Sowmya RK
15 February 2023 at 09:42
I am from Andhra Pradesh. Sale deed was signed by the owner. He could not present the document in registration office. He want to give a speical power of attoney to someone present this document. In this context-
1. Is it compulsory to register the special power of attorney in addition to attestation by the registrar? OR
2. Mere attestation by the registrar is enough without registration?
I am hearing conradictory opinions. please anser me. Is this matter cleary settled by courts/laws without any confusion or NOT?
Madhu Mittal
15 February 2023 at 04:33
A loan of Rs. Two lakhs was given to a borrower on 25.03.2016, interest to be charged @ 15 % p.a. through banking channel on the basis of his post dated cheque of Rs. Two lakhs dated 25.03.2018 , when post dated cheque was deposited on 25.03.2018, it was dishonored, so a complainant u/s 138 N I Act was lodged against borrower, borrower alongwith his family left his residence as well as business place. On 06.09.2022 borrower/accused got his bail. On third hearing date of his appearance, i.e. 01.10.2022 he deposited a demand draft of Rs. Two lakhs in court alongwith an application to discharge him as per decision of SC decision M/S Meters And Instruments ... vs Kanchan Mehta on 5 October, 2017. The said Draft was got given to complainant on 01.10.2022 itself, next hearing is 12.10.2022.
On next hearing 12.10.2022, a detailed written reply was filed by complainant stating that 1.the said decision of SC was overruled by Five Judges bench judgment decided on April 16, 2021, so not to discharge the accused 2.Statutory interest @ 18% p.a. u/s 80 N I Act from 25.03.2018 to 01.10.22 i.e. for about four and half years should be got given to complainant in addition to face value of cheque 3. Cost @ 500/- per hearing for 26 hearing should be got given.
On 19.1.2023, by disposing of application of accused dated 01.10.2022, Trial court ordered that in addition to Rs. Two lacs, Rs. 20000/- (twenty thousand) as cost/compensation to be deposited in cash/Draft by accused and next hearing is 03.02.2003.
On 03.02.2003, accused deposited the draft of twenty thousand, but complainant refused to take this draft of additional amount. So next hearing was fixed 01.03.2023 for charge.
As complainant is not satisfied with this compensation/cost of Rs. twenty thousand, what is the remedy for complainant to challenge this order of compensation dated 19.01.2023? 1.To Session Court appeal u/s 372 2. To Session Court revision u/s 397 3. anywhere else under which section or 4. Not to challenge at all as accused was not discharged, but if not challenged now, later on it is said as far as compensation/cost is concerned, decision dated 19.01.2023 got finalty as it was not challenged.
Sandip Chikhalikar
14 February 2023 at 11:58
Me and Elder brother brought the Amalgamated residential property admeasuring 820 sq. ft. jointly (ownership 50% each) in 2004. The said residential flat was amalgamated by Society in past (Before Yr. 1990) by merging two adjacent flats admeasuring 410 Sq. ft. each without any change in Building structural plan. The Amalgamated large flat was issued a single Share certificate with 10 share's (5 share's from each 2 flats). Our Amalgamated flat is located on 3rd floor in A wing, whereas in same A wing there exist two separate 410 Sq. Ft flats on ground floor as per Society records. Further the Amalgamated flat has two separate entry doors and Staircases. Even the Electricity meter are separate.
In our registered purchase agreement dated 2014, the Amalgamated flat is shown as Single unit by Society.
Further Society consider it as Single flat and not ready to give us NOC despite multiple follow ups.
Recently our society has gone up for redevelopment and we approached the Builder to be appointed by Society, He informed the Society Secretary to provide Society NOC and Separate Share Certificate to divide the redevelopment benefit of 820 Sq. Ft. flat in two equal small flats.
Since society is not ready to support on flat bifurcation, kindly guide us the legal procedure or any suitable process which we can adopt during redevelopment wherein Society NOC would not be mandatory.
Anonymous
13 February 2023 at 22:08
hi
In my society there 4 tower , out of which 2 have got oc & 3 tower has got part oc & 4th tower which is 2 floor structure has no oc which belong to me . 4th tower is attached to 3 rd tower. The society has got the deemed convayance. The builders architect has resigned from the project & i am not the member of the society.I had approached the builder for the oc , but he says ,as the architect has resigned & the society has taken the deemed convayance, he will not do anything.I dont want to go to society as there are conflicts between us. So i need to know how can i get the oc without involving the society & builder architect
Anonymous
13 February 2023 at 20:17
I have submitted all document including sale deed, share certificate from society to bank for mortgage my flat. Bank already disbursed the loan amount and EMI also debited from my account. Now the bank asking NOC from society in bank format for mortgage my flat. Society totally refused to give NOC to bank. Than what should I do?
Sathya Shanmugavlu
13 February 2023 at 16:41
Dear Experts,
My Wife filed Divorce in year 2018 on Mental Cruelty, so far no evidence provided in her case.
My defense in her divorce petition might get struck off, owing to the failure to pay some of her interim maintenance order.
What impact will it have on her divorce ? Will she automatically get her divorce ordered on her favor, even without any evidence provided ? Or will I lose ability to defend against her case, but still case will proceed based on merits of evidence etc.
Thanks & Regards,
Sathya
Anonymous
13 February 2023 at 15:04
Requesting experts for legal grounds, sections and acts
Dhananjay
12 February 2023 at 16:39
I need a lawyer for filing GWA petition in Tis Hazari. Interested persons may please contact me at my email id- coronafighter6037@gmail.com.
Janarthanan
10 February 2023 at 22:02
Dear Ld Experts,
With due respect, I put below my query:
State: Tamil Nadu, Family: Hindu family. A father died intestate leaving a land property inherited from his father. There are five legal heirs (wife, son and three daughters). After the death of father, without making any partition deed a part of land was sold ten years ago and all the five legal heirs signed the sale deed which they are aware of it. However, at the time of signing sale deed, a relinquishment deed was also made in favor of son and got it registered for the balance portion of land with zero consideration value. May be in the hurry of executing the relinquishment deed, the son(beneficiary) had not signed on the relinquishment deed. Before going to the Sub Registrar's office for signing the sale deed one daughter was informed about only the sale deed but not about this relinquishment deed. With the trust and affection on siblings by ignoring/not reading the contents of the deeds she signed on the relinquishment deed also together with sale deed on the same day. Copy of deeds were not issued to her after the registration is complete. Only when raising the issue of partition recently she was denied of her rights and came to know about the relinquishment deed. Upon taking a certified copy of relinquishment deed from the records it was noticed that the executants had signed on a single relinquishment deed with photos and thumb impressions but the signature, photo or thumb impression of beneficiary is missing on the deed. Mutation of property based on relinquishment deed is not done as of date.
Since the other party, beneficiary co-owner has not signed can the relinquishment deed be challenged for declaration of it as void and not binding on the executants? One Ld expert replied on another thread but I think I have not posted my query on the relevant category and it was bit lengthy. Sorry for the repetition.
I look forward to your valuable advice. Thanks for your precious time.
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