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Anonymous   22 March 2019 at 22:20

Transmission of share in cooperative society

I am a co owner of flat purchased by my mother myself and my brother.now we three co own this flat in CHS located in Mumbai.my mother made gift deed of her 1/3 share in my name but before submitting the same to secretary of society
She died of heart attack.So in this case how should I approach society for transfer of her share in my name .6 months have passed since gift deed registered

Anonymous   22 March 2019 at 15:13

Payment of interest on statutory retiral benefits

Superannuated in Feb. 2017 from Regional Office. Mumbai of CWC, Delhi. The statutory payments namely Contributory Provident Fund. Gratuity and Terminal leave benefits were delayed by the Corporation on the grounds that leave files pertaining to period 1989-92 were not traceable in their office.
On intervention of ALC the payments were released but after a gap of 4 to 7 months. ALC passed orders to pay interest @ 10% on gratuity for the period of delay, no relief was however considered /granted on delayed payment of CPF and TLB.
Appeal decided by Dy.Chief Labour Commissioner turned down the request for payment of interest @ of 18% in line with the orders of Hon`ble High Court/ CAT in many similar cases. Further no mention was made why the payment of interest not tenable for delayed payment of CPF and TLB.
What should be appropriate course for me to get justice.

Naveen kumar   21 March 2019 at 20:19

Regarding Partition deed

Please suggest. This is regarding partition deed
My grand father's have 5 children's 2son's and 3daughters,

2sons(A&B) and grand father makes partition deed for the property and settlement deed with daughters with cash in the year 2004.

First point -they made partition deed based on previous partition deed(panchayat paarikath) was done by my grandfather and his brother in year 80's..that time Katha was in the name of my great grand father.

Second point- here first son(A) scheduled property which was mentioned in partition deed was next to govt land. because of mistakes done by govt in records of Pahani, it was showing in govt name but we put case and won the case success fully.

third point - after winning the case now Katha and pahani in the name of my grand father and his brother jointly.
(note my grandfather share only we made partition deed) . Now because of changed Katha, survey number also been changed and 1 gunta land also varied( means 30 gunta became 31 )

Here my father(A) is one of the son of my grandfather, But now my uncle (B) that is second son of my grand father is making problem by asking share in my father's part or again he wants to make partition in other way.

This partition deed is registered in sub registered only.

Can my father go ahead and makes property into his name by providing registered deed.

Vikas   20 March 2019 at 08:12

Eldest member not taking care of family

a Property is self acquired by a man in 1992,he has a wife and only one son
the son is married in 2006 and is having a wife and one son
total 5 members in family who are hindus
the eldest Man since the beginning had habits of gambling drinking womanizing,but his wife still bared and didn't leave him and continued living with him for society's sake
the property is gifted from the man to the son in sept 2017
since 2018 the eldest man has been misbehaving with the entire family the wife the son the daughter in law and the grandson
the eldest man keeps threatening to the members i will sell this house to his brother who has been eyeing this mans man's property
Questions
1)Can the eldest Man sell the property to his brother or anyone else even though he has already gifted the property to his son and there is no revocation clause in the gift deed.He keeps threatening the family that i will sell this property even though he is aware the property is already gifted to his son and it is registered with the sub registrar in haveli mumbai Maharashtra.
Can the eldest man pretend or lie that he was forced to do the gift deed and get his property back in his name,the witness in gift deed was the eldest mans wife and his sons father in law
2)the eldest man keeps threatening the family members i will bring woman in this house i will gamble in this house,he will throw the family members out of the house,can he do that?
3)the family members are fed up of his regular harrassment and he is a senior citizen of 64yrs old still he keeps harrassing them
4)the eldest man is in retail business of garments and he and his wife are the partners in the firm
th business is a partnership firm which is registered and the place where business is conducted is a tenated premise since 1982,can the man sell his share to his brother without the wifes consent,there is a clause in partnership deed that mutually both partners can amend the partnership deed,the wife wants to surrender her share in partnership firm and put the sons name,can it be done

Shiva   19 March 2019 at 21:02

Buying agricultural land in karnataka

Hi,

I am an IT professional. Planning to buy agricultural land in karnataka. My father is farmer. My grandfather and 3 brothers of my father are also farmers. My father sold our agricultural land in 2013. Which he owned from many more than 20years. Still my fathers brothers owns agricultural land.

