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rohit   12 October 2009 at 01:04

Covering of Garden

Our society (Resgitered as per MCS 1960) while recently resurfacing the compound grounds has also covered the garden area. The original plan shows the part of the compound reserved for garden.
What are the Impications ?
Is the society managing committe flouting their powers?
Can the BMC impose penalty on the entire society ?
Do the members have any fall back to this high handed almost unilateral decision of the managing committee ?

rohit   12 October 2009 at 00:15

Amalgamate flats

Am resident of a Mumbai Coop Hsg SOc registered under MCS 1960 and follow the NEW BYE LAWS.
We own two adjacent flats & would like to join them
1. Is this permissible under the BMC laws
2. Do I need managing committe permission
3. If yes, can i still maintain two seperate electric meters and therefore enjoy the lower slab charges for consumption
4. Anything i need to keep in mind

Sumir   11 October 2009 at 23:48

terminologies and fees

Well I had possed this question before also but didnot get suitable satisfactory reply owiing to my lack of proper questions, I like to ask:
1. What is difference in terms of "Original Side" and "Appellate Side" and "Criminal Jurisdiction" of Bombay High Court. [ Refer URL: http://bombayhighcourt.nic.in/site/proceeding/apltdet.html
2. What is difference between Criminal Writ Petition, Criminal Appeal, Confirmation Cases, Criminal Revision Application, Criminal Application, Criminal Miscellaneous Application , Criminal References, Criminal Contempt Petition, in Bombay High Court[refer
URL: http://bombayhighcourt.nic.in/site/proceeding/mattypecr.html
3. Under which category a litigation challenging police inaction to register FIR lies?
4. What is court fees for above litigation payable to court? What has to be mode of payment?
5. What is fees of PIL payable to court and mode of payment? Can, as a point in relief asked, we can ask to initiate criminal proceeding in PIL?
6. What are formalities to be fulfilled for filing PIL?

Atish   11 October 2009 at 23:20

TRANSFER OF NAME OF REGISTERED GIFT DEED

MY QUESTION ASKED PREVIOUSLY TO WHICH I GOT A POSITIVE ANSWER FROM ALL THE RESPECTED AUTHORITIES ON THIS SITE. THANK YOU EVERYONE. IT WAS ANSWERED THAT IT IS TOTALLY AND LEGALLY RIGHT. THE QUESTION WAS AS FOLLOWS:

‘If 50% share of a residential property is gifted vide registered power of attorney and registered with the resistrar and later after the date of registeration of Gift Deed the Power of Attorney is revoked, does the Gift deed stand valid or can a stay be taken, and could any legal action be taken on the Power of Attorney holder( The regsteration of Gift deed is done and then a notice for revoking dated after that is sent to the P.O.A. holder).
Regards’

NOW ON HANDING PAPERS IN THE SOCIETY WITH ALL UNDERTAKINGS THE SOCIETY HAS FINALLY TRANSFERRED THE NAME ON THE SHARE CERTIFICATE. THANKS TO ALL THE GUIDANCE FROM LAWYERSCLUBINDIA ADVOCATES WHO ANSWERED ME PROMPTLY.
THIS WAS DONE IN 3 SOCITIES AND ALL HAVE DONE THE NEEDFUL EITHER IN THE PAST OR AS THE LAST ONE WAS PENDING JUST A WEEK AGO.
AS THE PETITIONER'S ADVOCATE HAS BEEN TRYING TO TAKE PERSONAL VENGENCE BECAUSE OF DEFEAT IN ALL THE CASES SUCH AS THE CUSTODY OF CHILD ETC. HE IS WRITING TO ALL THE SOCIETIES AND THEY ARE GETTING DISTURBED AND A BIT WORRIED. COULD ANY ACTION SEVERLY BE TAKEN AGAINST THIS ADVOCATE.
AS IT IS THERE IS A PENDING CASE OF MISCONDUCT FILED BY ME I.E. THE RESPONDENT ON THAT ADVOCATE IN THE BAR COUNCIL.
REGARDS

Member (Account Deleted)   11 October 2009 at 22:26

Verdict for false SC/ST certificate

If a Member of a Parliament / Member of a Assembly elected with a false SC/ST certificate, what will be the action taken by the Hon’ble Court?

Member (Account Deleted)   11 October 2009 at 22:20

Defination of Scheduled Tribe

How Government of India defines accurately Scheduled Tribe for issuing S.T. Certificate?

If a forward caste group of persons uneducated and very poor live on hillock side/ in forest/remote agency area is he eligible to get S.T.Certificate?

In remote areas how you measure backwardness and tribes?

Divakaran K   11 October 2009 at 21:37

Maintenance of aged parents

My friend who is aged 60 years and his wife aged 51 (both have no income or properties) are living with their eldest son since 2003. Suddenly, last month, the boy threatened them to move out of the house lest he will throw their belongings out, under the influence of his wife who wants to get rid of them. Since then they are ill-treating the parents. The boy has a own flat and is also a owner of another posh flat. He works in a IT company earning around Rs.85,000/-. The second boy who lives abroad is sending Rs. 10000/- for his parents livelihood and medical expenses of the mother. The mother has osteoporasis and is spending around 4500 from the amount for medical expenses. In the circumstances, if they move out of the house, can they claim maintenance from the elder boy? My friend wants legal opinion on the above. Can you help him? Regards.

umesh   11 October 2009 at 20:05

debtrecovary tribunlal procedure

kindly inform me about the debt recovary tribunal proccedure (DRT) for a pesonal loan of 15 lakhs .only pdc given No colataral security given and 14 emi paid.furher emi not paid due to finacial crunch.

allurisivajiraju   11 October 2009 at 20:02

Insolvency Petition.

Respected Seniors,

One Mr. X filed a Debtor Insolvency petition. There in Mr. X stated that one of his creditor Mr. Y approached him and stated that If you (Mr. X ) transfers all of your properties in my name then i will clear all the debts. Mr. X relied upon the words of Mr. Y and that all of his properties transfered in the name of Mr. Y by way of agreement to sale cum General power of Attoprney. By taking advantage Mr. Y trasfers the said properties in name of his friends and relatives by way oif sale deeds. Hence Mr. X filed the said Petition and prayed the Hon'ble Court that punish Mr. Y according to law and cancel the documents executed by Mr. Y in favour of his friends and relatives and also daclare him as an insolvent. The said Petition was filed by Mr. X with in the 90 days from the date of documents which were executed by Mr. Y.

In the above circumstances what is the legal remedy available to Mr. X.

Thanking you sir in advance.

K.Ravichandren   11 October 2009 at 18:56

Property Registration Authorities demanding more stamp duty

I bought a property of vacant(agricultural) land in May 2005 and availed concession U/s.47(A). The Registering authority retained the Document and demanded more stamp duty after an inspection by themselves along with the Revenue Department officials. I paid as per their demand in Nov, 2005. Even after that they were demanding higher stamp duty stating that it is added in the nearby Municipal limits and its guide line value is increased. The land is still situated among the agricultural land and paying agricultural tax and is on the basis of the nearby river. I sent a reply letter through a lawyer stating that it was already revalued and the difference deficit stamp duty was also paid. But they were in practice of sending notices for enquiries in Collector office and due to my family circumstances i could not attend. Now a letter from the Inspector General of Registar has come and attend for an enquiry on the matter above mentioned demanding nearly Rs.4,53,000/- deficit stamp duty. Please advice me what shall i do? How to handle the situation.