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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Rajpal   03 September 2011 at 09:25

Rc revision help

Dear All,

I had received Eviction Orders from the Lower Court for my shop in lieu for bonafide use.
But the Tenant has filed an RC revision under High Court - which I checked from the Online High Court Website ---

When i checked the Last date for revision had already passed and the Next Date is after about 6 months .

I still have not received any summon for which i would be going to find out from High Court itself

Please help me in the following queries :-
Can my tenant get stay without me being served the summon? If yes, I believe he will be given another date however, I wonder, if I'll be able to procure eviction order from the lower court? Or High Court's next date in itself is a stay and I'll not be able to procure eviction orders from the Lower Court.
Can I make an application for payment of market rent instead of rent being paid by the tenant after the time of eviction has paased i.e November 2011 -- given by the Lower Court .

Requesting your kind help :-
Regards,
Rajpal

Capt.Pijush Mukherjee   03 September 2011 at 02:32

Right to buy

Dear Sir,
A tenant has rented a flat for last 15 years and the same flat is supposed to be more than 20-years old. Now due to the sad demise of landlord, his wife wants to sell the flat.
Can the tenant get any discount on the depreciated value for the said flat as per Tenacy Act, 1997 as amended in 2002?
Thanks & kind regards,
Capt. Pijush

Anonymous   02 September 2011 at 16:12

Cancellation of deed

A sold a property to B by registered deed in 2001.now, both are came to know that deed is fully incorrect.cancellation of deed is only solution.but A is out of india now.can his power of attorney holder sign in cancellation deed instead of him?

Anonymous   02 September 2011 at 14:28

Sa 13/2

Reference to my mail dt. 31st Aug. One or the expert does not belive that the bankers are not giving statement of account. But it is the fact, the bankers are avoiding to do so. Therefore the only option left with me is to file a petetion against the banker in the court of law which will make them give the statement. One of my seniour also requested them personally but still they did not budge. The Notice dt. Oct 2008 demanding 6Lac+ carry the same contents except for the date and not mention of the payments already made is displayed. It also says that inspite of the notice you have not cared to make the payments.

Manoj   02 September 2011 at 13:08

How is huf property acquired amongst coparcaners on partition of huf property

A, B, C, D, and E are HUF coparcaners, a registered deed of partition of HUF property was executed amongst 'A', 'B', 'C''D' and 'E'.

Now my query is whether the above mentioned coparcaners will acquire the property as Karta of their respective HUF or they will acquire it as self acquired property.

Paras Jariwala   02 September 2011 at 09:58

Property and insurance dispute

Sir,
On the bases of my previous query regarding property and insurance dispute,

I want to know;

1 ) Now my mother in law has decided to
live with us.

2 ) What about my wife's share ?

3 ) If the girl gives in written that she
will not claim on property and same my
mother in law gives in written that
she will not claim on insurance.

4 ) After point no 3 done, if my mother in
law make a will for a property and
gives all rights to my wife.

5 ) After point no 5, will the boy ( after
his age of 18 ) can make a claim on
that property ?

Waiting for your reply.

kamal   02 September 2011 at 09:35

Resale flat without oc

Hi,

(I have by mistake posted this in wrong category so posting again in right thread, don't know how to delete from other.)

A property located in Mumbai, constructed in 1980's with a Co operative Society established in 1986, does not have an occupancy certificate. THE Commencement Certificate is available.

Agent provides with photocopy of the blueprint of the building and says the blueprint can be substituted for OC along with CC.

Although the Building is 4 floor building Blueprint says layout for ground floor and first second third typical layout. How important is the OC in respect with the Mumbai property law. Does it hinders the value of the flat?

I am looking for a bank loan. Would Bank do all the checks in the title verification and the validity of the flat, before I go for the sale agreement registration.


Please throw some light.

Anonymous   02 September 2011 at 09:22

Rent agreement

i have a shop which is given to rent to a doctor for 5 yrs. now he is not in a mood to vacate it. i do not have a rent agreement.how do i vacate it.also in indirect ways he is threatening me of a possible assault or attack by him.what are my supporting laws?

Paras Jariwala   02 September 2011 at 01:05

Property and insurance dispute

Sir,

During my life I gave many time a good amount of money to my father in law and after his death, I helped to my brother in law also.

He has a boy and he is 6 years old.

Now the tings is that last year my brother in law passed away by a serious accident.

He had many insurance policies in which the nominee was his wife.

Now after his death and after received a huge amount from the insurance company, the girl went beck to his father's home.

Now person's mother ( my mother in law ) is alone.

In this situation is it possible for her to claim for some percentage of insurance amount from that girl ?

One more thing is my brother in law did not hold any personal property. The house in which my mother in law lives was made by my late father in law.

In this scenario, is it possible that the girl may claim for a house ?

Anonymous   02 September 2011 at 00:54

What is a valid nomination ?

What is a " valid " nomination in a co-operative house building society,
what should be it's contents, etc.