Anonymous
09 February 2011 at 19:52
FACTS
1) Kunj Bihari and Brij Bihari are two brothers jointly owning a flat in Mumbai. Both paid 50% each towards its purchase 30 years ago. The shares certificate shows the names as Kunj Bihari AND Brij Bihari and NOT as owner 1) and owner 2.
2) the current status is that Brij Bihari alone resides in the flat with his family and he is in its complete possession. where as Kunj bihari has been living elsewhere since last 15 years.
3) Each pays 50% of the maintenance bills to the society. but Brij Bihari alone pays the electricity bills as he alone is living there.
Questions:
1) the share certificate states Kunj Bihari AND Brij Bihari. Brij Bihari is not specifically stated as the second holder. It is obvious that two peoples name cannot be written as first and hence one name would precede the other -- is it then fair on society's part to even state that Brij Bihari is the second holder?? The society has been saying Brij Bihari is the second holder of the flat and that they recognise only the first holder (i.e. kunj bihari). Please answer if it is correct to do so??
If Brij Bihari is the second holder, then what are the rights of the second holder vis-a-vis the first holder. (Can you suggest some reference book on this)
2) does Brij Bihari have nomination rights for his 50% of the flat holding?
3) Can kunj bihari at all make a nomination of 100% of the flat in favour of his son,etc. eventhough he has contributed only 50% and is owner of only half the flat.
3) Is it not mandatory (by law) for kunj bihari to mark Brij Bihari as a nominee of the flat and not someone else.
Can Brij Bihari stand for society elections and have voting rights? can he attend society agm?
Anonymous
09 February 2011 at 16:20
A mother made a will of her property to be shared equally among two sons and two daughters. Later sons threatened her and made second will stating that the property should belong to her sons only. She told this to her daughters and signed on an unregistered third will stating that the property should belong to sons and daughters equally, and died. Daughters gave a lawyer notice and the sons also replied by another lawyer. Daughters suited in the court. Now the sons made a phone call to the daughters agreeing for 4 equal parts with a condition of withdrawing the case. They were telling that they wont come to the court and talk to the advocates. In this connection, what will be the best step the daughters should take to make the sons abide by the word and to avoid any future disputes? Is it advisable to withdraw the case just believing their phone call? please advise...
siva kumar
09 February 2011 at 14:13
Dear Members
Can an unregistered deficitly stamped instrument can be impouunded by court and direct to register the same. If so under what provision of law. Pl clarify.
Regards
Anonymous
09 February 2011 at 14:09
I live in jaipur my agriculture land was acuquired by state govt. and 20% residential and 5%commercial land was given in return but again (provisonal allotment was done but no pakka patta was given) again govt for its jaipur metro project has issued notices to acquire the land given in compensation . govt. will not devlop this land but insted will give it to jaipur metro rail corporation its company to auction it . now what are the options available to me ,kindly suggest ,is there any landmark ruling or decision by any high court or supreme court which can be used in this reference.kindly mention any provision if any. earlier , agricultural land initially was acuquired after we withdrdaw from high court a case against the concerend authorities and in mutual agreement in written we were given compensation.
spandhan
09 February 2011 at 11:13
hi freinds, i am in search for the basic concept and origin of "lock-in period" in the lease of a commercial properties and where can i get the principle for it. Can you please help me in finding solution for my problem...?
Anonymous
09 February 2011 at 11:12
Is a widowed mother heir to a married son if he dies without a will. Does she have an equal share with her son's wife and children.
Anonymous
09 February 2011 at 11:11
Is a widowed mother heir to a married son if he dies without a will. Does she have an equal share with her son's wife and children.
Anonymous
09 February 2011 at 08:06
hi, in r socitey evry body(40pix) has done little altration in der houses but the chair persone has coverd d open terrece n lots of other illegal work,ven v ask managing commetie to take legal action againt chair persone so dey r pointing others dose has done vry small altration like increasd window size, shift der kitchen etc,in this sitiuation vat v suppose to do?
Kiran Pande
08 February 2011 at 20:05
We are 4 minority members who have not signed the consent letter due to non availability of floor plan, only a part of closed parking to members by the developer etc. Now after examining the indemnity bonds signed by the managing committee members, we find:
A/ It's being signed on Rs. 100/ stamp paper.
B/ Some members have signed after 15 days.
C/ One member has not mentioned any date while signing
D/ When secretary signed, there is no signature of a witness.
E/ There is an overwriting by a member of M.C.
F/ There is no signature/ acknowledgment of the bonds by registrar and we don't know whether the registrar is aware.
NOW OUR QUERIES:
Q1/ What should be the value of the stamp duty for an indemnity bond?
Q2/ If a member does not sign within 15 days?
Q3/ If no signing date is mentioned?
Q$/ Is witness's signature mandatory? Even for secretary who signs the indemnity bond?
Q5/ Does Indemnity bonds signed by the members of the managing committee requires acknowledgment/ signature/ stamp of registrar?
KIRAN PANDE
kiran.c.pande@gmail.com
09920991661
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adoption
can a adopted mother can change the adoption deed signed by both after expire of her husband without knowledge of adopoted child/natural father of the adopted child.
the child at present is a mojor one ?
and can the adopted son can prevent her to change the deed that is been made previously..