Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mohd Maqsood   21 October 2015 at 23:40

Muslim law property shares

Sir,
A person (Muslim) died leaving behind his wife, 4 sons and 5 daughters , he had 30 acres land , now the 30 acres land is on his wife name, can a wife transfer 30 acres to his elder son thru gift deed , because elder son had performed marriage of 5 daughter and set up business for brother with his hard earn money , now mother want to give all 30 acres to elder son thru gift deed,

whether any of sister or brother can object or challanege he gift deed for their shares , it is valid or they also get shares plz advice

Member (Account Deleted)   21 October 2015 at 21:32

Consumer protection act- appeal to supreme court

If the petitioner looses case in NCDRC then what type of appeal he has to file in Supreme court. For example Review petition, civil appeal, SLP etc
Where can I get supreme court format for caveat filing since the online filing for caveat is still not activated
Where one can contact for legal aid for middle income group persons to defend the case in supreme court

jhansi   21 October 2015 at 20:25

Father is missing fir date cosideration

Respected Sir's
This is Jhansi from A village of Andhra Pradesh , i request you sir to please give the details for --(consideration date of FIR if a person is missing) .Sir As i mentioned i am from village ,my father gone missing from 2005 but we filed FIE in the year of 2010 [ resign - we from village first don't know the process, second fear of going to police station ]so sir i request you to please say , what is date of consideration for missing is it date of missing or date of FIR, please give me the details of any old cases like my case .thanking you sir.

praful   21 October 2015 at 10:14

Can housing society charge rs .100/per day fine

Dear Sir,



I'm residing in 1RK (7th floor Corner flat) in MHADA colony, Kandivli , Mumbai & have installed AC compressor on 2 brackets in grill outside the passage area ( Attached picture). In most of my nearby mhada buildings I have seen such kind of AC installation. There is no objection from my neighbour, no harm to building but our committee has issued a notice that " We have not taken permission from society and society don't allow anyone installing AC in grill outside the passage area, remove it within 7 days and place it in your window grill or Rs .100/- per day fine will be charged.



Please refer attached letter, wherein I have mentioned that I'm new owner here,I was not aware of the same, no one objected or given written information about rules and regulation of the society during the 3 months renovation/repair period. Removal of AC compressor will damage my wall as there is conciel wiring, I will suffer financial loss and asked them under which law/bye-law you are charging a fine of Rs. 100/- per day.



Even after follow-up they neither ready to give acknowledgement copy of my reply nor giving reply to my letter, Secretary said he can not sign n stamp my reply letter without chairman's signature and then he said committee not ready to give acknowledgement copy or reply. My family is very upset because of there such kind of behaviour of Managing committee and other committee members



Please let me know the following:-

1) Is there action is legal?

2) under which bye law they must have issued such notice & proposed a fine of Rs .100/- per day ?

3). Is society legally authorised to fine any amount? any limit?

4) Can Comitee modify minutes passed in AGM meeting for their ego?

5) Is Co-op housing society Comitee is above the Bye-law given by Maharashtra co-op society..

6) Can society pass any law as per their intention?

7) How can I save myself?



Your immediate reply/help will be highly appreciated.



Regards,

Praful

9167300056

raman kwatra   20 October 2015 at 19:16

Full & final settlement

Dear Sir
I had resigned from my post as General Manager in October,2014 and complete my One month notice as per my term of employment. But till date my employer had not settle my account. Please guide me how to get back my full & Final settlement. My employer is a Society register under the society act 1860
Regards
Raman Kwatra

Balaji Bakthavathsal   20 October 2015 at 16:17

Status of the case

A CRP for setting aside the ex-parte order was filed in the High Court for admission. A notice in this regard was sent by the advocate which tells that “The above application came up for admission on 15.10.2014. The Hon’ble Judge was pleased to order notice returnable by 3 weeks. Take notice and enter your appearance”.
Does that mean whether the CRP has been admitted or still pending for admission ? The CRP has been numbered and the Status of the case in the High Court Web Site shows as under :
Next / Final Date of Hearing : Thursday, October 16, 2014
Case Updated On : Thursday, January 08, 2015

Thirumalai Dasan K   20 October 2015 at 14:29

Residential assocation & office bearers as individual sued

Hi Experts

I am one among the 680 odd customer bought a flat in KGSC Phase I, consists 720 dwelling units, in Adayalampattu, Mogappair, Chennai 600 095.
The project got delayed and some like minded owners formed an association called KGSC Owners Welfare Association 10-9-2013 and got registered (437 / 2013 dated 3-10-2013). Because of the office bearers are held with their personal commitments, the activity was slowed down, as for as the discussion with the builder to expedite the pending works.
One more association formed in Apr 2015 and registered as KGSC Residential Social Welfare Association (165 / 2015)
As per the builder agreement, all the owners are members by default and the will form an association and introduce. We learnt the builder has registered an association called KGSC Owners Maintenance Association but no communication received till Aug 2015 by mail in the project status update, but not explicitly. First flat was given possession in June 2014. Till date nu AGM conducted as for as we know.

