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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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MAHESH   10 August 2010 at 09:31

MORTGAGE

Dear Brothers, this is in continuation of my earlier query i.e.,
{A and B being husband and wife owned certain house property wich is their self acquired property and the same is opined by the Bank also (panel adv of bank) and during raising house loan, A and B impleaded C also as one of the co-applicants for the said home loan. Now A and B want to implead D also as one of the co-applicants for which C is not consenting. Only A and B moved application to Bank to implead/include D as one of co-applicants alongwith A,B and C (But without consent of C), the Bank rejected the request saying that they need the consent of C also. Is the act of bank is valid since the house property is solely/exclusively owned by A and B. D is ready to implead himself for the same.}

and I am convinced with your view that the act of bank is right.

Now if the entire loan amount is repaid to the Bank then

1). will the Bank hand over the original title deeds of house property to A and B in absence of C ?.

2. What if C dies ?

Anonymous   10 August 2010 at 09:06

g.p.a cum agreement of sale

in a agreement of sale there cannot be delivery of possession but in a G.P.A can there be a delivery of possession, is not G.P.A and agreement of sale are different.

Amit Oza   10 August 2010 at 08:53

Help

hi. i am amit from mumbai, i got married in may 2008.before marriage we have informed the girls parents that she has to complet her education and aslo take up some job. after marriage ,when i came to know that even she has not completed her sybcom.i gave her time to complete her education.as she was not intrested in studies not doing job.she started taunting me that i am not able to earn so i am sending my wife to earn money.this continued for some months.even she was not helping my mother.due to my mother joints problem she is unable to do the house hold work.but when i used to say my wife to do the house hold work she used to resue giving me the excuse that she is doing the job she cant do household work.even she baused my parents on several occasion.
once in sept my hand ware burnt in an fire accident, but att hat time she was at her mother palce .all the care was taken up my parents.
in april 2009 we went to our native palce and when we came back she never return she stayed there for 6 months .in nov 2009 she came home but i dint allowed her , she went to police station and filed a fir,the matter was settled down there and police officer gave an option to take seperate palce .but i gave her time so she could change her nature .but she still behave in same way. ausing my parents iving bad words.
when i taok saperate palce , for the first few days she dint came stayed at my parents palce ..
we are not having any physical relation as she has mentally disturb me . she many times threatend me that she will commit sucide .once she had cut off his hand with blade .i immidately file a N.c.once she wrote a sucide note that she is going to commit sucide . and this was bought to the mahila takrar kendra ,where i was going for consulleing.
i am mentally disturb by her behaviour.i want divorce .can you help me with this.

Anonymous   10 August 2010 at 07:22

duty and off voilation of basic rights where to appel

Dear Sir,i am a govt employee group c .
i was ordered orally to attend duty on Sundays and public holidays. as i am hospital employee a obeyed order our hospital working hours are 8am to 2 am Monday to Friday 8 to 2 on Saturday and 8 to 10 on Sunday i was not offered any leave or off in 30 working days .neither i asked for .
if i write a letter compensatory off is offered only for two hours that too from 12 to 2 p.m. my question is govt rule says one should get minimum one day leave in a week many govt employees enjoy two days holiday in same hospital. many gets one full day holiday where as i am denied even one day holiday .if i ask for written orders administration says obey the orders.oral orders are enough.but same administration does not grant me off orally.my attendance is signed for full month without taking holidays my post is single employee post so no union to help me please guide me providing suitable acts and your guidance is most welcome thanking you

M H Laskar   10 August 2010 at 00:08

Special Duty Allowance

Dear Sir,
One my Client who is a Central Govt. Class-1 Employee from New Delhi working at North East Region from the F.Y. 2008-09, whose Special Duty Allowances for last 2 years were calculated as Taxable Income, which is Non-Taxable as per IT Rules. He has filed his personal Return as per Form No.16. But now he wants to claim the same for last 2 years.
So, kindly suggest me how to claim ? By filing Revised Return OR to claim in FY: 2010-11 ? What is the Rule ? As he will get Refund.
Kindly reply on Urgent Basis, so that I can suggest him in your reference/s.
Thankx & Regards,

M.H. Laskar
Guwahati

M.G.RAJESWRI   10 August 2010 at 00:05

Regarding Maintenance

The brief facts of the case is after marriage wife came to know that husband has illicit relationship with another woman. Hence she deserts him and live along with her parents for 25 years. Now husbands call her to live together. He is in verge of his retirement.

1. Can wife now claim maintenance?
if so u/s 125 crpc or u/s 25 of Hindu Marriage Act?

2. Will her maintenance claim will stand in cases of desertion ?

3. can she now file petition for divorce?

kindly advice me at the earliest in the abvoe issue. Pl do cite case laws in support of this if any.

