Can I purchase a property from a person against my previous transactions to that person, and if that property is mortgaged with a bank then how safe is it to buy.
Yes, you can purchase a property from a person with whom you have had previous transactions, as long as the property is legally transferable and the seller has the right to sell it. However, it is important to conduct a thorough due diligence on the property before making the purchase to ensure that there are no legal issues or pending disputes related to the property.
If the property is mortgaged with a bank, it is important to verify the status of the mortgage and whether the seller has obtained a no-objection certificate (NOC) from the bank. The NOC is a legal document that confirms that the bank has no objection to the sale of the property, and that the mortgage has been cleared or will be cleared from the proceeds of the sale. If the seller has not obtained an NOC, the bank may still have a claim on the property, and this can create legal complications for the buyer.
Hello, my land is located in Telangana and the government is constructing a radial road that will pass through my land. However, the construction of the road has been on hold for the past 6 years and the road is currently 4km away from my land. My question is, can I sell the land during pendency of civil suit?
Asked from: Telangana
If there is no court order preventing the sale of the land, then you may sell it. However, since there is pending litigation in respect of this property, it is considered a suit property.
Generally, the court orders to maintain the status quo until the suit is disposed of. Therefore, if there is a court order staying the sale, you cannot sell the land while the suit is pending.
If the court has not issued any such order, the suit property can be sold. However, the proposed sale will be subject to the final decree of the civil suit.
The buyer will be bound to comply with the final decree of the court because they purchased the land during the pendency of the civil suit.
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Sir, I got married on May 31, 2022, but on June 9, 2022, my wife left me with her boyfriend with the permission of her parents. Suddenly, on October 19, 2022, she filed a case against me for dowry harassment under section 498A with FIR no. 323/2022. After that, mediation was sent, but she refused to live with me and demanded Rs. 7 lakhs. I refused to pay the money. The mediation failed on January 20, 2023. What should I do now? Please guide me, sir.
It is important for you to fully cooperate with the investigation, as this can help prove your innocence. It's worth noting that the mediation failed because your wife refused to live with you, which was not your fault. It appears that your wife is involved in an extramarital affair and does not want to continue living with you.
In this situation, it may be in your best interest to file for divorce under Section 13 of the Hindu Marriage Act on the grounds of adultery. If you have evidence of your wife's affair, it is important to share it with the investigating officer and present it in your divorce case.
It's unlikely that the High Court will quash your case at this stage. It is best to let the investigating officer submit their report under Section 173 of the CrPC. Once the investigation is complete, you can try to file an application to the High Court under Section 482 of the CrPC along with evidence of your wife's extramarital affairs. The court may then consider quashing the charge sheet.
Is it necessary for the party to submit rent receipts/agreement for claiming the amount of house rent awarded in DV case under Section 19(f). Any Citation or law to highlight the information.
Yes, it is necessary for the party to submit rent receipts or a rent agreement for claiming the amount of house rent awarded in a Domestic Violence (DV) case under Section 19(f) of the Protection of Women from Domestic Violence Act, 2005.
Section 19(f) of the Act allows the Magistrate to direct the respondent (person against whom the complaint is filed) to provide alternative accommodation to the aggrieved person (person who has filed the complaint).
In order to claim the amount of house rent awarded under Section 19(f), the aggrieved person must submit proof of their rental expenses, such as rent receipts or a rent agreement, to the Magistrate. This is because the Magistrate will need to verify the actual amount of rent paid by the aggrieved person before awarding the amount of house rent as monetary relief.
There is no specific citation or law that mandates the submission of rent receipts or a rent agreement for claiming the amount of house rent awarded under Section 19(f). However, it is a general legal principle that a party must provide evidence to support their claim for damages or compensation.
Therefore, the aggrieved person must submit rent receipts or a rent agreement to prove their actual rental expenses and claim the amount of house rent in residence order under Section 19(f) of the Act.
Broker illegally refused to sell my property. My broker said that he will not sell my flat because that floor will be used for social activities. This is verbal refusal. It is my property and I will decide the use of it. How to proceed against the broker.
If your broker has verbally refused to sell your flat because they believe that the floor will be used for social activities, this could potentially be a violation of your rights as the owner of the property.
Ask your broker to provide you with a written explanation for their refusal to sell your flat. This can help clarify their reasoning and provide a record of their actions. Review the terms of your agreement. If you have signed an agreement with the broker, review the terms carefully to see if there are any clauses that may relate to this situation. Make sure you understand your rights and obligations under the agreement.
If you believe that your broker is unlawfully interfering with your right to sell your property, you may want to consider taking legal action. This could involve filing a complaint with a regulatory body or pursuing legal action through the courts.
Advocate commissioner can be appointed under the SARFAESI Act. No idea about the SARFAESI. It's common to appoint advocate commissioner for taking possession of the property. Please suggest.
SARFAESI stands for the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, which is a law in India that allows banks and financial institutions to take possession of the assets of borrowers who default on their loans.
