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Vikash Anand

Posted 2 months ago

Sir , I took an education loan in August 2004 for my BSc nautical studies degree. I had applied for 5,75000 for this but the manager he can only section 4 lakhs but assured us that he would increase the loan amount later. As I had to deposit my first installment and had no option i agreed. In due course he did not increase the loan amount as promised and I was unable to pay the installment . So I forwarded a written complaint to regional office , head office of the bank, and forwarded the copy to RBI, and the finance ministry. I even filled a civil writ.The bank got into action and a senior official came and met me and assured verbally that if I take my writ back he would sanctioned the rest amount. But he did not . As a result I could not complete my course. Presently I am unemployed. Few days back I got a legal notice from the bank for depositing my loan amount with interest which was stated to be 29 lakhs approx failing to which they would initiate the process for body Warrent and attachment procedure. Sir, please advice me to what should I do . Thanking you Vikash Anand.
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A. Dear Sir, You have to pay the money back to the bank with interest. The other option for you would be to try for one time settlement. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I have taken a premises on rent in my own name. now i wish give the same for business for a partnership firm in which i am a partner. Bank says that Rent agreement in name of firm is must. please guide.
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A. Sir, as per your query lets make a few things clear here before getting started. 1. An individual and a firm are two separate legal entities. 2. Any problem regarding the firm will not make you personally liable [unless otherwise stated] Having said that, you had taken the premises on rent and now want to give it to the partnership firm in which you are also a partner. For the same, you partnership firms needs to have a rent agreement in its own name stating as such that the partnership firm is paying a certain amount of rent to the person from whom such premises has been taken. Such an agreement is a must and should be made, as it is the partnership firm who will be working on that premises and not you [who is a different person in the eyes of law] Hope this helped Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 2 months ago

What happens if a applicant files bankrupt and what is the liability of coapplicant
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A. Dear Sir, The liability of principal borrower and co-applicant and even the gurantor is joint and several as the bank may proceed against the secured assets of coapplicant. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Dear Sir, I am a employee of state Bank of India, recently i resigned the job and i have worked in SBI for 3 years. after resignation i have requested for terminal benefits like PF settlement, PL encasement and experience certificate and required document submitted to Branch Manager. till now my work has not done by branch manager. i have asked the branch manager about status he is telling that i have done my part of the job rest have to be done my higher authority. but on inquiry i came to know that he is not moving my claim forms to higher authority. intentionally branch manger not moving my claims forms to concerned office. it been almost 6 months my works have not done. after 5 months branch manger mailing me that PF claim returned as date mention in application wrong.how can i take action against him.
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A. Dear Sir, Get issue a legal notice and file a money recovery suit and settle the issue. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Sunil Kumar Singh Experience: 17 Year(s) Kanpur

