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Vishal jain   31 March 2023 at 22:15

Whether legal notice mandatory prior recovery suits

Hello
I took loan from bank and later bank filed a recovery commercial suit against me for the recovery of money.

Query...
whether a Legal Notice is madatory before filing a recovery suit OR in other words whether a demand Notice should be sent first OR directly a recovery suit can be filed...?

Kumar Thakkar   31 March 2023 at 22:11

Father property transfer to my name

Hello experts.

My father died without making will succeeding me (son) and 3 daughters , all married and my mother.

The shop is on his name and purchased by him only ,
Which option should be cost effective and best , property value is 15 lac approx only ,

should I transfer father name to my name or tell other heir to relinquish their share on my name as they agree?

And one more thing , my mother can't walk and 2 of sister stays very far and 1 sister diagnosed with critical illness , so can I reach there and take signature or they must come to advocate/court office?

And unfortunately if my ill 1 sister don't be alive would I need sign of her kids also or not?

Please advise
Regards

Anonymous   31 March 2023 at 16:30

Rental. agreement

My wife and self joint owner of flat now my wife signed the rent agreement only. Is it ok

naman jain   31 March 2023 at 15:32

Foreclosure charges on the od limit by hdfc bank

I have a OD limit with HDFC Bank for a very long time and HDFC bank has been charging high interest rates from me and now other private bank offers me lower rate of interest and I want to switch the bank.
If I switch my bank right now then do I have to pay the foreclosure charges? Today I received a letter from the bank citing the changes in the agreement regarding the prepayment charges. They tend to charge 4% if I am not registered under MSME at the relevant time of availing the facilities and 2% if I am registered and NIL if I want to reduce the business liabilities. My renewal date is due in June and I was registered under MSME and I have a MSME certificate dated 29.03.2022.
I want to ask:
1) The exact definition of prepayment charges and whether they apply at the time of renewal?
2) Whether I come under MSME or not as mentioned by the bank at the time of availing the services?
3) If I change my bank by the means of takeover at the time of renewal, then whether the prepayment charges apply or not?
4) If I Pay all the outstanding amount with my own funds at any given point of time, then whether the prepayment charges apply or not?

Sachin Kumar   30 March 2023 at 21:00

Provident fund

an employee once opted for PF deduction , cannot opt out.
In which legal provision it is written he cannot opt out.

Anonymous   30 March 2023 at 18:43

Non occupation charges

Dear sir,
Need your guidance and inputs please.
I have been staying in my fathers flat since last 20 yrs, I have payed maintenance charges for last 20 yrs, my father expired last July 2023, After 6 months society have send me the maintenance bill which includes non occupancy charges. My queries is when i am the son of my father is non occupancy charges applicable to me?

my flat is in the name of my father at present .
please guide.

Vaani Iyer   30 March 2023 at 16:47

Trust property

Can the assets of an educational trust be sold without the permission of the court, if it is mentioned in the trust deed that- the assets of the trust can be sold.?

Pls suggest relevant case laws I can look into.

Anonymous   30 March 2023 at 09:39

Duplicate allotment letter

My Father got plot from mhada in Thane , in lottery system & i lost my Allotment letter I want Duplicate Allotment letter, what is the procedure .
I had Given RTI to mhada on 12 February ,But No Response

Vijay Bhaskar   30 March 2023 at 07:29

Dvc case after exparte divorce & getting permament alimony

Dear Sir

If Wife has received Exparte divorce in the year 2019 and subsequently received Permanent alimony from Husband before trial court through Execution petition 4 years later, can Wife still go on to file fresh DVC under Sec 18 now to return Stridhan having received Exparte Divorce & Permanent Alimony. Will Trial court allow it?. Please reply

Regards
Vijay

Anonymous   30 March 2023 at 07:23

Input tax credit

The Board of three Directors cum shareholders of a Private Ltd company allowed MD to use his new house under final shape to use it as a Registered office. A rental agreement was made with the house in his wife's name for Rs 7000 for a small office space without defining the area. The MD purchased many Movable items required for House. The statutory auditor deleted such purchases not relevant to Business Objects and cost of sales. MD agreed with the auditor to pay up dues to GST within 3 months of filing returns to ROC and IT. The other two directors are the authorized signatories of GST registration and MD compiles Excel Sheet Income and Expenditure and data for audits till almost return fuking dates. Out of 3 directors (one MD), one director advised MD that there is nothing wrong as many companies maintain Guest houses and purchases are taken for ITC claims. The other Director myself is the Bank authorized signatory and finance asked MD to handle the company as OPC the way he wants and offered to be out of the Board. A gesture to MD to take my share free to be divided equally amongst rest two directors is attempted to be misused by MD. He moves a Board meeting to accept my resignation and also transfer the entire shareholding offered by me to himself only thereby he will hold 67 % and other directors 33%. I withdrew my offer to resign and surrender shares. What course do I have to terminate MD ( I am a minority shareholder of 33.33%) and surrender his shareholding of 33.33% to the company to replace him? I am a senior Citizen 74 willing to file a case but cannot afford hefty legal fees. MD is 60 yrs and Other Director is 73 is well connected to legal community