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Anonymous   27 November 2010 at 14:47

Joint ownership by Indian citizen and NRI

I am buying a property jointly owned by brother and his married sister who is an NRI. It seems that she has given GPA to her brother. Is it safe to buy the property from the brother who will also act as GPA for his sister? Will the sister or her husband or the children create trouble in future?

ritesh   26 November 2010 at 17:22

Lease deed

Dear all, i need a draft lease deed for taking on rent a property by a company. Please mail me at csriteshjain@yahoo.in

Adv. Deepak   25 November 2010 at 23:53

Gift deed

Father made a gift of 1RK flat in the name of son and daughter in law. Because of old age, he could not move out of bed. He called a notary, paid stamp duty and signed in front of notary. It is not registered. In the meantime, father died. How the son can rectify the transaction. What are the remedies to correct the error of not registering with the registrar? Regds.

PK Agarwal   25 November 2010 at 22:41

Frenchise agreement

Dear Sirs, I am in need of a format for the Frenchise Agreement. Can you help.
pkagar@gmail.com

Buvaneswari   25 November 2010 at 11:03

Equitable Mortgage

Respected Experts, I would like to know about equitable mortgage. I am working for a profit making private trust in chennai lending to lower income group. We planned to provide house renovation loans by accepting title deed as collateral. As our loan size is small & cost of registered mortgage is high, we would like to create equitable mortgage. what is the procedure to do this and how to execute in case of default? Thanks in advance..

Anonymous   24 November 2010 at 19:34

Agreement Format between a Co. & a Legal Advisor


Respected Sir,

I'm doing a job in a growing co. & now my co. wants to appoint a Legal Advisor. In this connection my Boss asked me to arrange an AGREEMENT FORMAT between a Co. & a Legal Advisor.

Therefore I'm requesting you to provide me the said document to my e-mail i.d. bumbahr@sify.com

With thanks & r4egards,

GAUTAM KAR
9331148166

DEVENDRA   24 November 2010 at 10:49

left hand thumb impression

In case of illiterate person, it is usual practice that on documents, such person's left hand thumb impression takes place. and near such impression, another person in whose presence such impression is taken, signs.
In law, what is the status of such person who signs near thumb impression ? whether such person shuld know the illiterate person personally? or he is just a person in whose presence the impressin is taken ? please tell me alongwith legal position and authorities ?

Narayan Chandrani   21 November 2010 at 21:34

How to reply summon?

Hi All & Respected Lawyer/Advocates,

We, that is my mother, Secretary and Co-operative Society been summoned in Metropolitan Court at Vile-parlel, Mumbai. Following is the complaint/case history

The complainant filed a complaint against my mother, secretary and Coperative Society in BMC on 10/07/2007 as below:

"To abate the nuisance caused due to leakage of water through the joints of floor titles and parapet wall of balcony of my flat to that in the complainant flat by taking preventive measure such as waterproofing, filling up joints with rich cemenmorter ect, through the licence Plumber." "Time Limit 30 days"

I got filled the joints with white cements and waterproofing the floor title and replied to the BMC sayin that the cementing to the flooring is done. I also informed BMC that our building is 45 years old everyone face the leakage problem from outside and balacony parapet wall which is outside of the buidling so I replied in that letter that the complainant and I should contribute 50% to repair the balcony parapet. I was not aware that as per CHS Bye-Law 156, it is the reponsibility of the society to repair the outer parapet buildling. I have acknowleged the reply from BMC.

The Secretary, Society didn't replied to BMC, and even didn't inform/gave complain letter, which might avoid the summon. Then BMC again replied that engineers again inspected saying the work is not carried out.

I use to attend the case, the secretray was not attending the case, hence we use to get future date and I also stop going as I am senior citizen and unable to travel

On 20/08/2008, the complainant gave another complain to the society say that " The building needs urgent repair", as there heavy leakage in his kitchen and toilet from outside of the wall during rainy season.

I got this complainant letter from the Secretary which shows that leakage is from Outside.

Then he again file the complain in counsumer court on my mother's name, the secretary and Society.

The complain was not server to us, we recd the ex-party ordered. In the exparty order the Judge order the Secretary/society to appoint an Architect/Engineer to inspect my flat. The Secretary and his advocate inspected my flat with the Architect. After inspection it was concluded the I have already done the cementing/waterproofing of the flooring and leakage is from from outside of the building, and the society has now done cementing/water proofing from outside. The complainant was not happy with the Architect report he again re-open/ complain the Summon of Metroplitain now.

Our builiding was repaired on 2004, each member contributed 40,000 Rs, but the complainant didn't contributed a single paisa, and secondly he renovated his own house in 2005 from the same contractor from we repaired the buidling.

There is no structural auditing done for this building since 6 year . As per the bye law, buidling more than 30 years, a structural audting should be done every 3 yrs

The complainant is merely harassing my mother, and we got summon from Metropolitan Magistrate.

So my question is whether I can reply to summon, Can I speak on behalf of mother. As I know the fully history of the case. The following are points

1) I have replied all BMC notices and have acknowledged letter saying the flooring joints are cemented/waterproofed.

2) I also got the copy of Architect letter from Secretary/Society saying that the I have done the cementing/water proofing and leakage is outside of the building and not the inside.

3) Letter from complainant saying that "Building needs urgent repari"

4) No Structural Auditing since 6 years.

5) I have a signature of the members telling the complainant has renovated his house, and didn't contribute to a singe paisa for a repair and harassed repair comittee and Secretary.

6) The Society has already agreed that leakage is from outside in the consumer court, and they have got repaired the outer parapet(balcony) wall now. (i.e this Oct 2010) . THis should have long back.

Whether I can alone reply to summon in Metropolitan court without appointing an Advocate ? If yes, Can you pls give the format how reply to the summon.

Can we directly represent the proof/evidence to the lawyer?

Can I represent/speak on my mother's behalf as I know the full case history. If yes, what application needs to be written/given to h'able judge.

Is it necessary to appoint a lawyer/advocate.?

Pls advice, I am waiting for your reply.

You can email me at nchandrani@indiatimes.com

Thank you.

regards, Narayan










Anonymous   19 November 2010 at 16:41

Maharastra Ownership of Flats Act

Building of industrial galas constructed in 1969 by grandfather
Portions given out on rent.
Rented portions sold to occupiers as agreement for sale.
Agreement had specific clause that Society to be formed upon sale of all galas.
I gala remained on rent to date.
Said gala Occupier was also owner of 3 other galas in same building
(converted from rental to ownership vide agreement for sale)
Said rental gala occupier enjoyed gala at very low rent
& did not purchase gala from my grandfather.
No society formed nor conveyance effected
Grandfather expired in 2000
Gala occupier now filed private complaint in
metropolitan magistrate court for my prosecution Under M/s 10, 11 & 13 of MOFA.

Question is
Whether clause of agreement holds against requirement of society formation under MOFA
What should be my line of defense.

Anonymous   19 November 2010 at 12:16

marriage

i want marriage certificate