Chandrakant Mody
05 February 2014 at 13:14
We are the land lord of the Building since 1949 and one flat out of whcih we have given on rent in the year of 1988 for the residential purpose but the tenent is using the same as commercial activity without land lord consent can he run the activity of such without land lord permission
Mohan R
05 February 2014 at 11:46
Experts/Sirs,
While preferring an appeal before the Sr. Civil judge, in case of cost applied (due to misunderstanding which caused adjournment) is not waived of by the civil judge, please tell me the TIME/PERIOD in which such appeal should be filed under Order XL1 before the Sr. civil judge.???
AMIT KUMAR SHARMA
05 February 2014 at 09:40
Dear Sir,
I have been enrolled in the state bar council in 2013 and getting some cases to file before the civil court.
Can I fight case after enrolled with state bar council with out pass exam of Bar Council of India if I have done LL.b in 20013?
Kindly advise me.
Thanks & regards
Kalyan Ghosh
05 February 2014 at 06:49
Respected Sir,
 I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth monthly service charge will be according to size in sq ft .As my flat is the highest sized flat obviously I have to pay maxm. .Considering the previous method as there are 10 members each member had to pay 10% of total maintenance cost per month.As per the new method I have now to pay 20%of the total cost .
          My problem is that if the new method is restricted to the monthly charge only then it is not much of a problem,ALTHOUGH THERE IS A QUESTION MARK CONSIDERING MY POINTS STATED BELOW.But the thing is that for any future Capital Maintenance like total painting of the external walls of the building ,roof repairing etc(WHICH ARE A COMMON THING FOR ALL IRRESPECTIVE OF THE SIZE OF AN INDIVIDUAL FLAT) in each case I have to pay more.More precisely if the repair cost is (say)rs 6 Lakhs then I have to pay Rs 120000,whereas others may have to pay only Rs 30000.
        MY POINTS
 This monthly maintenance is only restricted to paying salary of the caretaker/salary of the sweeper /running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS IN NO WAY CONNECTED TO THE FLAT SIZE.There is no difference in the service rendered between a higher sized flat and a lower sized flat .NO SERVICE IS RENDERED IN THE ORIGINAL INDIVIDUAL FLAT AREA.
        PLEASE GIVE YOUR VALUED OPINION WHETHER I HAVE ANY POINTS TO STATE.Frankly speaking I am a retired person ,but I do not want do anything which does not follow any legality..Only concerned rules may help me ,if there is any such.
                              With thanks
Rakesh
05 February 2014 at 00:45
Hi I am from Mumbai, I have purchased my flat in 2009 and builder gave possession in 2010 Nov (one year after mentioned date in the agreement) that too without OC. OC came in April 2011. In the agreement he has promised Gym and swimming pool and for that he had taken 180,000 as membership fees from all 68 flat owners. He delivered unfurnished Gym which we( members of the building) has finished by putting extra money, till date he has not delivered swimming pool, now the hand over of the society has been done in May 2013 and now its registered society, and committee has been elected , addition to that there is no fire fighting system in place and its a high rise building. Chairman and Secretary is in favour of scrapping down the swimming pool(half constructed) structure and 2 committee members are against that, all of us have paid 180,000 for this swimming pool,and most of us has bought flats in this building considering that there is a swimming pool , builder is not bothered as chairman and secretary has some kind of soft corner for the builder and it seems they are protecting builder by not going to consumer court or filing any complaint against the builder for violating fire safety norms, and coming with a proposal of demolishing the half constructed swimming pool and asking everyone to put some extra money for finishing of the pending job which builder has not completed .Now What is the choice for us members? its clearly mention in the agreement about swimming pool, amount has been taken by the cheque and its also in BMC approved plan. Please guide with expertise. Thank you.
Shashank Mehta
04 February 2014 at 23:20
Dear Sir,
I am one of the legal heir in a partnership firm. The partnership firm consists of 4 partners i.e. A, B, C & D. Partner B expired in 1993. I am daughter of partner B.
