YATIN
28 March 2014 at 13:10
Sir
My matter relates to purchase of property at Nasik from bank in auction. Union Bank of India had kept as mortgage a plot in Nasik belonging to one of its borrower as security. When borrower was not able to repay loan taken from this bank it started procedure under Serfaesi Act and issued notice in press and accordingly we entered bidding process and were chosen as qualified buyer. We made payment to bank and bank executed sale certificate in our favor for said property.
However the original borrower approached Debt Recovery Tribunal and tribunal gave a status quo order/stay. Since four years case is not reaching and we are unable to get title and possession in our favor.
My queries are:
1) When bank has completed procedure under Serfaesi Act can borrower stop or create hurdles in this transaction?
2) When bank had lien over title of property and executed sale certificate in our favor does Debt Recovery Tribunal has any judicial authority to enter and stop this transaction?
3) What should be done to get titles in our favor without waiting for DRT hearing which may take years since it does not have sufficient no of judges to decide matters and back log is very heavy?
kamlesh
28 March 2014 at 13:07
I had purchased an agreecultural land by an unregistered agreement from party X and payment scheduled was twenty lac advance and rest amount before 10 june 2014. I execute an unregistered agreement to third person Y to sell this property and payment schedule was one lac advance & rest before 27 may 2014. I feel Mr y shall not make payment in time.There is a condition in the agreement that i will pay two lac to Y if not execute saledeed. The brokers of Y have taken one lac seventy thousand as brokerage and gave me receipt on the backside of photostate copy of agreement executed with Y.May i cancel the agreement with the person Y before the time given to him. pl suggest me soon.
kamlesh
28 March 2014 at 13:04
I had purchased an agreecultural land by an unregistered agreement from party X and payment scheduled was twenty lac advance and rest amount before 10 june 2014. I execute an unregistered agreement to third person Y to sell this property and payment schedule was one lac advance & rest before 27 may 2014. I feel Mr y shall not make payment in time.There is a condition in the agreement that i will pay two lac to Y if not execute saledeed. The brokers of Y have taken one lac seventy thousand as brokerage and gave me receipt on the backside of photostate copy of agreement executed with Y.May i cancel the agreement with the person Y before the time given to him. pl suggest me soon.
kamlesh
28 March 2014 at 13:00
I had purchased an agreecultural land by an unregistered agreement from party X and payment scheduled was twenty lac advance and rest amount before 10 june 2014. I execute an unregistered agreement to third person Y to sell this property and payment schedule was one lac advance & rest before 27 may 2014. I feel Mr y shall not make payment in time.There is a condition in the agreement that i will pay two lac to Y if not execute saledeed. The brokers of Y have taken one lac seventy thousand as brokerage and gave me receipt on the backside of photostate copy of agreement executed with Y.May i cancel the agreement with the person Y before the time given to him. pl suggest me soon.
Reshma
28 March 2014 at 12:53
Hi,
1. Want to if the Industrial employment Standing Orders have been made compulsory to software/pvt co/commercial establishments in Karnataka. In 2012/13, there was proposal to remove exemption granted since 1999? Please clarify.
2. Some pvt companies/software companies have Service Rules. What is the legal sanctity of this. Is it the same as IE(SO). Should they be certified. If the company just has Service Rules and makes employees sign them, what is the legal effect of that. Appreciate if you can clarify these two questions in detail.
yogesh
28 March 2014 at 12:44
Ld respected members
I am advocate and framed by SIL on the account of demanding dowry ( car and flat as per her FIR)..I filed the quashing petition before the H.C which was initally stayed but was dismissed by the H.C..SLP was also filed which uphled the same order of H.C and then review was filed which is pending there in SCI
Meanwhile state has filed the chragesheet, I again filed the quashing petition which was admitted ( without stay) and is ready for final disposal
The trail court is proceeding for framing of charges and has fixed the date for arguments..I moved an application for discharge(239 CrPC)but magaisrate has verbally instructed me as well as to my trial court advocate that he will dismissed in just 2 lines as quashing petition is pending there before the H.C
i MEAN TO SAY WHEN LD JMIC can proceed for framing of charges why cannot he entertain the application of discharge and dispose off on its merits??
If the Ld JMIC admantly proceed for framing of charges..In such case whether I can approach to H.C for directions?? or I should wait for framing of charges and file the revsion petition before the session court against framing of charges...Please give expert opinion sir
Shiv
28 March 2014 at 12:31
Dear Expert sir,
I m submitting this urgent issue for your expert opinion.
I have been put in possession of property since last 7 years by the owner husband (please not that there is no document/contract made and act done in good faith). He was working in other city and used to come and stay in the property as he used to get free time. We were almost like a family members and he being senior. He also have his personal belongings in the property like car, TV, Laptop, some documents etc. There was a dispute of ownership of property between owner husband and his wife and the matter is in court. Both are leaving separately since 2000. There are other litigations among them pending in court.
Now suddenly in other city owner husband died because of heart attack just 9 months back. Since after his death his residence in other city has to be evacuated I brought his belongings to his place where I live after giving undertaking to the organization in which he used to work & stay.
My possession was peaceful till owner husband died 9 months back. Now the wife of deceased husband has filed a private criminal complaint against me under section 379, 384, 403, 404, 406, 418, 441 of IPC and prayed for investigation under section 156 (3) of Cr.P.C. The Magistrate has rejected their prayer for investigation under section 156 (3) and put the matter for next date for verification. Immediately the wife has filed Criminal Revision Application. And matter is for argument. Next date is 02/04/2014.
In above mention facts and circumstances I seek your advise for the options of defense I have.
(1) Should I declare the belongings of owner in my possession to authority like police or any other in advance in view that the investigation will take place.
(2) Can I appear in Criminal Revision Application and defend my side.
I believe this is very hard time and mental harassment for me. Will appreciate and be grateful for any suggestion/ opinion.
htt
28 March 2014 at 12:13
My cousin brought a flat in Pocharam Ghatkesar Mandal Builder is Gharonda Brahma
They paid the amount in 2011 and builder has not started construction till now in documents it was mentioned that builder will handover in april 2014 but till now no construction work is going on not even single slab
Please suggest how to get the money from builder
Mrs.n
28 March 2014 at 11:23
Hi,
There is a 120 apprx sq.ft residence area of (paghadi) in Charni road.
“A” person aged 90 years old is staying in this house since last 50 years .His wife has expired 4 years back. He has 3 daughters and all of them are married.
Now, the person “A” is very old and not keeping well. The room in which he is living of paghadi .
There is no quarrels between 3 daughters.
Query
1) After “A” ---can his daughters inherit this property without any legal mess as this is paghadi system and landlord can create problem.
2) what happens to such property when its empty
3) can his elder daughter remove her name from existing rationing card (in laws place) and add name in his fathers rationing card so that claim in the room is protected.
4) The main reason for asking query is to get suggestion from you all experts how to protect the right in this property so that landlord do not create any problem in inheritance.
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Regarding the civil judge duties
Dear Sir,
behalf of my fatherinlaw I'm posting this query please help ....
when Junior Civil Junior Judge don't attend to his duties such as Injunction in time , due to which as already damages to property of plaintiff done by Defendants. What is the best action which can be taken to punish judge for negligence in discharging his duties.
If any case laws please explain in detail....