Vivek Shukla
08 August 2008 at 20:39
One Bank has branch which is not notified town as per Transfer of Property Act where one person has deposited Agreement to Sale of his Flat with intent to create Deposit of Title Deeds. However as it is not a notified town, the documents have been deposited by him with another branch which is a notified town and the disbursement of loan has been shown in the villge which is notified and account is maintained therein. The bank did not cared to get noted the charge on 7/12 extract of said property. subsequently after 5 years my client has purchased the said property who is a bonafied purchaser for value without a notice. he had published a notice in largest daily circulating in the area but he didnot received any objection. he has taken all the care he can. As the charge has been not noted and as there was no objection, the mortgagor has sold the property to my client and has now absonded. Now Bank has started the proceeding under 13(2) of SARFESI Act against my property and to protect my property MY client has filed a suit for injunction and his contention is that There is no valid deposit of title deeds, moreover as they are not deposited with the branch which is notified, its not valid one and bank has no charge. So also Agreement to Sale cannot be a document of Title. Now Bank is saying that its mortgage is valid one and there is a correct deposit of title deeds. Please send me the authorities of Supreme Court on this point saying that Deposit of Agreement to Sale is not a Deposit of Title Deeds. and if documents are not deposited in a notified town, it will not create a valid charge and there is no valid mortgage.
Vivek Shukla
01 August 2008 at 19:48
1996 (1) Maharashtra Law Journal is a Division Bench Authoirity K Ramaswami and J.B. Patnaik, JJ and it is held that the provisions of limitation act are not applicable and the reference has to filed to the collector within 42 days. therefore after 1996 the delay is not condoned in Maharashtra. if there is any authority after 1996 of Supereme Court saying that the delay can be condoned under the Land Acquisiton Act for filing reference ? Pls send us the lattest authorities of Supreme Court alongwith the full text.
Vivek Shukla
30 July 2008 at 21:03
whether a reference U/s 18 of Land Acqusition Act filed after 42 days can be considered and delay can be condoned and the famous judgement of 1996 Maharashtra Law Journal in Officer on Special Duty V/s shaha Manilal Chandulal is still good law or over ruled ?
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