Bharat Gala
20 October 2008 at 22:23
One of our member was a guarantor and mortgage his Flat to Bank in Mumbai. Due to his ill health he died few years back. His family was not staying with him at the time of death. The said Bank under SERFAESI ACT 2002, took the physical possession with a simple letter to the Society not to transfer the shares of the said Flat. Meanwhile Bank for recovery of their dues sold/auction the flat to the buyer without informing the society nor taking prior NOC from the society.Due to the death of the member there were outstanding maintenance charges to be paid to the society. No information is gvien by the Bank with regards to sale of this Flat. The Purchaser informed the society that he has purchased the Flat from the Bank and he has given on L.L. without taking NOC from the society.
My Question is what is the procedure to take action against Bank for not taking NOC from the society to sale the Flat? Can society take action to recover the outstanding dues of this Flat ? Can Society refuse the purchaser to take him as member? Can society ask the purchaser to make the payment of outstanding dues of the society? Can he give his Flat on L.L. without obtaing NOC from the Society?Can he sale his Flat without transfering to his name directly to third party ? if he does what remeady available to the Society?
Rekha.....
20 October 2008 at 01:42
Hello! How r u everybody?
Here is the query
The gentleman has acquired the property by the partition of his ancestral property. The said Property consists of numbers of Plots. The said Gentleman had sold his 6 plots to one party ‘A” in 1992 and the same plots sold by the party’A’ i.e37,38,39 and 53,54,55 to our client in 1995 out of 6 plots,4plots were(37,38,54,55) sold by our client to other party in 2006. Because of some financial difficulties our client could not construct any structure on the remaining 2(39,53) plots. Our client applied for Lay out plan for the said plots and realized that the Description of the property and the situation of the property were not as per the Deed. Meanwhile these said plots are occupied illegally by the friends of the original owner by his (original owner) consent. Our client has requested solution from the original owner but he is not giving any response. The original owner suggested our client for alternate plots i.e 21, 26 and my client get executed Power of attorney and agreement to sale (notarized only) for both the plots in favor of him. When our client started some activities on the alternate plots the one builder informed our client that the said plots are already sold to him . V checked recently 7/12 and Index –II also Plots no.39 and 53 are in the name of our client, and plots no.21,26 are in the names of some parties(sale deed executed in 1982 yet to be confirm for the revenue records) .Our client issued notice to original owner dt 3/11/2004 and also approached to the Collector of the District for the said problem and because of this our client could sold above said plots(37,38,55,54) in January2006 .
Would u please give us suggestions and Guidance under which law v hv to proceed? Can it come under the law of consumer Protection act? Civil or Criminal proceedings Plz…
Thanx for giving ur valuable time.
RHM, NJP, HDM, RMH
gaurav
18 October 2008 at 11:36
I was working with Reliance energy in delhi as assistant manager . Reliance energy is known as BSES in delhi and anil ambani as the managing director . BSES was earlier a government concern known as DESU.It is enagaged in distribution of electricity in DELHI . BSES is famous for the corruption . 95 % of the employees are corrupt in the organization . I could not fight with the corrupt employees and finally I had to leave the organization after working for 4 years because I was so much harassed by the manger and the people sitting at higher management .My manger was a government employee .He started mentally harassing me so much saying me abusive language ,starting giving clerical work and many things . He is the most corrupt manager . He has taken crores of rupees in corruption from delhi public .He is never caught because he never takes bribe directly and he has got indirect means for taking corruption . I went to vice president of company but all in vain .He told that it’s a private company and first golden rule of private company is that u have to satisfy ur boss ego. I recoreded that conversation also . Now the thing is that I think I cant fight with the company with my mental harassment because they can put any blaim on me like they can say that he was not working properly or he was not speaking with boss in right manner –any bloody thing they can blaim on me because its such a big company .
Only thing I can fight now is that during the appraisals filling ,my manager demanded a bribe of a sinagapore tour from me . But I didn’t bribed him . 2 colleagues of mine are eye witneses of that bribe demand . I wrote everything about this bribe in my resignation to the vp(hr) of company .But company has not taken any step against that manager which have further setback for me and my mental health . Since my colleagues are working in same company and may not open their mouth but I have recorded conversation of one my colleague in which he accepting that manger demanded bribe from me. He can not deny that fact. I am going to personally meet vp-hr and write a letter to management and anil ambani too . please give me the legal advice if management and anil ambani doesn’t take action against that manager . I am ready to go to media too . I am really mentally harrased so much that I am not in a condition to do any other job . Problem is that manager is friend of CEO of company . Please give me advice ,how should I write the letter and to whom should I write . Should I write to anti vigilanace department also since that manger is a government employee . Where else I should shoot the letter .Please help me
davinder
17 October 2008 at 12:55
i want to form a law firm. how can i maske it. is registration compulsary? please tell me other requirements.
Subrahmanyam
16 October 2008 at 20:56
Can i kindly know if its possible to takeover an existing CA firm. If so I am looking for the same at Hyderabad. Kindly can anyone provide me any info in this regard.
baljit singh
15 October 2008 at 12:55
wherther the accused can take benefit of number of the cheque wrongly quoted (only one digit) in the complaint whose date and amount is same and there is only one transaction between the complainant and accused. apart from that the evidence shows taht the wrongly numbered cheque was never issued to the accused by his bankers and if the digit wrongly quoted is replaced by the one to be one to be right then the said cheque was do issued to the accused by his bankers. quote some case law also.
baljit singh
15 October 2008 at 12:54
wherther the accused can take benefit of number of the cheque wrongly quoted (only one digit) in the complaint whose date and amount is same and there is only one transaction between the complainant and accused. apart from that the evidence shows taht the wrongly numbered cheque was never issued to the accused by his bankers and if the digit wrongly quoted is replaced by the one to be one then the said cheque was do issued to the accused by his bankers. quote some case law also.
Nishant Singla
14 October 2008 at 07:52
My father was elected as surpunch of Chhachhrauli village in 2001 by 375 winning votes. Since then one of punch of my village with jealous always try to tending down my father image in village by making false issues against my father. Recently he got the photocopies of our records of panchayat term from 2001 to 2006 and made a complaint to D.C. yamuna nagar, of course the I.O. find a clerical mistake and fined us with rs. 96301.Therefore we submit this money to Panchayat fund and then inform to I.O.. But due to jealous the complainant publish some defamatory news in newspaper by 5 days. Besides, this he (the complainant) was also a punch in our tenure and he had signed in the Proceeding Books of which he made complaint to D.C. So, i want to know , can i file a PIL against him in Punjab & haryana high court to restraint him from making further complaint because he has already signed the proceeding book for some issues of which he make complaint to D.C.. of our district.
From: Nishant Singla
Town-chhachhrauli
Distt- Yamuna Nagar
State- Haryana.
Ph no- 09354519053
email id-nishant_etp4@rediffmail.com
Rekha.....
13 October 2008 at 18:36
HellO!
Pl. would u furnish me the soft copy of the following authority
AIR 1996 pgno130 (Gujarat)
KANTIBHAI VALABHAI PATEL V/S PRAVIN NATHUBHAI
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Good Consumer Forum Counsel
Hi All,
I need a good state consumer forum counsel in Bangalore for filing an execution petition. Can you please provide me the contact details for the same.
Thanks & Regards,
Manish