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kaushikphm   27 August 2009 at 19:01

Debt

Dear Sir,

In ground floor of premises, there are two shops let out for 2 shops. This property is in joint name(My brother and myself). I am collecting Shop A rent and my brother is collecting shop B rent. Now, we planned to partition this property by metes and bounds.
But, my brother wants me to take shop B portion. Now, I came to know that my brother was taken some debt and the shop B ( Pawan broker), the shop owner is adjusting the interest from the rent. But, during rental agreement, both were signed as owner and during 2006, I sent letter to the shop B not to pay half rent to me. after some adjustment with my brother, I have pressed the shop B to pay the half rent. Kindly advice us whether I can take this portion

Biplab Swain   27 August 2009 at 17:34

Jurisdiction of Internet purchases

Being a Lazy and avid internet user seems to have landed me in all kinds of E-troubles!

I'm a ebay User. Recently I purchased three items from a seller in Delhi through Ebay. The Ebay issued me an E-bill acknowledging the Payment and the Seller's Mobile No. and Email ID and my Postal address where the items were to be delivered.

On receipt, I found that the seller had sent only two items of which one is defective.

I informed the seller and as per his advice sent the defective product back for replacement. Also sent him the courier packing for his verification of the packing.

All communication for last one month are history now.(I do have copies of the same)

The latest is that the seller neither sent the missing item, nor the replacement of the defective item till date.

Now the question is, if I can file a Consumer case in Orissa(where the product got delivered). Does this case fall in my jurisdiction?

It is pertinent to mention that the seller never sent any invoice, even after repeated requests, hence I dont have any idea, if he as any cnditions about disputes.

To complicate the matter, Ebay.in is refusing to provide their postal address for any Legal notice as it was they who received the payments on the sellers behalf for the products and are the direct interactor with me.

parminder630   27 August 2009 at 17:25

Ownership

Dear Sirs,

I am looking for an opinion regading some property issue .

I have bought a house in my name .I had given 20% in cash and rest 80% I took loan from bank in joint name of myself and my wife.My wife gave me half of cash down payment thru bank transfer . EMI of this loan is going from our joint account . When my wife tried to claim interest exemption of Rs 150000/- under I T act , she was told that she cannot take that because she is not co -owner in the house bought and registered by me.

Now , I want to make my wife a 50% owner in the property but do not want to again pay stamp duty on registration as it will come to a huge amount.

Can I go like this-

a)
Make an agreement to sell 50% share to my wife -
Show money transfer by her as consideration(at the time of purchase she transfered half money for cash down payment).

Make her responsible to pay 50% EMI everymonth thru joint account for whole bank loan .(she is co borrower of 80% of purchase value)

b) Give her irrevocable GPA for half of interest in the house.

c) Execute a will in her favour for half of the house.

Please advise me will all these documents make her legal co owner of the house ??

If you can advice me something else I would be grateful to you all.

Arvind Singh Chauhan   27 August 2009 at 17:12

M.V.Act

Sir please help me.
I have confessed under some Sections of M.V.Act. The vehicle was seized by police under Section 207. The case now have been disposed of. My client is not the owner of vehicle. He has bought the vehicle only on a sale letter written in a stamp paper. Thus registered owner his another one.
I am requesting court to release the vehicle to my client. But honorable court is not accepting and is saying that vehicle can be released only to the registered owner. The registered owner is far from this locality and totally unable to reach the court. What should I do?

Arun Purohit   27 August 2009 at 17:10

case law

please let me know as soon as possible the facts & judgement of case "Krishna Sagar Mills V/s Union Of India, AIR 1959 SC 316"which is the clarification for the "Explaining the "Reasonableness for the Restriction to the Fundamental right to Freedom as per Article19(2)nto 19(6)

.

R.Ramajayam   27 August 2009 at 16:15

Agreement of sale

The plaintiffs has filed the suit for declaration of properties. Fact is they were already sold the same to the defendants. the plaintiff allegation is that the properties are reserved for hill-tribs so the sale it self is not binding on them. Now the trial is over, the land is not at all reserve land. while the matter is pending before the court the defendant has entered in to an sale agreement with 3rd party. is it affect the case of the defendant and is it illegal as per transfer of properties act? Ple clarify

R.Ramajayam   27 August 2009 at 16:08

Execution proceedings

In Execution petition the D.H died, after lapes of five months the petitioner has filed petition to impled the legal hairs of the D.H. Whether there is any abatment in the Execution proceedings?

kennii   27 August 2009 at 15:36

citation of 138 case

There was some authority where it was held complainants presence for each hearing for 138 case filed on behalf of company are no longer required as published in some news paper. Can anyone provide the details of the citations or any other authorities in this regards.

Thanks.

ganesh   27 August 2009 at 15:20

property Undervaluation notice

I am residing in Bangalore. Few flat owners in my apartment got undervaluation notice. The flats are registered on 2007 and 2008.

http://www.hindu.com/2006/06/29/stories/2006062920250300.htm
This article describes that this undervaluation is done to collect bribe.

Could anyone give more information on this.

Regards
Ganesh