dheepak srinivasa
07 February 2012 at 19:27
I have deposited money in a finance company and the finance company did not pay interest and principal when approached they gave me land documents in the name of the finance company to reassure me that principal and interest will be paid
1. Now since they didnt repay I have institutated a money suit and have shown this documents as deposit of title deeds which is a equitable mortgage. But I have depositED all the FDs in original with the court along with the last interest payment reciepts but I have not deposited the land documents original in the court but have detailed the description in my plaint/PETITION. DO I HAVE TO DEPOSIT THE ORIGINAL LAND DOCUMENT IN THE COURT OR NOT???? SO FAR THE COURT HAS NOT ASKED IT BUT DURING THE CROSS TODAY THE OTHERSIDE COUNSEL PUT A QUESTION WHY I HAVE NOT DEPOSITED THE ORIGINAL LAND DOCUMENTS.Do I have to deposit as per law???
2. The high court has also ruled that the finance company has depsited the title deeds to me therefore further attachments is not required. But based on this rulinng from the high court can I create an encumbarance in the registrar office of property ( for a equitable mortgage/deposit of title deeds)??? I just dont want the finance company to sell this off. because now there is no encumbarance as the court has admitted this as only a deposit of title deeds by the finance company to me. how should I protect my interest? can the finance company sell of the property without my knowledge as this court order will not be refected in the Encumbarance?
M/s. Y-not legal services
28 November 2011 at 21:01
good evening experts.,
this query may be hurt somebody., even i dont care about them. they are deserve for that.
now a days some of experts giving answers only for increase their scores and points in hall of fame., their true intention not to give opinion to layman, not to solve their problems., using some tactics for scoring.,
am request you to stop these things.,
am collecting statistics about their points details., while i resolve this query i will disclose their name and their tactics to earn points.
please experts support me to save the dignity of this forum's.
with love,
tom
Sabir F. Mulla
21 November 2011 at 18:06
Dear Sir,
We have issued cheque of Rs.50 Lakhs in favour of SBI to issue Demand Draft in favour of M/s XYZ corporation for statutory payment in Dec-2004. Now M/s XYZ corporation is saying they have not received any Demand Draft. Also we are not able to trace anything which can establish that we have given Demand Draft to M/s XYZ corporation. We have requested SBI to give us the clearance details of Demand Draft but SBI is saying since the matter is old it will take time to get the details. Here I have following questions in my mind??
Suppose if Demand Draft is not presented for payment, how SBI will manage unclaimed amount of Demand Draft??
If Demand Draft is not presented for payment till date, will SBI be liable to re-issue the same with interest??
Is there any guideline of RBI or any statutory law available for Bank available to manage unclaimed fund??
Please explain my above questions as early as possible, it will be of great helpful to me.
Kind Regards,
Sabir Mulla
Equitable mortgage by deposit of title deeds
I have deposited money in a finance company and the finance company did not pay interest and principal when approached they gave me land documents in the name of the finance company to reassure me that principal and interest will be paid
1. Now since they didnt repay I have institutated a money suit and have shown this documents as deposit of title deeds which is a equitable mortgage. But I have depositED all the FDs in original with the court along with the last interest payment reciepts but I have not deposited the land documents original in the court but have detailed the description in my plaint/PETITION. DO I HAVE TO DEPOSIT THE ORIGINAL LAND DOCUMENT IN THE COURT OR NOT???? SO FAR THE COURT HAS NOT ASKED IT BUT DURING THE CROSS TODAY THE OTHERSIDE COUNSEL PUT A QUESTION WHY I HAVE NOT DEPOSITED THE ORIGINAL LAND DOCUMENTS.Do I have to deposit as per law???
2. The high court has also ruled that the finance company has depsited the title deeds to me therefore further attachments is not required. But based on this rulinng from the high court can I create an encumbarance in the registrar office of property ( for a equitable mortgage/deposit of title deeds)??? I just dont want the finance company to sell this off. because now there is no encumbarance as the court has admitted this as only a deposit of title deeds by the finance company to me. how should I protect my interest? can the finance company sell of the property without my knowledge as this court order will not be refected in the Encumbarance?