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Anonymous   14 October 2020 at 13:21

Rwa/aoa forcing election with open ballot

In UP GNoida my RWA/AoA is forcing elections on resident asking them to vote by means of Open Ballot. There is nothing in the bye-laws specifying anything about the system of voting with regards to the kind of ballot i.e. open or secret ballot.

It's the first election of the RWA/AoA.

Any state or central law or applicable court judgement to prevent this and enforce secret ballot voting? In the alternate should I complain to the registrar of societies?

vidya sakpal   13 October 2020 at 15:28

Rights of husband in hindu women property


Respected Sirs,

My Grand Mother dies intestate in 1956. At the time of death, she has self acquired property.

Self acquired property was purchased from the money received by she after sale of property received by her in inheritance from her father.

At the time of death she has husband, a son and daughter.

After her death, husband, son & daughter registered in 7/12 as legal heirs.

After few years husband remarried and have two children's.

Husband dies intestate in 1994.

Now, steps children of her claiming their rights as husband have his name in 7/12.

I would like to know that whether, husband has a right in her self acquired property purchased by her by selling her property received from her father as per Hindu Succession Act?

Thanks & regards

Vidya

Rajesh shah   12 October 2020 at 17:32

Commercial property on rental agreement is over

Hello I have shop which was given on rent with rent agreement of 11 months , agreement was not renewed and rent not given by tenant and shop is their custody case was file in local court from last 4 year ,court is just passing time I am suffering pl suggest what to do.
Rajesh shah
9824482355

Anonymous   11 October 2020 at 19:34

Landlord not collecting rent on tenancy premises

We holds a tenacy property since last 30 year. The owner of the property has since changed 3 times. The property had commercial electricity connection. Some 3 years back we changed it to residential connection. The present landlord is holding the property since 2011. He has not collected the rent from 2015 and upon our requests for collecting rent and issue receipts has fallen on his deaf ears. He is not ready to accept the rents. What is the recourse? In case I get his bank details should I directly deposit cash in his bank account.

Manish   10 October 2020 at 22:26

Possession of flat

I have been demanding final payment of flat from the builder. In the final payment there are huge interest amount included by builder. They also want me to sign affidavit before completing construction work and giving possession.

Anonymous   09 October 2020 at 23:13

Exchange o car parking - unformed society (pune)

Hello Respected Sir(s),
I have a Flat in a Co-operative Society in Pirangut, Pune. The Society is still not formed and the builder is in the process of Society Handover in couple of months. I am willing to exchange my allotted Car Parking with another Member (She has a Covered Parking and I have an Open Car Parking) - both are allotted/ designated with Flat Numbers embossed on Name Plates and also mentioned in our respective Flat Agreements. Please advise on the process on how to proceed with this? Do we need to do a "MoU"? Do we need to do any sort of Stamp Duty/ Registration since this is immovable property? Do we need to involve the builder in any ways? Will the builder accept any charges?
Point to Note is that I will be paying a fee to the member as I am taking a Closed Parking Space and giving my Open one. Any guidance will be really appreciated.

Anonymous   09 October 2020 at 17:35

Breach of sale agreement

Dear Sir/Madam,
I sold my flat to a buyer with the advance of Rs.1,50,000 for the property saleing rate Rs. 30,000,00 under negotiable. Both the party mutually agreed maximum by the six months property to be registered on buyer name upon making rest all the payment through online / cheque mode. To make the saler (me) trust for the agreement, buyer given two cheques of Rs. 2,50,000 and Rs.10,000,00 for making encash as per date specified on cheque from which first cheque encashed in time , but second one Rs. 10,000,00 buyer told to stop as there was no fun in that account. Buyer further requested me to give some more time to register the property and given two cheques for Rs.3,50,000. I also agreed due to partys request and seing the scenario. I thought buyers payment may come shortly as the old man of the family assure there is some dispute in his pension and process is on the way to get the total pension benefit and expecting a large amount from there, but as also initially agreed to keep him as tenant till the property registration period under mutual agreement Rs.5500 per month, I noticed the payment also coming sometimes irregular. I found their financial some difficulty and every time make request for making the rent payment and used to find out the status of pension. Every time old man was reply that very shortly it will be shorted out. By the time initially they tried to get Home Loan from two financial institute, but failure. Sale of the property signed by old man son and as they require this property, so his father assisting him for finance , but due to father once upon a time , a Personal Loan not paid properly , so his father also became ineligible for Home Loan at this age as they said. Now total period one year eight months over and myself requested them to vacate property for another buyers, who are interested as the advance money also not in my hand . New buyer ready to take the property , but under vacant position. Buyer to whom I sold they are not agreed though I am ready to get the agreement for advance returned on stamp duty paper , but they say not possible. Request your valuable advice legally.

Anonymous   08 October 2020 at 22:12

Appointment of court receiver

Whether appointment of court receiver is justified when third party has taken possession of suit property (via sale deed in violation if injunction order) but this is tenancy property and transaction is done without permission of housing authority violating legal provision of prior permission and tenancy right is not transferred in the name of third party (new defendant) and still stands in the name of original defendant.
There is injunction order to not to transfer tenancy right in the name of third party to housing authority.

Can the third party removed from property and court receiver be appointed to seal the property to prevent further alienation as he came in the possession illegaly in violation of injunction and tenancy right does not stand in his name.

Any case law will be highly appreciated.

Thank you.

Ritesh Chakravarty   07 October 2020 at 22:22

Aop rights to execute sale deed

Does a notarized AOP have the right to sell property and receive payment

Anonymous   07 October 2020 at 20:53

Property division

Sir,
We have lease land in which we have a house and some area is left behind. My father has passed away 21 years ago and mother is alive but my brother had made all leased land in his name everybody near people know that we have share in that land please suggest me something.