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Amit   13 May 2024 at 06:10

Transfer of flat in a chs in mumbai

Two current committee members got the property transferred in their name from previous committee by submitting NOC from their siblings. Don't know if nominee was declared. No advertisement was published in any newspaper.

Now when they are in the committee they want a succession certificate to transfer flat.

Can their transfer be questioned and membership cancelled and asked to resign. One of them is the current chairman.

How can we verify what documents were provided for their transfer

a rastogi   11 May 2024 at 07:14

Ppf sbi cp act upto cc!

Respected All learned advicates,

Below are the point wise summary of the matter of PPF Account at SBI,

1. Open a ppf account at sbi at 2005.
2. Once for a year some 2008 not able to deposit Min Rs 500, due to which 2009 with penaltity made the account regular.
3. On 5.9.2022, i went to bank to deposit money re 4000. Bank denied stating irregular account and any debit/credit will not be after maturity i.e. 2020. Bank advised to close the account and invest in oher schemes.
4. On asking of statement on 5.9.2022, bank denied stating audit is going on.
5. Considering the fact that when no debit/credit will happen there is no mean to keep account, I given closure application based on several bank staff advises, on which
they closed the account and given the money.
6. On 7.9.2022 when i talked my CA regarding taxation, he asked to give statement then only taxation things can be decided.
7. Immediately i again vivited bank seeing the statement on 7.9.22, where they given statement, after getting same, i came to know that interest has been credited even after maturity year 2020.
8. Considering that further heavy money as interest will be credited into account if i have not given closure application, I immediately float the application to bank for reinstate account, so that future loss can be saved.
9. On asking question from bank, helpline, sbi-ho when bank staff denied for any credit why after maturiity interests has been credited, i got no answer from any channel.
10. I kept on asking why interest has been credited when u said nothing will be debit/credit in account, but they kept silent on this point and stating no interest on further deposit. In short asking for x and as they can't accept the mistake, so keep on stating y and ignoring x.
10. From researching on internet, I came to know that as per https://www.nsiindia.gov.in/(S(brblxhn5i255banxl3i0dk45))/InternalPage.aspx?Id_Pk=79 THE PUBLIC PROVIDENT FUND SCHEME, 1968 (9)(clarification 4) " As per proviso to Rule 9(3) the subscriber can retain his account after maturity without making any further deposits for any period without limit. For this purpose, it is not necessary to give option in writing. It is automatic. Form H has since been amended. The balance in the account will continue to earn interest at the normal rate applicable to PPF accounts. The subscriber can make one withdrawal in each financial year of any amount within the balance. Once the account is continued without deposits, for more than a year, the subscriber cannot opt again to continue the account with deposits for a block period of 5 years. " The account was continued and bank credited interest.
11. I raised same issue at different channel like SBI-HO, Ombudsman, Govt Executive all channel, all are keep on stating same.
12. I approached Consumer commission, where they dismiss the petition :
A. I didnt discussed that fact that complaint has received amount in petition even though I have attached full statement where clearly amount has been shown and closure of account cant be without receive the amount. Finally CC termed as supression of facts and considered as i complain with unclean hands.
B. At the time of recive of amount, I didnt accepted amount with protest, i.e. right of complainant to sue cases and privity of contract comes to an end when complainant collected the amount.When there is no contract exist between then , the question og initiating legal action under the same cause of action is not permissible.When no right and cause of action to sue op consequent by he has no locus-standy to file present complaint.

13. My point is no where our ground has been answered by bank or even mentined into order of cc.
My points were :
(i) Misleading information by bank that no debit/credit will happen after maturity but in two consequtive years interest has been credited.All are totally silent on this point branch, ho, govt executive, onbudsman, now cc too is nowhere answereing the fact even mentined in order passed.
(ii) Not providing account statement on demand on 5.9.2022.
I have not demanded any interest on the deposit done after maturity but whatever the amount were before same that deserve the interest as account is automatically extended by bannk as credting intrest after maturity without any closure.
(iii) Based on misleading information i.e. via provoking and pushing for closure by misleading advice i received money, when i am in bank, i will take the provided information is correct but that was wrong the same is commitment given by the bank. Hence taking acceptance based on misleading information and hiding account statement by no providing even on demand is clear cut case of deficiency of service. But neither anyone answered nor even Consumer Commission has given any reference in order.

