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Queries Participated

ompratap   07 January 2015 at 22:58

Validity of gift deed and gpa

My basic query is:
Property was originally registered in the name of my grandmother. GPA, Gift Deed, Possession in the name of my father. GPA has seal of Registrar. Gift Deed, Possession are only notarised.
So, my basic query is should the application for building plan (map) in MCD be filed in the name of my grandmother or father?

DESCRIPTION:
We have a built-up property of 100 sq yards in Delhi which was originally held by my grandmother. In 2013, my grandmother (and grandfather) executed a GPA, Gift Deed, Affidavit and Possession certificate in the name of my father. The same is also done for my two other uncles for different plots by my grandparents. However, there is one widowed aunt of mine who possesses and lives in a built-up plot which was purchased by my late uncle (chachaji) but my grandfather financially contributed in it. However, my uncle in his lifetime registered that plot in the name of my aunt. He also started construction but sooner he passed away. Later, my grandfather completed that house for my aunt and her children. Till that time they were living with us. However, my aunt was not keen on emptying our house even four years after construction of her own house by my grandfather. That clarified her true intentions that she wanted hold on both properties. My grandparents knew of these unjust intentions of hers and after my pursuance, she eventually vacated our house and started living in the house which my grandfather completed for her. Since, all my other uncles and grandparents knew of the sweat and money that my grandfather had spent in rehabilating my aunt therefore they believe to the core of their hearts that my aunt has no share whatsoever in our house and her intentions are nothing but greed and vile.
Now that our house has become very old therefore we want to reconstruct it. For it we approached a contractor who said that in spite of execution of GPA, Gift Deed, Possession and Affidavit, the application for passing of the plan map in MCD has to be filed in the name of my grandmother, not in the name of my father. We are worried whether it would be correct step or not because the Gift Deed has wordings which makes my father true and sole owner of our house and this is the truest intention of my grandparents. We are also concerned that my aunt may claim a stake in our house in future and make it a disputed property. My grandparents are fully with us and know well of the intention of my aunt. They have already settled her with her children long ago in house bigger and better built than ours therefore they affirm that she and her children should get no share in any of property given to my other uncles and us. Please suggest me a possible course of action so that our property remains solely and completely with us and no one could ever stake a claim in it. Also, is the contractor right by filing application of map in MCD in the name of my grandmother?

karthik ramalingam   20 October 2014 at 14:26

Query on education loan

Hi,

I availed 15 lakhs education loan from UCO bank pondicherry in 2009 for doing MBA in UK. My bank manager called me couple of weeks ago and said you have paid any money after that 2 lakhs you paid in 2012. So your account gone NPA. IF you don't pay five lakhs with in one month we will auction your property and take our money. I have did not have that much money, so i decided to sell half of the property and pay 10 lakhs in to the loan account and told the manager. the manager said the loan amount has come around 22 lakhs including interest. if you pay 10 ten lakhs and release you property from the bank you have to give another collateral security for the rest 12 lakhs. We both agreed for that and found a buyer to buy half of the property in bank. we made a sale agreement and got 10 lakhs in advance and paid that amount to bank as me and the bank manager agreed. after i paid the money to the bank i asked him to give me the original document and take another property as security. but unexpectedly the bank manager is not giving the original document and insisting me to pay the loan amount in full. I told him that i am selling the property only for 12 lakhs how can i pay 22 lakhs in full. but the manager said he can not do anything i have to pay the amount in full. Because he was agree to swap the document by paying 10 lakhs and made agreement to the buying party. I have to get the document from the bank and do registration for them otherwise they will take legal action against me. now what i am wondering is can i take legal against the manager for betraying me. please some one help

Dinesh   11 January 2013 at 23:20

Proprietorship firm

A Proprietorship Firm cannot be sue or sued on its own name because its have no legal entity..

Please sir provide me law point in regard above said law and where i can find this law point and also suggest some authorities in regard of above said point.

Thanks..

John Kraith   02 October 2012 at 19:56

304a road accident

Accused met with accident killing victim on the spot. Charged with 304a.
Car had no insurance, thus 2 cases
First for no insurance ended with Compromise between parties, complainant signed document stating money received and no objection on other case.
Complainant missing since.

Second case is Criminal case. 1 eye witness who has given his statement in court.

Judge from first case told accused that after the compromise both cases will close automatically.

Now lawyer says criminal case will not close till complainant comes again to give statement in criminal case.

What is the solution?
We thought the accused would be acquitted after the compromise or FIR quashed on basis of compromise.
Lawyer keeps pushing for next date and never gives a clear answer.
Please help..

pawan kumar   04 May 2012 at 20:03

Law of limitation

can delay be condoned under law of limition for specific performance

chandan   05 November 2011 at 20:35

Employer not giving relieving & experience

r,
i m working in the pharma organisation since 12 april 2010. On 2-october-2011 i give my resignation through mail, but no response from my employer side. Then on 7-oct-2011 i give hard copy of my resignation to my head and he accept it. After giving one month notice and following proper rules and regulation now my employer is not giving me my relieving and experience letter.
please guide me what should i do.

Gagan Jaiswal   30 September 2011 at 16:48

Limitation for file recovery suit on behalf bounced cheque

Respected SIR/MADAM

i have submit a complaint in the court under sec 138 N.I. act on the party in April 2008 on-behalf bounced cheque .unfortunately the party died on 16 sep 2011.Now three years passed and no time rest to file recovery suit on the father of that person according to LIMITATION ACT.
SIR/MADAM Please tell me that can i am able to get mercy of court limitation to file recovery suit on his father on the basis complaint case under sec 138 N.I. Act.some expert told that i am not able to get limitation in these circumstances and if i would file civil/recovery suit on the Father of that person i will get loss of court fees also because Court will strictly denied to accept my case after passed limitation period according to limitation act.

ajay kumar mishra   28 September 2011 at 03:57

Section 125 crpc.

Can a unmarried major daughter get maintenance from her father u/s 125 crpc. if she has no physical and mental abnormality and repair to maintain herself ? If your answer is "yes" then specify the latest case law.

Kunwar Mohd Asad   21 July 2011 at 11:45

Stamp Paper Act,1899

If any instrument/agreement is executed by one party in other state and stamp duty as per that State Act is already affixed, is it necessary to affix additional stamp duty of another state where the second party is executing instrument/document?

Vijay Kumar   01 June 2011 at 21:28

Learner's DL and Permanent DL

Learner's Driving Licence was valid upto 15 May 2011.


The clerk of Licensing Authority says," Permanent DL should have been applied before the expiry of Learner's Licence. Now apply for Learner's licence again; and then apply for the Permanent DL."


MV Act is silent on this issue.


Whether the clerk is right?