Simpson Emmanuel
15 March 2013 at 11:35
I have a property (House)in chennai which was bought 12 years back. I had decided to sell this property and had received interest from a prospective buyer. During legal review the buyer has requested for a legal heir certificate from the previous owner. I had not collected a legal heir certificate during purchase but had ensured that the seller had signed the document with the entire family during the registration process. But the buyer is still insisting on the same and the deal is on hold due to this reason. I am not in touch with the previous owner and am unable to trace him. Please advice as to what is the way forward
akash
04 February 2013 at 14:34
Hello Experts,
A loan agreement needs to be registered between a private limited company (borrower) and one of its shareholders (lender). Both the borrower and lender want to keep the original agreement since they want something which is legally enforceable through court.
What should be done? Can a notarized copy be enforced in the court? I think the lender normally keeps the original, whereas the borrower gets a copy. What could be done so both the parties have a legally enforceable document (valid in court)?
Thank You in advance
Vinesh K Chhaya
01 February 2013 at 20:41
RESPECTED ALL
MY CLIENT IS A DEBTOR OF A MULTISTATE CO-OPERATIVE BANK IN GUJARAT. HIS PROPERTY ALREADY ATTACHED UNDER PROVISIONS OF SARFAESI ACT-2002, SECTION 13(2) AND 13(4) ARE ALREADY APPLIED. PROCEDURE OF AUCTION FULFILLED, EVEN THOUGH THE ADVERTISEMENT OF INVITING TENDER HAVE PUBLISHED 3 TIMES, NO ONE CAME TO PURCHASE SUCH IMMOVABLE AND MOVABLE PROPERTY. DURING THE TIME OF PROCEDURE, MY CLIENT HAS ARRANGED AMOUNT OF DEBT BY DIRECT SELLING OF PROPERTY..
MY QUESTION IS THAT "MY CLIENT HAVE THE FIRST PRIORITY TO SELL THE PROPERTY IF NO TENDER ARRIVED?
EXPECTING JUDGMENTS WITH DETAIL....
THANX
VC
Aftab4u
28 December 2012 at 21:27
How to get the GPA for the mentally retarded person as court has appointed me as Guardian for her property will that is sufficient or we need to take GPA if so what is the process for the same. Pls advice
Pradeep Panda
06 September 2012 at 16:28
Dear Experts,
I had availed a loan of Rs. 8,00,000 from a state bank of India and have executed an agricultural land and liquidable FDR for mortgage deed for security. Thereafter due to a riot in our kandhmal district, the regular transaction has not been made and the account was scheduled as NPA on 07-01-2010. Afterwards on 27.09.2010 bank issued a notice u/s 13(2) of Securitisation.....Act. After receiving notice, we requested them in written through regd. post to settle the a/c in OTS, but no reply from bank was made, how ever the reply should have been made within seven days as per rule (Securitisation.......Act) Further bank issued a letter u/s 13/4 of Securitisation.......Act on 29-01-2011asking for our co-operation to take possession of mortgaged property. Presently the bank has issued a possession notice under the same act with the information that the mortgage property has been taken possession by the bank. As far as my knowledge goes an agricultural land even if mortgage against a loan can not be taken possession by the bank under Securitisation.......Act.
Can I challenge before Banking Ombudsman or DRT?
Please guide me for above problem and suggest if there are any authorities to support this case. Thanking you all in anticipation.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
About securisation act 2002
I TAKE C C LOAN FROM CO.OP BANK, I M FAIL TO PAY REGULAR INSTALLMENT, SO BANK OFFICER GIVE ME NOTICE UNDER SECURISATION ACT 13(2), I NOT REPLY OF THAT NOTICE SO, BANK OFFICER CAME MY HOME AND LOCKED ONLY ONE ROOM IN MY BUNGLOW, I M LEAVING IN GUJARAT, AFTER THIS I PAY RS.50,000 IN BANK, BUT BANK PRESSURE ME TO PAY ALL LOAN AMOUNT RS 5 LACK, I NOT MORGAGE MY HOME OR PROPERTY TO BANK FOR LOAN PURPOSE, AND NOT MAKE ANY MORTGAGEDEED IN FAVOUR OF BANK, HOW CAN I OPEN THE LOCKED WHICH WAS BY BANK, WHAT CO.OP. BANK CAN RIGHT TO PROCEED UNDER SECURISATION ACT? IF I WANTS TO TAKE SOME LEAGLE STEP TO PROTECT MY PROPERTY THEN IN WHICH COURT I GO? IN DRT COURT OR CIVIL COURT? I MEAN WHICH COURT HAS A POWER OR JURISDICTION FOR THIS CASE?