Kindly hely by advising on the what next steps i may take further to save loss which i beared due to misleading information from bank.

Thanks & Regards.
A Rastogi

Dr Sunny MP .   10 May 2024 at 09:03

Clarity on injunction

Greetings!

Please accept my heartfelt thanks to all those members of this forum in helping/guiding/clarifying my previous questions which indeed helped me in filing for an injunction.

Basis your guidance I have already filed an injunction in the sessions court to protect my property from trespassers on April 24, 2024. I am little confused with the findings as appearing on the online status . I seek your help for my understanding of the meaning:

1) Status says "SUMMONS FOR DISPOSAL OF SUIT" (Please help with the meaning)
2) Does it mean that my suit is rejected!
3) Will I stand any chance of getting an INJUNCTION !

Thank you in anticipation.

Warm regards,
Dr Sunny MP

Avinash Kumar   09 May 2024 at 20:59

Water seepage from top floor

Water seeps into the ceiling of my kitchen, bathroom and bedroom ceiling. The owner of the flat above mine is not doing anything to fix this seepage. Association is not helping me in getting the leakage fixed. What can I do?

Amit   09 May 2024 at 17:00

Transfer of shares in a chs - sale certificate unrgistered

I have bought a property in an auction located in Maharashtra.
The bank has issued a Sale Certificate for the same.
Since this is an instrument that does not necessarily need registration I have not registered the same.
Can the society transfer the shares of the flat in my name?
Please guide

rathod murtza   08 May 2024 at 16:30

Order 13 rule 10

I firstly applied to bhuj area development authority for give certified copies of document under their power but authority refused to it . so there no options then I apply application under order 13 rule 10 CPC for summons the Bhuj area development authority for production of documents. But civil judge rejects it on ground that it is your problems to receive certified copies from authority , if authority refused it give then it also your problem. How can filed that document. Can I apply miscellaneous appeal?

NAGARAJ   05 May 2024 at 06:19

Appointment of court commissioner

DEAR SIR,
Specific performance suit decreed in my favour... Now I have filed execution petition.... Jdr not come forward to execute the sale deed... Now I need to file application for appointment of court commissioner before the court.to execute a sale deed in my favour. kindly let me know the proper provision under CPC..
THANKING YOU

Manju   02 May 2024 at 18:56

Provision for appointment of court commissioner in execution

Dear Sir,
Kindly let me know the proper cpc provision for appointment of court commissioner in execution proceedings to execute a sale deed in favor of Decree Holder in a specific performance suit.

brsasireddy   29 April 2024 at 11:13

Ancestral vs self acquired

Good Morning all,

Question for all the experts and please help me to understand.

It was an ancestral property inherited for generations. Four brothers (lets say Brother A, B C D).

In year 2007 they made registered partition deed in the family. Brother B got 3.67 Acres of land via partition deed. Now the bother B has possession of 3.67 Acres.

Brother B has 2 daughters and 1 Son, all are major.

In year 2011 (Bother B still alive). B made registered Partition Deed among the kids. He gave 2.67 Acres to his son and half acres to each of his daughters. Now his son (lets say X) has 2.67 acres in his possession.


Now X has 5 kids (4 daughters and 1 son all are major), he want to sell his 2.67 acres and two of his daughters not ready.

Since it ceases the ancestral nature in 2007. I believe it become self acquired property of X.

Questions:

1. Is this Self acquired property of X as he got thru the partition?
2. Can he (X) sell the property without his daughters consent?.

Please provide your opinion.

Thanks
Shashi

Dharshan   27 April 2024 at 22:08

Schedule is wrong in poa and sale deed.

Hello Sir,

Power of attorney was executed in year 1997 and schedule measurement mentioned is 1800 SqFt and in sale deed it mentioned is 1200 SqFt. Now attorney holder is dead.

will the sale deed will be vaild or defect. pl advice