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amol   07 April 2022 at 21:52

Residential to commercial property

Respected Sir / Madam,
In partition suit of residential 2 property our(plaintiff) temp. injunction is accepted by honr. court. Opposite side 4 defendants who are brother of plaintiff.

But we come to know even after court order, one defendant has converted one residential property from residential to commercial property for commercial use and . We come to know when defendant installed commercial water connection.

Honr. court order in temp injunction is as below:

" Defendants are restrained by issuing temporary injunction from alienating or disposing of suit property or from creating any third party interest or restrained from constructing on suit property till the final adjudication of the suit "

What are the things covered under words "alienating", "disposing of suit property" and "creating any third party interest"?

Can above temp. injunction restraining order covers and restrict defendants from conversion of residential property to commercial by words "alienating", "disposing of suit property" and "creating any third party interest" ?

Which word in order is necessary in court order to restrict conversion of residential property to commercial?

Can I file another inunction application for this or only informing court is sufficient?

Kiran Nagarsheth   07 April 2022 at 12:53

Kjp in land records

What is full form of KJP and what is the imllication of KJP records

ritesh shah   06 April 2022 at 20:49

Prop tax & maint misallocated in 2 different sra societies

SRA rehab part = Society-A
Sra Salable part = Society-B

- both societies registered separately

- misallocation, prop tax goes in Society-A & registration details are found in Society-B



queries

1. Is resolution required to raise the bill ? Where bill was not raised by 1st committee of Society-B for 9 years (as property tax was not coming in Society-B, so were not aware about membership of the unit, so they assumed its part of the Society-A)

2. then is it required to pass resolution by Society-B , under this circumstance ?

3a. If a resolution passed | where there is only sign of chairman and three NON MEMBERS | is the resolution valid?
3b. and if no audits are done from past 15+ years is the resolution valid?

4. resolutions needs to be sent to the registrar / SRA to have its validation ?

5. Then if unsigned bills are so raised can be charged for interest ? such bills can b denied?

6a. can Society pass resolutions in AGM, for billing the legal fees to member on a case to case basis for notice received from member or on defaults?
6b. any provision in byelaws required?

I am ready to pay outstanding old maintenance, but society is forcefully charging interest and harassing for auditing accounts,

kindly let me as queried above regards to validity of bills and liability of interest..

kindly guide.
thanks and regards

Toni S. Sachdevani   06 April 2022 at 14:05

Order 37- summary suit

Facts:-
On the first date, when the suit (Registered by Office as Summary Suit) was placed before the Judge, she passed order of re-registering it as Ordinary Suit saying that it was not maintainable as Summary Suit and disposed of the Suit.

Query:-
What remedy is available to challenge the Order??

Thanks & Regards

CHANDER   05 April 2022 at 10:10

Society bye laws

Can society committee refuse to give Acknowledgement to letter and within how much time the have to revice it and reply

salamat   01 April 2022 at 11:07

Maintenance after merging of two society

Dear All,
There were two housing societies formed in span of 10 years as society 1 comprising of two wings A and B. And later society 2 of c wing on same piece and part of land with same cts no. In Mumbai. After few years both society decided to merge and form one society.
After the merger new society was formed as Society X.
As society 1 had many assets including FD and others where as society 2 had less assets as compared to society 1.
My queries are
1. Can maintenance of members of society 1 members be different from members of society 2 after merger. Maintenance excluding the part of property tax and or any other tax fixed like parking
2. Two different accounts maintained for soc 1 and soc 2 and are merged at end of year for filing returns
3 what will happen to FD and assets of both societies after merger. Will they be evenly distributed amongst all members of new society.
4 the extra income from mobile tower of soc 1 will be distributed among all members of new merged society or it can be used and kept for members of society 1 in new society
Please guide
Thanks

Env Coord   29 March 2022 at 22:47

Service of summons by plaintiff to opposite party

Hello Experts,

I am Decree Holder in a ongoing Summary Execution Case. Judge allowed my application to serve J.D. (opposite parties) copies of applications moved by me. My next hearing is on 21st April, 2022. My queries are as follows:-

1. If D.H. serves summons with copies of applications via registered post (A.D.) under Order V Rule 9A of CPC then is it necessary to file affidavit of service by D.H. ?

2. Is there any format in Code of Civil Procedure for affidavit of service of summons by Plaintiff or Decree Holder ? If yes which provision in First Schedule shall be referred to ?

3. Is it necessary to attached R.P.A.D. card or online postal report of delivery along with affidavit or only sworn affidavit is sufficient in order to qualify as good service of summons?

Awaiting expert advice.

Best Regards
VISHAL SAHA.
(D.H. in Regular E.P.)

Anonymous   29 March 2022 at 20:27

Demand for papers

Respected Experts,
my friend died 2 months ago, he had taken a Business loan of Rs 50 lakhs from bank of baroda, I was the guarantor for the said loan, now the bank is giving me notice to pay the pending loan amount of Rs. 20 Lakhs,
I visited the bank and demanded " A copy of the Business loan Agreement " the bank refused to give me a copy of the said agreement.
respected what can I do now?
should I demand papers through RTI or Send a legal Notice Demanding the papers through an Advocate.

Anonymous   27 March 2022 at 11:13

Gift deed

My father transfer his property to my brother through gift deed.

After sudden death of my brother, his wife want to sale the property & send my father to out of his house.

Can my father go to court & cancel gift deed ?

Anonymous   26 March 2022 at 20:40

Liability of paying claim amount in mvop cases

A person was hit by my car and suffered multiple fractures. IPC 338 was filed against me and currently the court case is still pending in court. I pleaded not guilty and requested for fair trial.

Now the injured and their family is not ready to settle the case (even though it was not my mistake and injured was walking in the middle of the road. Even took the injured to near by hospital and paid amount for first aid till their family comes).

Now the injured filed an MVOP case claiming huge amount from me and my insurer.

Now what should I do?
1. I have third party insurance coverage to my vehicle along with all valid documents.
2. If the court judgement is huge compensation, do I need to pay along with insurance company?
3. When the criminal case outcome is not yet decided, does the same trial happens in civil court.
4. If the outcome of criminal case is conviction, will I be sent to jail immediately.

Apologies for asking so many questions as I belong to middle class family and I am a high school teacher.