Queries Participated

Legal Heir

Dear Professional,

Me & my husband aren't not staying with my In - Laws coz they were against our marriage & also they have not kept any relations with us as their son married to me against their wish.My husband is having one sister who is married,my question is in future if they don't keep anything for my husband & nominate everything on my sister in law's name then can we challange her in the court for my husband's right?Who will be the first person entitled to get posession of house,my husband or his married sister?

Need your advise.

gift of immovable property

a plot is jointly held in the name of four family members(husband,wife, son and daughter) which was initially bought by one of the family members(husband) from his own funds.Now they jointly want to gift the entire plot to the married daughter who is also one of the co-owners.Can a single gift deed be executed or three different gift deeds need to be executed?

Transfer of Property

The process of Transfer of property or alienation of title of land between a buyer and a seller consists of two distinct aspects. One aspect is the extinguishment of the title of the seller and the other is the creation of the title of the buyer or acquirer. Is this explanation right?

Housing Loan

Sir,

My father took a housing loan of Rs. 7,00,000 (seven lacs) from State Bank of Hyderabad, Howrah branch, West Bengal by mortgaging the original title deed of our residence, which is in the name of my father. He was the sole borrower (no guarantor)& the tenure of the loan was 60 months, & the EMI was Rs. 11,000 initially & then it was increased to Rs. 14,100. Now he repaid back Rs. 7,08,400 (seven lacs eight thousand & four hundred) in 52 installments. He was never a defaulter in paying this EMI to the bank.

Unfortunately my father passed away in July 2009 during the course of this loan keeping behind three legal heirs- my brother, my mother & myself. He was the sole earning member of our family & we were dependent on him. When he expired the outstanding loan amount was around Rs. 1,26,000 (one lac twenty six thousand). I approached the branch manager several times & requested him to negotiate & compromise the outstanding loan amount but he refused to my request & insisted me to either continue to pay the EMI of Rs. 14,100 or clear the entire outstanding loan amount at one shot.

My question is since my father took the loan as a single borrower (there is no guarantor), are we, the legal heirs responsible to clear up his liability. If yes, can we compromise on the outstanding loan amount & to what extent? Also what is the procedure of loan settlement what legal steps we can take so that the bank cannot initiate any legal procedure against us.

Regards,

Soumya Naskar
Ph: 9804616166

U/s 138 of N I Act,1881

What is the procedure of the U/s 138?
How to file the Case of 138?

marrying a widow - muslim marriage

Sirs,
My son got married in mid Jan 2009 (Christian Marriage). After two and half months, requested by them my daughter in law was taken to her mother’s place for medical attention and rest. She was conceived at that time. As assured by them, they refused to send her back after two months, saying that her health was not good (which was not true).
She is a bank employee and she was attending her office. Now it is more than thirteen months since our daughterinlaw left our place. A male child was born in November 2009. Many efforts on our side to bring her back were in vain. There were letter correspondences, allegations, counter allegations etc. They wanted my son to leave us and to live with his wife separately, which has been placed by them in writing. From day one of married life my son is not accessed to his wife’s income or any information about that. Now my son has reached a point that he should go for divorce and re-marry. At this juncture a Muslim friend approached and pleaded to marry his widow sister (having one year old son). He also said that he need not divorce his wife which may enable her to rejoin if she realizes/wishes. My son is having slight inclination towards that idea. My son is a central govt. employee.

If my son convert to Islam and marry that widow will any legal problems arise in future?
Also please answer any query which you feel that I have omitted.

Thanks
Arokiadoss

Power Of Attorney

Sir,
I wd like to know that whether power of attorney has a validity of time.
My father had issued a POA in my favour in 2008,kindly tell me its still valid after 2 years?

Agreement to sell flat

Facts: I have entered into an Agreement to sell a flat and have received an advance of 30% from the buyer. The agreement stipulates 75 days (from the date of the agreement)for balance money to be received.There is no specific termination clause, no penal provision for delay payment etc.
Query: If the payment is not recd. within 75 days does the agrement becomes void automatically? can I terminate the contract?

Franking

What is Franking?
Why franking is Done and what are the charges. As i am Applying for a home loan, the Bank agent has told that franking needs to done.

JOINT SALE DEED-- VALIDITY