Anonymous

Posted 2 months ago

I took a business loan from a bank in 2007 after taking the loan then for two years I paid loan months of money Then suddenly my business was closed Then I could not pay the money in the month of the month The letters were coming from the bank One day I went to the bank and said I want to repay the loan completely How much will I pay? Then the manager gave me a calculation And I took a date from the manager And I wanted to pay the loan on that date And then I told the manager that sir I just want to pay the whole lona I'll pay the money together, sir a little less Then the manager did not accept it first and then I said no more than sir But the manager did not tell me once that you will lose your loss and you will never get the loan And I paid less than 10 thousand to the bankAnd the manager gave me a compromise settlement paper Then after two years I started a business again And I need some money again Then I went to another bank again The bank gave me all the papers and said that everything is okay Come on in such a day I went to the bank that day and told me bank Your name is civil You will no longer get a loan from anywhere And then I came to know about this issue in the previous bank They said that this matter has been done for you to give less than 10 thousand rupees Then I told the bank that you solved my problem And the bank said it is no longer in our hands Please sir help me how to I solve my this big issue
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A. Dear Sir, You may approach the High Court and it has special powers to give you some relief. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
R.SUBASH S/O. M.V.RAMAMOORTHY, 67 SOUTH STREET, KARUR 639001 Cell:97877 31302 Email: sssrdps@gmail.com Ref: : High Court Bench Judgements proceedings dated 20.02.2018 I had purchased a property from SBI on 11.12.2013. SBI auction advertisement as on 12.09.2013 This advt. told auction property was physical possession by SBI. Property auctioned on 18.10.2013 After auction SBI told Building Plan Approval copy, Survey map was missed. I had a compliant to Banking Ombudsman as on 05.12.2013 complaint No.201314006004341. After that I had received a xerox copy of Building plan approval from KARUR MUNICIPLAITY with the help of previous owner letter. SBI send a letter to me, If you not pay the balance amount within three days advance amount will be forfeited letter as on 26.11.2013 (Bid mount Rs.5,80,000 and 10% of acceptance of bid Rs. 8,71,250/- total 14,51,250/-) Xerox copy of building plan approval copy attested by Mr. Manickkam (Officer, State bank of India, KARUR.) After that I send a xerox copy of building approval and I get a loan from Karur Vysya Bank and settled the balance amount and get a SALES CERTIFICATE FROM SBI AS ON 11.12.2013. I get a Survey map from KARURMUNICIPALITY AS ON 11.02.2014. The Survey map is entirely different from this property So, I sent a complaint to BANKING OMBUDSMAN COMPLAINT No 201516006003666 dated 14.12.2015( for land recovery) but SBI still does not take any action to recover of my property and also I sent a so many complaints to RBI, STATE AND CENTRAL GOVERNMENTS but SBI did not take any action Because of this reason, I can not use the basement floor area 1625 sq.ft. because there is no sunlight and No way. The way is occupied by the next house owner with the support of SBI (AS SBI ER.VALUATION REPORT Ground Cost 1625 sq.ft. x Rs.1200 plus Building Value Rs.7,71,062.50 Total Basement floor area Cost Rs.27,21,062.50+ others occupied area 507.75 sq.ft. x 1200 = 6,09,300 Grand total cost 33,30,362.50. I sent a direction petition to MADURAI BENCH OF MADRAS HIGH COURT as on 22.04.2016 W.P(MD) No:7579 of 2016 to The Municipal Commissioner and reply from The Asst. Taluk Inspector, Taluk office , Karur told that 507.75 sq.ft. is west side owner occupied in this area also construct the building of part of the area. ( SBI told this property possession taken by SBI. Why SBI give THE WRONG NEWS IN ALL TRANSACTIONS) So many number of cases The Supreme court and high court “AS IS WHERE IS” definition is this word mentioned the meaning only the quality of LAND. The Court held that the condition "as is where as basis" does not mean that property may not be in existence at all. It only means whatever the condition of the property on the spot is same shall be sold in the same condition. However, if property is not at all in existence on the spot or is not identifiable/can be located on the spot, then neither sale deed can be executed of the non existing property nor purchaser can be handed over possession thereof.” Still SBI does not take any action for recover of my property and original building plan approval copy. Finally, I sent a writ petition No.23910 of 2016 through Mr.Govindarajan to High Court and this petition was dismissed and High Court judgements said “The petitioner is at liberty to approach the respondent bank for necessary relief”. So, I sent a Registered letter to The Authorised Officer, SBI , Karur as on 14.05.2018 but still do not take any action. High Court Judgement Sl.No. 3. clearly state that this problem solved by way of appropriate proceedings under SARFAESI ACT. On 29.05.2018 I had received the old mother documents copy from Sub Registrar Office, Karur West this documents dated 27.11.1935 and this documents said that four boundaries are correctly mentioned but the area is 25x250=6250sq.ft.­­ So, I sent a RTI letter to SBI(19.07.2018) but SBI reply is auction under AS IS WHERE IS BASIS so, we can’t take any action. SBI under RTI Reply that this problem solved through DRAT. So, Please take necessary actions for recover of my property with compensation. and register the balance area through registered office in karur, missed area includes my survey map 1519/1 for the purpose of govt. taxes paid in future . Still I am pay the EMI Rs.22,431.00 and pay the interest for other loans Rs.15,000/= per month. So, I am expecting Quick your relief actions as early as possible Other wise Please help that what is the correct procedures for solved this problem through DRAT or SBI procedures. - R.SUBASH
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A. In such circumstances i would advise you to meet a lawyer to vet the documents. On examining the documents further remedy may be suggested. It will be difficult to understand by going through your query alone as during interaction several questions may arise and get sorted out.
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Rajaganapathy Ganesan Exp: 4 Year(s) Chennai
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I am not able to pay balance amount RS 135000/ so balance 3 EMI so please give me credit card latest legal advise. If I break settlement what action taken by hdfc Credit card
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A. Dear Sir, 1. Go to the Branch manager of the Bank, HDFC from where you have taken money and explain your position and ask for time.That will be the better option. Before accepting your Credit card you must have received some papers which might have included Terms and Conditions, please go through it and act accordingly. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 3 months ago

Hello, My mother borrowed 1.5L home loan from a co-operative Bank, 10 years ago. She made irregular payments. Now the bank is asking us to pay 4L immediately otherwise they will go for eviction. Currently we are not financially stable to pay that much amount. What are my options here.
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A. Dear Sir/Madam, Please try to see the original document on which your mother borrowed the loan and its terms and conditions applicable.You will be governed by that. The other option get in touch with the Branch Manager of the bank and explain the position and try for one time settlement. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir, my uncle stood as a guarantor for a bank loan in nationalized bank and given security collateral for the loan. Borrower is my uncle relative. The borrower and bank manager joined together and made collusion in the loan transaction. Bank manager received bribe from borrower and given adhoc facility by 200% without any superior approval. Bank manager personally given more money. Borrower escaped few years back and account declared as NPA. Later the bank made a complaint in CBI and the bank manager was dismissed from his role. Few months back the CBI court given judgement and convicted both Manager and borrower for a years with huge amount as penalty. In this situation my uncle guarantee still valid? Many of my friends told that the Guarantor is not liable for colluded transaction.he must be discharged from the liability.. Please advise. There are so many judgement given in favour of guarantor for same scenario by different Indian courts. Please help. Thanks
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A. From bank's perspective, the guarantor is treated as good as the borrower. Hence, it is the responsibility of the guarantor to clear the loan. In case the said guarantor refuses to comply with the demand made by the creditor/banker, despite having sufficient means to make payment of the dues, such guarantor would also be treated as a wilful defaulter. Refer to the notification of the RBI dated September 9, 2014 and SC judgement justices BS Chauhan and Dipak Misra 2012.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Sheetal Hadale

Posted 3 months ago

I ask question but wrong understand.... My question is I gave money to one of my friend by cheque he need that time he promised to give after some month but now he is not returning my money so how can legally I can make him to return my money
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A. it will be difficult to recover because as there is no written instrument. Even police won't take your complaint as FIR. But you may try your luck by filing an application under section 156(3) CrPC before the magistrate to give direction to the police to take your complaint as FIR and make an investigation.You require two witnesses in whose presence the cheque was given and the terms of its refund. If you are able to do this then there will be possibility he might refund your money. Contact a local lawyer from Vidhikarya to take up your matter.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

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