Gulshan Arora
01 March 2017 at 12:52
We are residents of newly registered society in Faridabad. Few people had registered RWA under Haryana society registration act 2012 without any discussion with residents or may be registered by misrepresentation. And, now they neither increasing members nor declaring elections and still have unelected body. Also stil they accepted documents around 250 residents but not given any confirmation about membership or no etc. those applied for membership, Society have 1500+ flats. Now they are trying to change maintenance agency even they dont have maintenance rights of common areas or not taken handover from builder.
I have an apprehension that on which legal basis new agency will able to collect CAM charges? Initially builder introduced one agency for providing maintenance services under have legal rights of the property and done an agreement with each & every flat owner as an acceptance to pay his/her CAM charges legally.
In this new scenario, neither nominated RWA yet have taken handover from Builder by which they get legal rights for providing maintenance services for common areas nor have an elected RWA for legal reorientation to provide maintenance services for common areas as well as not bound individuals by an agreement to execute legal liability. In future if anyone not pay his/her CAM either not living in society or any other reason. How this unelected RWA will in position to recover the pending money from defaulters legally.
Pusparani Mishra
28 February 2017 at 21:56
What's question of fact,question of law and mix question of fact and law
Anonymous
28 February 2017 at 14:56
Sir i need to know the exact procedure to be followed when the jdr has transfered property pending EP. Should i make an application in the pending ep r should file a separate suit for cancellation of transfer. Sec 52 of TP act comes in to play but i am not aware of the procedure to b followed. Kindly guide me
sujoy ghosh
28 February 2017 at 13:36
Dear Sir/Madam,
My father and elder brother where partners in a firm with a 50% profit sharing ratio. My father has expired recently and now my brother is saying that this partnership deed still exists since in the partnership deed it is mentioned that the partnership deed cannot be dissolved due to death. However can a mere writing can supersede what is there in the Indian partnership act which says that if it is a partnership between only two partners then if one dies the partnership firm is automatically dissolved and the partnership deed becomes void. My elder brother also said that in case of an unregistered partnership deed the Indian partnership act does not apply. Is it so kindly offer you comments on this.
Warm Regards,
Sujoy Ghosh
p phipson
28 February 2017 at 07:09
Can a member under RTI Act demand to get a copy of the Annual Budgets filed with the Public Trust Registration office in Mumbai.
The Trust is registered under the Societies Registration Act 1860 and the Mumbai Public Trust Act 1950
Is the Trust under these two Acts covered under the RTI Act 2005 (Central for the former Act & Maharashtra for the latter Act)
Anonymous
28 February 2017 at 06:12
Hi all
My mother is the sole owner of my deceased father's self acquired house....after my father's death we 3 siblings relinquished our legal rights & made our mother the sole owner
My brother without our consent court-married & since 1 & half yr living at mother's house....in this time they have made mother's life a hell, after 1 yr we have disowned the brother but forcefully they both r staying at house now brother shows willingness to vacate the house & we don't think that now he has any say in wife matters.....but the wife is adamant & pressing for 50% share of house & all other property belonging to my mother....she is keeping no stone unturned to expel the mother from her own home, even the women cell, police has so far taken wife side....I guess now we r not left with any option but court....even the wife has hired a lawyer & on his advice she is making inroads to the house like allegations, domestic violence & so on
my query is: can the mother will be able to evacuate the house from wife & if we go to court how strong our case rests? pl suggest us that how it is going to be....what can be our or lawyer's approach in this case?All suggestions will be highly welcomed.
Jayant Aggarwal
27 February 2017 at 23:25
Dear legal luminaries, I have given token to owner and Now I can't move into house due to some family problems. Owner is refusing to payback Token amount. is there anything that can be done? Any help will be highly appreciated. The refusal time is one day. I paid the token at 26 Feb 2017 - 7:00 PM and informed him to return the amount at 27 Feb 2017 - 10:00 AM Kindly help.
I am just a student and barely adle to ends meet.
Amount of token: 4000
TR Madhavan
27 February 2017 at 14:39
Our block has a Flat Owners Welfare Association located in Hyderabad city. Ours a registered association with Registrar of Societies in 2003.
Q. 1. Do we have to inform the concerned registrar about election of office bearers every election takes place?
Q. 2. Do we have to renew the certificate of registration issued every year?
Q. 3. As per the bye-laws of the association its mentioned that, the resident flat owners are eligible to contest the election of Office Bearers post. In this connection,
a)if a flat owner keeps in flat vacant and resides in another place can he/she eligible to contest the election?
b) if a flat owner has rented out the flat registered in his/her name and resides in another flat owned be another person on rent, is he called as resident flat owner? is he eligible to contest the elections?
Q. 4. As per the records of the bank if there are different persons (President, Secretary & Treasurer) operating the account and different persons (President, Secretary & Treasurer) looking after the affairs of the association without informing the Bank. Which persons are legally valid persons to run the affairs of the association or conduct fresh elections, as per Bank records or the minutes records?
Q. 5. If the person as the records of the Bank mentioned as President, when he is not actually holding the President post as of this date, can he lodge a complaint to the bank to stop the withdrawals by other two persons Secretary & Treasurer who are presently holding the post, till he introduces the new office bearers get elected, because the present office bearers have not intimated the change of persons as office bearers of the association.
Hope I will get a detailed clarifications at the earliest from you experts.
jayantha
27 February 2017 at 07:07
In survey number'A' 2 brothers got share extent of 7.5 guntas each,in old pahanis the extent was correct, but now in present pahani extent is wrong,that is in one pahani its showing 5 guntas,and in other pahani its 10 guntas,
So i request a suggedtion how to update/correct the entry in pahani,
Wat are the possible ways i can change the extent in pahani
Thank u sir/madam
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regarding redevelopment.
Hello experts,
I have a query. Our 50 year society in Mumbai is undergoing redevelopment and now 1 tower is ready.
Our society is proposing turning the newly built tower into a new society with a new managing committee.
Is that permitted , as the tower is in our society premises only which has been redeveloped and there are more to go.
Thanks.