How to protect my house which is given as the bank guarantee? My father-in-law signed as a guarantor for a loan (to an unknown person from a loan shark). He put home papers as collateral (but the house is on mother-in-laws name, not father-in-law). My mother-in-law expired last year. My wife is the only child. What is liability towards such a loan?
Civil Matters
SARFAESI proceedings against the co-owner of the property
SARFAESI proceedings against the co-owner of the property. I am currently fighting Divorce (since 2016) & DV (since 2017) cases in separate courts. We also have a flat in joint ownership (purchased in 2014 and I am the 1st owner) which is in his custody. In Oct 2018, I stopped paying my share of EMI in a joint account, since even after repeated requests he denied me access to the flat and threatened me. Ever since I stopped paying my share of EMI, I started receiving recovery calls for the loan EMI, society maintenance, electricity bill (which has only his name on it) and also recovery of his credit cards.
I had already informed the bank’s loan dept. in 2019 (in writing) about both ongoing cases and also provided my number and email ID for further communications. Just last month (Nov 21), I received a call from the bank recovery dept and they informed me about the notices sent for nonpayment of EMI and that even the court would serve notice.
I informed them that I did not receive any notice from the bank or the court pertaining to the flat. I asked them to email me the copies as I was not aware about it. I received the following documents: 1) Demand Notice under Sec 13(2); dated 6-11-2019. 2) Possession Notice; dated: 12-2-2020. 3) Foreclosure letter & 4) Account statement. It is a joint loan taken for the flat where my husband is the 1st applicant and I am the co-applicant.
He has put up his hand stating he is jobless since 2017 and asked me to provide him maintenance. He is not even paying maintenance towards the child, even after the MM court passed an order on the same in 2018. Arrears for the same have reached Rs.3.5 lakhs. Please advise what can be done pertaining to the property? I am going through a lot of mental and financial stress. This flat is my only hope to recover something.
Insurance company refusing to renew the policy even after receiving premiums
Insurance company is refusing to renew the policy even after receiving premiums. My wife lagged behind in paying her life insurance premium for April and May, hence her policy went on hold. But later she paid the premiums and even paid a little extra. Then she kept paying it till the month of September and as she was diagnosed with Muscular Dystrophy she claimed for the disability rider in her life insurance policy.
We got a response that our policy is still on hold since June and the insurance company will conduct a medical test before reinstating it. And as my wife had already been diagnosed with MD, her results obviously came out to be of a sick person. And then they denied us the claim and terminated the policy. What should we do in this case?
Seniority dispute between direct selection and departmental promotion
I am selected as JE in railway under GDCE quota vacancy and after completion of training 22-10-2020 join on regular post. Whereas promotional quota JE selected on 28-08-2020 and given higher responsibility from 28-8-2020 then sent them for 3 month promotional training. My seniority is assigned from the date of completion of training whereas promotional quota JE seniority is assigned from the date of beginning of training. So who will be the senior?
Government has appointed some engineers without publishing advertisement
The government has appointed some engineers in the irrigation department without publishing the advertisement. It is a grave irregularity because the department did not follow the standard procedure in appointment of candidates in the government job. The ministry of irrigation was involved in the procedure to select the candidates of his own choice. There is gratification and malpractice on the part of the government.
Because of which the government has bypassed the selection procedure. I want to cancel this examination and conduct a fresh examination after publishing an advertisement and accepting application forms. Is it possible to compel the government to conduct a fresh examination?
Exam has not been conducted on OMR sheet
The exam has not been conducted on an OMR sheet. I am working at CLW/Chittaranjan under the ministry of Railways as a Technician. This month I appeared in a promotional exam of Inter stage J.E. (LDCE). I was shocked in the exam hall to see the answer sheets, which were given to us to write the answer. It was not an OMR SHEET. We were given totally blank pages to write the question and its answer by hand.
The answer sheet had no carbon copy in between, no identity and no copy number printed on it like an OMR Sheet. Mention one thing but the questions were 100% objective multiple types. While the Railway Board Rule 196 dt. 14.12.2018 clearly says that all the promotional exams should be on CBT Mode or on OMR SHEET.
In the past the administration had been conducting the same exams on the OMR Sheet. Before this exam the administration has continuously conducted three such exams of JE on OMR Sheet and many other departmental exams also on OMR. The plain answer sheets can easily be changed with another one who has the approach but the OMR sheets are difficult to change as they are kept under the custody of two different officers at different places. And so the OMR Sheets are more reliable.
When the Railway Board has ordered to conduct the promotional exam on CBT or OMR Sheet, how can the administration force us to write the exam on Plain sheet? When the administration was continuously conducting the same exams in the past on OMR Sheet then why this time not? Should the administration re-conduct the exam? Result is about to be published. What can we do to cancel this exam and to have a fresh exam? Thank you.
Tenant has promised to clear the dues shortly but he is trying to cause delay in payment
I rented my house in March 2021 through a rental agreement. Police verification was done at that time but I couldn’t collect the same because of being out of Station due to Corona. Now the man of property dealer who had dealt with this case has all of sudden left the job and is not traceable so all these documents are not available with me.
The tenant is also not in the flat and has not paid rent for two months. After several attempts I could contact him and he paid rent for one month saying his father is in ICU and he will pay rent shortly but I can’t trust him. What should be my next course of action in the above circumstances? Should I wait for some more time?
Ex-employee started business with employer’s clients
My employee started his own business without my consent and he converted my business to his firm. He used all my clients data and relations he built up as my employee for his personal benefit. While he is doing so, he enjoys all benefits like salary allowance. Can I file a criminal case against him? If possible, which section in IPC?
Tenant has not been paying rent – Eviction of tenant
My tenant has not been paying rent since November 2019. I am a 68 year old person from Visakhapatnam. I gave my shop on rent to a person for tailoring. He paid the rent for the last time in Aug 2019 through phonepe. From Nov 2019 he stopped paying current bills also. So I tried to call him to warn him about these things but he didn’t pick up the phone then. So I locked the shop in Feb 2020 having no other option and sent him an sms to meet me, vacate the shop and pay the outstanding rent.
He then came to and blackmailed me that if I didn’t give him the shop back. He would harass me through the police. As I didn’t give him the shop. He filed a wrong complaint against me in the police station in July 2020. But police told him to pay rent first and then do anything in court or in the presence of elders.
Suddenly on 28th Dec 2020 at 2 am he tried to break the lock of the shop. When I heard the noise, called the police and video recorded it and next day filed a complaint against him on which no action was taken till now. I am losing 2 yrs of rent because of him. I have no other sources of income and my children are still young. Please tell me how I can evict him and collect my outstanding rent of 2 yrs?
Tenant owns a house in the same city: Eviction of tenant
Our father had purchased three houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant family was on rent, the time we purchased it. This tenant is no more and his wife lives with her elder son now. Her daughter is married & settled. And though both of her sons own houses in Dehradun. Her younger son is living with his family in our house and not vacating it.
Our family has extended and we need this house to be vacated urgently. According to the tenant this house is an allotment house and can not be vacated. Is there any new law supporting a landlord in this kind of situation? Please help and guide.