M.Abdul Majeed   09 August 2010 at 23:18

PLS

Thanks 2 all You 4 Reply My Requset
And Once more REQUSET 2 U PLS issue me a
Cont; no MR. JAYESH
Thans

Anonymous   09 August 2010 at 22:53

agreement to sell

A person sold his auto-rickshaw in 38000/- and received full amount. he execute a written in presence of 2 witnesses on a plane paper but he put his signature on revenue stamp of 1/- Rs. according to written he shall give possession on future date and execute the agreement on 100 Rs. stamp.But now the problem is that the date has spent and he is denying the agreement. What kind of proceeding Civil and Criminal we can initiate against that person and in what manner?

Ravi Mishra   09 August 2010 at 22:35

Taxibility of gratuty

My friend retired in June 2009. At the time of retirement he got gratuty amount upto the ceiling.

Now act has been ammended and ceiling raised to Rs. 10 Lac.

He will now get difference of what actually has been paid and what is actually payable.

Difference amount will be within the ceiling amount (i.e. acual paid + difference will be within Rs. 10 Lac)

Question
Will difference amount will be subject to Income Tax?

Anonymous   09 August 2010 at 21:57

canalization of registrations


author : Anonymous

Posted On
09 August 2010


Dear expert,the terms & G.P.A.conditions are
1.Wereas the principles are the absolute owners and possessors of the non-agricultural land bearing survey no xyz admeasuring 16-acers situated in the lay-out of m/s s.co-op-h.society ltd ,YOUSFGUDA Hyderabad HEREIN AFTER CALLED THE SAID SOCIETY.
2.Whereas the society has purchased the said land on 16-june 1974and made a lay-out allotted the plots to various members and the vendors have executed an agreement of sale of each member of the said sosiety pursuant to the earlier agreement of sale dated 16-04-1974it is thought expedient to execute the POWER OF ATTORNEY in favour of srixxxxx to effectively pursue the clearence of the society in urban -land cealing authority/etc and to execute and Register the land to the socity on behalf of the vendors and then execute register sale deeds of indual plots to the members the of the secretary of the society.
3.were the executants are permenent residents of hanamkonda and could not go over to Hyderabad every time and could not look after the affairs of the lands and wereas it is found expedient to give give the present power to the attorney-holder,for for effective convayance of the land to the said society and wereas the executants having effective conveyance setteled the matter with the society for all purposes ,save for registrations of land in favour of society this irrevocable power of attorney is made.
NOW THE ATTORNEY is therefore authorised to do the following.
To execute and present documents of sale alienation transfer regarding the oroperty namely viz: all the pecie and parcel of land bearing survey no:xxx admeasuring 16-0acers situated in the lay-out of the m/s s.co-op.h.society Ltd. yousfguda ,Hyderabad,Before the registrar/sub-registrar having juridiction over the property and trancaction in favour of the society again in turn as secretary of the society execute and present documents of sale in favour of each individual members of the society.
and entre into agreement of sale /transfer/lease etc:to pass receipts etc.
To sell the property to the society individual members of the nomniee vide agreements of sale Dated 16-6-1974 ;and 8-2-1984.etcs.
4. Appoint Agents Attorneys Advocates in to fix and pay remunaration etc.,to sign and verify all the pleedings ,vakalaths reprasentations ,to intiate legal proceedings and to counduct /and defend the same till the final stages ,to settle and compramise all or any of the matters is dispute.
5.To represent the princpel before all the officers /forums Governaments to pay taxes outstandings etcs,
6. To obtain clearences like Urban land-cealings Tax Clearence and NIL Encumbrances etc the vendors as wellas the society shall be responsible for the lawfull conveyance of the plots.
7.To do all the lawfull things deeds ets.;and the principle does hereby understand to ratify allthe said acts done by the Attorney as if done for and on behalf of the principal.
EXecuted at hyderabad on the 19th day of november 1984.
this is the terms and conditions made in the gpa. here sir the said society was terminated in the year 1979.due to lac of missoppropriations done by the society . and the land was not transsffered in the societies name through registration by principles vendors. self styled secretry was missused the powers of gpa and executed the registrations to individual members .1984-1988 . the gpa was revoked in the year 1988. by principles. in 1984 the land owners was entered into notarised plot individul plots on behalf of said society, nearly 150 plots .as per 1974 agreement of sale on 5/rupees stamp paper and the secretry missused the terms and conditions of agreements .now there are only some plots were left . nearly 70plots was registered by secretry. and remaining was not registered . still date after cancalization of gpa the secretry was escaped. it is the fact true case. and now there is nowere the society at present.all of the members are illegally occupied the plots by mch fake door numbers. now the said land is most valuable land . was grabbing by un-valid notaries agreementsof sales on 5/rupees stamp papers which was done in 1984-1988. this is the case .and as per agreement terms 1974s the members &secretry was not payed balance amounts to vendors still date .now the actual land owners are suffering a lot of untoldship problems. kindly give good suzesstion how to approach the case? urgent please.kindly reply .