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Anonymous   01 July 2022 at 00:51

Detention under crpc 151

Hi,
I was recently detained by UP Police (Phantom) and got released after furnishing bail bond. At the time of my arrest (I wasn't aware it was arrest), that we (Phantom) are asked to take you to police station because we have a written complaint from your wife. Since my wife have many times dialed 100 and woman hotline number many times in past few months and as a process both of us had to visit the local PS and from there the Police usually advised my wife to take the matter to court. However this time I was taken to PS on 1 June at 21:30 hrs and wasn't informed until next day that I have been booked under CrPC 151 and the form submitted to SEM read that "while our patrol on June 1, we found this person yelling and fighting with his wife and attempted to warn him. But the person overlooked our warning and thus has been detained under sec 151". The form didnt mention my wife or the context of detaining me. There was clearly no violence at the time of my arrest and I cooperated with Phantom police and wilfully went with them. If I would have been doing such a misconduct the neighbours would have watched too. The police came in silently, first called up my wife on the gate and then showed me a written copy of her complaint filed a week ago. The Phantom police told told me that they are taking me to PS because of that written complaint. Is such detention lawful? Can I establish that such detention was caused by my wife's action? Kindly advise

Asim Das   30 June 2022 at 22:08

Gst related query

Sir,
A developer constructed multi storied building under joint development agreement . now this building contains various flat some having carpet area more than 60 sq mt some units less than 60 sq. mtr.
So while selling flats /residential units having carpet area less than 60 sq. mt. can he impose 1% GST and for those having more than 60 sq. mts. carpet area 5 % , the price limit being within the prescribe limit as per Gst law.
Please guide me.
Regards

Anonymous   29 June 2022 at 08:18

Existing home loan on to be redevelopment builder

I have a home loan of Rs. 28 lac on My one BHK flat in Dombivli Since 2013. Now the building is going for redevelopment and the builder wants noc from Financial institution. I met AXIS Branch Manager, he is refusing due to security. I told him that mortgaged flats area is getting bigger in redevelopment as we are getting addl. area. We are doing indivisual aggreement. But he is refusing. Builder is telling there can be a tripartite agreement between Builder, bank and me, but Bank is telling to clear the loan which is not possible for me now. What should I do Please guide me.

Mahesh Aswaney   27 June 2022 at 21:16

Repossession of flat


I own a flat of 600 sq ft in A COOPERATIVE HOUSING SOCIETY IN GHATKOPAR WEST ,

MY GRAND MOTHER HAD LET IT OUT IN 1968,
The rent was fixed at Rs 120 PM and ever since then it continues till date .
The SHARE CERTIFICATES ARE IN OUR NAME AND MAINTENANCE BILLS ARE ALSO IN OUR NAME .

NOW THE SOCIETY HAS JUST ISSUED A LOI FOR REDEVELOPMENT .

QUESTION :
1.00 CAN WE EVICT THE TENANT (HE MAINTAINS IT WAS UNDER PUGDEE .(OUR CONTENTION IS THAT IN A COOPERATIVE HOUSING SOCIETY PUGDEE IS INVALID .
HE HAS NO DOCUMENT TO PROVE IT )

Q: IS THIS CONTENTION CORRECT .

2.00 THE DEVELOPER HAS OFFERED 300 SQ FT ENHANCED AREA .

CAN WE ASK HIM TO COMPENSATE FOR THIS AT THE CURRENT RATES .

AND REACCOMODATE TENANT AS A TENANT IN A REDEVELOPED FLAT OF EXISTING AREA ,OF 600 SQ FT 

IN INTERVENING PERIOD OF REDEVELOPMENT TENANT CAN GET RENTALS FROM DEVELOPER .

Q 3 WILL THE AAA BE SIGNED WITH US OR OWNER .

OUR STRATEGY IS AFTER REDEVELOPMENT WE WILL ASK FOR RENT AT MARKET RATE FAILING WHICH CAN WE ASK HIM TO VACATE ?.

IS THIS POSSIBLE 

PLEASE ADVISE ON ABOVE OR ANY OTHER ADVISE WHICH WILL HELP US RETRIEVE THE FLAT .

(LASTLY THE SOCIETY HAS 81 MEMEBER’s AND 12 no’s ARE TENANTS .

7 OUT OF 12 HAVE NEGOTIATED TRANSFER OF OWNERSHIP BY RECEIVING 1/3 COST OF FLAT I.e RS 57.50 LACS (ON BASIS OF PUGDEE HOLDING)


Please advise framework of notice to be served on tenant .

Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.



Anonymous   10 June 2022 at 16:23

Cancellation of bail

A complaint was lodged in May 2022 in Pune Haveli police station by usand two other complainants of Pune against mr Sanjay Gaikwad of pune for cheating and falsly pretending as a veternary doctor doing Goshahal Business and prompting us to advance some money of Rs about Rs 8 lakhs to start business jointly with us in 2017.which money was never returned by him to ustill date nor he started the business jointly with us since the receipt of money by him in 2017/18

Pune Haveli police station filed an FIR and Charge Sheet filed against him u/s ,420,,506 of IPC and arrested him on 25/05/2022 and remanded him to police custody.

Today we heard that he has managed to get bail from the court

My question is how bail was granted without our presence?
How to cancell the bail granted to him?
What is the roll of police at this stage?
What should be our next step with Pune police

Anonymous   10 June 2022 at 16:14

Cancellation of bail

A complaint was lodged in May 2022 in Pune Haveli police station by usand two other complainants of Pune against mr Sanjay Gaikwad of pune for cheating and falsly pretending as a veternary doctor doing Goshahal Business and prompting us to advance some money of Rs about Rs 8 lakhs to start business jointly with us in 2017.which money was never returned by him to ustill date nor he started the business jointly with us since the receipt of money by him in 2017/18

Pune Haveli police station filed an FIR and Charge Sheet filed against him u/s ,420,,506 of IPC and arrested him on 25/05/2022 and remanded him to police custody.

Today we heard that he has managed to get bail from the court

My question is how bail was granted without our presence?
How to cancell the bail granted to him?
What is the roll of police at this stage?
What should be our next step with Pune police

Muthukumar   06 June 2022 at 21:25

Change of private path

I am from Virudhunagar Tamilnadu. There is an ancestral property from my mother's side in Virudhunagar Town limit. After my grand mother, the property was divided into 3 portions. There is a L shaped private path that is used to connect to the main street.

My mother has given her portion as Gift deed to me.
Now, we want to change the private path to a straight path. My aunts are ready to change the path and register it.

The land of the L shaped path would be given to one of my aunt and she will give land for the straight path.

Is it possible to change private path in Tamilnadu?

raju   05 June 2022 at 09:17

Criminal revision

Criminal revision has been dismissed by district and sessions judge. Can approach high court or any remedy against the dismissal of criminal revision. Please advise.

Ramkrishna   03 June 2022 at 22:57

Laying water metrrs in apartments

Sir,
In our apartment where an unregistered society is running affairs of the apartment has taken a decision to install water meters without approval of the members concerned.
Now that association has been dissolved and a AD HOC committee was formed by the so called association which has not been registered.
The outgoing President who is not even in the AD HOC committee has started laying pipe line’s and installing water meters from his own pocket and has been threatening to stop water to those who do not pay him for the installation. Many are against the meters, but this person with support from a few members are making the members of the apartment miserable.
Please advise.