Jagan Mohan
05 November 2009 at 18:36
Sir, we participated in an auction of a loan defaulted flat held by a nationalised bank (Canara Bank) and won the winning bid.
Now, the property was sold on 'as is where is, as is what is' basis. However, the flat was under possession by some third party family. Initially, we inspected the flat and verified the documents and found everything to be in order. THe family and the bank officials had orally claimed that the family is going to vacate in few days now that the auction has completed.
We had applied for a loan to complete the payment for this flat from another bank. Now the bank refuses to give us the loan saying that they flat cannot be transferred to us.
What can we do now?
Does 'As is where is' clause also mean that the bank can auction an occupied flat without vacating it?
And can the sale be valid without the Bank handing over physical possession of an empty flat to us?
I am aware of the caveat emptor nature, but I am of the opinion that it pertains to the nature of the goods sold. Here, the goods itself is not handed over at all, which is a different thing altogether.
Please, enlighten me on options available to us in this regard.
Thanking you in advance.
Vaibhav
05 November 2009 at 18:25
Hello,
I was hit publicly by Local Criminal. I have file a police complain. Sec 324 etc. They got bail. I want my Complaint no. and The status for the Case and all the Statments Collected by Police and submmited in Court. who do I obtain the Information?
regards
Vaibhav Satam
9870 31 8582
P.C. Joshi
05 November 2009 at 17:43
Friends,
We have borrowed funds from a nationalised bank against security of land situated in Faridabad, the docs were registered with Registrar office in Delhi way back in 1978 and the said docs were given to the bank. Now the certified copy of the said docs required for filing in the court in connection with a legal matter. When the bank was approached, to our utter shock the bank says that they are misplaced. Can anyone suggest the ulternate recourse.
1. Claim the title of back from the bank when the loan is satisfied
2. To submit the docs required by bank.
3. What is the procedure of getting duplicate set from t he office of the Registrar. The matter is quite serious.
Regards
P.C. joshi
Anonymous
05 November 2009 at 17:35
how i can draft application under above mentioned sec. & when this application is used
Anonymous
05 November 2009 at 16:45
if a person 'A' nominates to his holding of shares and debentures favouring person 'B' who is not a relative of 'A' but is just a friend then in the event of death of 'A' what is the position of nomination.
Anonymous
05 November 2009 at 16:37
Respected Sir,
Sub: - ADVERSE POSSESSION.
DHR/plaintiff and JDRs/Defendants filed a compromise petition in lower court. As per this compromise the JDRs are agreed to give some land to DHR and accordingly, the JDRS had handed over the physical possession of the land to the DHR and the same was recorded in the said compromise decree. And it is further recorded in the said compromise decree that “in case the JDRS fails to register the Sale Deed in favour of the DHR, the DHR at liberty to get the same executed through this court”. A compromise was recorded in this E.P on 21-02-1985.
But I did not get the registration though this court and executed the same through Mandal Revenue Officer as there is a specific Act of the Andhra Pradesh Government. As aggrieved by the orders of the Mandal Revenue Officer, the JDRS have preferred an appeal before the appellate authority contending that no notice as required, was not served on them, before passing the order. Even the DHR have succeeded in all Revisional authorities carried out by the JDRS and as well as the High court of A.P. When the case was carried out a Writ Petition before the Division Bench by the JDRS, the Hon’ble Division bench has quashed all the orders passed below, on the ground that the Mandal Revenue Officer was not supposed to entertain this case and has not followed the proper procedure. As aggrieved by the Orders of the Division bench, the DHR preferred a SLP before the Supreme Court, which is pending.
So I want to clarity.
1. The JDrs have not contending about the compromise decree.
2. As per the compromise decree the DHR is in possession since 21-02-1985.
3. So dhr was in Adverse possession or not?
4. Since the JDRS are not contending about my possession, Shall I have a right over the said lands? Or otherwise who are the real owners as of now.
Plz. suggest me suitably.
Anonymous
05 November 2009 at 16:34
1.Please advice me in which site on NET I can access the Judgements related to WILL.
2.Is there any format for filing the PIL
Thank you
Janardhan
Anonymous
05 November 2009 at 16:30
I have executed and registered a deed of settlemnt disposing of my flat jointly in favor of my 3 children. If I wish to eliminate the name of one of the three,who unlike the other 2, has never been with the family since several years, and never cared about the well being of all of us. How could it be done?The deed is still in my possession, and the children are not even aware of its existance. I will be thankful for sound advice.mention is made in the deed that self and wife should be allowed to stay on in the flat till death.
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