Yuvraj
24 April 2016 at 10:27
My aunt was unmarried.
She was government employee
She is no More
I am her nephew
I just want to know what could've happened with her pension?
Kindly guide me.
hrishikesh
23 April 2016 at 21:06
A Partnership firm constituted in 1975 with 5 partners share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25%partner D 25%partner E- 25%. Partner A& B have entered into a leave and license agreement for 5 years with a third party( F) without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement stating that agreement should be null and void that they haven't given any authority to A & B to sign any document on behalf Of the firm - C, D and E got a statusco order from court where F would Not create any third party In Near future and can't transfer the shares of the firm to anyone . Now after the order F stillContinue to enjoy the firm premises without paying rent to C, D and E. So they brought Notice of motion demanding that till the suit is decided by city civil court the money of the leave and licence agreement should be deposited in court, as F continue to use the firm Premises by just paying rent to A and B . But the notice of motion was rejected in city civil civil court as judge states what you didn't mention in your main plaint you can't ask for any additional reliefs in notice of motion So C , D and E filed chamber Summons in city civil court bombay for amendment of prays but even that got rejected as judge states that your are changing the nature of suit -So thereafter C , D and E filed a writ petition in high court bombay which is pending .Now it's been 5 years the leave and licence agreement itself has expired so the contention is that the partners A & B may renew the rent agreement C , D and E filed and injunction suit against A , B stating that without the consent C, D and E - A and B can't sign any document on behalf of the firm .( this matter is also still pending ) - Please advice how shall other partners can stop THE RENEWAL OF AGREEMENT AND RECOVER their possession from F as the contract has already expired - And F continue to still use the firm premises without paying rent to other partners.
Yuvraj
23 April 2016 at 20:06
What is procedure to get bank details of passed out person after 12 years?
AJIT KAWATKAR
23 April 2016 at 14:45
we engaged a lawyer for probate in Bombay H. court in 2015,paid rs 25000/-advance
************************* to filed petition,which he did in March 2016
After obtaining Memo we paid Court Fee Online[GRAS] -informed the advocate immediately, requesting for further course of action /guidance without delay.
After waiting for 20 days for his call he told us to handover All ORIGINALS[ court memo, Court fee receipt & WILL ]to him & that Executor's presence is not required.[which we requested/insisted for joint submission].
Experiencing his DELYE TACTICS at every stage,for last 9 months we are fearing to handover ORIGINALS especially "WILL" to him but to accompany him for submission in the court.[pl see our dilemma ]
In the circumstances
Q 1] whether we can directly submit all ORIGINALS without his consent & handover acknowledgement to him .
Q2] suppose we hand over ORIGINALS to him & he starts delaying tactics /misplace the WILL ,whether XEROX of will is considered as original.
Pl advise !
e
Vaidyanathan
23 April 2016 at 11:39
Dear Sir,
My paternal uncle died intestate on 07/03/2013 and was a member of a co-operaive housing society, in Mumbai and was living in flat No. 22. There was no will and neither any noination has been filed.
1) Two of the daughter's are living in Bangalore. and both are married with children.
2) One son is living and married but staying and working abroad.
3) The 2 daughter's had given a joint application for memberhsip and transfer of the flat in their joint names.
4) The son also gave his no objection in a requisite stamp paper for tasnfer of the flat in his sister's joint name and that he will not claim any time in future on the flat.
5) The society is demanding that the son's signature to be attested by Indian embassy abroad from the place where he is staying. He is for some reason not able to obatin the Indian embassy's attestation.
6) Whether the society can make such un-reasonale demand on the daugher's.
7) In such case what is the procedure and how the daughter's can get the transmission of the flat in their names.
V. Vaidyanathan
hrishikesh
23 April 2016 at 09:45
A Partnership firm registered in 1980 with 5 partners share holding ratio 20% each.( A-20, B-20, C-20, D-20 & E-20%) While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25% partner D 25%partner E- 25% but the amendeed deed was not registered .now Partner A& B have entered into a leave and licence agreement for 5 years with a third party without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement starting the agreement should be null and void as we they have given no authority to partner a and b to sign any document on behalf of the firm. , Partners have got statasco order from court but the status quo order was only it seems they will not create third party or transfer the property which even they have given in writing. And it become absolute. The orther partner brought of notice of motion stating that till the suit is decided in the city civil court kindly deposit the rent amount in court . but that notice of motion was rejected on the grounds stating that in the main plaint partners (C, D, & E) have not asked for money so on that grounds notice of motion was rejected. then other partners brough chamber of summons in city civil court to amend their prays but even the chamber of summons was rejected on the grounds that you are changing the main structure of your plaint - now the other partners have filed. Writ petition in high court for asking that the chamber of summon should be granted and that that matter is still pending in high court.now its been almost 5 years that the licence has not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C,D & E concurrence. So now partners C, D and E have filed an injunction suit against partners A and B that without the consent of partners they shouldn't renew or sign any leave and licence document on behalf of the firm that matter is also still pending . now even the contract of leave and licence agreement has been expired , now neither the lisencee is paying rent to the other partners and now even refuse to vacate the premises . kindly advice what prompt action the partners should take to safeguard the property and also get rent for last 5 years .
sonu
22 April 2016 at 23:40
Dear sir,
I live in a registered co-op society in thane city. C.C/ O.C all papers are in hand. our society's deemed conveyance process is ongoing in Thane DDR office. As per C.C and O.C plans, society (building A ) is situated on 2 final plot associated with land onwer's bunglow (building B).
( 810 + 820 = Final plot- 1630 sq.mts ). As per C/C & O.C society has plot area of 1300 sq mts. & land owner's bunglow has plot area of 330 sq.mts....after O.C obtained by both building, land owner built a boundary wall and done a partition between society( building A) and bunglow (building B ).. boundary wall is not shown in C.C plan and final layout .... we have recently done a land survey in which we came to know that we have only 1100 sq.mts plot area ( 200 sq.mts loss ) .....Land owner is not co-operating in conveyance process...His advocate put written say in which he said that final plots can not be sub-divided and he cant give land randomly to the society because it is final plot & F.S.I is calculated on total plot-final plot.
Decision is pending......
In this case what will society do ?
Is final plot can be sub-divided when land owner not co-operating ?
Anonymous
22 April 2016 at 20:40
My aunt who was unmarried. She died in 2002 .at the age of 60.
She had no relatives except my mother
Can my mother claim on her property
But we don't know her bank details
What is the procedure to get her bank details?
jiten
22 April 2016 at 20:36
my grand father bought land in 2004 in the name of my father & two uncles.but in property paper,local name/family name(not as per record)of my one uncle has been mentioned.my father & uncle are live but grand father is no more......can my uncle claim his share in land?can only my father & one uncle share land ignoring the uncle whose local name/family name (not as per record)mentioned?
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Maharashtra consumer commission judgment copy
DOES ANYBODY HAVE COPY OF JUDEGMENT OF MSRDC in the case of OLVPS Co-operative Housing Society versus Allwyn D'Souza.(DELIVERED BY R C Chavan along with member Dhanraj Khamatkar)
ALL SEARCH AT CONSUMER FORUM SIGHT ARE NOT YIELDING RESULTS
http://www.business-standard.com/article/pf/housing-society-resolutions-void-if-minutes-not-approved-114112300782_1.html
A resolution, even if passed at an annual general meeting (AGM) of a housing society, would not be binding if there is a lapse in the subsequent procedure of confirmation of minutes within the stipulated time.
R C Chavan along with member Dhanraj Khamatkar has taken this view in the case of OLVPS Co-operative Housing Society versus Allwyn D'Souza.