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Queries Participated

Anonymous   25 January 2012 at 17:43

Ratable distribution in drt matter u/sec 73 of c.p.c

Hi all, "A" is a Govt of India enterprise has obtained judgment and decree in a money suit against "B" in a District court, subsequelntly E.P is filed for attachement of immoveable property of "B".

"C" is a Private Bank (ING), has filed a case before the Debt Recovery Tibuanal(DRT) against "B" referred above for Recovery of Money under Mortagage of same Immoveable Property of "B" as "B" deposited the title deeds of the said property with "C" bank, and the said Case was ended in faovr of "C" Bank Ex parte and as on date whereabouts of "B" i.e Jdr in both the aforesaid cases is not known.

While matter stood thus though "A" filed E.P for attachment of property of "B" stated above, "A" could not attached the same at earliest point of time and as on date the said E.P is Pending.

Meanwhile "A" came to know through paper publication issued by "C" bank for conducting the open auction of said property of "B" on a particular date and prior to the auction date mentioned in the paper publication, "A" govt enterprise filed Claim Petition before the Recovery Officer, Debt Recovery Tribunal, for reatable distribution of the auction amount to it, though the First charge over the property of "B" is lying with the "C" bank. Now My question is

Whether the claim petitioner "A"i.e the Govt of India Enterprise is entitiled for Ratable Distribution as contemplated under Section 73 of C.P.C in the auction amount to be received by the "C" bannk, since no surplus amount is available after adjusting claim of "C" bank.

Whether C.P.C is applicable to the aforesaid Proceedings for ratable distribution?

V.G.Rao Advocate   01 September 2010 at 14:43

what is the remedy available to safe guard property?

Hi all,
My friend's father purchased a house property ad measuring 270 sq.yds in the name of my friend when he was minor in the capacity of guardian under a Notarized agreement of sale by paying entire sale consideration in the year 1987. Subsequently the father of my friend expired leaving behind his three daughters and my friend as his legal heirs.since the property stands in the name of my friend he made three portions of the aforesaid property and has executed two registered gift deeds for 40 sq.yds each in favor of his two elder sisters out of love and affection and handed over the possession to them, but he has not registered any document in favor of his third sister as her husband is not good by character but has delivered third portion consisting of 40 sq.yds to stay in as permissive possessors, and the remaining area of 135 odd sq.yds property portion he executed a registered gift deed in favor of his wife.The vendors under the agreement of sale are not disputing the possession of my friend nor the sale transaction, but to surprise of my friend his third sister without his knowledge has executed a registered gift deed in favor of her husband the portion claiming it to be ancestral property and given a new municipal number to the said portion which was not in existence at any point of time and apart the boundaries under the registered gift deed are not tallying under her occupation as a permissive possessors , and her husband in turn sold the property to third parties who recently dismantled the said portion and at present the said portion is open land and vacant, in such circumstances what are the legal remedies available to my friend to safe guard his interest and rights over the property of the said portion.Since the property purchased by his father was under agreement of sale, as on date property tax receipts were issued by the municipal authorties in the column of Owner as "PO"

V.G.Rao Advocate   03 May 2010 at 15:34

Memorandum of articles of flat owners association

Hi all,
I need a proforma of Memorandum of articles of flat owners association, and bye laws, and also a proforma of resolution to be passed by the members of flat owners association authorizing its Secretary for opening and operating S/B savings account. Its urgent kindly do the favor i will be thank full to you.

Anonymous   03 May 2010 at 15:33

Memorandum of articles of flat owners association

Hi all,
I need a proforma of Memorandum of articles of flat owners association, and bye laws, and also a proforma of resolution to be passed by the members of flat owners association authorizing its Secretary for opening and operating S/B savings account. Its urgent kindly do the favor i will be thank full to you.

V.G.Rao Advocate   17 February 2009 at 15:37

Interview quetioneer

Hi all,
I got an Interview call from quislex Legal services Pvt ltd for the Position of Legal associate, and the company description and its requirements are as under.
QuisLex Legal Services Pvt. Ltd (LPO). Is a division of QuisLex, Inc. headquartered in Manhattan, New York, USA. QuisLex provides high quality legal support services to corporate legal departments, law firms and legal practitioners. As a part of its expansion, they are on lookout for outstanding, exceptional and articulate lawyers with good interpretation skills, willing to join its team where only merit matters.

