Sarvesh Kumar Sharma Advocate's Expert Profile

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Divyakant says : N. I . Act
Can u help me giving cietation relating to "Account Closed" Account was being Closed in the year 2000 and the cheque was being deposited in the year 2009 The fact of case is that: The cheque was given in year 1998. and name and amount has been written on cheque but date was not written. and the payment was being made in year 1999 but at that time complainant told that the cheque has been lost and after that accused left that town in year 2000. in year 2000 he also closed the account. but in year 2009 the complainant misuse the cheque and deposited it in bank. using dater stamp. can u help me how i can help accused. also give some suggession and some cietation relating to it.

ashok says : land possesion problem
I AM PURCHASING A LAND FROM A S.T. PERSON. AT THAT TIME I AM ALSO TAKE THE ORDER FROMN SUB COLLECTOR OFFICE AND COMLPIETE THE REGISTRIATION.aPPLYING FOR PATTA IMMEDIATLY. AT THE TIME OF DEMARKING THE LAND LOCAL R.I GIVE THE DEMARKATION. AFTER TWO MONTH SOME OTHER PERSON TRYING TO SELL HIS PROPERTY.HEIS DEMARKING HIS LAND SAME TIME I FOUND THE LAND AQUIRED BY ME IS IN WRONG POSITION AND IN MY LAND SOME 3 NOS S.T. PEOPLE MAKING COTTAGE AND STAYING THERE. PPLZ GIVE SUGGESTION HOW CAN I VACCATE THEM WITH MINIMUM TIME and take complete possetion. Plz mail me -mohanty_ashok@sify.com

DR SURESHA G says : illegal will & gift deed
Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my fatherâ€™s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parentâ€™s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

kapil says : mail id req
sir, plz mail me ur email id at kapilchandak1@gmail.com

gaurav says : SARFAESI SALE ...BANK ISNT GIVING SALE CERTIFICAT
hello sir, please advise me.on 5 march 2010 i bought a house on auction under SARFAESI ACT being the lone highest bidder and my price being over reserve price my bid was accepted n i was given a letter asking me to deposit 25% of sale price on the same day n remaing 75% in next 15days ie by 20/3/2010.(((it had a clause stating the bank can cancel my bid before i deposit the remaining 75% amount))) i deposited the remaining amount beforehand ie on 12/3/2010 n asked the bank for releasing sale certificate as per SARFAESI ACT the bank people didnt give sale certificate instead when i gave them an application for the same on 29/3/2010 on 30th march i recievd a cancellation letter dated 27 march with a check dated 25 march cancellation letter of the bid(earlier accepted and fully paid already) after 10 days of the deadline!!! and 18 days after full money deposition!!! with a payorder of the whole money by courier.it says"the bank has decided/authority has decided not to sell the property" the bank has cancelled after my depositing the whole amount which is against its own clause what should i do to get the sale certificate n the possesion of property.please advise.....thanks so much for your attention n time....

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