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Legal Eagle   07 August 2009 at 15:55

Bombay Public Trust Act

Please could anyone help

My query is if we read the Bombay Public Trust Act, 1950, there is no provision that says an order of the concerned charity commissioner is a must.It only says that the charity commissioner, if he thinks to hold an enquiry will do so.

If I have filed a change report relating to addition of name of a Trustee, the said change reprot has been sent through post after few years I find out that the said change report is pending in the office of the charity commissioner.
Whose duty is it to pass orders
Or if the Charity commissioner has passed an order for want of documents change report seen and filed,does that amount to acceptance of the name of the concerned person as a Trustee.

Also suppose if the name is not indicated in the Sch I, is the said person to be treated as a legal trustee or a de- facto trustee.

In one of my case, the change report has been pending, he is filing change reports as reporting trustee. Now the concerned commissioner, is saying that as his name is not indicated in the Sch I, he has no legal rights to sign change reports.

Could anyone please assist me in which section to read and which book to refer for elaborate clarification

Please its very important to me

Bhumik Dave   07 August 2009 at 00:00

Appeal

What is the limitation period of file appeal. What about 30 days, 60 days and 90 days

Adinath@Avinash Patil   06 August 2009 at 22:19

company

co op society deposite some amount Company which is registered in company Act the said company is member of co-op society.Now Company is not ready to repay the said deposit amount to co op society.Now co op society is willing to file recovery suit in co op court. wether co op courts have juridiction.

Ria   06 August 2009 at 11:15

Urgent help - u/s 101 MHCS Act 1960 and harassment by soc.

The secretary/chairman/committee members of our society charging us maintenance which is much more than the actual services provided by the society and also the maintenance is charged on the square feet basis, which has been prohibited by law. I voiced my dissent against such resolution which is arbitrary and did not pay the maintenance amount as they are overcharging. There are discrepancies in the audit report and neither do they carry out any maintenance within the society.

There is lack of professionalism and transparency in the functioning of the society. Even after repeated written request the society has not provided me the copy of bye-laws of the society. Also previously the society had admitted bar girls on rent basis, against which I had complained to the registrar and the registrar had given strict warning to the society. After that the members of the society have subject me to various forms of mental harassment like stealing my newspaper, preventing my maid & milkman from coming to our house, cutting our cable wires, instigating the lady staying above my house to cause leakage from her bathroom into my flat etc.

Now in revolt I have stopped paying the maintenance of the society. The office bearers threatened to cut off my water supply if I do not pay the maintenance. They have also sent me a letter stating that if I do not pay maintenance within 15 days they will initiate action u/s 101 of the MHCS Act 1960. These office bearers have not signed a bond as required by the MHCS Act 1960.

In the above circumstances can they initiate action u/s 101 of the MHCS Act 1960 ?
What is the procedure u/s 101 of the MHCS Act 1960 ? and how can I prevent them from initiating action u/s 101 of the MHCS Act 1960 ?

Please help Iam in distress.

Regards,
Ria

naresh   06 August 2009 at 00:05

Advice

Hi,
I am Naresh Pawar, but by mistake my name was changed as Nareshkumar Pawar in school time.All educational certificaters are in name of Nareshkumar Pawar. I had submitted affidavit in my working organisation in 1998 as matter that Nareshkumar Pawar is same person as Naresh Pawar and all persons identifing & calling me as Naresh Pawar. but documently by mistake my name was changed as Nareshkumar Pawar instead of Naresh Pawar .From that time I am using my name as Naresh Pawar in my all personal Documents like PAN Card, Bank ACCOUNT. Now i am going to change my name in Gazette after so long period.Can I do this or any leagal problem for changig name so long period ?. Now I am applying for PASSPORT but passport authority required to submit their seperate format Annexure E with affidavit. I want to ask that how many times we can affidavit the same.Please me suggest your advice. Thank You

Adinath@Avinash Patil   05 August 2009 at 21:39

co-op credit society

Is co-op credit societies is controld By Beserve Bank of India.

Adinath@Avinash Patil   05 August 2009 at 21:36

cheque

Is co-operative credit society can issue cheque?.

Ranganath   05 August 2009 at 19:26

Powers and jurisdiction of Information commission

Ld counsels,

Accordig RTI act information commissions possess the powers of a civil court. Can it be inferred that it has powers to order forensic analysis of documents under dispute while hearing a RTI complaint to the commission.

