A property has been leased out for 10 years.
Two conditions of the lease deed are as follows:
a) When the Lessee/Second Party for the purpose of establishing or developing the industry on the demised property seeks to obtain loan from a bank or other Financial Institution by mortgaging his Lease-hold interest on the demised property in favor of such Bank or Institution, permission will be given by the Lesson/First Party to this affect provided such mortgage does not affect the rights and powers of Lessor/First Party under this Deed.
b) In case of mortgage of such land to the Bank/Financial Institutions by the Entrepreneurs/Industrial houses (i.e. Lessee/Second Party) with prior permission of the concern authority under industries Commerce Department. (i.e. Lessor/First Party) for purpose of taking loan/Financial Assistance the bank/Financial Institutions will have a limited right to utilize the land till expiry of the lease period on failure of the Entrepreneurs/Industrial houses to settle the loan/Financial Assistance.
Now my question is if the Lessor gives NOC, can the Lessee create EM in favour of Bank. If yes then if it is enforceable under trhe SARFAESI?
My father wants to avail crop loan by mortgaging the property who's RTC is in my name. So, I need to give a No Objection. Does this fall under Affidavit category of e-stamping and the amount stamp duty to be paid. Please help
if a rajsthan govt employee appoint for higher pay to low pay scale how he get pay protection
For commercial purpose, X transferred a larger extent of lands to Y another company through registered lease deed with terms and conditions which includes resumption of lands clause on violations . Also in the lease deed, Lessee was given right to Sub-lease the lands.
After 15 years, when Lessor found that, Lessee had voluntarily breached the terms and condition, issued show cause notice, conducted enquiry and terminated the Lease.
Meanwhile the Lessee has Sb-Leased the lands to 10 person. Now, what will be the status of the 10 Sub-lessee..?
Please discuss with case laws if any...
Blood relation or family definition as per the Bye Laws in Maharasthra
I have moved out and moved in in same society and same tower to a different flat. The society is managed by FMS Company. RWA has not been formed. Residents pay the maintenance and common electricity charges. The GMS company is demanding Rs 5000 + 18 % GST which is 5900. The FMS company has not delivered any goods nor provided any service related to relocation. How any entity can charge for this and there is no basis of how the figure of Rs 5000 has been arrived ?. Can I challenge it legally ?
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I have a Villa/Unit in a Township (400 Villas) which I have taken/bought on Sub-Lease for Rs. 50Lakhs in Howrah, West Bengal. The Builder is the Head-Lessee of the Land through a Lease from the Govt. for 999 years. The Villa/Unit is possessed by me and I exclusively possess it and occupy it, no one else has any right through any means. The front gate is connected to the Common Street Road of the enclosed Township. My villa has 2-Floors (a low-rise building, maybe).
Is my Villa an 'Apartment' as defined under The West Bengal Apartment Ownership Act, 1972??? If not, what laws/definitions cover it?
If yes, do the owners have to mandatorily form Association of Apartment Owners as mentioned in the Act to overtake maintenance responsibilities ? Or, they can create a simple Resident's Welfare Association under Societies Registration Act?
The Builder is not letting the Association form through devious means and religious hatred, and misusing the Maintenance Fees. What options do we have?
Please explain the definitions. Also, how would you handle the case and, if possible, a rough estimate of legal costs of your prescribed procedures, etc.
I have been charged for an offence in 2020. I got suspension order from my govt job. After 3 years in 2023. Iam proved to be not guilty and acquitted by court. Can i rejoin my govt job.
Non payment of cala award
Under the right to fair compensation act 2013 and the National Highway Act 1956, if CALA announces the award but does not pay, can the land owner file an execution in the Court of the Additional District Judge?
Is the CALA (LAC) award a decree?
Does CALA award become a decree once the land owners goes into arbitration? In our case an Award was announced, We went into arbitration. The arbitrator enhanced the CALA award. NHAI filed objections and we filed execution, The objections got accepted and the Arbitrator award was set aside, in the execution can we atleast execute the CALA award?
Note: Till date no payment has been made.