Fawaz Mujahed
26 October 2019 at 13:05
How do we apply clause 12.3 of the fidic 1999 with example
Mugdha
24 October 2019 at 09:07
Hi,
I seek advice on the following:
My father had constructed a Kali temple in collaboration with a few other people in 2000. There was a trust committee formed which had 4-5 trustees. My father was the president for this committee. There was also a bank account opened in the name of this trust. The signing authorities of this bank account were my father and another person. The paperwork and bank account was managed by my father's accountant. My father passed away in 2016 and so it was decided that my mother would be appointed the president (since none of the trustees is now interested in managing or taking any responsibility). This was written and signed on plain paper (no stamp paper or anything).
Beginning of this year, the accountant handed over all paperwork stating he no longer wanted to manage this. Once we got the bank account papers, we realised that the bank account has been dormant since 2016. I submitted fresh KYC to activate the account but we still can't access the money coz the bank says that the other signatory is required and also since it's a trust account, the trust president-ship needs to be legally transferred to my mother and then she can access the account and the money.
My query is,
1. We want to dissolve the trust so that this problem does not arise again once my mother is no more. What is the procedure for dissolution?
2. How can we have access to the bank account money? It is needed for the repairs and maintenance of the temple and right now we're running short. Will the dissolution of the trust make it easy?
I hope I've provided enough information for you to guide me :) please do let me know if you need more information. Thank you!
Anonymous
23 October 2019 at 21:06
A property/ piece of land was in minor person's (Rahul) name (age 17 yrs) and the father (along with another person) is one of the witness (1e) in the deed. Of-course the sale deed was executed without the district court's prior permission. The minor who is a major now (age - 38 years), want to claim the stake in the same property/ land. In the sale deed it is mentioned as the minor as 19 years (while he was 17 years).
Questions:
1) What are the rights of the person (Rahul) if he claims stake in the property?
2) As the father is the witness, what does the law say as the father has identified/ witnessed (on agreeing that the seller is above 18 years...!!)?
3) What are the other sections critical points for Rahul to take care if the case is filed?
Thanks,
Sushant Kumar.
nagarathinam
23 October 2019 at 16:51
If the father is deceased and his son is liable for his debts, which of the following sections under law?
Vishnu
23 October 2019 at 00:16
Hi order not to disturb his peaceful possession of the land. Now he is trying to sell the land by entering into sale agreement with local realtor and trying to sell plots by laying venture in this land without letting us know. Also they are selling plots on paper secretly without erecting any stones in the land. My lawyer says we cannot complain against him until he sells land and registers it on a third party name against the court order we got not to sell the land. Kindly let me know your thoughts on what course of action can we take to stop him from seller land and remove him from possession if land.
Thanking you for your time and advise.
Raghav,
9177766336
Nikhil chaudhary
22 October 2019 at 20:45
i have got my answer.........
Anonymous
22 October 2019 at 20:34
In otherwise untenable civil suit filed in 2005, plaintiffs had obtained stay in 2006, my previous lawyer hired by late poa and co-defendant never informed of stay purposefully so that Staub is not challenged.
2005 filed કેસ comes on board in 2014, my x lawyer never informs me of ongoing case, in 2015 he writes to me that I have violated the stay. Property already sold in 2009.
After altercation lawyer tells me case is soft and he will see me through but in 2016 when plaintiffs file contempt application and as plaintiffs evidence ends and court gives "hearing " my lawyer ditches me.
I hire new lawyer, I am at distant place.
My lawyer told me he will call me when required. He has not called me to date, it has been two years since hearing stage. Neither side lawyer attending court.
Plaintiffs had lied that they had the possession of suit, which got exposed as property sold in 2009 and plaintiffs unaware till 2014 and file breach of status quo application in 2016.
Online status shows business done "S ".
No notice given to me by court.
I once personally attended the court and told Judge that I was never informed of stay. He said come with your lawyer.
Lawyer says not necessary.
Both lawyers absenting.court not giving any judgement.
Please advise. Can Court sit on contempt applications / breach of status quo application so long.
KD
21 October 2019 at 16:39
I have let out a shop to a partnership concern. Now I have come to know that a few partners have retired and a new partner has been added in the partnership concern that too without my knoiwledge and permission. Can I get my shop vacated on this ground. Does change in partnership amount to subletting/parting possession ?
pradeep kumar lalwani
20 October 2019 at 21:25
Order 7 rule 11 B and c vad ka mulyankan yadi kam Kiya gaya ho Tu dava nirast Kiya Gaya hai jabki kanoon nyayalay samay deta hai koi jabki court stamp duty bharane ke liye samay deti hai koi ruling ho to please bataen
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Registration of sale agreement
My aunt had purchased a flat in 1990 at Vasai.
She had not registered the purchase/sale agreement as she wasn't very savy about such matters and usd to suffer from bouts of depression.
She had given a Power of Attorney to one person (not related to her) in 2007 to sell the flat but this POA also was not registered only notarised.
This POA holder created a forged sale agreement in his favour in 2009.
He died one month later
One year later his wife got that forged agreement registered and paid stamp duty claiming the my aunt was not traceable
She staked a claim on the flat on the basis of this agreement from the Society but the Secretary sensing something fishy called upon my aunt who as staying with her sister at Metro.
Meanwhile this wife off the forgerer made a complaint to the Dy. Registrar to enforce transfer but we intervened and the complaint was dismissed where the Dy. Registrar ruled that he doesn't have authority to direct the Society in view of our intervention and she not having any heirship document.
Subsequently this woman quietly gets a heirship certificate without making my aunt party to the application.
My aunt filed RCS in 2015 to have the forged agreement cancelled. The RCS was filed by me as her CA under a registered POA
During umpteen adjournments my aunt finally died in 2018.
Now th matter has come for final hearing where the advocate of the woman claims that the flat did not belong to my aunt as she had not registered the same.
I understand that registration was made mandatory in 1994 vide a Circular dated 18-02-1994 by the Dept. of Cooperation.
Can anyone help me get a copy of this circular.
PS: My aunt was staying with her handicapped sister far from this flat and hence was not frequenting the same due to her age and distance. She was 82 when she passed away in Feb 2018.
Darius Engineer