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

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amol   27 March 2013 at 14:25

Redevelopment

May i know the procedure for mortgaging the plot belonged to MHADA for obtaining the loan from bank ?

Can a plot belong to mhada kept as a mortgage by a developer under redevelopment scheme for obtaining loan from bank ?

If a plot belonged to MHADA is kept under mortgage by a developer for obtaining loan from bank without NOC or permission from MHADA when what action can be taken by MHADA or any other pserson against the said malafide act of the developer and bank officials ? under which provisions of Law act action can be taken against the suspects pls provide me the aforesaid information

and judgement if any passed by SC or HC in that regards

thanks Sir

dhamal   27 March 2013 at 11:50

Didnt receive the imported modular kitchen, as per the order.

Hi respected lawyers,

I had bought a modular kitchen from a vendor in August 2012 for 3.5 Lakh. The kitchen was to be imported from Italy and according to the agreement signed, it was supposed to be delivered to me within 120 days. I finally received the kitchen in end of March 2013 , i.e 7 months (210 days) after paying them in full. To my surprise the colour of the kitchen is not the one that I had finally agreed to in the agreement signed. And also the finish quality is the cheaper one, whereas I had opted for the higher quality. I have all the details on colour, quantity and finish quality included in the agreement signed. My question is, what should I do now ? I am going to ask the vendor to pay heavy compensation. But in case, if the vendor is not willing to pay the compensation amount that I ask for, what should I do ?

Requesting all to please help me.

choudary   27 March 2013 at 11:29

Query on succession act

My grand fathers distant relative(cousin brother, but elder to him by 15years) did not have children. So asked my grand father to look after him and his properties but he did not adopt my grand father. At the age of 72 (My grand father's cousin) when his health got upset, he got a WILL registered.He has divided the WILL into 6 sections(A-F).
A is for his wife
B is for the elder son of my Grand father
C is for my father
D is for the younger son of my grand father
E is for my grand father
F is for the daughter of my grand father
He has passed away at the age of 74.
He has given full rights to his wife on the properties mentioned under section A. but for the sections(B,C,D,E) he has given life interest for himself ,his wife and after their death the respective person would get the property without having the power to sell or transfer.but the heirs(next generation) will get the property with full rights.But the problem here is my grand father and his younger son(he is married but his wife got married to a different person after his death and he doesnt have kids) passed away before the life interest of the testators wife.
So now who will get the rights on the property given to my grand father and his younger son since they have passed away before the person holding life interest?
As per the Hindu Succession Act section 14(2), if a female possess a property under a WILL she cant be the ultimate owner.but the testators wife alenated the property to the elder son of my grandfather.
who will get the rights on the property? is it testators wife or the legal heirs of my grand father and his younger son?

can we treat this as a conditional will?

The absolute rights for the property under section D of the will is given to the heirs of my grand fathers younger son.But he has passed away with out having class 1 heirs.Since the life interest holder of the property is alive and testator is her husband.will she get the absolute rights on the property? but he has never mentioned that property would be returned if any beneficiary passes away.

Thanks in advance

Ranjan   27 March 2013 at 09:55

Court fees.

Q1. In a suit for partition,cancellation of document, injunction, recovery of possession, declaration and other consequential reliefs,does the plaintiff has to segregate all his reliefs and accordingly mention the court fees for each reliefs claimed by him?

Q2. If the plaintiff has stated a lump-sum amount for the purpose of jurisdiction and court fees, later on can he segregate the reliefs and accordingly state the court fees by way of an amendment of plaint under order VI Rule 17 read with Section 151 of the C.P.C., 1908?

Please provide me with appropriate judgements for the answers to the above questions.

SANDEEP   27 March 2013 at 09:42

Leasing a adivasi property

CAN I USE A LEASED ADIVASI LAND TO FORM A HOTEL OR START A BUSINESS AS BAR AND REASTAURANT..IS THERE ANY PROBLEM??????/

SANDEEP   27 March 2013 at 08:55

Getting the shares duplicate..

IF THE PURCHASED SHARES ARE LOST BEFORE TRANSFERRING IN THE NAME HOW TO GET IT DUPLICATE FROM THE COMPANY?
HERE THE CERTIFICATE ALONG WITH THE TRANSFERRED DULY FILLED IS LOST IN TRANSIT...

mohammed imtiaz   26 March 2013 at 23:49

Please help

Respected sir,

My uncle are planing to sell the house to the third party .As the house is register in the name of my father from the housing board in the year 1982.For which they already file the partition suit in the civil court in the year 2008.
We have already take the not to alienate order from the civil court in the same partition case.
inspite of that also he trying to sell the house to some of the local rowdies.
Please suggest me the precautionary step which i have to take so that i can void the further litigation.

Thank and regards
imtiaz

Rajendra   26 March 2013 at 22:55

Recovery of money in good faith from known person

I have given a sum of Rs. 1,50,000/- (Rupees One Lac Fifth Thousand Only) by account payee cheque to one kwon person on 01/03/2013 with a verbal promise to return it back within a week time; he then deposited the same in to his bank account and amount was debited from bank account on 04/03/2013.

As per his verbal commitment he was to return it back on or before 08/03/2013; but he failed to do so; he then keep on promising that in a day two he will rerun the fund, I have some sms confirmation too. Now he is not reverting to my calls and sms. In this case how to proceed for the recovery? And how to keep record of all sms sent to him and received from in blackberry device.

Thanking you in anticipation,

RAJENDRA PATEL

mrgop   26 March 2013 at 22:32

Mother obtaining injunction restraining son from entering into house.

Can mother obtain civil injunction restraining her son, who is living in same house till date,from entering into house of which the title deed is in her own name?

She has been suffering a lot due to his mental/physical cruelties but don't want to go through DV/Criminal path.

If its possible to get civil injunction, can she approach the police to get the injunction order executed by force?

The property was bought by her and the title deed is also in her name. She is paying the tax last 30 yrs. She don't have any other property.

But, if the son contest the case claiming any right on that property, just to continue living in house and trouble her, can she get temporary injunction restraining his entry during the pendency of the case?

prakash   26 March 2013 at 17:37

Paritition decree

Dear sir
9 months back my father(Ramappa) and his brother Hanumappa owner of the land .filed a partition suite. now the judge sir have called for evidence,Ramappa is undergoing Dialysis in Banglore.its very difficult to travel 300km,we wil our best for taking Ramappa for evidence,but if he not able to attend what is the other option,Hunumappa health condition is good,Nagappa the last brother so far not kept any lawyer.to defend.still hoe many months the case is get closed.plz advise.
regards
prakash