The owners, as a group meld meeting with the builder to impress upon them to expedite the pending works and rectify lacunas. Then KGSC RSWA held discussion with the builder for about 6 months on the project status and also protested with the builder against any violations like marking car parking in OSR area etc., and minutes of meetings circulated. The builder also sent out so many communications regarding status.
Resolutions passed by KGSC OWA and KGSC RSWA to merger and likely to be completed soon.
Even the builder asked us take charge one block begin with and KGSC RSWA advised the builder to complete the pending works before handing over.

KGSC RSWA conducted AGM on 13-9-2015 and minutes circulated including to the builder.
One of the points that the handing over to be done only with audit by a charted engineer to ensure free from any violations.
Even online support polling was conducted and more than 120 owners supported KGSC RSWA and for charted engineers audit.
Later KGSC RSWA found the car parking marking is not in line with norms and requested the builder to share any approved car parking drawing. Earlier KGSC RSWA demanded UDS Calculation, completion of club house and other amenities given in spec sheet. Failing to comply with all those, KGSC RSWA sent out a lawyer notice on 30-9-2015 to respond by 30-10-2015.

Now 8 office bearers of KGSC RSWA, KGSC RSWA and one more owner were served notice with OS Number, asking us to appear in person or thro’ counsel on 30-10-2015.

Only through this notice that we came to know the secretary. But still we don’t have any idea about the other office bearers.

But the secretary himself is a power of attorney to the builder and non resident owner. The bylaws say only a resident owner can become President and Secretary. Another clause says, signatory of MOA are the first office bearers. We have asked for MOA but still we have not received.

What are all the legal options available to us?

Thanks

Thirumalai Dasan K










DVR Kishore   20 October 2015 at 10:50

Mistake of professionals

Dear sir,
I found almost all the CA professionals doing mistake in calculating depreciation as per Companies ct 2013. In May or June I had forwarded the correct way to Board Of Studies and to Editors for publishing in ICAI students News Journal of July month. But no one has considered it. Recently I have forwarded that to selected people including MCA and IT Department. URL link for depreciation explanation is https://goo.gl/4ZjkHg . What are the consequences, I can expect ?

ckanta   20 October 2015 at 10:43

Execution of an award passed in case of cooperative bank before collector

Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.

I have taken a loan of 20000 from one of the Cooperative bank situated at delhi in year 2007 however due to finanacial crisis and unforseen conditions I was not able to pay the amount and society has taken exparte award against me.in year 2008. Now i am willing to pay the amount and contacted Ban officials they harasssed me and said that you have to pay 90000 if u want to settle the loan else we would file execution proceedings aainst you before ASSt Collector, Cooperative societies and Civil courts have no jurisdiction to interfere in it and we will not accept any amount less than 90000. I have contacted one lawyer he also suggest that there is no remedy as civil courts are debarred from Cooperative society dispute.So please help me with good lawyer who may help me in this or can we challenge that the amount is exceesive and unreasonable.Please help . Thanks in advance

akumar   20 October 2015 at 00:46

Stay order

Hi,
My uncle was living in a rented house from the last 20 years. In March, 2014 he had purchased their own flat and shifted there with their family. But they had not vacant their rented house and just lock the house and shift in their new flat. Their was no belonging of my uncle in that house, but they had possession of that house.

Inspite of regular calls of landlord to vacant the house and give him possession, my uncle refused him and paid their rent every month on time to landlord.

But Last week (when my uncle and his family was out of station for some family function) landlord, show to public that he has the possession of house and demolish the building to make a new kothi there. Now there is only empty plot and he is going to build a new kothi very soon. can you please advise us:-

1. Can we get "stay order" from the court as they (my uncle) had not given possession of house to landlord yet.

or

We have to file civil suit in court to get the plot back (as house is demolished). He (my uncle) had made payment of electricity bill, water bill and rent till sep, 2015.

someone guide us that as house has demolished, stay order cannot be passed on empty plot and we hv to file civil suit only.

Please advise, what to do now.

Regards,
Anuj