Kishanchandra Kothari
18 April 2014 at 18:11
Dear Sir,
We have a lady member who owns a flat on her name(single owner), now can she add her married daughter or her son-in -law as associate member of the society. Kindly guide us whether the society can accept them as associate member or does the society have any right to deny them without any reason?
Thanx and regards
Secretary
Kishanchandra Kothari
18 April 2014 at 17:52
Dear Sir,
Our query is that one flat owner had purchased a flat 37 years ago (in 1976) and in the purchase agreement there are three names mentioned (the first member and her two sons as joint co-owners)and when the society was formed in 1985 only the name of first member is mentioned in the share certificate, now the first member wants to add the names of the two joint co-owners in the share certificate. So is it possible for the present committee to add the names and what is the procedure to be followed?. Kindly guide us.
Thanx and Regards
Secretary
DHIRAJ CHANDRAKANT KUMBHAR
18 April 2014 at 15:56
Sir m a purchaser, I have approached a developer, n it was agreed between us that ill purchase a flat in bldg admeasuring area of 550sq.ft for total consideration of Rs. 14 lakhs at thane. N after harmonious talk I have advanced him token amount of Rs, 1lakh n to that effect developer has given receipt of same on a stamp paper and it was agreed that balance 2 b paid after sanctioning of loan from bank, now bank has held me un eligible for loan amounting to Rs. 11 lakh, so I have addressed a legal notice to developer to reimbure my token however he is refusing to reimburse d same. N sir in that stamp paper no where it was mentioned that if I could not performe d contract then my token amount is liable 2 b forfeited. So sir I knew that Suit for recovery is to be filed, but under which provision I m entitled to get back that token amount, plz advice
kunal
18 April 2014 at 14:56
We Reside in a Pagdi building in Grant road, the rent receipts is in my Mother name & We Paying Rent to our Landlord The Problem is our Landlord is hassering that to sell our room but we dont beoz is onliy our sorce of income we has given our house in rent &the thing want loan Aganist property so Is Possible that we get the loan
Rajesh
18 April 2014 at 14:24
In a suit for specific performance , plaintiff has brought a witness who in his Examination-in-chief submitted one page summary of his statement of accounts maintained with his own commission agency firm. The aforesaid one page summary of accounts was signed by 'witness" himself as a partner of his commission agency firm and was NOT signed by any Chartered Accountant . He didn't corroborated or supplemented his one page summary of accounts with books of accounts of his firm .
(2)The defendant advocate objected to his Exhibit ( one page summary of accounts) and got it MARKED.
(3) After completion of above witness cross examination ,I (being defendant) came to know that Commission agency firm , whose summary in page has been submitted as an Exhibit but got Marked, doesn't have enough financial strength to lend Plaintiff huge amount as friendly loan . Based on this information my advocate filed an application before court to recall the aforesaid witness of Plaintiff along with books of his firm for last 5 years.
(4) Court heard and rejected our plea of recalling witness with books of his firm but stated that at the time of defendants evidence , you may call records of the Firm.
(5) Now , since Defendant evidence is going on , the question of calling Firm's books of accounts is being discussed on the issue Whether I( being defendant) needs to call Plaintiff's witness Firms Books of accounts considering originally Burden of Proof lies on Plaintiff's Witness who submitted a one page summary of his firms account statement.?
To decide on above question , I solicit your advice on the following critical issue
(A) WHETHER the burden of proof has been shifted on Defendant keeping in view Court order passed while rejecting recalling of witness stating therein that Defendant may call books of accounts of Firm while leading his witnesses.? So I should call firm's books of accounts.
OR
(B) WHETHER BOP remains with Plaintiff's Witness despite courts above order issued wherein it was stated that Defendant may call books of accounts of Firm while leading his witnesses .? So I should not call books of accounts of Firm.
I solicit your expert advice issue on above critical to remove the confusion so as to enable me to take appropriate step.
Uday Kumar
18 April 2014 at 12:27
Dear Sir,
This is a repeatation of last query which was closed without any solution on merit prematurely.
The query was
Court fee would be paid on Complete Counter Claim amount or just on Set off amount. i.e.
Counter Claim is for Rs. 160000/- and after considering Plaintiff claim of RS.70000/- set off claim is of Rs. 90000
hence Court Fee would be payable on Rs. 160,000 or Rs.90000
Some experts are of view that Court fee is applicable on only Set off i.e. Rs. 90000/- however some of the Senior Expert view was that Court fee would be in Rs. 160,000/- I am also of the view that Court fee should be applicable on Counter Complain value which is 1,60,000/- however I do not want to take up this before court until I have some Judgment on set off / Counterclaim
I sincerely request the expert to provide any such judgment in this regards. I would be highly obliged
With Regards
Uday Kumar
sachin
18 April 2014 at 11:39
X is a manufacturar. Y is a trader. Z is purchaser.
Y is taking some goods from X. Z is purchasing those goods from the trader Y and importing the same.
After importing the goods Z is willing to sale the said goods with its brand name in local market.
Is it possible? If yes than how and which law/act will take place and what will be to pros and cons.
Plz advice
kalyani choudhury
18 April 2014 at 10:14
Dear Friends please inform whether in Delhi High court it is mandatory to get an No Objection Certificate on a Vakalatnama from the current lawyer in order to be able to change a lawyer or an email will suffice . In case it is compulsory it will be very difficult to even change a lawyer for a client even if the lawyer is inefficient because the current lawyer will make umpteen excuses for not giving it in a bid to retain the client. In case it is mandatory how can the client change his lawyer.
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Partition affidavit
my brother has signed a partition affidavit drafted by an advocate and implemented it in 1996.He has not indicated it in his application during probating the will.not implemented after receipt of letter of administration. files a suit against another brother who is another benifiery stating that partition was not effected till date.
he has suppressed the fact of existence of an affidavit. what is the legal positition of the other brother.
the affidavit is per the will.
kindly help me with a reply.