Please clarify

Thanks

saravanan   05 August 2009 at 11:52

regarding womens right in ancestral property

Dear sir,
My mum has filed a suit against her brother who holds our ancestral property,let me tell u in brief... The property's are of my mums great grandfathers,when my mum was 5 years old her father was deceased, after that there was a family arrangement which was made by her elders stating that the property's are writtern to her two brothers with her mum( ie:my grand mother) as gaurdian,as soon the writtern document was made one of her brother also died in few days, so the property was under the control of my grandmother as my mother and uncle was kids, my mother got married in the year1972, my grandmother was forced by my uncle and she made a will in the year 1990,she had writtern all the property to his son, she died only in the year2005 but forcefully the son got the will in his name,all i need to know is that "does my grandmother has the right to write a will of the deceased sons property to one person when her daughter is alive,basically a gaurdian who holds the right in a property should write it equally to all theirchildrens isnt it, how is it possible to a person who holds ancestrol property could write a will to one son when her other girl child is alive. can i know the laws clearly, WHAT ARE THE LAWS THAT STATES RIGHT FOR A WOMEN TO HOLD HER ANCESTROL PROPERTY AND MAKE ME CLEAR ABOUT THE LAWS WHICH STATES WOMEN HAS EQUAL RIGHTS IN THE ANCESTRAL PROPERTYS .
AWAITING FOR YOUR EARLIER
THANKING YOU
YOURS FAITHFULLY
SARAVANAN

Kashyap Vyas   05 August 2009 at 10:10

HARASSMENT AT REGD CO-OP HSG SOCIETY BY CONDUCTING BUSINESS

Dear Sir/Sirs,

Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 , Premnagar No. 5,Co-op Hsg Society Ltd,
Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area.
REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89

I Kashyap Vyas the members of Premnagar Bldg. No.5 Cooperative Housing society hereby desire to stop any kind of Commercial Activities from our Residential premises with immediate effect. The owner of Flat No. A-004 Mr Jaswant is conducting business under name & style Jaswant & Company infact from 2005/06 ; almost since last 4 years. Initially we had no problem as business activities were relatively on smaller scale or say limited so it was not objected. But now business is being carried out in full swing from the above named residential premises. I stay at Flat no. A-003 had been verbally protesting for horrible Nuisance and Irritation since last 2 years ; had been lodging oral complaints to Secretary Mr Nitin, Mr Rajni Gandhi a senior Member of Society ( not committee member) and Mr Jaswant owner of Flat no.A-004 but Nuisance is continued as a usual schedule.

Even I had given 2 complaint letter to The Secretary & Managing Committee on 13/06/2009 and 16/06/2009 .But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power , authorities by members of Society. (The members of co-op housing society). The contents of letters is reproduced below for your reference ;

“My family is undergoing very awful and nasty situation since last more than 2 years due to full-blown and total business activities being conducted by owner Mr Jasubhai from Residential Premises at Flat no. A- 004.

I hope the Managing Committee would give very …….straightforward And ……..transparent Reply to my following questions :-

? Can any Member conduct business activities from Residential Premises causing Nuisance , Annoyance to other Members without taking permission from Local Authority or Society Authority ?

? Has Mr Jasubhai has been authorized by Society and Local Authority ? If authorized please show me any such consent letter. ?

? Even if any such permission is granted or obtained ( by illegal route) at Residential Premises the same can be treated as annulled Ab - Initio ( Invalid from beginning) on objection or protest expressed by any just A Single Member of Society. I want very expert and honest view of Managing Committee & all Office Bearers on this issue ?

? Under circumstances if business is conducted unlawfully and illegally why Society Authorities does not compell to stop such commercial activities ?

? Last question to all members of Managing Committee And Members of Society ; will you allow any such problem creating activities nearby your Place of Residence ? Please give me specific reply YES OR NO ?

I request you to please stop commercial activity at above named flat no A-004. It is causing lot of disturbance to my family since last 2 years. Daily at odd Hours whether morning---afternoon --night or late night some kind of activities is always on ; daily people in large numbers are visiting the premises causing horrible disturbance. Large numbers of strange people are always there to have close look into my Drawing Room. Why we live at Residential Regd Co-Op Hsg Society ? We want some kind of law & order ; we want com