Job Description:

Position- Legal Associate,
Qualification-LLB/LLM from India or abroad,
Key Skills: Legal Knowledge, Good Analytical skills, Excellent written & communication skills must.

Responsibilities:

- Contract Review
- Contract Management
- Litigation Support
- Legal Research.
Could any one help me to prepare for Interview, by providing tips and expected questions, and how to answer them, and dress code to appear before HR authority, I don't have prior corporate experiance, Please help me to get success. thanking you

V.G.Rao Advocate   14 February 2009 at 11:55

138 N.I.Act

Hi all,
I am a complainant side advocate in 138 NI act case filed by me, I have examined complainant as pw-1, and subsequently he was cross examined by counsel for accused,now the matter is coming up for complainants side further evidence, while matter stood thus, the complainant died leaving behind his wife and two children who are still minors, now my question is whether his legal heirs can continue his case filed under sec 138 NI act, if yes under what provision of law i can seek leave of the court to bring LR's of complainants side on record, provide me information citing any case laws in support of my case.

V.G.Rao Advocate   11 January 2009 at 16:09

Patentent Assignment

Hi all,
I need a patent assignment document relating on any subject(on any invented property or things, or medicines etc) , since i require the same as a proforma.

V.G.Rao Advocate   07 January 2009 at 20:04

can pronote for Rs (15) lakhs can be used for specific performance of agreemnt?

Hi all,
A land lord agreed to sell his property to his tenant who is in possession for Rs 35 lakhs and the tenant has paid a substantial amount of Rs 15 lakhs to the land lord, but the tenant instead of entering into the agreemnt of sale has taken a promissory note for Rs 15 lakhs and obtained land lord's signatures on pronote and receipt on one rupee revenue stamp affixed thereon. Later due to resons best known to land lord refusing to sell his property to his tenant, under the said circumstances,
Now my question is now the tenant can maintain a suit for specific performance agreemnt of sale of the property on the basis of pronote executed by land laord since it is intended by both the parties to sell and purchase the property?

V.G.Rao Advocate   07 January 2009 at 19:30

Limtation act

Hi all,
There is an agreement of sale dated 25th day of July 2007 entered between owner and purchaser. At the time of agreement purchaser paid certain amount in advance, possession is to be delivered after registration of sale deed,and one of the clause of the said agreement reads as under,
"the remaining balance sale consideration amount will be paid by the purchaser to the owner on or beore 12 months or at the time of registration which ever is earliar and both parties agreed for the same".
Immediate after the date of the agreement of sale, till date the purchaser neither offerd the balance sale consideration to the owner nor shown any interest to get the sale deed registred with the owner, so far no legal notice is issued by the purchaser to show that he is ready and willing to perform his part of contract to register the sale deed in his favor by paying balance sale consideration.
While matter stood thus one "X" person is now intending to purchse the same property with the aforsaid owner by paying at present marke value.
Now my question under the said circumstances 1)whether purchser can maintain a suit for specific performance of agreement of sale dt 12th july 2007?
2)If he files such suit, i want to know whether the said suit will be barred by limitation?
3)can owner now cancell the aforesaid agreemnt of sale by issuing a legal notice to the purchaser?
4)whether owner can enter in to another agreement of sale with "X" at present market value by cancelling the earliar agreemnt of sale?

V.G.Rao Advocate   25 December 2008 at 10:37

Succession certificate

Hi Everybody,
My friend's father expired recently leaving behind his wife and two sons. During his life time my friend's father deposited a sum of Rs 8,000/- in the postal department savings scheme, after his death when my friend approached the postal department they insisted him to obtain succession certificate from the court,At present a total sum of Rs 10,000/- is lying to the credit of the decesed person.
Now my question is for mere sum of Rs 10,000/- is it necessary to obtain succession certificate?
2) is there any spececific minimum amount is there for obtainaing succession certificate in the succession act?
3)How far it is reasonable for the postal department to insist my friend to spend legal expenses which work out 50% of the amount lying in the postal department for obtaining succession certicate for getting megre amount of Rs 10,000/-?
4)Is there any case law which says "No succession certificate is required for obtaining debts up to megre amount of 20,000/-? if yes kindly provide me a suitable case law to avoid all legal expenditure for obtaining succession certicate for the purpose of a debt which is megre amount of Rs 10,000/-lying to the credit of deceased person in the account of postal department. it is very very urgent kindly help me in this regard.