LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sampat mane   27 June 2018 at 14:54

Auction property related querry

I bid for an auction property from a Bank and was convinced somehow by the Bank Manager to purchase the same. This without checking & making due deligence. This propety was auctioned with a term "as is where is basis" After the succesful bid it was found that even the society had raised dues agains this property. The Property in question has a following history. The property was purchased by a builders relative on the completion of the Building. Later he mortgaged this to the Bank. But failed to pay the installment and its interest. Now this person is obsconding and nowhere to be found. The property was siezed by the bank and auction notice was processed. During this process the society was formed and except for this owner everyone contributed to its intitialization funds etc. This property is at good location but not maintained (both interior and exterior) till date. Presently, I have purchased this peropty and wish to get membership of the society, get this repaired and also settle the outstanding dues. But the exhorbitant amount is a deterent for settlment. Can any learned advocate put some light on the issues as below :

1. What are my rights as purchaser whether I will have to pay the principal and interest till date as levied by the Society
2. Is their any court where i can present my case and get releif from this harassment
3. I have been told that the membership or repair or any connection (both electrical / water) cannnot be given unless I pay the old dues.
4. I am ready to pay the maintenance from the date of my occupation ie. 1 year but they insist to get the old dues too.
5. The Bank has asked to settle the same with mutual understanding as they have sold this property "as is where is" 6. The Soceity till date has not issued any notice to the holder of this property underSection 101 vide amendment to the M C S Act 1960 7. Is there any way I have can settle at the minimum cost.
Please advise or can mail me on sampatmane@yahoo.com / Mobile 8097681958

Prakash R   27 June 2018 at 02:05

Usufructuary mortgage

Hello ALL,
Mortgage deed executed 50 years ago. Mortgagee is in possession of immovable property since then. Both mortgagor and mortgagee have died. Now the immovable property is in the possession of mortgagee's children. The RTC shows that the immovable property is still in 'mortgage condition' on the name of the mortgagee.

Now the children of the mortgagee wants to transfer the property in their name with full ownership. Please advice on how to go about it in detail.

Advocate M J   26 June 2018 at 21:38

Sarfaesi act

Honourable jury members, I have challenged the DRT order Bangalore in DRAT Chennai, for which DRAT issued orders to pay Rs.4 lakhs on 17.6.2018. On the day of hearing neither my lawyer nor I appeared due which the case got dismissed for want of not complying the condition I am ready to pay the amount of Rs. 4 lakhs can I approach High Court of Karnataka and file a W.P. KINDLY SUGGEST ME WHAT TO DO
- MJ

Anonymous   26 June 2018 at 17:05

Civil Suit Originating Summons

Respected sir (s)/madam(s) of this group, I have in my possession a deed of gift which was registered in book 4. For due interpretation of the deed a civil suit originating summons had been initiated. Plaint was admitted and court fees were paid and scrutiny completed. The matter was ordered to appear as a chamber application and subsequently transferred to another honorable judge as a routine changeover. The defendants have asked for extension of time and filed a written statement. Will the matter appear as a chamber application? What will be the next course of action?

JAYA   26 June 2018 at 11:48

Fraud in land registration

Hello sir/madam,
We purchased plots in layout, after registration and paying all amount we noticed seller has put wrong address which is not in existence in that layout. when we ask for rectification the seller stopped responding to us.. now we have file FIR against him, we are scared with the attitude of police they indirectly said us they have pressure for localities to help local people even though they r wrong . police interrogated seller in front of us and was confirmed that he is fraud. police have given him time to refund us.. but there is no response from seller and if i called police they just say they are investigating with others who involved in this fraud.. plz sir help me we have lost out 15 years hard earned saving, want our money back ..
Thanks in advance.

T.T.Ghosh   26 June 2018 at 10:04

Time Limit granted to remove defect as per notification

1)What is the Time Limit as per Law granted to the advocate to remove defects as per notification issued in SLP in SC ?

2) If Time Limit barred than what steps can be taken by Registrar of SC ?

S reddy   21 June 2018 at 12:13

Regarding first appeal

Partition Suit is decreed with preliminary decree, if both parties wants to file appeal regarding judgement i.e plaintiff and defendants, which will be considered as apellants. and respondents

Mr Sreejit   20 June 2018 at 03:11

Can i file petition for multiple purposes under sec 151 cpc

a defendant is having a strong case.

Both of his counsel did not advice to file petition under O7 R11.

Ad-interim Order of Inj and Statusquo is granted to Plaintiff.

Plaintiff also filed 3 seperate ammendments to add some additional properties.

the case is now in 'Ad-Interim Inj Hearing ' stage since past 5 years.

no movement happenning

the defendant want to file petition under O7 R11, O39 R4, O7 R14, Section - 9 (Res-judicata) and an order to relieve defendant 2 from the suit who has no right, interest or title to the suit property.

Can all these petitions be filed under one composite petition under section 151 of CPC or should all these had to be filed separately? Please suggest.

II. IF an application u/s 340 CrPC be filed for the fraud in affidavit of a civil suit in the same court, please advice if service should be served on Opposite Party. Will the Judge give a separate date for hearing this petition or will it be heard in the presence of the opposite party?

will the judge pass order for investigation to the magistrate court? if this is not hapenning, what is the next solution??

LaxmiNarayan   18 June 2018 at 15:36

Order 21 rule 97

The decree holder file application under order 21 rule 97 before the executing court for the police protection as he is not able to get possession of the suit property by the bailiff due to unrest that.

Now the question is that... can the application be rejected . if it is rejected whether it can be appealed . if the executing court is the sr. division then where the order could be appealed.

The grounds of the rejection of the application . Please suggest ..

Anonymous   17 June 2018 at 23:27

Sweepstakes or contest

I want to start a website in which dance videos will be posted by contestants. Entrance fees for the competition will be there. The person getting most likes will be winner..
Similar competition will be done for best photography.. Contestants will post photographs taken by them and competition will be held.
Will it fall under sweepstakes?? Is it legal