Civil Matters

Bank initiating process of auction

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Sir, my son has taken a loan from Bank of Baroda and he failed to repayment so the bank is now initiating proceeding against me for recovery of the loan. I was the guarantor of the loan. I am 65 years old and this is my one and only house. Bank filed a case before DRT. Now recovery officer came to my home and said that your house shall be auctioned in next month.

I am very afraid and want to save my home. How can I liable for the repayment of loan because I was the only guarantor? Is there any provision to stop this auction process and settle the loan with the bank?

Neighbour causing nuisance in my property

Respected Sir / Madam, I have s strange problem due to my neighbours as they keep hammering out our flat with a hammer and same has been done for the last 3 years. I have made NC to the local police station along with NC for the last 3 years I am also having Video record clearly showing the hammer outside my house and on various occasion, I got a recording with me.

Local Police of Borivali west is not able to take FIR not any action because the family has got some political pull with them. I have got various NC for past years and video recording with me on various occasion. also, my parents both are sr. citizen. 

I want to know any strong action is possible from Court order as the local police have no say in this as per them this is a small issue. My parents are really tired of this for the past few years. All this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire. Thanking you and Regards.

How much compensation would I get from MACT

I was a truck driver having a licence of the heavy vehicle from the transport office. I met an accident last year and my one leg and one hand are completely crushed. I was 28 years old at the date of the accident. I had been in the hospital for 15 months. I permanently disable to perform my job due to a 60% disability.

I filed a petition before MACT for compensation under section 166 of the Motor vehicle act and section 3/4 of Employee’s compensation act. My advocate claimed 35 lakh rupees as compensation but insurance company in its counterclaim said that only 2 lakh compensation should be made against the company.

Sir, I want to know how much compensation would I get from MACT, I have been filing ITR of rs 2 lakh income per annum for the last 2 years.

Recovery of money decreed in another suit

There are two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court.

Now I, the plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money?

Mutation is pending due to fraud

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Dear Sir, My Father has bought a sellable area or Land 2 years back. My Father has all the documents like sale deed number and he has all the registered documents received from Court. He has requested for Mutation in Block office in Jan or Feb 2015.

After sometimes someone able to manage some fraud papers without any sale deed or any relevant documents and he approached to CO. Because of this issue mutation is still pending.

Now my question:- Is it possible for someone to take my property without showing any sale deed or by showing fraud written letter in which no sale deed number available? What action should we take against them? Thanks

Unreasonable delay in civil suit

Sir, I am working as inspector in police dept., in 2008 an old lady came with a complaint regarding some property dispute and status quo of the shop with her sons, I was in charge of the police post at that time, I went on the spot and to prevent a breach of peace I...

Execution of foreign judgment in India

There is an unique procedure for execution of foreign judgment in India. When a foreign court cannot execute its judgment or decree in India because it has no territorial jurisdiction. In this situation the decree holder shall file a fresh civil suit in India on the...

Recovery of loan from maternal grandfather

Hi Sir, My maternal grandfather has just expired. He had taken some money from us to pay his debts against some interest. Though he could partially pay back the money majority of the money is still not clear. I have three uncles (only one is married) and 5 aunties (all are married). My grandfather had 5 brothers.

Recently their family division has taken place and there’s a significant property in his name. My uncles are not ready to pay back the money. They are blackmailing us that they would pay back the money by transferring some property to us provided my mother signs with the family settlement. Apparently, there is no will signed by my grandfather. I just want to know that should we file a suit of partition and will that survive in the court.

Registration of marriage in Gujrat

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I have done an intercaste marriage. Moreover, applied for the benefit of one Scheme which requires the marriage to be registered under the Hindu Marriage Act 1955. I belonged to the SC community in Gujarat and married to a Sindhi Girl. 

We have done a marriage as per Hindu ritual and, through my relative, I came to know that I can get the benefit of inter-cast marriage by Ambedkar foundation which is centrally sponsored scheme, so I have applied to take the benefit of that scheme.

However, they have replied that I am not eligible to take the benefit of this scheme as I have not registered the marriage under the Hindu marriage act, as per there scheme. “The marriage should be valid as per the law and duly registered under the Hindu Marriage Act, 1955.” AS I am from Gujarat, I have submitted the Gujarat Marriage Registration Certificate.

So can I again register my marriage under the Hindu Marriage Act, 1955 in Gujarat and can take the benefit of the Ambedkar Foundation scheme. We have done a marriage on 19.08.2014. Kindly guide us in the matter. Your advice would be highly appreciated.