Ananyaa Nair
14 August 2024 at 16:47
A flat owner in our society wants to mortgage his flat for business loan approx 30 crores. The property value is around 1 crore. The bank is asking for NoC from society.
He claims to have mortgaged other 3 properties as well which are elsewhere. The bank request letter only mentions to provide an noc for this flat.
What precautions should the society take while issuing such noc
Franklyn
06 August 2024 at 14:13
Our society in Mumbai was redeveloped in 2008 after which I was allotted a first floor flat as against the ground floor one, I was staying in the old building. My flat is now 102 and my neighbour is 101. Now below our flat on the ground floor there is ICICI Bank, which is a tenant of one of the members. Extended from the typical elevation of the building from 1st to 7th floor, there is a foyer area of the bank, the ceiling of which serves as a terrace for our flats 101 & 102 and our kitchen and bedroom open out to it.
For cleaning the filth caused by bird droppings, fallen leaves and dust, we had made an access door from the kitchen as it directly impacts us and is a health hazard for us if not regularly cleaned. The society was OK with it all along but now we as Super Senior citizens in flat 102 have moved to a Care Home and have rented the flat. The society says tenant has no right to use this terrace and has locked it.
Regardless of member or tenant, the health hazard is the same for the residents if not cleaned frequently. Please note, this terrace area does not figure in our flat agreements with the builder nor does the extended foyer area figure in the BMC approved plan of the society. We have not asked the builder for the terrace but got it because of the architectural plan after redevelopment.
Kindly advise what is our recourse under the law, we have no objection to it being demolished. No other flats in the building can access the terrace from any common area of the society.
Your advice will give us the direction we need to move to have the matter sorted out.
Thank you.
Franklin D'Souza
aman
03 August 2024 at 14:20
Respected experts
We are two brothers and our father made separate wills for us ..my father had 6 shops and he gave 3 shops to me in his will and he mentioned like shop no 1,2,3 to elder son and shop no 4,5,6 to younger son (me) there is no dimension or total area of land mentioned in that will .. municipal corporation office (Nagar Nigam) has done mutation in my name for my 3 shops and I am paying property tax also ..I got electricity ,water and sewer connections also in my name …I tried to get regular mutation in tehsil but they refused that there is no dimensions and area of land mentioned in the will …please guide me what procedure should i follow to get mutation done ..
Anonymous
30 July 2024 at 15:57
Hi Sir/Madam,
I have done the registration in the month of March 24 and as per the agreement I had to pay the full and final amount within 180 days of the agreement and it's paid this month on 22Jul.
After the verbal discussion with the saller for the bank loan I have executed the agreement of 48L so where the deal was for 45L now bank have paid the balance 43L to saller and he was supposed to give me 3L back to Clear my personal loan I took for the initial payment of this property.
Now he deducted the 15K from 3L. Now he is not giving me the 50% of society transfer noc amount I trusted that person as he is our neighbour from last 15 years so as per verbal discussion he asked me to pay for noc charges now and told he will give me afterwards and now he is not giving me the possession. We asked for the rent he is not ready pay so and as per the agreement which clearly states that till the time of possession property tax payment or all other dues to be cleared by the saller. He is not ready to pay the tax amount as well now.
On basis of this can you please suggest what legal steps should I take to get my amount and possession.
If I would like to cancel can I get this deal cancel and ask for the full amount with compensation.
Thankyou
Dhimant Dave
Anonymous
30 July 2024 at 10:53
My Father in Law (my wife's father) has an ancestral agricultural land of 4 acres in Kolhapur, which was transferred on his name by his father. He also has a 1 married son. He is unwilling to give any part of this land to his daughter (my wife) & also not ready to include her name in 7/12 extract. Does she have any right of claiming any part of this land if her name is not included?
bharat khatwani
28 July 2024 at 17:49
defendants often claim that they never received registered letters (RPAD)/speed post/registered post, even when website of postal department confirms delivery. This old trick is routinely accepted by courts, frustrating the petitioners struggling for justice .How to counter this?
bharat khatwani
27 July 2024 at 21:45
Dear Members of the Public,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for existing ethical guidelines among some advocates.
The Problem: Baseless Claims in Legal Notices
I conducted an experiment on a legal forum (Pathlegal) to investigate this issue. I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Disturbingly, most advocates showed no reservations. This indicates a failure to adhere to ethical standards despite clear guidelines.
Personal Experience
Recently, my tenant claimed INR 400,000 for renovations after 24 years based on an alleged oral agreement with my father in 1999. This claim contradicts the Statute of Limitations and lacks credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
To restore public trust, I urge the Bar Council to:
Review and Reinforce Existing Rules: Ensure guidelines are widely understood and adhered to. Develop campaigns to educate advocates on their ethical duties.
Enforce Disciplinary Measures: Implement stricter consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims. Enhance the capacity of disciplinary committees to act promptly.
Promote Ethical Advocacy: Strengthen guidelines to prevent frivolous lawsuits. Implement mandatory continuing education programs on ethical conduct.
By taking these steps, the Bar Council can deter unethical practices and reduce frivolous lawsuits, leading to a more efficient and just legal system.
