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Queries Participated

jayeshmankodi   06 April 2016 at 17:23

Recovery

Bank has filed a civil suit for Recovery for an agricultural loan now the defendent advocate has raised objection that under the Gujarat Public Money Recovery Act First step is to approach the collector who will call the defaulter and do the procedures
without approaching collector No Direct Suit can be filed in Civil Court
so is it mandatory to approach the collector first? whether bank has to withdrawn the present suit or any defense is there? pls.guide
jayesh

jayeshmankodi   06 April 2016 at 13:32

Money recovery act

That The suit has been filed by the Bank for recovery of agri.loan amount The advocate of opponent has submitted an written argument that The Money Recovery Powers has been vested to collector hence no direct suit can be filed for such recovery.
so pls. let me know that whether suit can be filed without approaching the collector forum first? or else now what should be the defence for the Bank?
regds
jayesh

jayeshmankodi   06 April 2016 at 13:28

Money recovery act

That The suit has been filed by the Bank for recovery of agri.loan amount The advocate of opponent has submitted an written argument that The Money Recovery Powers has been vested to collector hence no direct suit can be filed for such recovery.
so pls. let me know that whether suit can be filed without approaching the collector forum first? or else now what should be the defence for the Bank?
regds
jayesh

Sada   08 June 2012 at 04:15

Which is more legal and effective

Hi Team,

need your opinion regarding the a valid legal docs

I, mom and my sister are selling our rights to my Elder brother for XXX amount and due to financial reasons my Brother has agreed to give us a part of the payment 40% and the balance would be paid in instalments (yearly) 6-8yrs...
but he wants to get the property registered by giving the 40% payment.

would you please advise us the best legal & safe document for the balance 60% payment
1)MOU (memorandum of understanding)
2)Promissory note
3)loan agreement

your valuble sugesstion is required

thank you
Sada

jayeshmankodi   31 May 2012 at 16:08

Legal

As in one of The Bank an applicant(proposed Purchaser) of the property applied for a mortgage loan.Bank as per the procedure obtained report from an advocate.advocate on scrutiny of file found that The sale-deed in fvaour of vendor (the seller) was made for an open plot and it was after the completion certiifcate hence Bank's advocate hold the file with a query that after completion open plot sale-deed was made.Thenfater The application was submitted in corporation as party said that there is a mistake in mentioning date of completion and Inward copy was submitted to bank's Lawyer.Bank Lawyer had earlier also informed regarding technicality and on basis of this application submitted his report.Bank after the procedures sanctioned the loan also but then due to dispute on some other ground purchaser refused to purchase the said property and cancelled the loan and hence Bank account closed.The seller had received the amount of consideration in part i.e.black amount and white amount.Now the purchaser is asking seller to pay him the said amount + Banks expenses against which seller is not ready to pay the bank charges amount and also telling thta contract limitation is over.Now The Purchaser advocate advising purchaser for Criminal Actions against Bank,Bank's Advocate and The Advocate who had prepared earlier sale-deed.As in this case The proposed seler has not executed sale-deed due to dispute and Bank had holded the cheque as sale-deed was not received by them.Now in this case What actions can be taken by purchaser?Yes another thing is that purchaser have taken possession of all original documents fromthe Bank.Now without entering in to sale-deed can he have such possession? Please advise. The Purchaser(proposed) Threatning for criminal actions against Bank and Bank Advocate and the advocate who had earlier made sale-deed in favour of the vendor in this case.Sir please provide me the detailed reply if possible.
jayesh mankodi

samirbharani   30 May 2012 at 16:56

Agreement to sell...!!!

my family(owner) have entered into a "agreement to sell" a plot of land to a developer with conditions... we have also given "a letter of possession" with the agreement.... But conveyance agreement is pending..........now there is a dispute regarding certain conditions between the owner & the developer......both the document are registered

what action can be taken....& what is the importance of the conveyance document now since letter of possession is already given ...

Harish Wani   30 May 2012 at 16:04

Is it necessary deed of rectification after registered any document?

Is it necessary Deed of Rectification after Document or any Agreement Registered? and if Yes, why? if No, Why?

tina   27 May 2012 at 13:44

Original documents

I am trying to sell a Flat in mumbai thats under my name... The buyer has applied for a loan from LIC which has been approved..

I have completed stamp duty and registration process as well as provided society NOC to the buyer..

For the disbursal of the loan from LIC , he is now asking for original house agreement papers so that he can submit this in LIC and get the disbursal cheque...

Is this the right process. Should i be giving my original documents to the buyer even though he has only paid 20% for the property value...?

talklegaly   26 May 2012 at 15:49

Insurance cover note- mact case law

IN A MACT CASE ACCUSED IS HAVING ONLY COVER NOTE, NVR BOTHERED ABOUT ISSUE OF POLICY, NEITHER CO ISSUED POLICY, NOW ACCUSED FACING MACT CASE, PLEASE PROVIDE ANY CASE LAW TO SHIFT BURDEN ON INSURANCE CO

Partha Pratim Hazra   26 May 2012 at 11:47

Denying the registry process.

My father had purchased a flat in West Bengal on January 2007. After paying the sum the seller has given the sale deed and the possesion letter. Now my father want to registy the flat on the current market valuation. But the person whom my father purchased the flat is denyiny for the registry, now he is asking for the more money. What my father sould do? Is there is any possibilty for the registration process.