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Thomas Benjamin   25 April 2015 at 14:53

Transfer fee ,membership fee in apartment owner's association

We like to get an expert opnion regarding the Transfer fee and membership fee in a Apartment owners byelaw.The clause regarding the membership in the first meeting was as follows:-

“ The owner or his/ her spouse, son/daughter as may be decided by each residential apartment owner in the building viz.; LINK HEIGHTS shall hold membership in the Association and shall constitute the general body of the Association. The membership shall be compulsory. In case of sale or transfer of ownership of apartment, the membership of the Association will be deemed to have been automatically transferred from the seller/transferor to the purchaser/transferee. “

In last AGM, the above clause was changed and decided to collect Rs25000 from new buyers as Transfer Fee. We challenged. Association has no right to collect Transfer fee. because,Association’s duty is to manage the maintenance &staff,for which Association is collecting the monthly maintenance fee.

Now the Association is going to Amending the clause as “It is mandatory for each and every NEW BUYER in LINK HEIGHTS to become Member of the LINK HEIGHTS Apartment Owners Association by payment of Non-refundable Membership fees of Rs. 25,000/- (Rupees –Twenty five thousand only)”

We like to get an expert opnion regarding
1.Transfer fee of a maintenance managing association to a new buyer
2 Is it correct procedure of changing the automatic to a paid membership transfer?
3.The new buyer is not ready to take the membership as per bye law, but ready to share monthly expenses.
Thanks with regards

pundalika achyuta bhat   25 April 2015 at 11:34

Mumbai/thane/dombvili based lawyers/consultants well versed with limited company formation

I would like to take paid services of practicing lawyers/consultants well versed in the formation of limited company. I prefer lawyers/consultants from Dombivli/Kalyan area or from Mumbai/Thane area also. I am not sure whether I am approaching through the right forum?. Please guide me.
With regards,
Pundalika Achyutha Bhat

Janhavi Mantri   22 April 2015 at 11:35

Partnerhsip dissolution

Dear Sir,

My husband & his friend started a business (Amul shop)in July 2014 in partnership. In November 2014 his partner gave resignation as a partner and now he is demanding the entire money put in the business by him (200,000)

My husband said he is ready to give 100,000 back but full amount is not possible and the money is already spent (rent + electricity + civil work + freezer etc).

The partner's wife is a police inspector and trying to pressurized by the local police station to get the entire money back. The police officer had called my husband to police station and now he is threatening my husband and if you don't give the money back he will file a cheating case against him.

Honestly we have not cheated him. This was his decision and he left the business.

Please advice aswe have been pressurized by the police inspector.

Regards,

Janhavi

mahendra rai jain   19 April 2015 at 19:48

Succession in shares

dear all,

A had some shares individually and jointly with his son B. A also had 4 daughters and one son B. Now A and B both died. C is only son of B (grand son of A). In all account of A, nominee is B. Now C wants to apply for succession certificate for him only.
my query is ?
1- whether he can apply alone for SC without making party of another sisters of his father.
2- whether C and his all bua's got equal share in property.
3- Is there any provision especially for share certificates.

Uday Kumar   17 April 2015 at 18:15

Company act 2013

Dear Sir

As per Company Act 2013 where Windup Petition is filed .....earlier wind up petition was file din High Court ..

Regards
Uday Kumar

Balasubramanian   16 April 2015 at 19:06

Section 94 (1) (b) of companies act 1956

A company three years after delisting holding 97% of shares passed a resolution in an EGM with a majority for consolidation of residual shares remaining un-tendered after delisting and at the same time offered an x amount to the residual share holders and compulsorily/Involuntarily withdrew the shares from the Demat accounts of residual shareholders and credited an equivalent amount in their savings bank accounts linked to the demat account without a court sanction as section 94 (1) (b) of companies act,1956 for consolidation does not require a court sanction,whether this involuntary withdrawal of shares from demat account is fair in law?Is it not an intrusion on Ownership of demat account holder?as it is a reduction in share capital under section 100 of companies act,1956 which requires a court sanction.can some body quote a case law for such a precedent?

Joseph Cyriac   15 April 2015 at 12:49

Advise regarding regulatory framework

Dear sir ,

At present I am working on a study regarding "A Report with recommendation on regulatory framework for App based transport facilitators in India" . I request you to guide me regarding where I can refer and get access to legalities and material that will enable me to complete this at the earliest. Thank you.

Joseph

ssbhar   15 April 2015 at 08:47

Corporate

“A” IS HAVING 98 % SHARTEHOLDING IN A PRIVATE LIMTED CO . “B” IS NOT HAVING ANY SHAREHOLDING . C IS HAVING 1.50% SHAREHOLDING . A & B WE WERE DIRECTORS . “ B” EXPIRED . “A “ APPOINTED “ C “ AS DIRECTOR . DISPUTE AROSE BETWEEN “A” AND “C” . MY QUERY :

1) CAN “A” CALL THE MEETING OF SHAREHOLDERS AND IF “C” DOES NOT ATTEND THE MEETING CAN ANY RESOLUTION BE PASSED BY THE SINGLE SHAREHOLDER HAVING 98% HOLDING ? IF YES , THEN UNDER WHAT PROVISIONS OF LAW?

2) CAN “A” AS A MAJORITY SHAREHOLDER APPOINT SOMEBODY ELSE AS DIRECTOR IN THE EGM AND REMOVE “C” FROM THE DIRECTORSHIP OF THE COMPANY IN THE EGM ITSELF ?



Randeep   14 April 2015 at 16:25

How to register publication house

I want to register publication agency. Plz guide me

uchit kumar   14 April 2015 at 13:13

Pvt ltd company incorporation

Sir
I want to incorporate private limited company. I want use my home as my office address What are the documents needed for residence proof during company incorporation.?