ADV-JEEVAN PATIL, MUMBAI
16 November 2016 at 18:51
Can builder incorporate clause in agreement not to sale flat for 5 years on possession? Is it legally admissible.
Satish kumar
15 November 2016 at 21:18
Dear Experts,
Kindly enlighten under which section notice is require to be given to Tenent in Eviction Suit or is notice really require before initiating eviction on any ground mention in Maharashta rent control Act . Both parties are from Mumbai
VINOD
15 November 2016 at 18:40
I and my wife purchased a flat in navi mumbai and nominated our only son for our respective shares in the society. In 2012 my wife died and my son was taken in as a member after applying as per appendix 15 and also furnishing documents like affidavit and indemnity bond. my son's name was put on the share certificate as a nominee member. I was told my son can become a joint owner only when we get a heirship certificate from the court. I applied for a heirhip certificate and got it from the court in both our names. during this period the commitee had changed. the new secretary says that name of the nominee should not appear on the share certificate hence this share certificate will have to be torn and a fresh one will be issued. going by bye law no 34 the society is bound to transfer the shares to nominee. i would like to know how the society can transfer the shares to the nominee unless they put the nominee's name on the share certificate. If the previous committee was right in its implementation what should be done now ?. A detailed procedure would be very helpful.
Mohammed Vaid
15 November 2016 at 15:14
Hello Sir,
I have taken a flat on Leave and License basis in which it was agreed between me and flat owner that I would pay Flat Owner 15 lacs Indian Rupees as Heavy Deposit, against which he would allow us to leave in his flat without any rent.
We did paper work but unfortunately stamp of Rs. 10 is affixed.
Now due to demonitization of 500 and 1000 rupees notes, the Flat Owner called me up and said that he is returning my 15 lacs Indian Rupees in defunct 500 and 1000 rupees notes. He further says that he wont be paying me in new legal currency at the end of my agreement period in April 2017. He stays in London, so we called him explaining the situation but he is adamant to this. We did telephone recording of call.
Can anyone please advice what should I do? I will be of nowhere if he dominates. He is a very powerful and rich man and saying that he would easily win case in court of law.
s
15 November 2016 at 15:11
Sir I am defend suit part in person and file 14 (5) jurisdiction application al so file written arguments, copy given to original plaintiff and other side adv. take two weeks time for submit his written arguments. is it correct to give this time to plaintiff adv. on jurisdiction point, whether I can amend my argument if require after other side submission. pls guide and help --- Regards -SONAL
jaspreet
14 November 2016 at 21:27
Please help me solve this preposition
The petitioner in a probate case examined an attesting witness to the will who was cross examined by the objecter. The evidence of the objecter has begun , the objecter wants to examine, as his own witness , the attesting witness to the will whom he had cross examined earlier. It is his case that the said attesting witness had on an earlier occasion deposed under pressure from the petitioner and now wants to give the correct statement.
The issue is : Whether the objecter can be permitted to examine as his own witness, the witness whom he had cross examined earlier.
What could be the arguments in favour of petitioner???
N can refer any judgement relating to it.
Nikhil
14 November 2016 at 16:17
Hello,
I am living in Sanpada Navi Mumbai (Cidco Flat). My father was expired in Nov. 2014. My mother is Nominee of the Flat. Society gives No Objection Certificate for transfer Flat. Then is there any requirement of hiership certificate to sell / Gift this Flat?
Narayan
13 November 2016 at 20:53
Dear Professional
Please note that I am going to file a defamation suit against a girl employee who is working with me .
Can my lawyer make a condition saying that no enquiry should be made in Office , if any enquiries done at office will be charged under condemn of court, and officers incharge will be charged under condemn of court
Anwaar Mohammed
13 November 2016 at 14:13
Hi
Kindly read fully and advise…..If I have missed something please ask
‘X’ Female , Muslim Aged about 85 years having 9 Children.
‘A’ Male aged about 50 years, 7th of 9 Children
‘B’ Female aged about 60 years, 3rd of 9 Children
2004 & 2010:
‘X’ lives with her husband in the 1st floor of the house measuring approx 900sqft consisting of G+2 Floors. X's Husband dies in 2004.Post the demise she continues to live the first floor and also visits and stays with her children periodically. ‘A’ resides in the 2nd floor of X's house all along with his wife and son.
2010 : Gift Settlement by ‘X’ in favour of all her children:
In the year 2010 ‘X’ executes hibba (Gift settlement) of the said property in favour of all her 9 children for which ‘A’ shown disagreement from the begining. Registration is not needed and it is valid under Muslim personal law.
2011:
‘A’ illegally takes ’X’ to register office to register the property to him alone and forces her by threatening that he will commit suicide for which ‘X’ and her children will be held responsible, fearing that, ‘X’ executes the settlement deed in favour of ‘A’ alone and registers the same.
2012:
Remaining children (3M+5F) filed a civil suit against ‘A’ and ‘X’ in the City civil court and it is pending till date.
Same year ‘X’ reports the suicide threat by ‘A’ to local police station and CSR for the same is issued, In the same complaint ‘X’ explains the true nature of ‘A’ and wrote how ‘A’ threatened and cheated her to execute settlement deed in A’s favour, after that ‘X’ continues to live with her remaining children.
2015:
“A” in the fear of loosing the case, takes home ‘X’ and again threatens her with dire consequences if she didn’t favour ‘A’. As she did not comply, A, his wife and his son, beats and throws ‘X’ on the road for which ‘X’ taken treatment in Government hospital, subsequently filed a complaint with the local police and also with the Assistant Commissioner as local police failed to take action and C.S.R for the same is provided. ‘X’ is rescued by one of her daughter “B”
2016:
Till July 2016 ‘X’ resides in B’s home. On April 7th 2016, “A” forcefully takes ‘X’ from B’s home by saying that he is sorry for the things he has done in the past and apologized to ‘X’ and begged her for a chance to correct himself. Believing his words ‘X’ went with him in half mind. After two months when enquired through some known persons about X’s well being, ‘A’ claimed that ‘X’ is not with him and he denies the April 7th 2016 incident. Her existence is still unknown.
Now:
On 5th July 2016 ‘B’ went personally to enquire about ‘X’ in house where ‘A’ resides (formerly X’s house which is pending adjudication). When enquired ‘A’ threatens ‘B’ that he will cut her foot if she sets her foot inside the house. Fearing that, she lodged a complaint with local police which they refused to take. So ‘B’ files complaint with Commissioner of Police on 3rd August 2016 for which no action has been taken till date. So ‘B’ files Habeus corpus petition in the High Court to find and produce ‘X’ in the court and to take lawful custody ‘X’.
‘X’ is basically very sensitive women and she loves all the children equally and agrees that what she had done is wrong(Registration in 2011)but ‘A’ used this for his personal gains. Even now she might favour ‘A’ because of his suicide drama.
If ‘X’ gives statement that she will stay with ‘A’, will the court allow her? Considering the complaints filed by ‘X’ against ‘A’ in 2012 and 2015, Because these complaint shows the Malicious intention of ‘A’.
My question is if ‘X’ gives statement favouring ‘A’ whether it is admissible in the court of law as she is 85 years ? if no please provide relevant cases
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Inheritance right in agricultural land in up
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