) of Sales Tax Department dtd 07.03.2008 towards the recovery of Tax Dues of 'A' during 1991-1996 FY, before which encumbrance date the property was duly sold to 'X' by the bank through an Auction Sale on 31.01.2008 (as the same property was taken possession by the Bank on 11.03.2004 & 23.01.2007 itself under sec.13(4) of SARFAESI Act 2002, as 'A' had motgaged the said property in favour of the bank against the credit facilities availed by him and defaulted) and the Title of the Property was duly transfered / conveyed to 'X' by the Sale Certificate issued to him on 22.02.2008 itself, and 'X' has already taken possession of the said property by then, eventhough in the books of SRO, the ownership might have been in the name of 'A', as the 'Sale Cerificate' was not registered.

2. Whether the Sales Tax Department has the rights to attach / make encumbrance on the sold property on 07.03.2008 for the recovery of tax dues of 'A' during 1991-1996 ?

3. As I know a little about the Government Tax Dues / Revenues becomes the first priority in collection and becomes first charge above all, I equally understand that SARFAESI Act 2002 overpass all other existing laws, which please clarify?

4. When the bank made the sale with the condition that 'as is where is' & 'as it what is', whether these terms define the condition of the property or those conditions are applicable even on the title of the property as well?

5. Moreover, even though the sale condition was 'as is where is' and 'as it what is' basis, as the bank further in the Sale Certificate says that the scheduled property was made free from all encumbrances known to the secured creditor on deposit of the money demaned by the undersigned, the Auction Purchaser 'X' becomes bonafide / innocent for the present litigations. Am I right? Then, as the bank becomes responsible, shall we approach the bank to settle the issues?

6. Or, should we approach the Sales Tax Department for the remedy, as they have done a wrong attachment on others' property for the recovery of some ones' tax dues? Here, I read some articles that towards the recovery of Tax dues / Revenue dues, they can attach the sold properties as well, which please clarify the applicability in our case.

7. If only solution is to go to the court for remedy, what me and 'X' have to do? What type of case to be filed? On whom should be filed? How long will it take for a solution?

8. After all, I need the encumbrance / litigation on the property to be cleared immediately at the earliest (?) so that I can avail bank loan on that property to carry on my business, which loan was primarily got sanctioned. FYI, I totally forgot about the encumrance on the title of the property, when I approched the bank asking for a loan. Now, the bank is after me and asking me the full set of documents with a new encumbrance certificate for the disbursement of loan. Now only, I got the memory of the Encumbrance created by the Distraint Order of Sales Tax Department on the property and hence, not given the documents to the bank and delaying the loan process from my end, as I have a good reputation in the bank. If I tell the bank manager now about the encumbtrance created on the property on 07.03.2008, he may mistake me.

Hence, advise me how should I handle the situation to come out of the issues quickly. Your prompt response by return would be highly appreciated.

Thanks and regards,
A.Peer Mohamed
Ph. +919444361786
Mail: apm.peer@gmail.com

anuyamahajan   18 June 2014 at 09:58

Procedure of civilc suit in banglore court

hello sir/mam,
i have to file a suit regarding recovery of money in Bangalore court so plz any senior who is practicing in that court, reply me the procedure to file a suit in that court... i am currently practicing in pune dist. court.
waiting for reply. Thanku