As per SARFAESI Act, banks and financial institutions can appoint an advocate commissioner for taking possession of the property. An advocate commissioner is a legal expert who is appointed by the court to oversee the possession and sale of property.
The advocate commissioner plays a crucial role in the process of taking possession of the property. They are responsible for verifying the identity of the property, ensuring that there are no legal disputes over it, and conducting the sale of the property. They also ensure that the sale proceeds are distributed appropriately among the various stakeholders.
If you are a borrower who is facing a situation where an advocate commissioner is being appointed for taking possession of your property under the SARFAESI Act, it is recommended that you seek legal advice immediately. A qualified lawyer can help you understand your rights and guide you through the legal process.
Wife want luxurious life hence not living with husband. I filed restitution of conjugal rights case under section 9 (RCR) & my wife filed maintenance crpc 125. My life refused to live with me without any sufficient reason and she wants a luxurious life.
If your wife has no sufficient reason to live separately then she is not entitled to claim maintenance under Section 125 crpc. According to subsection 4 of section 125, a wife is not entitled for maintenance if:
- She is living in adultery
- Without any sufficient reason, she refuses to live with her husband
- If spouses are living separately by their mutual consent
Second ground of section 125(4) attracts in your case hence, you should file an application under Section 125(4) crpc for the dismissal of the complaint.
So far as the RCR is concerned, you should proceed in that case and adduce evidence to prove your wife's guilt. If the court finds that wife without any cogent reasons living separately the court may allow your suit and direct your wife to resume the matrimonial relations.
Wife cannot claim that she needs a luxurious life. Any demand which is beyond the financial capacity of the husband is illegal. That demand cannot form the ground for living separately. Your wife's demand is illegal hence, the court may allow your suit for RCR.
Prosecution after four years from retirement. Local authority asks CBI to file FIR against retired and retiring employees. Lodge the FIR for negligence of duty tantamounting threat to life & property. The alleged offence by churning out substandard housing flats declared unsafe by one technical expert. Building is built 10-12 years back citing criminal conspiracy amongst a huge number of technical employees, construction agencies etc. Is it tenable under the law post retirement of 7-8 years.
The present FIR is illegal because it has been lodged after the gap of four years from the date of occurrence. A retired government servant shall not be prosecuted for the offence committed beyond four years from his date of retirement.
In this scenario you should file a writ petition in the high court for the quashing of the FIR. The high court may quash the FIR because it is violating the service rules. You committed that offence while you were in government service. That offence was committed in the discharge of your official duty.
When the government servant committed an act in the discharge of his official duty then any offence arising out of that act needs sanction from the government. After retirement of that government servant however, the sanction for prosecution is not required but where the offence committed is beyond the time period of four years the government cannot prosecute him.
Second Marriage Registration and Bigamy: Will You Still Get Family Pension. I was married in 1996 socially, but completed registration only in 2022. My husband might have registered marriage with another woman offline between 2017 to 2020. He has even removed my name as a nominee from his family pension account and put in some other name. What is my marital status now? Shall I be entitled to receive a family pension if I happen to live longer than him?
Under Section 8 of the Hindu Marriage Act 1955, it is not compulsory to register a marriage. In 1997, your marriage was solemnised, and you possess photographic evidence to support your claim of marriage.
However, your husband's second marriage is illegal because he was already legally married at the time of his second marriage. This act of bigamy is punishable under Section 494 of the Indian Penal Code.
As a legally wedded wife, you have the right to receive a family pension. To address your concerns, you should file a complaint against your husband under Section 494 IPC and provide a copy to the department where your husband is employed. Bigamy is a serious offence, and the department may initiate disciplinary proceedings against your husband. In this situation, the department may divide the pension and other retirement benefits and allocate a portion of it to you separately.
Property dispute regarding one feet strip of land. Property dispute regarding one feet strip of land. My neighbour is not allowed to enter my other wall side. We have one foot on his land side. But he has 9ft away for their personal use. But he said don't come to this side, use the other side for all the purposes. Should my neighbour need to put one ft and give a common area or should he allow me to use my other side wall to paint or other purpose?
It sounds like you and your neighbor have a property boundary dispute, specifically regarding the use of the one-foot strip of land that is on your neighbor's side of the property line but is necessary for you to access the other side of your wall.
However, in many cases, property owners have certain rights to access and use portions of their neighbor's land, known as easements or rights-of-way. These rights may be granted through legal agreements or may be established by law. Depending on the circumstances, you may have a legal right to access the one-foot strip of land on your neighbor's property in order to maintain or use your wall.
If your neighbor is preventing you from accessing your wall or using the one-foot strip of land, you may need to take legal action to resolve the dispute. This could involve filing a civil suit for a decree requiring your neighbor to allow you access or to establish an easement or right-of-way.
Before taking any legal action, it may be helpful to try to resolve the dispute through communication and negotiation with your neighbor. You could consider speaking with your neighbor to explain your needs and concerns and to try to reach a mutually agreeable solution. In some cases, mediation or other alternative dispute resolution methods may be effective in resolving property disputes without the need for legal action.
