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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Sadanand B. Panchal   11 October 2013 at 19:26

Is repealed the urban land (c & r) act, 1976 have retrospective effect under the general clauses ac

Respected Experts,
Section 19 of the Urban Land (C & R) Act, 1976 relates for the Chapter III of the Act not to apply for certain entities like Public Trusts, Banks, Co-operative Housing Societies.
Section 20 of the Urban Land (C & R) Act, 1976 relates for Power of the Government to exempt the vacant land from provisions of the Urban Land (C & R) Act, 1976.
In my area where I am residing, the Government without applying Section 20 granted exemption order directly under Section 19(1) (v) and declared that the Co-operative Housing Society was became the absolute owner holder of the land. No Scheme formulated. Developer supressed existence of other holders.While passing the order the Competent Authority overlooked existence of other holders other than the Co-operative Housing Society and exempted whole area of land from the said Act with the effect the Society is developing property by utilizing the quantum of TDR of whole land. The other holders excluded from the said development.
Kindly advice me whether Exemption order passed under Section 19(1) (v) of the Act by the Additional Collector, C.A. without passing order under Section 20 of the Act was wrong?
If it was wrong, can the said order (under Section 19 (1) (v)) be challenged under the provisions of present Repealed Urban Land (C & R)Act, 1976?
Regards,
Sadanand Panchal

ashok khare   11 October 2013 at 18:28

Society matter - decree

Sir,

Applicant Member.

The Hon'ble Co-Op Court gave order in our favour, directed Respondent Society to comply all 4 prayers.

But the Respondent complied only 2 prayers.

We filed an Application for Decree.

Now Decree got.

Please guide us, now what legal steps should be taken against the Respondent Society.

AMIT MISHRA   11 October 2013 at 14:19

House purchase

If I received part possession in a house against a unregistered agreement. Then for specific performance for agreement for sale can I need to pay stamp duty.

vaibhav jain   11 October 2013 at 13:38

Minority status

i am a jain i want to know the states in which jains are listed as minority.
Please help

Pardeep Kumar   11 October 2013 at 12:43

Ratification of grammatical errors in 1st appeal

R/sir
I filed an appeal which have some grammatical and spelling mistakes can court will allow me to ratify the same is there any provision in CPC regarding this

thanking you,

M Satyanarayana   11 October 2013 at 09:01

Partition suit for final decree

Sir,

My mother died intestate and the property was divided into 3 shares myself, my father and my sister. We filed final decree proceedings for metes and bonds and appointing advocate commission. My father died leaving a Registered Will in favour of my wife for his one third share. Now my wife wants to come on record in the final decree proceedings in place of my late father. Can she have a right to come on record and what is the procedure to bring her on record.

Kindly advise please.

Thanking you,
Regards

MSN

SUBHASH SHARMA   10 October 2013 at 20:48

Suit for recovery

ONE OF MY CLIENT AMIT PROPRIETOR OF M/S ABC CONTRACTOR GOT AN ORDER FOR EXECUTION OF CIVIL WORK (JOB WORK) AND SOME JOB ORDERS WERE RAISED BY THE CONTRACTEE XYZ FOR RS. 40 LACS.

OUT OF 40 LACS 15 LACS WAS OUTSTANDING WHICH WAS NOT PAID BY THE CONTRACTEE.

WHEN CONTRACT (ABC) APPROACHED TO CONTRACTEE (XYZ) TO MAKE THE PAYMENT.

CONTRACTEE(XYZ) REPLIED ORALLY THAT DUE TO FUND CRISES HE CAN NOT MAKE THE PAYMENT.

CONTRACTEE(XYZ) OFFERED A JOB TO AMIT TO WORK IN THE COMPANY AND ALSO ASSURED THAT THE OUTSTANDING PAYMENT WILL ALSO BE MADE VERY SOON.

AMIT STARTED WORKING WITH CONTRACTEE(XYZ) HE STOP FUNCTIONING HIS FIRM (ABC).

AFTER A FEW MONTHS CONTRACTEE(XYZ) EXPELLED AMIT FROM THE JOB ALLEGING FOUND INEFFICIENT IN THE JOB. ABOUT 5 LACS RS. IS OUTSTANDING TOWARDS SALARY.

NOW THERE ARE TWO OUTSTANDING 15 LACS TOWARDS CONTRACT AND RS. 5 LACS OUTSTANDING SALARY.

PLEAS SUGGEST WHAT TO DO.

Mohamed Ali   10 October 2013 at 17:41

Gift deed in muslim law

Our grandmother XYZ is inheriting some property from her mother ABC, She is entitle for 1/3 rd share in her mothers property which amounts to 19 Acres, But the issue here is the property in question is still in pendency in Final decree proceedings.which was decreed in 1960 in which our great grandmother is entitle for 1/17th share, further in 1/17th share our grandmother XYZ is entitle for 1/3 rd share which amounts to 6.55 acres of land.

Grandmother XYZ had 2 sons, and She wants to divide this undivided 6.55 Acres of property among uncle and orphaned grand children euqally.

In meanwhile her eldest is expired recently, now She wants to make a will /Gift deed that properties inherited by her which are Still pending in Suit No FDP /123.. must be equally divided among her surviving son and her grandchildrens.

The question here is the properties are not yet in physical possession of our grandmother,

Question: Can the undivided properties can be gifted as there is no physical possession of properties they are still in dispute only we know that our grand mother will get 6.55 acres out of 19 Acres of land which has to be eually divided i.e 3.275 acres to Uncle and 3.275 acres to oprhaned grandchildren. In what way it can be done. Can grandmother gift half of the property to orphaned grandchildren if there is no objection from uncle...

Thanks and Regards
Ali

T.R.Nagaraj   10 October 2013 at 16:36

Rights for property

We bought immovable property from a lady, who acquired it by way of a will from her father, through her GP of attorney. She has 3 sons and 4 daughters. She has given a portion of the property as a gift to one of her sons.The son who got a portion of the property as gift is also a signatory for the absolute sale deed.

Could you please let us know if any of the other sons or daughters (other than the absolute owner and the son who got a portion of the property as a gift) has any rights to claim additional money from the purchasers or has any rights to file a suit against the purchasers ?

To safe guard our interests we have got a Confirmation Deed made for the sale deeds.

Kindly let us have your comments.

Thanks and REgards,

TR Nagaraj.

Anonymous   10 October 2013 at 10:51

ratification of gramatical errors in the contents 1st appeal

R/sir
I filed an appeal which have some grammatical and spelling mistakes can court will allow me to ratify the same is there any provision in CPC regarding this.