Now partner B have in all 3 legal heirs, out of which 1 of the legal heir named X is involved in the business by mutual understanding between the other 3 partners. Till now the partnership deed of the firm is in the existing circumstances without any addition/omission.
The share of profit of partner B in the firm is wholly taken by X and also X became an Associate Member in firm without informing other legal heirs of partner B.
As one of the legal heir can I ask for the share of profit of partner B from the date partner B expired? Should the share of profit of partner B be divided among all the legal heirs of partner B?
If yes, from where can I get the records of Income Tax returns filed for past 20 years so I can fight for my share of profit accordingly?
Does partnership firm covered under RTI act? Can I ask Income Tax department to provide me the Income Tax return submitted by the firm as I am one of the legal heir?
I would be very thankful for all your advices.
Gyanender Singh Malik
04 February 2014 at 21:49
How much is to be paid as court fee for defamation suit of one crore in Gujarat?. If it is to be filed in Delhi what will be court fee required?
Mohan R
04 February 2014 at 21:19
Dear experts,
I hv an injunction suit (on property )pending wherein terms of settlement have been drawn out between me (plaintiff) and defendant and they are pending compliance. With change of presiding officer (civil judge only), a misunderstanding causing adjournment arose because of which cost was imposed on me for which I hv already given my application u/s 151 of cpc for waiving it since my grounds are justified. If it is allowed then ok, but if my application is dismissed, then do I
Question 1) AppeaL before ADJ or DJ
Question 2) Under which provision of cpc do I appeal
Question 3) Any other option I have
Question 4) How much is allowed to appeal as per cpc.
Please give your expert advice .
Thank you
GANGAM.RAJENDER.
04 February 2014 at 20:45
the case has been registered in the year 2004 for title declaration and permanent injunction which was compromised by the parties in the year 2013.the suit land is ancestral property .
the said land was registered in the year 1965 to joint holders who are died and which was not mutated in the records after 11 years only one of purchaser name was mutated.now the legal hairs of the purchasers had filed the case against witness and son of witness who are the seller's son(RESPONDENT1) and grand son(RESPONDENT2) .IN THIS CASE JOINT PURCHASERS , SELLER AND WITNESS ARE DIED EXCEPT ONE WITNESS (i.e RESPONDENT1).
Q1.IN THE YEAR 2002 THE RESPONDENT1 ALONG WHITH HIS FOUR CHILDREN MADE AN AGREEMENT TO THE THIRD PARTY "POSSESSORY AGREEMENT OF SALE" WHICH WAS NOT REGISTERED AS THEY DOES NOT KNOW THE FACT OF REGISTERED SALE DEED EXECUTED IN THE YEAR 1965 BY THE FATHER OF RESPONDENT1 AND AT THAT TIME RESPONDENT1 IS THE MINOR (RESPONDENT1 IS THE WITNESS )AND THEY GOT PATTADAR PASSBOOK IN THE YEAR 2001 AND PART OF THE SUIT LAND MUTATED AFTER THE DEATH OF THE FATHER OF RESPONDENT1.
Q1. THE THIRD PARTY HAS ANY RIGHT TO FILE THE SPECIFIC PERFORMANCE FOR REGISTER THE SUIT LAND IN FAVOUR OF THE THIRD PARTY AFTER LONG TIME WHO ARE NOT THE PARTIES IN THE PREVIOUS CASE IN THE YEAR 2004 WHICH WAS COMPROMISED IN THE LOKADALAT .
Q2.AT PRESENT WHAT LEGAL STEPS HAVE TO BE TAKEN BY THE THIRD PARTY.
PLS GIVE ME THE SUGGESTION .
THANK YOU SIR.
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Sale of open car parking in builder's societies
There was a Supreme Court Judgement in the year 2010 in which it was stated that the builders cannot sale open car parking spaces in builder's societies.
What is the present status? Is there any
further ruling by SC on this matter?
Please update on this issue.