Hi,
My friend has obtained bail from high court of one state where the case is registered. He is from another state. The bail order mentions about producing solvent sureties before session court magistrate for which close relatives from his home state stood as sureties and submitted their property deeds before the magistrate . Though the magistrate has accepted the sureties however has asked for the property solvency certificates and extended the time frame. In his home state there is no provision of solvency certificate. His lawyer has asked for official refusal of property solvency certificates by the concerned authorities from his home state under RTI act. I would request experts advice in this regard.
Which state your friend belong?
If there is no provision of solvancy certificate then get the official information in writing and relax the condition from the High court.
Dear Rhea,
Property Solvency means the Non - Encumberance certificate. You can get it issued from the Sub - Registrar office as well as municipal corporation under which the property falls. If judge does not satisfy with it then you can give the FDR of like amount before the court or in the name of court. each state has different procedures.
Rajiv Bhasin
Advocate
Bhasin Legal Consultants
SOLICITORS AND ADVOCATES
www.bhasinlegalconsultants.com
9811210505
MR. RAJIV BHASIN, I am from gujarat, as u mentioned that each state has different proceures., pls let me know can in Gujarat we give FIXED DEPOSIT against bill amount., because if person going for solvency the registered office demand heavy BRIBE., and u are well aware of this position in India. Pls advise.
Solvency certificate is issued in GUJRAT also, it is routine matter.
Alternatively you can apply in the other state sessions court to accept FIXED DEPOSIT receipt from approved bank.
At the most you may have to get the bail order modified but in same cost you can get solvency certificate.
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