Support the Petition
I have uploaded this petition at Change.org. Please support it to help establish the rule of law and restore public trust in our legal system.
Read more at: Lawyers Club India
Thank you for your support.
Sincerely,
Bharat Khatwani PS. This is being reposted to make sure that it is not ignored just because it was anonymous.
bharat khatwani
27 July 2024 at 21:32
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To: Bar Council of India, New Delhi. Pl. suggest corrections to improve this draft. Date: [Insert Date]
To:
Bar Council of India
New Delhi
Subject: Complaint Against Advocate [Advocate Name] for Professional Misconduct
Dear Members of the Bar Council,
I am writing to formally lodge a complaint against Advocate [Advocate Name] for serious professional misconduct.
On [Date], I received a legal notice containing false and unsubstantiated claims. Specifically, the notice alleges exorbitant repair costs amounting to a sum equivalent to 150 years' rent, false claims of rent deposits into my bank account without supporting receipts, and other unfounded accusations.
Specific Claims and Refutations:
Time-Barred Claim: The notice asserts that the tenant spent Rs. 400,000 on renovations in 1999 (equivalent to 120 years' rent) and claims there was an oral agreement with my father for reimbursement. However, such an agreement made in 1999 is time-barred under the Limitation Act, 1963.
Unsubstantiated Claim: There has been no mention of these renovations or the alleged agreement in any prior communication, including a letter dated 10/08/2023, or any electronic messages.
Uncorroborative Claim: Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which contradicts the current allegations.
False Allegations of Rent Deposits: The notice further alleges that the tenant deposited rent into my bank accounts without receiving receipts. This is a fabrication, as there was no such claim about missing receipts in the tenant's prior letter dated 10/08/2023, which was written just before the legal notice.
Evidence of Fabrication:
It is pertinent to highlight that the claims asserted in the legal notice are conspicuously absent from the tenant's letter dated 10/08/2023, which predates the legal notice. Moreover, a thorough review of all prior communications, including WhatsApp messages, emails, SMS, and letters, reveals no mention of these allegations. This glaring inconsistency strongly suggests that these claims were fabricated after the fact.
Advocate’s Conduct:
Despite receiving my comprehensive response refuting the unfounded allegations, Advocate [Advocate Name] has persisted in maintaining the legal notice containing these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. By fabricating these spurious claims and obstructing the resolution of this matter, the advocate has shown a clear pattern of misconduct.
Furthermore, the absence of delivery receipts for multiple letters sent to both the tenant and the advocate underscores the advocate's active involvement in this deception. When I attended a few court sessions in person, I learned that this is a very old trick adopted by crafty advocates because courts usually treat it very lightly. This behavior strongly suggests that the advocate is not merely acting on the client's instructions but is a willing participant in this misconduct.
Violation of Bar Council Guidelines:
Advocate [Advocate Name]'s actions clearly violate the Bar Council of India's guidelines on professional conduct and etiquette, specifically:
Rule 4: Refuse to act in an illegal manner towards the opposition. By persisting with false claims and obstructing the resolution of the matter, the advocate has acted in an illegal and improper manner.
Rule 5: Refuse to represent clients who insist on unfair means. The advocate has continued to represent the client despite knowing the claims are unfounded, indicating a willingness to use unfair means.
Impact:
This misconduct by Advocate [Advocate Name] has caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has caused me considerable anxiety and sleepless nights. I am constantly worried about the potential financial burden and damage to my reputation if these false allegations are not addressed swiftly.
The legal notice has already caused financial strain. I have had to incur expenses for consulting with a lawyer to prepare a response to these baseless claims. Additionally, the potential for a prolonged legal battle looms large, which could result in significant legal fees and court costs. This financial strain adds to the emotional stress I am experiencing.
Attachments:
I have attached copies of the legal notice, my response, and supporting documentation for your review. It confirms that the entire legal notice sent by the advocate is flawed and violates Bar Council guidelines.
Request for Action:
I request that the Bar Council conduct a thorough investigation into this matter and take appropriate disciplinary action against Advocate [Advocate Name]. By taking decisive action, the Bar Council can send a strong message that unethical practices will not be tolerated.
I am committed to working with you and stand ready to provide any further information or clarification required.
Thank you for your prompt attention to this serious matter.
Sincerely,
Bharat Khatwani
573, Jawahar Colony P.S. Previous post was posted as anonymous so reposting it with my name for better response.
Anonymous
27 July 2024 at 11:17
A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,
1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You
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Payment of rent
MY HOUSE OWNER DIED EIGHT MONTHS BACK LEAVING BEHIND HIS WIFE AND ONLY DAUGHTER AS NOMINEE . SINCE THEY HAVE NOT SO FAR GOT THE LEGAL HEIR CERTIFICATE THEY HAVE ASKED ME TO DEPOSIT THE RENT IN THE BANK ACCOUNT OF THE DECEASED . I HAVE BEEN DOING SO SINCE THEN . IS THIS RIGHT ?
THE RENTAL AGREEMENT HAS ALSO EXPIRED AND HOW TO RENEW IT NOW ? THEY ARE KEEPING QUIET .