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Ajay   09 January 2019 at 16:14

Is sarfaesi act applicable to nidhi company?

I would like to know if the Sarfaesi Act is applicable to Nidhi Company?

For invoking Sec-13 for taking possession of assets.

sudhakar s. yeradkar   09 January 2019 at 11:26

Forming of sub-committee for building renovation work.

Sir / Madam,
In the co-operative housing society we have managing committee of seven members. Out of seven members only three members are active and supporting for the activities of the society. We intend to do building repairing work and painting etc. Since it is massive work and will consume long time to complete and we required manpower help.

Hence we are planning to call SGM to form sub-committee of 6 members from society members only to support us for this work under the control of the Secretary.

Can we from the sub-committee just to support and help the existing committee?

Whether it is in the frame of the bye laws?

Please advise.

Anonymous   09 January 2019 at 09:53

Seller not vacating premises after sale deed

Hi,

My brother has purchased a site in Bengaluru. It was given out by Tahsildar for 15 years term on lease to Seller (Female) along with Hakku Patra after akrama-sakrama court order way back in the year 2004. Since seller was in need of money, seller has sold the property to my brother. Got the registration done along with husband and 3 kids who are major. Seller has signed the family tree but shown only 5 kids. 3 of the kids (2 Male and 1 Female) have signed in the sale deed but 2 hasn't. 1 went out to Jail to get another brother signature as requested by lawyer but he didn't turned up till date. Good thing is that, my brother has got family tree signed from the seller same day of Registration in which she has shown only 5 kids. Out of humanity, my brother gave 15 days time to seller to vacate the premises as festival was round the corner. Taking this as an advantage, the seller has filed a partition case with the help of her daughter. Verified the documents which she has filed for the case. Seller claiming that she has 6 daughters and 4 sons etc in an affidavit. Seller has paid all the taxes after the sale deed which they have produced claiming they are the owners etc. Judge has granted "Status Quo" order.

How to go about?

Anonymous   09 January 2019 at 09:40

Tresspassing

Hi,

Would like to know how to go about against the seller for tresspassing into property and disturbing after sale deed executed in my favor.

Regards,
Munavar

Nandhana   09 January 2019 at 08:58

Names of the labour law applicable for security agencies

What are the List of Labour that applicable to security agencies.

Azhar Khan   09 January 2019 at 06:28

SRA Eligibility issue

Respected Sir/Madam,
My father has a room in SRA, the construction of the building is done and also just two days back people were allotted the rooms but only those who were eligible, My father purchased the room in 1998 and has the light bill, phone bill and ration card on his name since then and also the he has the photopass of the previous owner, but still we were put in Non-eligible criteria after submitting the documents to the secretary every time he asked, The secretary also asked us some money to make it eligible, we even provided him the same but still the room is not clear and we have not been allotted any room in the building, please guide me as to what should I do now.

Tapashi Sen   09 January 2019 at 02:57

Tenant refuses to pay rent for more 3 months

Hello Sir,

We have our own house in sodepur, kolkata. We rented the ground floor to a family from last march 2018 with rental agreement for 11 months. Rent is 6500 rs plus electricity bill has to be paid by the tenant(we have two separate electricity meters in the name of landlord. One is dedicated to tenant usage). As they are always reluctant to pay the rent and electricity bill within the agreed time we gave them verbal notice to vacate the house at the end of the agreement means after 11 months which is 31st jan 2019. We have also given them 3months legal notice. The tenant has stopped paying rent from oct 2018. And electricity bill is also due from Oct 2018. My questions are:
1. What we can do if they do not vacate on or before 31st Jan.
2. We have deposit money of rs 10000. Can we deduct the electricity bill from that. the electricity bill is more than 2000 per month.
3. How many days will be taken by Rent control board of west bengal to provide the judgement.

Thanking you,
Tapashi Sen

Sushil Biswas   09 January 2019 at 02:35

Blank Cheque submitted by bank

Sir, i had taken personal loan from axis bank 2 years back, but due to loss of job i was unable to pay the emi and finally became npa, they had taken blank cheques during the disbursement and now they have filled it and submitted it and it got bounced because of insufficient amount in my account in another bank, can they file criminal case against me?

Anonymous   09 January 2019 at 00:03

Alteration in redevelopment agreement

Our society has executed registered development agreement with developer in 2015.

For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem

The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started.
The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat.It a common phenomenon.

The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation.

In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC.

Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE of Rs 15.30 crores WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES.

He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties.

Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY.

The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED.

WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT.

FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWEEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Further please advise can a legally enforceable mortgage deed be created when property itself is not existent on the date of agreement registration

Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc.

Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper.
How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law

Is this case be accepted in consumer forum how much are the chances.
Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court

Regards,


JAYESH CHOKSI
8080546187

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