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ajay sethi's Expert Profile

Queries Replied : 31529

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    What kinds of questions I can and can't answer?
    queries relating to divorce cases, summary suits, winding up petitions , consumer forums ,bank cases, coopearive hosuing societies

    My area of expertise
    civil cases, customs cases , consumer cases, DRT matters

    My experience in the area (years):
    22

    Organizations I belong to:
    none

    Publications or writing which has appeared :
    none

    Educational credentials:
    BA economics Hons LLB

    Award & Honors:
    none

  • Member (Account Deleted) says :
    Dear Sir, My father is a retired senior PSU executive who applied for a reverse mortgage loan with IDBI Ltd. As on date their is nothing outstanding on the property except the current ongoing home loan with HDFC.As discussed with the IDBI bank people it was assured that bank would clear off the remaining outstanding in the name of the property to be mortgaged with the sanctioned RML Amount.All the legal and technical(valuation) was done at my father's cost satisfactorily. Unfortunately now the bank people say that his cibil investigation shows some delay in payment of EMI'S Which makes the asset stressed and disqualified for RML. The questions which are bothering me are- 1)He was never a defaulter of any financial lending institution. 2)Apart from certain delays in payment of EMI's in respect of the home loan due to stressed finances at his end, its still paid regularly and the asset is not in NPA category. 3)There are no outstanding dues against the property. 4) As understood & discussed with professionals, the “Reverse Mortgage loan “ is not to be treated as a normal Loan against Property where EMI credibility/ Credit worthiness of the borrower is to be ascertained by the bank thru CIBIL report investigations. Here the property is reverse mortgaged to the bank by the beneficiary (Sr. Citizen) who has no source to finance his pressing family needs. I have even studied the National Housing Bank (NHB) guidelines for RML. I understand that CIBIL score has no role to play in this case as the borrower opts for this only when he has no means of earning for meeting EMI burden. The question of credibility limits only to the extent that the deed is clear . As far as I understand the basic intention with which the Government of India launched this “RML Product” under the National Housing Bank Guidelines ,was with the prime motive of helping the aged and the needy senior citizens to lead a life of dignity in their golden years of life when they have no one to support and no source of stable income left, thereby utilizing the equity of their self- owned and occupied residential property to come to their rescue. It’s not a regular home loan transfer from one bank to another bank or a equity based mortgage where the borrower has to pay regular monthly installments to the bank, that the question of my father's residential property being called a ‘stressed asset” comes in to picture. Here the borrower throughout his life doesn’t have to service the loan and hence requirement of seeing past credit history has no relevance at all. I would be grateful if you can guide me thru...and advice me appropriately that what he can do to claim his justified right of getting the loan. Regds Rashmi Upadhyaya LL.B (Final Yr) CS (Executive) email: rush4uonly@yahoo.com

  • Kaushik Nandy says : Tenant Eviction
    Ejection suit won by me in 2007, now in execution petition for police help, tenant is dozing the attendance by producing medical certificate, by saying that his lawyer has misguided him and hence wants to change lawyer and in that way seeking restoration petition although H.C has given warning for three times, to him that in case of further absence or other reasons for delay final ex party decree will be given. SO what is the way out.

  • shweta says : police verification for bank job
    respected sir/mam, in 2010 two groups of my friend were fighting in front of my house. i intervined n stoped them to fighting. both parties go to police ..one party put my name in the matter....police registers 751 against both parties but against my name 750........after few months sdm court discharged both the parties...at that time i was doing MBA....now i m selected in a bank ..my joining is ahead...but i fear i will reject in police verification. i m in dep depression ..kindy tell me that what can and what should i do in this matter so i can do a job.........i will be very thanful for ur suggestions

  • rajan kumar says : Help me this is very urgent
    General power of attorney : Following acts were given to attorney by principals: I. To appear and act in sorts civil criminal revenue and other offices in district. II. To appoint advocate or vakils to sign vakalats petitioners plaints written statements counter memo or appeal grounds in the officers departments and courts mentioned in clause I. III. To present sale deeds or documents or other papers signed by the principals in registration offices in district. IV. To receive documents and other papers from the above mentioned offices and courts and tribunals. V. To take delivery of property or and to give delivery of possession on behalf of principals in pursuance of any sale transaction. VI. To admit receipts or consideration before registration before registration offices in district on behalf of principals and sign receipts. I uploaded some of the clauses in GPA. From these points does the attorney has the power to do registration of plots signed by himself. ?? or only the principal has the power to do the registration of plots.?

  • chandra shekhar mangal says : please suggest me
    i am working in an organisation as a management trainee.its about 6 months. but they are not giving me any appointment letter and my original documents are with them they are not giving these documents also so please suggest me what the steps i can take to take my original documents. its a limited company

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