Prakash S. B.
17 October 2013 at 12:14
Sir,
A Housing Co-op. Society in Mumbai is not complying with the Co-op. Housing Societies Buildings Redevelopment Directives of the Government of Maharashtra, Co-operation, Marketing and Textile Department, issued by its Circular dated 3rd January, 2009, bearing No. CHS 2007/CR554/14-C under Section 79A of the MCS Act, 1960.
My query is whether the said Directives are mandatory in nature?
prakash vka
17 October 2013 at 11:18
suit no 265/2008 for a sum of Rs 140000/-
the suit was decreed and order to pay a sum of Rs 140000/- to me The defendant was a state bank employ. After the order was pass the employ did not joint duty he was marked on leave without pay by the bank Manager of sbi
I filed an EP 127/2012 for holding his VARS benefits .In the month of jan 2013 he died due to heart attack .In EP 127/2012 the Munsiff of ottapalam passed an order to the bank Manager to deposit the balance amount due as service benefit of the defendant in the court .
1)At this stage the wife of the defendant who is the Addl Respondent Now she is going to high court for a for getting a stay order on the order of Munsiff regarding deposit of the money in the bank .What can I do now for over coming the stay
2) Will the stay do any harm for the money which I should get
3 The bank manager has gave an affidavit regarding the money due to the bank where he has stated that the defendant has take a loan of Rs 9000/- for computer,loan of Rs 187000/- from overdraft and Rs 132010 from the co-society . On verify I found that the society amount is written of via adding the share amount and Rs 33000/- given by the society on death of its member.
4)Can I challenge the a affidavit of the Manager .
5)Can I ask the high court to hear me on the case before giving a stay on the orders
manojkumar
17 October 2013 at 08:19
DEAR we have one disputed plot at haryana fatehabad ,dispute is that total plot was 2kanal 8 marla and owner sold one as 1-18 marla to any party and this party have been partition of their share then new khasra number has alotted on the place 236/2 as new 236/2/1/1 to new party and 236/2/1/2 to owner of old land this land sale to us as disputed land we when seen plot we found this the new owner 236/2/1/1 has covered our area of 236/2/1/2 this is a share of our right as per law pls advise me we what can do in this matter
senthil
17 October 2013 at 07:04
Hi Experts,
Please help me on this problem
Case Details:
A and B are sisters. "B" was frequently faced dowery problem from her husband.
In 1979 A and B entered into registered partition about their parent's properties.
As per the partition "they can enjoy the income from the property and only their children have rights to sell the property. ".
Due to dowery problem "B" left her husband and sent a legal notice for maintenance cost. But, she was not filed any divorce case.
After that she was missing for long term. Her husband got second marriage. His second wife also left him due to dowery problem..
In 1993, we filed a civil case to get rights for the properties of "B". As "B" was missing, her husband was added as a defendant in the case.
In 2001 the court given a judgement that "B is declared as Civil death and A is the only legal heir for the property".
B's husband was not appeared for the trial so it's given as an ex parte decree
Now in 2013 B's husband filed a civil case for the property rights with the following fake statements
1. "B" was died 3 months back and she was living with him only. So, Declared "B" as civil death is wrong.
(He was not removed her name from his ration card. By using that he got a fake death certificate from his corporation)
2. And he was not aware of the civil case which is filed on 1993
We have the certified copies of the 1993 civil case. We have the Summon and his vakalathanama copies. But he denied that he was not aware of that case.
My Queries:
1. Whether "Civil death" can be set aside by showing the name in the ration card and a death certificate. if he is telling the truth means,
why he was not came for the property rights when she was alive
He was not called any of her relatives for her death burial functions
There is no recent photo graphs
No voter id and any other id proofs
He is not answering for the above questions
2. Other than ration card is there any option to find out number of family members?. whether corporation or any government authorities maintains those records?
3. He having some influence in police department higher authorities. so, that i am hesitate to approach the police for this problem
dipak jain
16 October 2013 at 23:33
Sir
main government office ka tds ka work karata hoon . fy.2012-13 mein maine work ke paper maange lekin office walon ne kah diya ki jaldi de denge. march 2013 tak mere pass tds ke koi paper nahi aaye aur office walon ne mujhse bill le liya mene kaha tds ke paper de do jisase mein aapke office ka work complete kar submit kirceipt de doon. office walon ne kaha ki apana bill dedo paper april mein le lena. office walon ne bill ka payment kar diya lekin paper september mein diye work complet hone ke baad mujhe forgery notice de diya ki aapane bill ka payment pahale lekar work baad mein kiya hai isliye tds ki penalty ki liability aapaki banati hai. main kya karoon .pls help me .
