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LALIT KUMAR   30 March 2015 at 17:33

For return e-auctioned amount from bank

Dear Sir,

With the ref. to SARFESI Act 2002 for auctioned property,

I have bought the property through e-auction & paid the total amount 35.25 lakh through RTGS & Demand Draft in S.B.I SAMB Branch Patna as according to bank & SARFESI Act guideline. After 3 month bank has given to letter & told to me come in my office & receive the Sale Certificate. I have given application on the name of Authorized officer & told to him “How I can received the sale certificate without physical possession? Few days before I have got it one call from A.O come my office & take your amount 35.25 lakh. I ask to him why ? He has not replied to me. But as per internal source facts is- Dy. Commissioner of our City is relative of Brower cum landlord relative & he has not given to approval for peaceful physical assistant of local police for possession & unnecessary delaying & pressurized to me to take the money. Because he would like to bought the property.

Please confirm to me following things:-

1. Is bank return my money with interest or not ?
2. How I can get the principle amount with interest ?

Request to you, Please guide & suggest to me what I should do?

Thanks & Regards
Lalit Kumar
Bokaro Steel City

Prabakaran CJ   30 March 2015 at 16:34

Required solution on below hmop

Hi Sir,

This is Prabakaran from Chennai,
From 04/08/2008 to 08/08/2012, I has been worked at Dubai, I got alliance through Bharat Matrimony, in that profile girl is completed BA, her parents were confirmed that she is willing to accompany at Dubai. Based on that my marriage has been solemnized through and Marriage has been done on 31/05/2012. after my marriage on 07/06/2012, I have asked the degree certificate in order to process VISA to took my wife with me at Dubai, at that point only we (My Self, Parents & My Blood Relations) came to know that she studied only up to 8thstandard they falsely stated in matrimonial profile updation as BA, however if you required we will arrange for the same by preparing Rs. 25000/-, even we had not taken any serious actions for the education issue.

Then 25/06/2012 I went to Dubai, for re-joining my work, She said that 27/06/2015 I’ll go to my home and come back after one week, I also agreed the same. And I had clearly said to them that whatever may be happened leave-it, once I reached Dubai I’ll take a separate flat & Visa for you to live with me in Dubai. She also said ok., then I came back to Dubai I had taken a new flat for rent, and visa process has been started., in this situation on 26/07/2012, he mother & her Uncle came to our house for invite Re-Thali Function. That time her mother and her uncle said that she is not willing to go to Dubai. For that my father said that we had jointly sit together only spoken for marriage you said she is graduate & she is ready to move to Dubai, but now you were giving all false statement & all the decision must be taken only by my son and his wife only. Our job is completed now they should be in the decision, for that suddenly her uncle sarcastically said that ok let we will go for divorce by through settlement of local panjayat. Then my dad said that if any misbehavior has been happen sure I’ll make a complaint through Police.

I had clearly said to my wife that you must be come to Dubai, but she neglected my conversation and disconnected the phone, then I take an emergency leave came to Chennai 08/08/2012 to pick-up my wife to Dubai. But I call through over phone there is no response. On 22/08/2012 my parents were went to Marriage function in meantime My wife, her mother and her aunt came to my home they pushed me and taken her jewels and saree’s, I asked them please wait my parents will come hence you wait until my parents come then you tell them and go, for that her aunt said she is not having any interest to live with you in their dare consequences. In the mean time I called My parents to come early, and my father called son-in-laws father, as soon as son-in-law father has been came to home and make them in patience. Finally they had said that we will leave my daughter in our home on 27/08/2012, in between I asked in over phone to come to Villivakkam Agatheeswarar Temple on 26/08/2012, she also came I had advised to her you had already done so many mistakes hence, please look your life, for that she said I will not come to Dubai, however she is not compromised with me. So I came back to my home.

After some days prior to Diwali they went to my sister’s living home the make harassment in their dare consequences. My sister’s husband said that whatever we had compromised all, why you were not leave your daughter in matrimonial house. Now you should go there and speak with your daughter’s matrimonial house. In this situstion I had send resignation letter to Dubai.

On 02/11/2012 they came and asked to me for Diwali Varusai, I had replied once you bring your daughter I’ll take what you given, they not replied and went back. On 15/12/2015, her father, her chithi’s son, and some relatives in the name of gundas, they were harassed me and my parent in their dare consequences by asking 25 Lakhs. In this torture I lodged a complaint in our area police station and CSR has been given by them.

They also came for investigation on 21/12/2012, they had said to them we will leave her in matrimonial house. They bring her to our home on 23/12/2012, but she had not brought back her jewels and sarree’s. While asking for that they had replied we will bring it back by next week.
Then in fourth day(27/12/2012), she called her mother to get back to her home, her parents also came and took back her, her parents says that she is not interested in marriage so leave her we will take back her to our home.

