18 July 2019 at 01:13

Pay protection and pay protection

I am working as a PA in Department of Post at 2400 grade pay(starting basic pay 25500 and now after 1 increment the new basic pay is 26300). I want to join other department as I am selected as LDC having grade pay of 1900 it's almost 1 and half year I have joined my present job. My question is if I resign from this job and join other job having lesser grade pay of 1900 can I get my present sailary of 2400 grade pay there ?
If yes then what are the steps for it ?
Please guide me sir it will be a great help for me...

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17 July 2019 at 18:38

Pagdi property sell issue

There's a small room on the name of my grandmother in Kurla W
We want to sell it but its under the pagdi scheme
Its currently not been transferred. There is will declared by my grandmother to transfer it to me.
She and my dad is no more.
The owner has also passed away and the current claiming owner doesn't show any proof of he being the owner and is not acceptable the rent yet.
In such scenario how should i sell thia property?

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17 July 2019 at 17:13

Land dispute

My cousin brother sold the property which was registered in my father's name,what to do in such sitution??pls help

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I entered into an oral agreement to buy a property. I got the sale deed prepared on a rs.5000/- stamp paper and obtained circle rate valuation and prepared stamp duty drafts payable to registrar towards deficit stamp duty. Seller executed the sale deed at his home and asked me to go to registrar office where he would visit at a later time to complete the registration formalities. But later he didn't turn up at registrar office at all and further refused to get the sale deed registered and handover possession.
I as adviced by my lawyer filed a suit for specific performance praying for execution , registration of deed and handover of physical possession or alternatively appoint a court officer to get the executed deed registered and handover possession. Now at the time of submitting evidence seller's lawyer has raised objection citing sec 35 of stamp duty act that the sale deed is understamped and should not be allowed till it is impounded and due penalty is paid.
I have prayed before court that I had got the demand drafts made for deficit stamp duty before the day of execution of sale deed in order to comply with section 3 of stamp duty act, but as the seller refused to co-operate I couldn't deposit the same. I have also submitted to court, along with certificate from bank issuing the demand drafts towards deficit stamp duty, that I kept the draft validated for almost 2.5 years even after filing the instant suit but as there is law under which i could have deposited it with the court as it is to be submitted with the registrar. As there was no certainty about date of registration i got the same cancelled after 2.5 years of filing the instant suit. Further more, I have made submission that if the deed is impounded and I pay the penalty, and at a later stage if the suit is decreed in my favour the seller will have to execute a fresh deed and stamp duty will have to be paid on it, then this will lead to multiplicity of proceedings.
1). Complied with section 3, where stamp duty has to be purchased on or before execution, and I purchased before execution, but deed couldn't be presented for registration.
2). The deficit stamp duty demand draft couldn't be deposited with registrar as seller didn't co-operate and there is no law under which it can be deposited with court.
3). If suit is decreed in my favour and seller executes fresh deed, what will happen with the stamp duty and penalty which I pay on impounding now.

Only if court officer gets the already executed deed registered then the payment of stamp duty with penalty make sense.

Opposite party lawyer relying and seeking action under section 35 of stamp act, i.e, impounding.
How to convince the judge to allow the sale deed as evidence for collateral purpose, and not to impound the same.
If impounded, do I have any legal recourse, if yes then how should I go about it stage by stage.
Appeal in high court? Appeal before collector? Appeal before chief revenue controlling authority?

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Our society is registered in Pune . Builder has submitted fraud z form at the time of society registration in deputy registrar office ...society was registered in Jan 2017 after this builder has done the conveyance deed, when society committee submitted property card documents that time land owner and builder has send legal notice that society committee has done the society registration illegally now please help us what we should do?

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Respected sir my query details as follows, please provide your valuable solution.

1.My grand father[mothers father] has 1.elder son 2. Daughter 3. younger son.
2.After death of my grand father and grand mother the property was shared{by partition} between elder and younger brothers only.
3.The elder brothers wife was died in the year 1992. and he died in the year 2011. This couple are not having any children[male or female]
4.The younger brother not applied for succession or mutation of elder brothers property during his life time.. He also died in the year 2015 leaving behind a widow only. This couple are not having any children[male or female]
5. Now my mother is the only surviving member of my grand fathers family.
6.My mother has applied for mutation of her elder brothers property in her name in the Tahsildars office.
7. But the younger brothers widow submitted objection with the tahasilder cclaiming that she is alsohave share in the his husbands elder brothers property.
8. Can she claim the same? What extent?
9.Will my mother get entire property of her elder brother?

Please advice and provide any judgments citations to produce before the tahasildar.

Thankin you

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16 July 2019 at 11:41

Legal document not been handed over

Hi there,
We hired online legal service provider for registration of our charitable trust in March 2019 end. They communicated over email to complete the trust registration by 19th April 2019.
After a week of part payment made, they changed the date to 10-May-2019.
In last week of April 2019, they said trust will be registered by 3rd week of May 2019. In second week of May, they said trust will be registered by 29-June 2019.
And finally trust was registered on 29-June.
They made potential delay of more than 2 months and demanding for remaining payment. When they receive payment, then only they will handover my Trust registration certificate.

Whatever i mentioned above are in form written communication made by service provider over email and i do have some call recording.

I request experts here to guide me on how to proceed further.
Can i take any legal action against that service provider?
Will police be able to file FIR against that service provider? Or i should approach cyber crime team?

Thanks in-advance.

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16 July 2019 at 07:39

Housing society likage repair

There is likage problem and 2 years before as per society instruction we repair our bathroom by using assigned contarctor from society. After repir also likage not sttoped and later it stooped because it was from our neighbouring flat. Now again there is likage and society is behind us to repair base on their assumption. My flat is not on likage spot and down of our flat there is parking and no house. What is law says about this who is responsible to pay for the same.

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I filed first writ Petition in 2016 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRITS, ORDERS or DIRECTIONS in the nature of writ of QUO-WARRANTO questioning under what authority the respondent holding the post of Principal as incharge basis in College name in view of lack of required educational qualifications.

First writ petition was disposed directing the government to dispose of my representation on merits. Government passed order without deciding on merits but stating the Respondent already removed from post, so representation become infructous (but still he continues in same post)

Again I Second writ Petition filed in 2017 as
prayed that this Hon’ble Court may be pleased to issue a writ of QUO-WARRANTO or any other WRIT, ORDER or DIRECTION in the nature of writ of QUO-WARRANTO questioning under what authority the Respondent is holding the post of Professor in college name Puducherry, and officiating as Principal-in-Charge in College name, in view of lack of required qualifications.

Please clarify the above Whether Second writ petition maintainable or not???? because court dismissed petition on ground of resjudicata.
(No action taken by government on my representation as directed in first writ hence added same pray in second petition also.)

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13 July 2019 at 14:33

Noc from bank for lease registration

We have taken home loan from the bank in 2012, there are three applicants for the loan and property also owned by three persons one third of the property each. I am the primary applicant for the loan. In the year 2018, I became the full owner of the property and it is registered in my name after obtaining NOC from the bank.
Now I want to lease lease the property to a business entity and by registering the lease agreement, for which I have been asking NOC from the bank. Lease term is 9 yeras and the loan remaining terms 8 years.
Bank is not doing any action.
Is there any law which restricts the lease registartion of the mortgaged property?
Apprecaite your advice

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