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Rhea (NA)     30 April 2014

Bail issue for solvency

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.



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     30 April 2014

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.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     01 May 2014

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

heral (working)     01 May 2014

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.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     01 May 2014

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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