Atish
20 June 2014 at 23:50
Dear All,
An advocate was appointed to file, appear and argue for my matters in court for a few years vide a VAKALATNAMA signed by me. Nothing has taken place so far, in fact things have all gone out of hand. I am fed up of the lawyer but have no proof of the entire fees I have paid him.
Now I have spoken to a very god advocate and am desperate to appoint and give him the VAKALATNAMA to represent me for the same matter. He has asked me to get the N.O.C. of the previous advocate. I have not discussed with him whether I would be able to obtain the N.O.C. as I am doubtful that the previous Advocate would give it to me as I had really given him more than a piece of my mind and he is upset, but that is for wat he ha spoilt about my case which is his fault.
Is it possible without the N.O.C. of the previous Advocate that I could hand over the matter to the new Advocate and without the objection in future of the previous Advocate. I am stuck as there is very less time to handle the case or it could become worse.
Kindly help.
Regards
Atish
Murshid Alam
20 June 2014 at 17:49
I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister lives out of Kolkata. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months. One of the tenants is not paying rent since more than a year, after my elder brother sent him a legal notice asking for enhancement of rent as per West bengal premises tenancy act ( amended), 1997. Since then according to my brother ( as he is managing the estate ), the tenant is tendering the rent before the Rent controller. Now my brother is preparing to file an application u/s 17(6) of the west Bengal premises tenancy act,1997 before the Ld. Addl. Rent Controller at Alipore, kolkata. My elder brother would sign the application as the deponent identified by our Advocate, ( appointed by my brother). Myself and the other co-owner( my elder sister) would sign in the vakalatnama. My sister has already signed on the same and it has been handed over to me due for my signature. In the past, due to certain reasons, whatever it had had happened; frankly speaking I lack complete trust in my brother. My brother initially asked me to sign on the blank vakalatnamah, which he would get it filled up by his lawyer on the day of filing the application. I refused to the same,as I never wanted to sign on the blank vakalatnamah. I agreed to give a letter of no objection regarding filing of the suit with the rent controller. But, apart from the no objection, he wants me to give him in writing that I am unwilling to sign on the vakalatnamah. I fail to understand why is being hell bent on my signature on the vakalatnamah. Here, the tenant is neither paying the old rent since more than one and half year nor he has ever bothered to respond to the proposal of enhanced rental. I have checked up records with the rent controller office if the tenant has made any tender, but, did not find anything. My brother is skeptic to file a suit of ejectment against the tenant in the munsif court. He said that would take many years. Rather, he would apply for enhanced / fair rent and if the tenant disobeys the order of Ld. Rent Controller advising for enhanced, then he shall redress the munsif court for ejectment suit. I do not have reservation on giving a no objection in writing, but why is my brother asking me to give him in writing that I am not willing to sign on the vakalatnamah, nevertheless, I consent to file? Should I do as my brother wants? I am in a state of a bit of confusion? Please advise me.
----- M.Alam, Kolkata
Shania
20 June 2014 at 14:42
Father aged 85 years has 3 name , example Mr. A. B. C. Desa. . Birth certificate in Pune mentions it. DESA IS THE SURNAME.
Marriage not in civil court but religious certificate mentions A.B.C. DESA in mumbai
MOVED TO MUMBAI decades ago.from Pune .
He has been known as C DESA by all. In certain documents bank it's MR A. C. DESA. All due to convenience. He signs as AC DESA
3 children all married ,born in mumbai have the MR. C DESA ON the birth certificate. And mostly all other docs , passport etc same issue.
the middle name B was never used , I guess it was a long name nd he always grumbles about it.
There are no spelling mistakes in any name or surname recorded.
Its indeed a Herculean task to change all documents with all departments , Do we need to ...? If not What 1 document will suffice. Affidavit registered declaration.. And is it valid life long in case gov departments hav to ever ask for birth certificate etc proof should my father be no longer alive..
Thank you
sachin
20 June 2014 at 12:37
Dear Friends,
I have purchased a flat from one of the builders in Mumbai. The agreement for sale on behalf of the builder (Prorietory Concern) was executed by his constituted attorney and a copy of the same was annexed to the agreement. Subsequently when I applied for bank loan to pay the balance consideration, the bankers realized that the power by which the constituted attorney has executed the agreement is incorrect as the Executants father was the proprietor and not the executant. Further now the executants father who was the proprietor of the builder firm has expired.
The bankers are not willing to advance the loan unless the transaction is legally corrected.
How the same can be achieved?
Please advise.
Dhiraj
19 June 2014 at 19:51
Hello
This is in regards to Lease of Restaurant/Corporate Catering business.
Please let me know of any available agreement format for lease of restaurant/corporate catering business.
Thanks
Dhiraj
Sandeep
19 June 2014 at 10:59
I have opted for Loan transfer. Builder is asking for the NOC issued to the first bank before issuing fresh NOC to the new lender... Is it correct.
When I approached the first bank they refused to release the NOC given by builder saying that it is a document taken for approving the loan... Is it correct...
Kindly guide...
ADV KAMAL JADHAV BANGALORE
18 June 2014 at 20:25
Hi there
Good Evening to all our seniors.
Sir, i am from bangalore practicing as a junior consel in bangalore.
i have one query regarding one of my CLIENT's his father was working in central jail as a B grade jailor. while he was on duty he died in accident. now his fathers GPF (gratuity pension fund) is stucked in concerned department. already he has given notrised documents For Ex death certificate and related to all documents etc in same concerned department. but want his fathres GPF as a legal heir but they are asking file a case (suit) in court and you get a legal heirs documents.
COULD YOU PLEASE SUGGEST ME WHAT IS THE PROCEDURE TO GET THROUGH COURT LEGAL HEIRS DOCUMENT TO PRODUCE THE CONCERNED DEPT.
Many Thanks in advance.
srikanth PS
18 June 2014 at 16:28
I am running a charitable trust and I am having a valid registration u/s 12A.
Now i want to surrender it.
Can i do so?
If so, what is the procedure for surrender?
Gautam
18 June 2014 at 13:14
What would be the stamp duty and the registration fees for registration of trust deed with e- sub registrar in delhi?
Please also specify that in which name the demand draft would be made if it falls under sub registrar office of janakpuri, delhi?
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