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Basant Aggrawal   09 July 2025 at 08:19

I need some guidance.

Hello respected members,

I need legal guidance regarding the ownership of a HUDA plot in a partnership firm case. Here are the details:

In 1990, a partnership firm named M/s Radheshyam Aggrawal Chemicals was formed with four partners:
Deenchand Aggrawal, Basant Aggrawal, Rajesh Gupta, and Manish Jain.

In 1992, a HUDA industrial plot was purchased in the name of the partnership firm.

In 1997, three partners—Deenchand, Rajesh, and Manish—retired from the firm by signing a dissolution deed, leaving only Basant Aggrawal as the continuing partner.

One important clause in the dissolution deed said:
"Sh. Basant Aggrawal shall have the right to carry on the business of the firm under the same name M/s Radheshyam Aggrawal Chemicals singly or with new partners. The retiring partners shall have no right or claim in the assets, goodwill, or property of the firm and shall not use the firm’s name."

After this, for 3 months, Sh. Basant Aggrawal continued the business alone under the same firm name.

Then, in mid-1997, he brought in two new partners, Sh. Jille Singh and Sh. Ajay Singh, through a new partnership deed. The firm continued in the same name and address, but there was no mention of the HUDA plot being transferred or pooled into this new partnership.

Later the same year, Basant Aggrawal retired from the firm by signing a retirement deed, and the business continued in the same name with Jille Singh and Ajay Singh as partners. In this manner, the constitution of the partnership firm was changed. Again, the retirement deed did not mention the HUDA plot or any asset transfer.

No NOC or transfer permission was ever obtained from HUDA during this entire transition.
Also, the plot is still registered in the name of the original firm as per HUDA records.

My Question:
Given these facts, who is the rightful owner of the HUDA plot?

Is it Basant Aggrawal, who was the sole surviving partner after the dissolution, and never officially transferred the property?

Or is it the reconstituted partnership firm with Jille Singh and Ajay Singh?

What legal view would HUDA or a civil court take in such a situation?

Anonymous   07 July 2025 at 21:30

Release or gift or will or anything else

Dear sir

My dad was single owner of flat. He did nomination in my mom name when he was alive.

Then society transferred flat in my mother's name after my dad expired.

Me and my sister is there.

Now what are the options available with my mom If she wants to pass on that flat to me and my sister. Also advise any other option.

Regards

Anonymous   06 July 2025 at 12:16

Leasing out soceity crech

Dear exports ,
Builder has given creche to soceity but we wanted to know Can we lease out the soceity creche on rent to generate some income for betterment of soceity as per maharashtra Co-operative soceity act 1960.

Praveen Kumar   05 July 2025 at 11:24

increase in maintenance charges

Dear Sir, I am a resident and flat owner at Rishi Apartment, located in Baddi, Himachal Pradesh. I wish to bring to your attention serious concerns regarding the maintenance and functioning of our housing society, which is currently under the control of the builder. The builder has failed to provide basic facilities such as proper security, regular cleaning, and general upkeep of common areas. Due to these persistent issues, the flat owners collectively formed a Flat Owners Association (currently unregistered) to address grievances and represent our interests. On behalf of all residents, the association has been regularly communicating with the builder via email, requesting improvement in services. However, instead of addressing these genuine concerns, the builder recently issued a notice increasing the maintenance charges, despite the quality of services being extremely poor. As per the maintenance agreement, charges may be increased only once every two years, and by a maximum of 10%. However, the builder has imposed an increase that exceeds this limit, without consultation and without any corresponding improvement in services.In response to this arbitrary action, the flat owners have collectively decided to Withhold payment of the maintenance charges Until improvement of services .Despite multiple reminders, the builder has not responded to our communications. Furthermore, the builder is not registered under HPRERA .We now seek your kind guidance on the following: 1. Is it legally justified for flat owners to withhold payment of maintenance charges under these circumstances? 2. What legal recourse or action can we take against the builder for poor maintenance and arbitrary increase in charges? 3. Where can we file a formal complaint, given the builder is not registered under HPRERA? We look forward to your support and direction in resolving this issue lawfully and fairly. Reply Follow

gaurav   01 July 2025 at 23:04

Ancestral agricultural land

I have ancestral agricultural land. My brother passed away 2023. Now someone forged a will and applied at tehsildar court, he gave in his favour. Now , I read will is only valid if there is legal division of property. It's not in this case. Also the will was registered post death. A fake notary will used to make it

Anonymous   01 July 2025 at 00:22

Move in / move out lift charges in soceity

Dear exports , Can you please confirm if soceity can charge move in move out lift charges as per maharashtra Co-operative socety act 1960 .
If soceity can charge , Please help with the act no with details mentioned in Co-operative socety act 1960 .

Rajendra prasad   26 June 2025 at 19:24

Rental agreement

Dear Sir / Madam,

We want to give our shop for rent. Please suggest whether the rental agreement period shall be less than one year (11 months) or it can be for more period. Whether the rental agreement needs to be registerd or not.

Kindly suggest.

R. Rajendra Prasad

Saritha K N   19 June 2025 at 09:43

Agricultural land

Hello,
I'm planning to buy agricultural land in Karnataka. The owner happens to be from OBC category. Can you guide if I can buy from OBC? Any legal issues and things that I need to take care off?

Prashanth Hs   17 June 2025 at 14:05

Tenancy in common

Hello everyone,

I’m in the process of purchasing a 50% undivided share in a commercial property in Karnataka. The current owner holds the entire property in his name, with a registered sale deed.

I have a few questions and would appreciate your expert guidance:

Is it legally permissible to register a sale deed for a 50% undivided share in such a property?

Post-registration, will both co-owners (the seller and I) be reflected in the Encumbrance Certificate (EC)?

One of the lawyers I consulted mentioned that the Kaveri online portal does not allow entering two owners for the same property. Is that accurate, or is there a way around it when it comes to co-ownership or tenancy in common?

If tenancy in common is valid and recognized in Karnataka (as per Section 44 of the Transfer of Property Act), what key legal or procedural aspects should I ensure from the buyer’s perspective?

Thanks in advance for your time and inputs.

RAMESH R (RAMU)   16 June 2025 at 10:41

Can a widow wife claim a her deceased husband's property

Hi All,

In a case a widow wife having a girl child, she is staying in her mother-in-law's house and taking care of her. They have 5-6 properties (all in the name of mother-in-law), and the income getting from those properties is taken by the mother-in-law and she is not giving any money to the daughter-in-law for expenses and to take care of child. Instead, she (mother-in-law) opened a joint account with her daughter (married) and kept all income in that account.

The Parents only have 2 children, a Son and a daughter. Here, Father-in-law, Son is no longer alive. The mother-in-law is selling some portion of the property without the knowledge of the daughter-in-law, and the amount received from the sale of the property is also given to her daughter.

In this situation, the widowed wife asked her mother-in-law to make her husband's portion property in her name or in the name of her minor daughter. Now the mother-in-law is saying I will not give anything to you, and she is saying I will give all the property to her daughter. Do whatever you want.

Kindly suggest the rights of the widow & Child of the deceased husband to get the Portion of her deceased husband.
Can a widow claim the portion of property of her deceased husband?
Can a widow file an injunction to not sell/modify the status of any property?
Can a widow wife claim a partition suit for her deceased husband's portion of property?

What legal right can she exercise?

Thank you all in advance.