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

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Prathamesh   31 July 2016 at 12:09

Payment of donation & transfer fee applicable in mumbai while selling/purchasing a flat

Hi,

Hope you are doing well.

I have a query related to transfer fees and donation paid to the society while transferring the ownership of flat.

Can you please help me to solve the below questions;

1. Maximum amount of transfer fee; a society can charge (I know its Rs.25,000 maximum)? Also, any benefit applicable when both the parties are member of the same society?

"As per the latest Housing society manual; Transfer premium is not necessary for deceased member, mutual transfer among two members of the society or transfer among family members."

2. Maximum amount of Donation; a society can charge? Can you please give any reference?
As i have checked latest Bye Laws/Housing Societies manual but both of these documents doesn't address this question.

As per the bye laws;

"payment of amount of premium at the rate to be fixed by the General
Body Meeting but within the limits as prescribed under the circular,
issued by the Department of Co-operation / Government of
Maharashtra, from time to time. No additional amount towards donation
or contribution to any other funds or under any other pretext shall be
recovered from transferor or transferee."

Any latest circular with reference to above issued by the Department of Co-operation / Government of
Maharashtra?

Kindly answer both of these queries to the best of knowledge.

Thanks a lot!!!!! your help on this is much appreciated!!!

Navdeep singh   31 July 2016 at 11:03

To find whether private complaint considered as registered

Sir, a person has filed false complaint against me to police but after enquiry it was found false and filed by police and for the same case he has filed a private complaint against me in the court.... now I want to apply for a government job and in the application form there is a clause ( whether a case is registered against you-yes, no) now I am confused that what should I answer in the form.... please let me know...... I will be thankful to u

Sujitkumar ukey   30 July 2016 at 23:30

intercast marriage benefit

Sir, my wife ( obc cast ) belongs to zarkhand state and I ( sc cast ) belongs to Maharashtra state, so can we get intercast benefit ??

shailendra khatri   30 July 2016 at 17:58

Stamp duty

An open land cooperative housing society was formed and registered as per the MCS Act 1960 by some of the members.

Mainly purpose of formation of the said society is to buy the land jointly and construct building thereon for self use.

However, later on society member came to know that there is a reservation on a part of the Land of Local Corporation so it is difficult to construct the building.

Hence, members got the registration of society cancelled by competent authorities so that said land can be transferred to each member of the society and they can record their name on property card.

Now society registration is cancelled by competent authority and in the order it is mentioned that member can get the land transfer on their individual name.

Now owners have to execute conveyance deed in their favour on the basis of said order.
So whether stamp duty would be applicable on that conveyance deed or not ?

As per my opinion stamp duty would not be applicable since society is an association of members and co-operative movement was initiated for the benefit of its member and when the purpose of formation of Society was not fulfilled and its registration is got cancelled than ultimately member will become the owner of the land.

Note: While buying the said land from Original owner stamp duty was already paid on earlier Conveyance Deed.

Getting different opinion from people request you to confirm the same with some judgment and law.

ruchi   30 July 2016 at 10:42

Harrased by divorced wife

Hi...one of my friend had a marriage with Muslim girl and had a child. Both of them divorced as per Muslim law.. As per the divorced papers he was agree to pay 6000p.m. With meher of rs 110000 and 4mnth iddat rs 26000.. After giving 136000rs now he need to pay 6000 after 4 months of divorce... His wife continuously messaging him for money.. And harassing him mentally sometimes by emotional texting or sometimes by other ways. She was money I iddat period as well and now asking for money if he deny to do that she threaten him that she will come at his place and do drama kind of thing....he divorced her because of this kind of nature of her... And after divorce also this is cotinued as previous she never wanted to live with him with her in laws... Before divorce they were live near her home in rent.. He took loan to pay iddat and meher money now he has his own expenses as he is living with his old mother after his father'death.. He do not have enough to pay what to do if she continuously harrowing him for more money... Which he can't pay

Singh_1984   30 July 2016 at 04:34

Demand other than maintenance charges

Namaste All,

I live in Cooperative Group Housing Society and the flat is in my mother's name. We have got two Lifts in our building and only one is operational from starting. We the members of the building in which we live contributed personally and got the other lift operational. Moment this lift got started mgmt. discontinued the other lift. Now recently Mgmt. in its general body meeting decided to fix the other LIFT and asked each member to Pay Rs 40,000/- for the modernisation of the other LIFT. This is they are demanding other than Maintenance Charges. I just wanted to know are we suppose to give this amount ? or can we deny or Confront this. My mother is a housewife.

mohd ayub khan   29 July 2016 at 17:06

Registration of an education society

respected expert
i am planning to start a school in alwar, rajasthan and want to setup such schools in other indian states in future. i need your advise on the registration procedure. i have read the registration of societies act 1860. but my query is:-
1.i want to register an education society on all india basis. where should i get my society registered ?
2. is an education society the best way to start a private school ?
3.any other legal requirements to setup a school.
4. how can i get land for my school at subsidized rates from the government?

Gurdit Singh   29 July 2016 at 09:18

Citizenship Act and Advocates Act

Dear Sir, I am an old law graduate who happened to be migrated abroad and acquired Canadian citizenship.I do not practiced the legal profession any where. Now coming to the point, I obtained OCI and planning to come back to India to settle down permanently.I wish to presue the legal profession as it is mentioned in the OCI act that one can practice Law as profession in India. But going through the Advocates act there is no mention in this regard and even from the Internet resources it has been highlighted that OCI is not allowed as the relevent act has no such provision.Can any body could help on this issue.?????

monika   29 July 2016 at 08:08

Renew of driving licence which belongs another state

My driving licence renewal date is 26 th Aug 2016. It belongs to Jaipur. Now my surname has changed. I am in Bangalore. when i search website didnot get ant option such kind. Broker are asking very high amounnt. If i apply for new licence it takes more time and go through learning test. More over after 2 yrs my four wheeler licence is getting expire. Please give genuine advice.

Anonymous   29 July 2016 at 01:28

Citizenship Act and Advocates Act

Dear Sir,
I am an old law graduate who happened to be migrated abroad and acquired Canadian citizenship.I do not practiced the legal profession any where. Now coming to the point, I obtained OCI and planning to come back to India to settle down permanently.I wish to presue the legal profession as it is mentioned in the OCI act that one can practice Law as profession in India. But going through the Advocates act there is no mention in this regard and even from the Internet resources it has been highlighted that OCI is not allowed as the relevent act has no such provision.Can any body could help on this issue.?????