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Rajesh Shah   14 January 2010 at 21:22

Recourse under MOFA

Can by an unregistered agreement a suit for specific performance and statutory obligation be filed against a developer, this unregistered agreement is entered into between a tenant and a developer and landlord who is a confirming party.
Can it be admissible under MOFA 4A.
Property is in Sub.Mumbai.
Agreement says of developer giving new premises in lieu of the old tenanted premises free of cost on ownership basis.
Agreement contains all details of performance, course of action,and 'Plans' identifying promised flats.
Agreement is made under MOFA.
When building is nearing completion the developer for the first time sends a without prejudice letter to the tenant confirming the agreement but saying that he will not be able to give flats as per agreement instead he will give half in A'Wing' and half in the other.
This Developer is eyeing to earn more profit from selling this large and three side facing flat promised to the tenant,
naturally due to his greed.
Above agreement contains clause saying it is the duty of the developer to pay the stamp duty and registration charges.
Can you suggest further course of actions!

Anonymous   14 January 2010 at 20:49

Ex-Parte Petition Dismissed

My ex-parte HMP is dismissed on the ground that I have not proved my case.In judgement court held that I have not examine matarial witness i.e. my friend but I have examined him & his evidence is on record & also exhibited by court.In such situation What shall I do?

charudureja   14 January 2010 at 20:47

urgnt

if a tenant doesn nt cross in appeal on grounds of nuisance and personal necessity. what will be its effect. does it means that he admits the same.please provide thejudgemnts in favour of landlord the stating that tenant has admitted it by not availing opportunity.
thanks

vijeta   14 January 2010 at 20:44

scientific techniques

dna mapping,narco ananlysis,and other scientific techniques adopted in course of investigation help in revealing the truth .Dont such techniqueS INFRINGE constitutional gurantee under art 20(3)?

sunil pagare   14 January 2010 at 20:40

Chargesheet & Process Issue

R/sir & Madam,After filiing Chargesheet court take the cognizance & issue the process against the accused. It is a Procedure of law.My query is that after filing chargesheet at the time of issuing process it is reavel from the documents that, offence in other section is committed by accused. whether court have power to issue process under that section insted of I O arrested & chargesheeted the accused in another sec?

vijeta   14 January 2010 at 20:39

custody

what is the difference between police custody and judicial custody

Anonymous   14 January 2010 at 20:13

Franking

What is Franking?
Why franking is Done and what are the charges. As i am Applying for a home loan, the Bank agent has told that franking needs to done.

allurisivajiraju   14 January 2010 at 18:04

Registration of Organization.

Respected seniors,
Some of the old students are willing to start an organization to help the poor students economically, health of the poor old age persons and to help the poor girls economically at the time of their marriage. To fulfill the above objects of society all of the old students will contribute voluntary yearly subscription. All old students are become members of the said organization.

In the above circumstances what are the precautions to be taken at the time of registration of the said society and what is the procedure to obtain income tax exemption to the contributing members personally to the amount as well as society.

Thanking You Sir in advance.

Mukesh   14 January 2010 at 18:02

CLAIM OF WIFE IN HUSBAND/INLAW PROPERTY

Honourable Members

I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.

a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA

Dipendra Dev   14 January 2010 at 18:00

Stamp Paper

can we have any manual/document which states the value of stamp paper for partiuclar purpose in Delhi