Y V Vishweshwar Rao 's Expert Profile

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SUKRIT KUMAR says : BOUNCING OF CHEQUE
Dear Friends Our firm is based in Agra, we had a business dealing with a firm based in Delhi. All the transactions were done in Agra i.e. supply of goods, receipt of payment by cheque. But, as our Bank is CBS, the cheque was deposited in party’s bank in New Delhi. The cheque was dishonoured and we filed a suite under section 138 & 420. In the last hearing at the time of arguments, the judge told us that the suite falls under Delhi’s jurisdiction, as the offence was committed in Delhi and he mentioned about a ruling of Supreme Court. Will appreciate, if some learned friend guides me, whether the suite is maintainable at Agra or not. Secondly, suppose it gets rejected at Agra, are we eligible to file a fresh suit in Delhi, as the suite is 4 years old, will we get the benefit of limitation or not,.( We mean that will the period of litigation in Agra court will be counted or not. Will be grateful, if some noble soul provides us any ruling of any High Court or Supreme Court,in this regard. Thanking you & with Best Regards . SUKRIT

Michael Rao says : Illegal occupation of my own house by younger
Illegal occupation of my own house by younger Sir, I am having a house bought by me say 25 years ago for my Parents & younger brothers and sisters and owing to my services outside the native place, most of the time I remained out with my family and left the above house. Now, parents died. Mother died two years back and youngers settled and one of younger had occupied and not vacating the same. I want to sell the same. Please suggest suitable action to take property in my custody and removal of occupant. He threats and not vacating. I shall be thankful to your suitable suggestion and guidelines to solve this issue. Shall be so much thankful to your goodself. Regards. Michael Rao

anand says : grandfathers will
In the year 1982 my grandfather made a will and in which my father WAS NOT GIVEN A SINGLE STAKE IN THE PROPERTY, BUT WHEN HE WAS IN HOSPITAL IN 1989 HE WROTE THAT ALL PROPERTY SHOULD BE EQUALLY DIVIDED IN 4 BROTHERS WRITTEN BY HIMSELF BUT NOT SIGNED. AND MY DAD HAS EXPIRED IN 1998 AND I HAVE THAT WRITTEN DOCUMENT OF MY GRANDFATHER AS A PROOF AND ALSO A LETTER WRITTEN AND SIGNED BY ALL THE LEGAL HEIRS OF GRANDFATHER DULY SIGNED BY ALL BROTHERS. OUR PROPERTY IN VILLAGES ARE STILL IN GRANDFATHERS NAME SO TO TAKE THIS AS LEGAL HEIRS I M GETTING A PROBLEM SINCE MY FATHER BROTHERS ARE NOT WILLING TO GIVE US OUR SHARE. NOW HOW CAN I TAKE MY RIGHTS FOR THE OWNERSHIP ISSUE? HOW CAN I USE RTI ACT OR ANY OTHER LEGAL ACT? HOW TO CHANGE THOSE NAMES?

Y V Vishweshwar Rao says : Reply ti Vijay Khanna
Dear Khanna ! The Ordinary Loan /Debt to be acknowledged in every three years - or/by Repayment of Part payment in writing also revives the Debt .Please Check up any payments in the Loan account and keep the Credit Vouchers in the loan documents files as Acknowledgments of Debt - The Debt is Secured by Mortgage Property for enforcement of Mortgage the time limit is 12 years for sale of mortgaged property - Taking of Revival letter is a practice of every bank to Review the Account and revive it- and to file suit or other legal proceedings -if there is no Mortgage . In this Case there is mortgage and Borrowers are under Wrong impression that Govt Will wave the loans. It is better to approach the Dist Collector and get a Clarification Statement by Collector to have proper understanding by the Borrowers about the Debt /Waiver by Govt / Eligibility and other connected factor and there by you will be in position to get the things done in smooth way.

mansi says : unregistered will and legal claim
Sir, My Father has 5 brothers and 2 sisters.My grandfather died with an unregistered will leaving assets on my fathers and other brothers name.The land my grandfather gave to my father was booked on my grandfathers name but all installments were paid by my father right from begining and the land ( we have made a house on that land ) is now a free hold hand and is on my fathers name . One of my fathers sister claims that she wants a portion of property. we are a hindu family.What can we do to stand up our case.The land is in my fathers name and all papers are in order.please suggest.All brothers and sisters have signed the unregistered will except one sister who claims the right now. please help

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