Mohan
05 April 2013 at 08:20
35 laks given to a builder as hand loan on trust in 2009 - no written loan agreement - over 3 yrs have passed - builder dilly-dallying - legal notice sent in jan 2011 -no reply. How do I recover? Is it limitation barred? Can Police help?
Experts pls help me -
PS: given by cheque only-
Asha Patwa
04 April 2013 at 23:05
Can Trustees of a Public Charity trust convert the trust property for commercial activities like shops/ shopping malls/shopping center ? Where someone can complain for the same? what are the basic trust laws in india ? What is the role/jurisdiction of the charity commissioner ?
Partha
04 April 2013 at 16:34
Hi,
There is a passage in front of our house which is marked as common passage in our property deed, and the same is mentioned as common passage in our neighbor's property deed.This common passage runs from East to West and our house is first on this.This passage linked to Municipal road at East side.
West side is dead lock.We all use this passage to link to municipal road.Now our neighbor recently asked us that they own this passage and I can not use this , this passage is not for our use.
I have file a civil case.
Can you please advise on this
Ashok Kuvadia
04 April 2013 at 11:36
MANDATORY TO ANNEXED G.B. RESOLUTION WITH DEVELOPMENT AGREEMENT :
(01) Dear Experts, In anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) Society created a fictitious bogus event that a General Body meeting was held on 30.03.2003 wherein it is resolved to grant Development Right to Developer. (Developer was on the post of Secretary of my Society, mean Secretary took Development Right for himself by fabricating documents. Pursuant to 30.03.2003 they prepared a consent letter dated 04.04.2003, wherein they forged my signature, Police obtain opinion that subject to confirmation with original document my signature is forged, then FIR & then Charge-Sheet filed against two office bearer including then Secretary/Developer).
(04) When I asked for the documents of Society firstly it was admittedly said on official letter head, Minutes & Resolutions are not prepared till 16.02.2004. Later on story is created that everything is LOST.
(05) Society executed Development Agreement on 17.06.2006 on the bases of event of said G.B. Resolution dated 30.03.2003. But did not Attached/Annexed Original or Certified or Xerox copy of that GB Resolution while executing Development Agreement.
(06) Further in the said Development Agreement it has mentioned that Developer is paying compensation to members in lieu of the members giving co-operation in all reasonable manner/and in lieu of hardship and inconvenience which will be suffered by the member during the course of further development.
BUT IT HAS NOT MENTIONED THAT MEMBERS ARE PAID FOR SELLING THEIR DEVELOPMENT RIGHTS. It has not mentioned what amount will be paid to members for their rights or at what amount members had sold their right to developer.
MY QUERY :
(a) Is it mandatory to Annexed/Exhibit the G.B. Resolution Original or Certified or Xerox copy with the Development Agreement ? If yes under which law ?
(b) Since G.B. Resolution is not annexed in Development Agreement, does it make Development Agreement illegal, null & void ? If yes under which law ?
(c) Since developer is paying compensation to members in lieu of hardship and inconvenience which will be suffered by the member during the course of further development. Can it be construed that in reality the Developer have actually never purchased Development Rights of other members and so the members had never sold their rights to Developer any time ?
(d) Can it be construed that Developer might have simply inform to members in purported/fictitious 30.03.2003 GB Resolution that he will pay compensation towards hardship that would be caused and you allow me (i.e.- Developer) to construct additional floors ?
(e) Is it mandatory that there should be mention of at what rate members had sold their rights and at what rate Developer had purchased member’s Development rights ?
(f) Paying some amount towards hardship that would be caused will be OK & LEGAL, Instead of purchasing Development rights ?
N.B.: Since I have kept my Query to limited issue only therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok.
bharat
04 April 2013 at 05:53
we have commercial rented property in old Delhi, Rent agreement was between Mutwali & three persons.
Now All the three have been expired .Now the Mutwali refuse to accept legal heirs as tenant though one of the legal heirs serve the notice to add name in tenancy right long back but he did not .
Now what would be status of rented property which belongs to Muslim family waqf.
could he ask the vacate the premises or we can contest the case to add our name as legal heirs.
aditya desai
04 April 2013 at 00:22
DEAR SIR,
THE UNDER WHICH SECTION ACT I CAN FILE PROPERTY CASE...AND THERE IS NO TIME LIMIT.. PLEASE...SIR..
aditya desai
03 April 2013 at 23:45
DEAR SIR,
CAN I FILE ANY CASE OF PROPERTY AFTER FIVE YEARS?WHAT SHOULD I DO IF I CROSS THE NOTICE PERIOD .?
IS THERE ANY TIME LIMIT TO FILE THE CASE..?
x
03 April 2013 at 23:34
Plaintiff after losing his case for grant of Specific Relief filed for appeal. Defendant has found that the Plaintiff has now sued the Main Witness(PW2) in the above case for forgery and misappropriation of funds in another case. PW2 had applied for Anticipatory Bail which was denied by the High Court and the Judgment is on the website of the High Court.
My question for the Panel is that is it possible in some way to enter the above Judgment into the Record.
Thanks in advance
aditya desai
03 April 2013 at 23:16
SAY ME THE UNDER WHICH SECTION ACT I CAN FILE PROPERTY CASE...AND THERE IS NO TIME LIMIT.. PLEASE...SIR..
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Limitation period in partition suit
Sir,
In a partition suit after passing preliminary decree there is a limitation period for filing final decree by metes and bound and further there is limitation for E.P. within 12 years from the date of final decree. In our judicial system there is advantage to get the proceedings prolonged on one pretext or the other by taking advantage of adjournments and holidays and court vacations.
There is ample scope for the losing litigant to play havoc with the case and drawing the case to be dismissed on the grounds of limitation period.
Knowing well the way court is conducted and staff hand in glove with the staff can easily manage to dodge off the case. In such situation what is the remedy for the common man who has reposed faith in the judiciary. How to handle the vexatious litigant. Is there any relief given to such party. Whether the party can enjoy his rightful share in the property.
What steps to be taken to pursue the case without prolonging the case. Please advise.
Thanking you,
MSN