Anonymous
24 March 2010 at 17:15
Dear Sir,
My property is going for SRA Development. The developer has agreed for 269 sq. ft. for all the 82 tenants. He is also giving extra FSI of 70 to all the tenants. The builder is not giving in writing transit camp that he would provide. The committee has some select members (the builder had agreed to some of their terms) he is also providing some extra 100 sq.ft. for persons who has around 250 sq.ft. (most of the tenants are occupying a area of 180 sq. ft.). I have some 225 sq.ft. of area, he is not considering to give out anything to those persons who have less than 250 sq.ft. What should I do.
The area of the plot is 1500 sq.mts. Should I take the matter with the SRA Authorities.
Hope you can guide me
Anonymous
24 March 2010 at 16:15
Civil question
If someone has given services to someone for example tent house, lightning facility on various occasion. The person to whom the services has given for example marriage hall owner is not paying him for the services offered by the plaintiff then what remedy is available.
Notice for what will be served?
Pls reply as soon as possible.
There is no written agreement between them. No evidence to prove this fact except the labors who were working on behalf of the plaintiff.
In this case the plaintiff has offered services like lightning, flowering, catering, tent etc to the defendant marriage hall.
Legal notice to be served under what title.
Anonymous
24 March 2010 at 15:28
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?
Anonymous
24 March 2010 at 14:31
my client who was forcibly thrown out from his Godown by his brother and they take possession of the Godown as well as his property like Truck, electrical goods and some other materials, and that godown is in the name of my client but the documents are not registered but the sale deed, power of attorney and affidavit is there which is notarised, kindly guide me that i can filed a suit for eviction and possession of property suit in small causes court at Mumbai or in city civil court
Anonymous
24 March 2010 at 09:46
If the landlord files eviction suit against tenant u/s-16 of Bom.Rent control act during the pendency of suit landlord sale out the suit property to third person? Can land lord have a right to sale out the property to third person during the pendancy of suit? Doctrione of lis-pendence applicable in this case? Can the purchaser have power u/o-1 r-10 of CPC to to add in this case as a third party? And purchaser can be a called a bonafide purchaser?
Related any cited case in this case plz give me a reference.
So plz help me in this case I want to get ur expert opinion and guidance Thank u.
SONTHA SUDHAKAR
24 March 2010 at 07:59
MUSLIM LAW
Sir,
The property purchased by X on 22.01.1901 through a registered sale deed. The property Gifted to Court Mohall by X on 01.11.1930 through a registered gift deed. Later on he executed a WILL on 10.01.1931 in favour of his daughter; the said WILL is not registered one. On the date of executing the Gift Deed in favour of Mohall he was Muthavalli. The property has not given possession to the Mohall by X. Since the date of Gift till to-day the property is in possession and enjoyment by X and his legal heirs. The legal heirs of X are paying property tax and their names’ are shown in the city survey records since then and city corporation records. There was Gazette notification 1965 by the wakf board the list of properties of the wakf, which includes the disputed property. Now the mosque is claiming property and wakf board held that the legal heirs of X are trespassers and encroachers and initiated proceedings under section 54 (3). Kindly let me the position of law. If possible citations may be referred.
01. The possession is not given by X to mosque
02. Gift has not accepted by mosque
03. Property not transferred in favour of Mohall
04. WILL executed by X in favour of daughter
05. The donor can cancel the Gift
Regards
Sontha Sudhakar
P.C. Joshi
23 March 2010 at 21:02
Dear Friends,
Pls advise on my following query.
A Ltd bought a 150 HP motor make of Hindustan Motors through its dealer XYZ.
The value is Rs 2.50 lacs appx. date of purchase is Sep 08.
The motor has started giving problem from jan 10. A ltd complained to XYZ and asked to replace the same as it is due to manufacturing defects. We have other motors working for 20 years and still doing well. But Hindustan Motors is not willing to replace the same saying that warranty period is over. However,the dealer XYZ is willing to do rewinding free of cost. But A ltd is not accepting anything less than free replacement.
Pls advise what legal recourse is available to A ltd to get the motor replaced from the dealer/company.
Regards
P.C. Joshi
shruti deshpande
23 March 2010 at 17:03
I have taken home loan from IDBI bank. disbursed on 16/oct/2009. i have not recieved any documentsation from the bank. mean while i found a press release of IDBI bank dated 29 sept 2009 effective from 1 st oct 2009, that they offer home loan by 9%( i am charged 9.5%). i requested them to change it to 9% but the bank people ignore by saying that your file is a old file. my query is whether i should go to consumer forum or it is covered by law of contracts. Pl. enlighten me on following E-mail. shruti_sachin@rediffmail.com
S. Raghuraman
23 March 2010 at 16:16
Dear Sirs,
My son is a second year student in Mechanical Engg. in a college affiliated to the Anna University, in Chennai. In spite of his good performance in the third semester exams. he was awarded very poor marks in a paper. When he requested for revaluation paying the prescribed fee as per the university rules, he received a xerox copy of his corrected answer sheet from the university. The front page summary alone contains the marks awarded for each answer and they also appear to have been altered to show a lower value--there are no indications of the paper having been evaluated in the real sense; nowhere one finds any comment on the answers nor any deficiency in answering. In such circumstances the student is at a loss to know how his answers are wrong and thus there is no clue to him to improve his performance in the next exams. Kindly advise if the university can be proceeded against under the Right to Information Act?
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PSS Act
Dear Sir/Madam
I would like to know abt the PSS Act, 2007 & Negotiable Instruments Act 1881.
1. Is it similar to each other?
2. How is it related to each other?
3. What are the consequence of the PSS act?
4. What would be the pointers of discussion on the above acts.
Regards
SZ