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Baba   19 November 2018 at 22:06

Original property document mistakes and correction process

Dear Experts,
I am raising this question with name. Sorry i did not know one should not raise as anonynymous.
This is regarding 30 years old, my father's property.
The property was baught by my father from Mr.X, Mr X baught from Mr.Y.
Title Deed1 has East to West 40,North to south 65 area 6 cents Mr X baught from Mr Y.
Title Deed2 has East to West 45,North to south 60 area 6 cents My father baught from Mr X.
Actually East to west supposed to be 60, North to South 45,area 6 cents.
However bit encroachment happened with slight deviations in all four directions and area is 5.5 cents now.
Now father is no more, we (mother, brother and myself) are legal heirs.
We are planning to sell house. Anyway we are not interested in claiming encroachment we are fine with existing area.
My question is,
1.We should amend the original document (and linked document) for right East to West, North to south measurements (which is swapped in original documents) and right measurements which any way less now due to emcroachment and for existing area and then sell?
If yes, what is the process knowing fact that my father is no more and also Mr.X who sold to my father is old and cant move. Mr.Y is no more as well.
OR
2. Can we directly register to our buyer with all corrections just for existing area without correcting oroginal documents.

Please suggest.


Mudit Shukla   19 November 2018 at 21:05

Shareholding agreement

My client, Rhythm Equity Pvt Ltd, (Investor) is a foreign venture capital fund registered in India. They wish to make an investment by way of a fresh issue of shares into Blues Pvt Ltd, (Company) a company registered in India. Ms Aguilera, (Promoter) of the Company will continue to hold 73% of the shareholding post issue. In the course of their negotiations, the Investor suggests that they insert a clause into the SHA to be able to appoint two out of five directors on the Board. The Promoter notes that the provisions of the Companies Act 2013 provide for the majority shareholder to appoint the Board. The Investor seeks my advice as to whether the SHA can contain a clause for a particular shareholder to appoint directors, even if they are not majority shareholders.

Gaurav Gujrati   19 November 2018 at 20:26

Sale of property

Dear sir,

My uncle have bought one flat in the name of his employee now he can't find that employee and want to sell the said flat.
How can he proceed? Plz advice.

Sameer Shah   19 November 2018 at 18:01

Company not accepting my resignation

I was working with an organisation and I resigned from that organisation on 29th Oct 2018. After resignation I asked them to release me early but they denied they were forcing me to serve 60 days notice period so I decided to take a buyout option but the organisation didn't provide me the resignation acceptance. Now my new employer is asking me for relieving letter I don't believe my past organisation will provide me the same so what are the other options for me at this time? I do have that email where I clearly communicated that I am buying out my notice period( buy out option is clearly mentioned in my contract but issue of relieving letter is nowhere mentioned)

Since I have already communicated in my email that 14th November is my last working day. Is there any chance of dual employment?

Can I offer a written declaration to my current organisation stating that I was not dual employed at any point of time?

Anonymous   19 November 2018 at 16:51

Leave and licence agreement charges by housing society

I am a member of housing society in Mumbai. My flat is given on rent . society is charging non occupancy charges @ Rs. 300/- per month. 10% of maintenance charges.
From this month society has started charging Leave and Licence agreement charges @ Rs. 8800/- per year.
Can housing society in Mumbai charge this Leave and Licence agreement charges in addition to non occupancy charges?

Thanks and Regards

Anonymous   19 November 2018 at 14:31

Procedure in real courts

what is the procedure of taking of cognizance of offences in case of a private complaint, police report and committal proceedings?
what is the procedure involved in the examination of complainant and witness?

Vee kay kapoor   19 November 2018 at 14:09

Leasehold residential property - gift deed

Dear Sirs,

whether a group housing society flat in Gurgaon of which Conveyance deed is not done can be gifted?

Nirav sharma   19 November 2018 at 13:04

Stay order on maintenance

Hello experts
My wife had filed for maintenance u/s 125 in March 2016 and maintenance order was passed in May 2018 for paying her 7000 pm with effect from March 2016. My wife had transferred rs 526000 from my account to her account on March 2016. This fact she admitted in court and even I gave evidence of same. My evidence was de-exhibited since I had not been present for cross examination. Through another lawyer I have applied in high court for a stay on maintenance in June 2018. As of yet I have not obtained stay. Meanwhile my wife approached court for recovery of maintenance amount and I was made to pay another 50000 on first day of hearing. Does it take so long to obtain stay order? How can I afford to pay her maintenance again? What can I do if I am unable to get stay order by next hearing date of recovery of maintenance amount?

Member (Account Deleted)   19 November 2018 at 12:41

Rti query not received/defamation

Dear Members:

I'm presently litigating a civil matter which has necessitated me to file an RTI petition seeking service (suspension) details of an engineer in the State Irrigation Deptt.
The fact is that the department concerned has not given any reply and now the RTI matter is pending before the State Information Commission and presently the Commission is engaged in taking up matters for the year 2016. I was told that there is no hope of my Second Appeal being taken/put up before the year 2020.
Now since my matter in the civil court is currently in the evidence stage, will it be safe/okay if my witnesses testify that the said engineer faced suspension from service? Because we have heard that the said engineer faced suspension from service but there is no official document confirming the same.
Please enlighten me whether this can give rise to a fresh round of litigation (defamation) by the affected engineer if the information which I propose to depose against him before the civil court is found to be baseless and false later on.

Thanking you all in advance!.

Anonymous   19 November 2018 at 12:27

Judgement

how can apply for supreme court decision in sabarimala case