vinodkumar
16 October 2013 at 21:13
IN ONE CIVIL SUIT,DEFANDENT NOT FILE HIS REPLY SO, CIVIL COURT GRANT EXPARTY STAY, ON STAY APPLICATION EXHIBIT 5, AND AFTER FRAME A ISSUE IN THIS MATTER, NOW THE MATER IS ON PLANTIFS EVIDENCE,NOW THE DEFANDENT WANT TO FILE A WRITEN STATEMENT OF THE SUIT, THEY CAN FILE IT ON THIS STAGE?, ANY CITATION FOR THIS SITUTATION? WHAT IS REMEDY FOR FILE W/S OF SUIT IN THIS MATER?
Umesh
16 October 2013 at 17:49
Two individuals have joint property in their individual names and they are partners vide unregistered partneship deed. Can this property be considered as partnership firm property. If not, how this property can be considered as partnership firm's property.
Kindly guide.
Deepak Nair
16 October 2013 at 14:57
Learned experts,
In this case, Mr. A paid Rs.5 lacs as advance for a house property. Entered into an agreement, whereby the balance amount of Rs.15 lacs to be given in 6 months time. The property is 1/3 of a bigger property which the vendor got through partition.
But, the deal cannot be concluded now, as the documents for clear title of the property is unavailable. Since the original document other than the registered partition deed is unavailable, the banks are not giving loans. Thus, the said Mr.A demanded the advance back. The agreement too says that, if the vendor fails to produce the necessary documents, the advance shall be returned in full. If the buyer walks out from the deal, then also the vendor shall return the amount after deduction of expenses incurred by him of any.
Now, the vendor says he is not in a position to refund the money and he needs time till March 2014. But, the agreement already entered for 6 months expires in November 2013.
in this circumstances, what can be done to safeguard the interest of Mr. A the purchaser?
Even though the vendor promises orally to return the money by march, is it advisable to make another agreement to that effect?? if yes then how??
Can I suggest them to make a deed of cancellation of the current agreement adding the points "vendor agrees to return money by march 2014" and "if he fails to refund, then purchaser can approach the court for recovery and attachment of the property"??
Kindly advise on the above.
Thanks
Deepak Nair
16 October 2013 at 14:50
Learned experts,
In this case, Mr. A paid Rs.5 lacs as advance for a house property. Entered into an agreement, whereby the balance amount of Rs.15 lacs to be given in 6 months time. The property is 1/3 of a bigger property which the vendor got through partition.
But, the deal cannot be concluded now, as the documents for clear title of the property is unavailable. Since the original document other than the registered partition deed is unavailable, the banks are not giving loans. Thus, the said Mr.A demanded the advance back. The agreement too says that, if the vendor fails to produce the necessary documents, the advance shall be returned in full. If the buyer walks out from the deal, then also the vendor shall return the amount after deduction of expenses incurred by him of any.
Now, the vendor says he is not in a position to refund the money and he needs time till March 2014. But, the agreement already entered for 6 months expires in November 2013.
in this circumstances, what can be done to safeguard the interest of Mr. A the purchaser?
Even though the vendor promises orally to return the money by march, is it advisable to make another agreement to that effect?? if yes then how??
Can I suggest them to make a deed of cancellation of the current agreement adding the points "vendor agrees to return money by march 2014" and "if he fails to refund, then purchaser can approach the court for recovery and attachment of the property"??
Kindly advise on the above.
Thanks
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Kootu patta and community domination
Sir,
My wife's grandfather bought a land (Survey NO.29) with 7 members with kootu patta and registered in his son's name. He expired without telling us this details. Now we have discovered this.We have document from 1959 and kootu paata. Total area is 1.98 Acres and we have .66 cents in this land.
Already 2 members have got individual patta and divided the land without any information to other 5 members. One person .92 cent and other .5 cent. Now we came to know this.
In the center of the land there is Survey number 30 which is used as burial ground for muslims.
Now they have buried bodies in patta land also. We fenced our area. The next day muslims came and argued with us stating we have blocked their way to burial ground. But we never did that and explained them they have clear passage. They then requested us to take one side of the fence and agreed to sit on discussion with Village chief so that we can produce our documents and they will produce their documents as one of the muslim member is among the 5 persons.
But the next day all of them joined together and removed all the fences without our knowledge and they are refusing to show their documents and they are saying they are planning to build mosque in that place and threatening us. Few members came to beat us.
I kindly request the experts to give their valuable suggestions.