Then once again I informed to police station, they were said you please go through Advocate. Then I find an advocate based on his instruction. I send a 1st Notice., based on what happen, they replied all statement as false. Then I send the 2nd Notice no reply has been received. So I filed HMOP Conjugational Rights to live with me for my wife. Counselling has been done they were said I not able to live in single roof, I want separate house. I was not in a job hence I not wish to go for their statement. Some of the days they will not come to court. Hence I filed proof of affidavit, for that they had filed Return of Articles. I that she mentioned we having all her Jewels, and give marriage expenses 5 Lakhs but she was taken all the jewels already..,

My advocate and her advocate join together and saying she is not willing to live with you, you must give the jewels and money what they have asked, else they will put you and your family in Jail.

Please help me what I will do in this situation….

Thanks & Regards
Prabakaran

sathiya   30 March 2015 at 16:05

Attested photo copy related

Dear Experts,

If I submit any photo copy of originals in court, should it be attested by oath commissioner or Notary prior to submission?

Please advise.

Thanks

Ravinder Kumar Rohilla   30 March 2015 at 15:55

Possession of flat in noida section 137

Dear Lawyer,
Our builder has issued an Offer of Possession with attaching Completion Certificate from Noida Authority. My query is that this OP is valid or not under the UP Apartment Act.
Secondly, the builder is charging 18% interest on late payments. Kindly let me know can a buulder charge 18% interest when I am told there is High Court or Supreme Court judgement that a builder cannot charge more than 12%. If so, kindly let me know the judgement in which case.
With kind regards,
RAVI ROHILLA

Anonymous   30 March 2015 at 15:19

Anticipatory bail

wheather anticipatory bail under 438 can be granted to accused charged under 306 by name given in death note of deceased

shahid hussain   30 March 2015 at 14:47

False case under section 324 & 506

Hi
I received summon from court as an accused in a false case due to personal grudge of the complainant.On appearance in court they said take copy of the case and given date.It is a private complaint u/s 200 i think.
In A-diary written something like this "posted for inquiry before charging call on".
Upon asking my lawyer says dont worry it is nothing.
Can u plz help.Can i give my written explanation to Judge in next date that it is only due to personal animosity and false allegations etc.
Kindly help and reply.
Thanks

SairamChennai   30 March 2015 at 14:40

Common area - car park

Sirs / Madam,

Owner did not mention the car park area in the deed, but only shown 3 cars in the parking area stipulated to 3 flats, whereas 3 cars cannot be kept at the provided location, now one of the owner want to rent his house mentioning that there is car park, as of now only 2 car were parked hence no problem occurred, now if the tenant brings the 3rd car there will be no space to park, what we are informing to the 3rd house owner that the common area is as per the percentage of the individual flat plinth area or we will split the 3 car park area equally into 3, then also 3rd car cannot be parked as a column is coming infringing the parking, hence there is dispute, how to solve this, is there any legal route we have to take and also inform me whether the common area is pertaining to individual flat plinth percentage.

pssthya   30 March 2015 at 14:14

Without taking statement of victim police closed the case

what one should follow the procedure---


if

1) lower court has made the judgement without taking complete statement of the victim

2) police had not recorded the complete statement of the victim at the time of recording of the FIR/NC and even after written request to police station.


CAN one approach the higher court for making the judgement without taking the
statement of the victim.??????


anjan   30 March 2015 at 13:04

West bengal premises tenacity law for panchayet area

Hi,

I have a commercial space/room and i have provided that room to use as commercial shop to a person as rent basis in the year of 2000. Initially, we had aggrement for three years, after that the aggrement was not renewed. Now, i am planning to do aggrement renewal with him for the period from 2015 to 2018 (for next thre years) but now my tenant is not wiling to renew the aggrement and he is saying that dont need to do aggrement and let it be as it was for last 15 years and his behabiour is not well nowadays. so i would like to evict that tenant from my commercial space. The commercial space is located in Panchayet area of west bengal. Could you please let me know the procedure to evict that tenant and is there any fixed time frame bound by government to finish this kind of eviction case ? May i file a case in consumer forum for this ? Please advise.

Thanks and regards
Anjan

Pramod   30 March 2015 at 12:29

Urban land ceiling 10(3)

Dear Experts,

My Land had been under Sec 10(3) and 10(5) but the entry is not reflecting in the 7/12 the Ceiling office too has no records of my case. We had filed a case against acquisition by ULCA and procured a stay in 81, this case was disposed in 91 with the comment that stay "may" be vacated. I have a letter from the Talathi that there has been no acquisition or reservation in the whole of the survey no. that my land is in. Is my land free of Ceiling by virtue of the repeal act or do I still have to go through Court and get the Land restored? Has the 10(3) notification become null or is my land still vested with Government?

Thanking you,
Pramod