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Justacommonman   07 October 2020 at 01:22

Voting in rwa elections | one flat one vote | up apartment

Dear Experts,

As per the elections guidelines published for the election of AoA in our newly formed society in UP Meerut jurisdiction, the bye-laws state that "Voting will be on a percentage basis, and the percentage of the vote for which the owner is entitled is the percentage assigned to the dwelling unit or units in the declaration." As per this the Election Officer says that unit having lesser area will have a proportionately lesser vote.

AFAIK, As per the SC judgement of 2007 - "Veena Kumari Tandon v. Neelam Bhalla And Others" - one flat one vote should be the norm. But the The Uttar Pradesh Apartment (Promotion of Construction, Ownership and
Maintenance) Rules, 2011 contradict this SC judgement saying:-

"SIXTH: (a) that the right, title and interest of each apartment owner and his
proportionate share in the profits and common expenses for the common
areas and facilities, as well as the proportionate representation for voting
purpose in the meeting of the Association of Apartment Owners of the
…………………………….… Condominium is based on the proportionate value of
each apartment to the total value of all apartments. "

There seems to be a clear contradiction here. Please guide what can be done to enforce one flat one rule as mandated by SC?

Samik Bhattacharya   07 October 2020 at 00:32

Citizenship and immigration service or foreign marriage act



To
The Concern Authority
Lawyers Club India

Sub : Seeking for information
Respected Sir/Madam,
I undersigned most humbly and respectfully showeth and seeking information under as follows :-

A. The procedure for getting citizenship of a Nepalese Girl wedded to the Hindu Brahmin of Indian Citizen. How much time it will take?
B. Is there any particular "Form" of Application to be submitted seeking citizenship and is any Fee required to be paid, kindly let the mode of payment too.
C. What kind of documents required therefore , apart from the Educational Testimonials, Marriage Proof, Domicile Certificate of participants etc .
D. Kindly give the name of any particular authority deputed and designated for the above purpose and is the physical presence of the participants in person or duly authorized representative required (if so) in which stage of proceedings.
E. We know about 7years procedure we want emphasis on 1 year plan under special marriage act. Describe any other suitable method.
It is my request with yourself kindly be pleased to provide the above information.

Thanking you with an anticipated response.

Sincerely yours


___________________
Samik Bhattacharya
9229194891
bhattacharya.samik@gmail.com




Anonymous   05 October 2020 at 14:52

Private education society registered

The actively working secretary of the education institution resigns overnight with no valid reason after serving nearing a decade. How to handle the situation, especially during this COVID19. The attitude is self-importance and egoistic attitude. He has not served a notional period for changing to a new secretary, though explicitly nothing has been mentioned in the bye-laws of the education society.

06th October,
My concern is that my father started this institution with two like-minded persons. Now all the three are no more. It has completed almost 47 years without any problem. The organization imparts education at a very nominal fee with a good turnout. I am the advisor as a senior member, and the board members seek my advice except for the secretary who is inconsistent in his stand, who resigned without notice. So, personally do not wish to see unwanted turmoil in this education society. Each of the members is the young generation, though not contributed by their Sevak, Kartha or a donor. They got inherited membership of their parents., and the institution should not dwindle in the process of egoistic attitude. I do not wish an election, instead of a consensus selection or appointment of the President, Secretary and two Vice-Presidents.
After doing this process, is it the right time to amend some improved guidelines in the bye-laws?

Amit Kumar   02 October 2020 at 15:17

Legal process

HI EXPERTS,



Pooja Narasaiah   02 October 2020 at 05:01

Regarding improper accommodation from bsnl

I am residing in bsnl quarters which is allotted to my father from 9 years. The problem are sewage blockage, degraded from the neighbor employees. We raised complaint but no proper response. We also asked change of quarters but they not alloting the quarters

Anonymous   01 October 2020 at 19:59

Society laws

X is a member of the society and doing dictartorship in the affairs of the society. Many cases are pending in the Hon'ble District courts and in Hon'ble High Court. But X any how managed with his followers and agents and doing all illegal means by executing creating fake and false documents and preparing fake minutes book in the name of the society.

What is the remedy for Y ? Y are some of the members of the society How to cease the society till the disposal of the suit or Can there are any provisions or laws relating to the Hon'ble that can take the properties into the custody of court till the disposal of the suit... Please answer in brief sir...

Anonymous   29 September 2020 at 11:07

Writing a letter to addl.sr. civil judge

I have to write a letter to Addl. Sr. Civil Judge regarding a case. Can I address him as under:

Hon'ble Shri _____________
Addl. Sr. Civil Judge
Court No.____
Tis Hazari Courts
Delhi.

Hon'ble Sir,
___________________
Kindly let me have your views in this regard.

Prashant   28 September 2020 at 20:08

Farming land problems

Hi,

We are four brothers and we have 30 acres of land and out of it 12 acres is ancestor property and the rest 18 acres is bought on my money as I was a working person alone in the family and the rest 3 are looking after the land in the village and we were not separated till 2018 and in 2019 we got separated and our ancestor property was divided with 4 brothers i.e., 3 acres each and rest 18 acres have been registered on my name and their willingness also have been asked as the other 18 acres was purchased when we were together and they had no dispute in this matter.

Its been a year we have separated and we wanted to develop the land now, but now they are asking for equal distribution of land as it was purchased when we were together and they are approaching the court for it

Kindly help me with the legal procedure to protect my property which was purchased by myself.


Anonymous   26 September 2020 at 19:22

Becoming an advocate

Sir/Madam
I completed my LLB in 2015 but could not proceed ahead as I was in job. Now i am retiring. how do i proceed with becoming a registered lawyer. I have only completed LLB and nothing after that. Thanks

Anonymous   25 September 2020 at 19:19

Waqf related

Hello Sir
One Waqf Institution belongs to X ancestors. but when survey was conducting in 1960's it has wrongly entered the name of the sweeper Y as mutawalli instead of the X. many representations given to the Waqf board regarding correction of name and later given will and consent of the Y sweeper that he is no way related to the institution or ancestor of X. Neither Waqf board changed nor corrected the name of mutawalli. Now X came to know that his name is not present in the Gazzette. X assumed that waqf board corrected his name. And served by protecting the institution from encroachers, and he is performing all the rituals, customs to the institution. from nearly 46 years. of the X is a senior citizen nearly about 85 years of age and belongs to the waqf institution ancestral property. What is the remedy to X ? Please kindly suggest Sir.