vijay
29 June 2013 at 09:01
a person lost case in court of ancestral property despite having many govt. documents available to show the continuous transfer of property from 12 generations to legal heirs only because of not submitting documents before court ... what will be the effect on the other co- sharer and his sons right on property ..?
Roland Noronha
28 June 2013 at 23:29
Dear Sir,
A) During AGM/GM, we have passed a resolution stating that any negligence wastage of water may attract a penalty of Rs.500/=. We have situation here, that one of the members was carrying out the furnishing of his flat. The toilet tap broke and water was gushing out with heavy pressure. The labourers did not inform the watchman or any member of the society. The water was gushing out right from 9AM TILL 12 Noon. If the watchman was informed the watchman would have closed the main supply from terrace. Do we need permission from the registrar to levy the penalty – we have passed resolution which has been passed with majority.
B) The Son-in-law of the 83 years old member is carrying out the furnishing and he has broken the Iron Rods with grinder from the RCC Design/Structure. We have taken the broken iron rods in our custody. The son-in-law says this was done by the labourers in his absence and he will re-fix them. How he will re-fix them is unknown to us. When we questioned the labourers in front of 2/3 members of the society, watchman, chairman – the labourers made a statement that they advised him not to cut the iron rods but he insisted on cutting the iron rods saying he will take the responsibility and now blaming his labourers. What action we can take on him – the safety of 56 members and their families is top priority for us keeping in view so many building crumbling in Mumbai.
C) The Son-in-law has not placed any authority letter from his mother-in-law and/or POA to the Secretary. He carried out the activity without any information to the society. When questioned by the Secretary, he brought a letter signed by his 83 years old mother-in-law (Actual Member). That letter does not mention the name of her son-in-law - it just mentions that her family member is carrying out the job. NO copy of POA is also shown to us. As of today, No member of the Society or Managing Committee Member has either exchanged any verbal or written communication with the 83 years old member – we have not even seen her. They stay in the neighborhood building hardly 5 minutes from our building. Since few members have recognized this person we know he happens to be the Son-in-law of the member. Is it not mandatory to have an authority letter to carrying out such activity – now that illegal work has taken place i.e. breaking of Iron Rods from the RCC Design/Structure?
What is the remedy for this.
Grateful, guidance for the above 3 queries.
Rgds
Roland Noronha
Roland Noronha
28 June 2013 at 22:58
Dear Sir,
A) During AGM/GM, we have passed a resolution stating that any negligence wastage of water may attract a penalty of Rs.500/=. We have situation here, that one of the members was carrying out the furnishing of his flat. The toilet tap broke and water was gushing out with heavy pressure. The labourers did not inform the watchman or any member of the society. The water was gushing out right from 9AM TILL 12 Noon. If the watchman was informed the watchman would have closed the main supply from terrace. Do we need permission from the registrar to levy the penalty – we have passed resolution which has been passed with majority.
B) The Son-in-law of the 83 years old member is carrying out the furnishing and he has broken the Iron Rods with grinder from the RCC Design/Structure. We have taken the broken iron rods in our custody. The son-in-law says this was done by the labourers in his absence and he will re-fix them. How he will re-fix them is unknown to us. When we questioned the labourers in front of 2/3 members of the society, watchman, chairman – the labourers made a statement that they advised him not to cut the iron rods but he insisted on cutting the iron rods saying he will take the responsibility and now blaming his labourers. What action we can take on him – the safety of 56 members and their families is top priority for us keeping in view so many buildings crumbling in Mumbai.
C) The Son-in-law has not placed any authority letter from his mother-in-law and/or POA to the Secretary. He carried out the activity without any information to the society. When questioned by the Secretary, he brought a letter signed by his 83 years old mother-in-law (Actual Member). That letter does not mention the name of her son-in-law - it just mentions that her family member is carrying out the job. NO copy of POA is also shown to us. As of today, No member of the Society or Managing Committee Member has either exchanged any verbal or written communication with the 83 years old member – we have not even seen her. They stay in the neighborhood building hardly 5 minutes from our building. Since few members have recognized this person we know he happens to be the Son-in-law of the member. Is it not mandatory to have an authority letter to carrying out such activity – now that illegal work has taken place i.e. breaking of Iron Rods from the RCC Design/Structure?
