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

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Anonymous   11 January 2011 at 23:05

Tenants undrethreats from builders(New Land lords)

We were tenants of a Public Charitable Trust owned by a business house for over 25 yrs and in 2006 the trust has sold the buildings to two builders at a lesser price on paper then offered by the tenants for converting their respective premises in to ownership and they are now harassing and threatening us to vacate the buildings. The buildings were constructed in 1960 and are in dalipdated conditions as trust never maintained them. All our efforts to repair the buildings have been waste as BMC due to collusion with builders is not granting the permission for repairs and contempt petion filed by us against BMC is also being delayed and pending since 2009.

The builders have now approached us due to pending contempt petition against BMC for redevelopment of buildings but are not willing to convert our premises in to ownership in the new building/s. We see great risk in the proposal as we paid Pagdi (Goodwill) in cash and in earlier years the trend was of tenancy.

Therefore pl. advice and answer following queries:

1)How we can secure our selves ?

2) How we can get the premises converted in to ownership ?

3) Can we ask for goodwill at market rate for surrendering tenancy rights as we don't trust the builders ?

Anonymous   11 January 2011 at 21:35

Whether - the following person is entitled to get the property

X acquired a self-purchased property from his father, but at that time X was minor and having no other siblings. Another person was appointed as guardian for him. Before the minor could attain his legal majority, the guardian died. At the time of death X was 20 years old. He went to college and fell in love with other girl who was 18 years of age. They married each other and the marriage was consummated. Now before X could turn 21 he died and survived by widow.
Now what is the status of the widow. Is she entitled to receive the property or Government is entitled to receive the same by principle of escheat? Also what will be the status of the would be children of the deceased X to claim the property as in the eyes of the law marriage is in contravention of the Act?

Anonymous   11 January 2011 at 21:31

Regarding Sucession certificate

How to get succession certificate for my wife?Explain with full details

Anonymous   11 January 2011 at 21:13

father death

mr ali married 2 wifes for first wife 1 son and 1 daughter then he married 2nd wife after first wife death for her 2 daughters now ali also died, now alive was 2nd wife , first wife son, and both wife daughter are alive ali property was not divide yet how to divide need to know urgent

Jestin George   11 January 2011 at 20:31

How to get farmer status LEGALLY?

Hi,
My name is Jestin George, 38 years old, and a salaried person working in Mumbai. I am a permanent resident of Mumbai.
I want to buy 1 or 2 acres agricultural land in Maharashtra "LEGALLY" for setting up a second home and growing trees, fruits and vegetables PURELY as hobby farming and not for sale.

No one from my father or mother's side are farmers. I might have relatives who are farmers but i cannot expect them to help me.

My question is: What is the procedure to get farmer status LEGALLY?

i dont mind if the procedure is lengthy. i only want to ensure that it is PERFECTLY LEGAL IN ALL RESPECTS.

my email is juspige@rediffmail.com

Dr Prakash   11 January 2011 at 20:24

MOU format

Sir,
I am selling a property .The sale deed registration is to be done after one or months.
Purchaser is paying advance amount of Rs 10 lacs .For this advance amount paid by Purchaser he requires an MOU.May I request you to kindly mail the format of MOU for the said purpose.
Looking forward for your reply at the earliest as the Purchaser is pressing for the same.
Thanks and Regards
Dr Prakash

Anonymous   11 January 2011 at 20:07

Can I prosecute the MCD ppl?

In the colony in which I reside,there are more than 300 self made constructions out of 336 flats DDA,10/15 years old.

The MCD ppl chose two constructions(one is mine) out of all and then served show cause notice asking why these constructions should not be demolished?


We replied (got the stamped receiving) that these are authorised ones--how can these 300 construction come into existence and have survived for 15 long years if unauthorised ?


We also asked them to show the cause that why they have chosen two properties out of 300 constructions in the same locality and leave others .

In fact,they re taking huge bribes and who give they are left and who can't their buildings are demolished.



My question---their show cause notice--is a legal binding.


My reply---is a legal binding.


What next--Can they come for demolition without replying the questions raised by me in the reply ?


In fact,I know that legally they can not choose any single/two constructions for demolition and leave others.

So asking them these questions was a trick to pressurize them not to touch even a single construction.


Please suggest,what I have done was right or wrong or what else I should/could/would do?

Anonymous   11 January 2011 at 14:56

Bombay Public Trust

Dear Sir,

Please advise on following:

A husband made a private trust in Bombay by Will in 1951, and put the property belonging to his wife who had died in 1947 leaving a minor daughter and sons (some minor, some major) behind. Later in a suit in Bombay, this trust was declared to be a public trust and brought under the administration of Charity Commissioner of Maharashtra State. Last month the sons found out under RTI that the property belonged to their mother and not to their father. And therefore find the father to be incompetent to transfer the property of his wife (Stridhan per Mitakshara).

Questions:
1. Is there remedy available to the sons to recover the property as they discovered only recently that the property belonged to their mother and not to their father?

Anonymous   11 January 2011 at 14:39

Developer buying a plot having a laundry in part of it.

I would request the learned experts to kindly throw light in my following problem. My friend is a small scale promoter going to buy 1 acre of land near Kolkata Airport. The land owners had given a part of the land on lease to a Laundry ( a pvt ltd co.) in 1946 for 50 years. After completion of lease period the owners went to Court to evict the laundry but lost the case & the Court termed the laundry as not evictable. The laundry has 12 share holders. The MD has a fight with his son who is also a share holder & complained in Police 10 years back that his son (shareholder) in connivance with one employee has borken open MDs drawer etc. Now, the Developer has discussed with the MD & one Director who agreed to vaccate the space for him after taking Rs.50 lakhs. In addition to the above all pending PF, Gratuity, Municipal tax etc. for the laundry shall have to be paid by the Developer.The laundry is closed for last 10 years some of the shareholders are not traceabe.


Under the above circumstances

(1)What documents the Developer should have from the Laundry while taking over ther space?
(2) Should the Developer pay the dues of the Laundry like PF etc. directly or to the laundry & ensure that they pay to the resperctive departments.
(3)Can the laundry take a resolution & vaccate the space in favour of the eveloper? In such case can the employees prefer any claim & stop the take over?
(4) Can the Developer take over the laundry by paying the shareholers some money & arranging all the present directors to resign? In this case what else he should do?

Thanks well in advance sirs.You are doing just excellenty job.

Deepesh Lote   11 January 2011 at 12:55

Property mortgaged by the bank is dissolved.

Our property is mortgaged to a bank which is legally dissolved now. Is there a way to get(or buy) the property back on our name?

My father's friend (say A) has applied for a hypo loan in 1998 through an Agent (who is also my fathers friend). My father has been guaranter for this loan. My father's friend didn't paid a single EMI. Bank has issued notice for auction of our property in Dec 2006. The Collection officer visited many times but the auction was delayed due to all the procedures involved. Things came into light in 2008 for me because I stay out of town for my job. Then I looked into the matter. Its hopeless to expect for my father's friend to take any action. Further, Bank director body got dissolved in Feb 2009. Can you please suggest how can we buy our property back?