VIKRAM BALU
04 August 2009 at 17:32
A property was mortgaged in a Bank.
The same property was attached in an execution proceeding of a third party based on a money decree.
I filed a claim petition under order 21 Rule 58 of C.P.C. seeking an order that the bank mortgage is prior to the attachment and that any sale must be subject to the mortgage of the bank - to be mentioned in the sale proceedings.
I filed a mortgage suit and got final decree simultaniously the property was sold subject to mortgage in third party EP.
The Sale proceeds deposited is Rs. 20 Lakh
Bank Mortgage decree amount Rs.10 Lakh.
Third party Decree amount Rs.3 lakh
I filed an Execution petition in the trial court with prayer to attach the amount of the JD for realization of decree amount.
The execution petition was returned with order of judge himself that
"The mortgaged property has been sold subject to mortgage by another court. The petitioner is not liable to attach the sale proceeds. The petitioner is at liberty to file Fresh EP to sell the mortgage properties."
I want advice as to whether I am entitled to the sale proceeds. If so by what provision or relevant citation.
laxmi
04 August 2009 at 17:19
Dear Sir
We have 3 brother and two sister in the family. and my mother and father alive. My elder brother do not want to distribute property equily. My two brother out of india one brother si uneducated and they did not arrange marrige for him because of property share he has fully control on my my mother and fatther he want total property should be his name only. may be he already did total documentation in his name, with help of mother father since they are very old 84 year and 75 year.
in this situation what step to be taken for equily devide of property of my father
atleast if we are not my younger brother who is uneducated get property share.
kindly help us we want atleast my younger brother who is not married till date due to property share. my elder brother not want to get property my younder brother who is already 45 yrar old.
what action we should take kinldy let me know.
laxmi
Adv. Santosh Mahanor
04 August 2009 at 16:52
Friends,
One of my client had purchased house on power of Attorney & agreement to sale, POA & Agreement to sale was made & executed before notary public,that time real owner had not given the possession. after some months the real owner has sold the said property to somebody else along with registered document
now what is the remedy available to my client ?.
ankit gupta
04 August 2009 at 16:22
Dear reader,
case : a firm is a cab operator in new delhi, having a 5 nos of cars with 6 nos of staf, with a turn over of 29 lacs per year ( as per balance sheet of year 2008-9.
the owner has been served with notice from Commisinor of Employee's Provident Fund Dept. requesting to render all documents in support of priovident funds which the firm do not posses.
the firm is being useslessy harrased again & again to apply the PPF no. to which they are not eligible as per " sec 1(2)(a) of the act.
relief: it is most respectfully prayed to you to please tell me what reply can be given agaist the aforesaid problem. pls tell can they harres the firm? pls tell me other relevent statutory provisions in regards to the problem so that a possible defence can be made.
pls reply asap.
thanking you
yours truly
Ankit gupta
9891803682
ganapathy
04 August 2009 at 15:45
Hi,
I entered into a POA on November 10, 2008 for selling my house. we have signed, got consideration and i have handed over the possession. We went to the SRO, teynampet and got authenticated by the sub registrar on december 26, 2008. For purpose of capital gains tax, should i take november 10 or december 26 as the transfer date?
sarvesh
04 August 2009 at 15:08
1. Can the benefits of reservation be extended to a girl who belongs to general category and has married to a boy who belongs to schedule caste.
2. How the reservation certificate will be issued by the authorities, if answer to 1 is positive.
naresh
04 August 2009 at 14:55
My original name is naresh but mistakenly mentioned in school nareshkumar. After that all certificate of educational related issued with nareshkumar name but I was mentioned all over personal life as naresh only. I joined government sector in1998 that time I done affidavit in front of magistrate regarding my name as same above, also mentioned in nareshkumar and naresh was one person. Now I apply for passport but passport office not consider that affidavit they ask genarat new affidavit as per their format .In their format meaning is from this date name change. my question is “can I do this affidavit or can I change my name in gazette now or Give me solution”
Tipsy
04 August 2009 at 14:23
How to Calculate Your Daily/Monthly/Annual Salary After attenance
If the employer pays you an Monthly salary, Multiply it by 12 to get your annual salary and divide 365 days to get salary per day and than deduct salary/day
As per absent. Is this the right way, what does the labour law says, how to calulate
e.g 7000 is monthly salary x 12 = 84000
84000 divide by 365 = Rs 230 /Day
Feb : 230 x 28 = 6440
June : 30 days 230 x 30 = 6990
July : 31 days 230 x31 = 7130
deducting any absent no of days
How to calculate as per labour law
Tipsy
04 August 2009 at 14:15
Our basement premises are illegaly being utilised since long time by third party with out obtaining NOC or written consent from society and same has been used for illegal and hazardous merchandise without necessary licence and permission from local govt authorities , which is mandatory and no permission has been taken from society which is reqd as per bye laws, now which authority we should complain, as we are located in Fort/Mumbai
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