What is the remedy for this.
Grateful, guidance for the above 3 queries.
Rgds
Roland Noronha
Kapil
28 June 2013 at 20:44
Relief , Cause of Action are different in the subsequent suite.Whether Subsequent suit can be stayed or not ?
Anonymous
28 June 2013 at 20:31
hi, as i have stated earlier that i have sold out a shop which was under tenancy since 1985. the buyer was not the same tenant. the electricity connection in the shop is from my name and i want to cut it because the billing is done using my name. now my question is that can i cut the connection or not? and i want to inform that the tenant is still there and the new owner also willing to end the tenancy and he also wants the same that the electricity should not provided to the tenants from my side.
sk..........
28 June 2013 at 20:27
In c.r.p in high court ,order is in favour of plaintiff ,now what the defendant can take next step. pl. advice
anish
28 June 2013 at 20:14
Sir
Apart from his own properties, my father during his life time acquired several immovable properties in my and my mother’s name but from our own funds. My father has expired. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL.
Now my brother has filed a suit in high court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with all properties. None of the properties are in his name. They are either in my name or in mother’s name.
A copy of suit plaint, Annexure, notice of motion etc. is sent to me as part of legal procedure. Though he has put many annexure with plaint or notice of motion they are not relevant and he has not filed any relevant supporting document which can establish his claim that any of property is joint family property.
Matter is in admission stage since 10 months and not reached board. Since we are not restrained by any court order to sale properties we negotiated with certain buyers about one property. My brother on knowing this approached prospective buyer and threatened him that since suit is filed he cannot buy this property. My brother’s lawyer also sent a notice to us and prospective buyer that to create third party right is illegal since suit is filled and thus harasses us by stalling our deal.
The matter has not reached board, there is no substance in his claim, no documentary evidence of any kind are put in suit about any of properties belonging to joint family ,there is no injunction from court. He is just doing this to blackmail us and extort money from us.
1) Is there any legal remedy for this?
2) Can we file any criminal complaint for his behavior? If so on what grounds we can make complain?
3) Is there a way out to restrain him from falsely frightening people in name of High court? When he says a suit is filed in high court naturally people will be scared. Is this not misusing name or authority of high court?
Sheryl Aggarwal
28 June 2013 at 18:32
If company has head office in delhi & registered office in Gurgaon . Where law suit can be filed against the company delhi or Gurgaon ?
RAJESH KUMAR
28 June 2013 at 17:52
A Industrial plot was allotted in the name of Amar Sing adopted son of Kalu Ram. Amar Singh formed a Pvt. Ltd. Co. whereby he himself hold 60% share and remaining 40% share are hold by Bhagwan Dass S/o Jaimal Singh.
Sh. Amar Singh has requested the Industrial Department for allowing permission for implementing the project by a company owned by him and his family members.
The terms & condition for implement the project of Industrial Policy is - “In case the allottee is a company and intends to implement the proposed project through its subsidiary company, such a request can be considered by the MD subject to the condition that the entire paid up capital of the subsidiary company is held by the allottee company and its shareholders/promoters Directors,. Similarly, implementation of project through holding company of the allottee company and their family members (spouse, son, daughter, parents, brothers, sisters, grand sons/sisters and their spouses) shall also be covered under this clause”.
[Sh. Amar Singh was born by Sh. Jaimal Singh and Smt. Sarla Devi, who are also natural parents of Sh. Bhagwan Dass but latter on in a family adoption Amar Singh was adopted by his real uncle Kalu Ram.]
Now the question arise that a). ‘Whether Sh. Amar Singh and Sh. Bhagwan Dass can be treated as real brother or not, in view of the adoption.’ b) Whether Amar Singh falls under the definition of family as prescribed under Industrial Policy. c) Can both are treated as family members as per Policy? d) Whether Sh. Amar Singh’s relations with his father Sh. Jaimal Singh was ceased from the date he was adopted by Kalu Ram?
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Partition suit
In a Partition suit, the plaintiff is withdrawing the suit ( and other claims after getting his share of flat);
Now, I have disputes with the other 2 brothers, but they are not willing to settle my claims.
Could you suggestion what precautions I should take at time of withdrawl, so that I can fight for balance rights, after getting share of flat.
Pls note that I am the only one who has given everything I have earned to these brothers.