So question here is am I considered as an agricultirist as I belong to agricultural family and my ancestors owned agricultural land. Is it possible for me to prove that I am an agricultirist even though my father doesn't own any agricultural land from past 6 years by province RTC of our sold agricultural land? Is it possible to prove by providing details of my father brothers agricultural land details to prove myself an agricultirist??

As my annual income is less than 25lakh. Is it advised to get permission from Assistant commissioner for buying agricultural land as per the karnataka land reform act.

Please help me as I already paid advance amount for buying land.

Anonymous   19 March 2019 at 19:04

Deed of conveyance matter

Our society is going to make Deed of conveyance from builder but he ask to put a clause that my flat have legal issue is going on which is known to society.
Actually i purchased flat from first owner not directly from builder , that time society didnt forms so i received clear NOC from builder for no dues in all respect, but when we members goes (after 2 yrs)for Deed of conveyance that time he mention my flat service tax is due from first owner so he will not conveyance if still want he ask to put clause "my flat have legal issue is going on which is known to society"
and society is putting same clause in deed and going on.
1)After this clause i have any issue to sale flat if required or society can make any objection.
2)I already submiited NOC given by builder to society.




Stephen   19 March 2019 at 16:36

How to initiate out of court settlement

Dear Experts,
I am standing as GPA for one of my friend (Plaintiff) who is living abroad who got his plot cheated by the seller / defendant. A OS and Criminal case has been filed. While with lot of persuasion the OS/5854/2016 has progressed to the extent of cross examination on both sides (Plaint & Defendant) including proof of certified copy of prior OS/598/1998 ORDER decreed in 2010 gone against the defendant. While the same defendant is seeking court monitored survey which hearing is kept pending by judge. Now I am seeking few help and advice from the experts in this panel:
a) Who can initiate out-of-court settlement? i.e Me (GPA) OR my friend (Plaintiff). If either of us How and When to initiate and how to inform the court / judge.
a.1) Will the judge / court ensure the amount of 26 lakhs claimed in our OS is paid fully by defendants and how would they validate whether the money is paid by defendants. Besides what timeframe would court allow for defendant to honour
b) With OR Without out-of-court settlement what are the subsequent stage of this OS need to proceed
c) What bearing / help would this court provide is pertaining to criminal case filed for same reasons against same defendants in respect to with / without out-of-court settlement?
The above advice and suggestion I ardently seek because the defendant has a habit of cheating similarly others with main reason being we don’t know the whereabouts of the defendant (though he appeared for cross examination) and we don’t know any assets so as to attach as collateral till he repays the money. I desperately need your advice and steps so I can help my friend with right advice before we take this step.
Warm Regards
Stephen

suneetha Jain   19 March 2019 at 14:33

Land issue

Sir, My friend's Grand Father (Mother's Father) has purchased agricultural land near Visakhapatnam 50 years back. Later, he settled in Singapore and all his children are settled there. 6 years back, one of his daughter in law (Her Husband Passed away long back) sold away the land by bribing the local authorities of land and revenue by creating fake records. So, My friend has filed a case against her in Court. The Case is recently closed and the result came against my friend. Now, what should we do??

Amit Ranjan   19 March 2019 at 10:00

House of my uncle

My father has one elder brother whom has four daughters but he only wants to give property to only one daughter so other three daughters sold my uncles house to me but after some time uncle and his one daughter sold same house to other person and so case was filled in civil court but due to my negligence other person won and tries to build his house I was given one month what should be done and can the result be favoured in my house

Anonymous   19 March 2019 at 06:32

Co-operative housing society not functioning

Good Morning to all Experts,

I have a flat in co-operative housing society, there is no managing committee, no chairman and secretary, there is no body for management of the society.

I have applied for a loan , Bank has asked for a no due and no objection certificate but as there is no chairman secretary in society i am unable to get no due and no objection certificate from the society

how can i get a no due and no objection.
what are the other options available to me that can help me.
can a bank refuse to give loan in this scenario.