Anonymous
20 September 2023 at 14:07
The builder has transfered Land and building by Indenture of assignment signed by him and deposited it in the BMC Mumbaiin 2005 with foloowing Third Schedule inserted in it
THE THIRD SCHEDULE ABOVE REFFERED TO
COMMON AREA
1- Entrance with lobby on stilt/ground floor
2- staircases with landings from stilt to ground floor up to the 11th floor
3-lobbies of stilt/ground floors onwards up to 6th floors
4-compound open to sky but excluding open parking place
RESTRCTED COMMON AREA
1-Staircases from stilt/ground floor towards basement would be exclusively used by owners /occupants of basement floors premises
2-Lobbies of 7th 8th 9th 10th 11th floors would be exclusively used by owners /occupants of respective premises
3-Staircase with landings from from 9th floor owners up to top terrace floors level would be exclusively used by owners /occupants of 10th 11th and terrace floor premises
4-Exclusive rights in respect of the terrace on 11th floor level and 12th floor level have been allotted /given to the purchaser/allottee of flat no 1101 and 1005 in the same building respectively
5-Exclusive rights in respect of entire basement floor have been allotted /given to Mr kishor Chheda purchaser /allotee of flat no 1004
6- out of the three lifts one lift shown on the floor plan annexed hereto with blue color wash thereon is exclusively reserved and used by Mr Kishor chheda and his family member’s the owners and occupants of 10th and 11th floor and their successor associates and all expenses of lift will be born by 10th and 11th fl
The BMC has not taken this indeture on record even if it has been submitted in bmc in 2005 as per RTI act
The above third schedule is incorporated in the sale agreements of the members /buyers of 7th to 12 th floors in 2005 itself
My question is
What is the implication of above third schedule on the transfer of L&B to Society?
Whether this indenture is valid in law?
Does it mean builder has sold part of L&B of building to members of 7th to 12th floors
Maya Singh
20 September 2023 at 02:30
Dear Sirs,
I had not made the prayer of interest pendent lite in one of the prayers in the plaint in my commercial suit. Now I came to know that the Court does not grant reliefs not specifically prayed for. I fear that I shall not be getting the relief of interest on the compensation amount if I win the case. Can anyone please help ...
Anonymous
20 September 2023 at 00:35
My father have two brothers (let's call them A & B) Our property originally belonged to A who recently gifted the entire property to my father. B passed away last year. Now his dead son's widow (my sister-in-law) is demanding property from my father. They lived with us for 10 years and troubled us the entire time. I wanted to know if my sister-in-law has any rights over the property. Is it possible to evict them? We don't share a good relation with them and she is giving threats to my father. Ours is not an ancestral property. The property was build by brother A who gifted it to my father.
NAGARAJ
19 September 2023 at 19:18
recovery suit the honble court have sent the documents for experts opinion
and same is returned to court with court commisioner report.
now defendant advocate wants to cross examine the court commisioner
hence what is the provision for filing the application for cross examination of court commisioner.?
NAGARAJ
19 September 2023 at 19:11
i have filed permanent injunction suit against the defendant praying that not property'so interfear my peacefull possesion of the plaintiffs property during the pendency of the suit plaintiffs died .thereafter leagl heirs of the plaintiffs filed the application under order 22 rule 3 application to come on record. hon'ble judge allowed the application and amended plaint also filed thereafter hon'ble judge raises a question i.e whether this suit is maintainable.
hence
1.the question is after the death of plaintiff permanent injunction suit maintanable or not?
2.is leagal heirs are barred to contest the matter as a legal heirs of the plaintiff.?
3.kindly refer Any citations stating the the legal heirs suit is maintainable
Anonymous
18 September 2023 at 20:43
Hello sir I have taken a shop for rent & I have him 3lac advance for shop I have Rund the shop for 2 to 4 month & I have not received profit from my shop so I have decide to left the shop
And I have left the shop the shop own told me to Return the it take 2 months time but I have hem 3 months time now he is not giving my money back sir
Anonymous
18 September 2023 at 18:16
Good evening sir/madam,
I am a government servant and My MACP is due since Jan 2023. All my APARS are very good. Had never any history of departmental proceedings or so.
I am facing no departmental enquiry or charges, however I have been named in an FIR related to dowry demand, though there happens to be no marriage. I had informed my deptt. related to this case.
I have never been arrested or there has been no charge framing in this case since last 5 years. The matter is subjuidice.
My question is can my MACP and pension benefits(I am due to retire next year ie. 2024) can be withheld due to this false criminal case?
Anonymous
18 September 2023 at 11:19
I and my wife have joint savings account and demat account for shares with a bank. We have given the name of our son as nominee. As we are very old and may not be able to operate bank accounts etc. we have executed a general power of attorney in favour of our son. Now an officer in the bank says that a nominee cannot be a holder of POA also at the same time. We have given the name of our son as nominee because in the event of our death transfer of our accounts to his name will be smooth and fast. He is our legal heir also. One can give power of attorney only to a person in whom one has full confidence. There is no one else to whom we can give POA. What the bank officer says appears to me illogical causes difficulties for us. I want to know whether there is a law of the land that confirms what the bank officer says.
Anonymous
18 September 2023 at 01:09
Respected Sir/Madam,
I have been falsely implicated in a counter blast FIR U/s 8 & 12 of the POCSO Act, 2012 in the state of Jharkhand. Till date I am any how managing to evade arrest.
My Anticipatory Bail Petitions have been rejected by the Hon'ble Sessions Court, the Hon'ble High Court and unfortunately even by the Hon'ble Supreme Court. A Non Bailable Warrant has been issued against me.
I have not filed Quashing Petition U/s 482 of Cr.P.C. before the Hon'ble High Court yet which, I consider was desirable before approaching the Apex Court for Anticipatory Bail.
In above mentioned conditions, how many days tentatively I have to remain in Custody IF I SURRENDER BEFORE THE COURT AND PRAY FOR REGULAR BAIL.
And, also be kind enough to guide that whether a Quashing Petition will be tenable before the Hon'ble High Court?
I shall remain grateful to you always.
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Freedom fighter dependent grand son of freedom fighter
I am a freedom fighter grand son no any facilities provide till now from ministry of Home affairs rule I applied for petrol pump in cc2 FF category then. Ministry rule said to me you are not eligible for this because only freedom fighter will present on applying time I said to a officer sir there is no any freedom fighter present in this times all in whole Uttar Pradesh then dependent is present on this time then no any rules for dependent for the petrol pump advertisement from home affairs no any rule came sir this is very bad rule why is not removed this category FF in ministry of petroleum