Vaidyanathan
22 July 2018 at 11:13
A member of a co-operative housing society in Mumbai made a will wherein his flat be transferred to 4 named individuals. The administrator (also one of the will holder) applies for probate of will and obtains a letter of administration from high court. The letter administration name the administrator as the legal owner of property. A testament of the will attached to the order mentiones 4 individuals with 25% share each on the flat.
1. I want know whether the society has to transfer the flat and endorse all 4 names of individuals or only the administrator's name to be endorsed on share certificate?
2. After obtaining the letter of administraion one of the will holder dies intestate, and in case the wife of the deceased person claims to transfer the 25% share of the deceased person, (after following procedure as bye law No.35) and makes application to society for admission, whether society to transfer the flat to the spouse of the deceased as nominee or absolute owner of the flat?
We are bit confused and hence this querry. Thanks
Anonymous
22 July 2018 at 10:33
After the charge sheet is filed Does the accused need to continue going to police station to mark the attendance every week like before.
Anonymous
22 July 2018 at 09:30
We represent the co-operative movement in Kerala. Co-operative Societies is facing tough time from the year 2000 onwards due to notices issued by Income tax department under various Sections of Income Tax Act 1961. Conflicting decisions are being made by appellate authorities and even High Court only because the legal experts are not well aware of the factual situation. This has resulted in thousands of litigations causing waste of money, manpower, stationery and valuable time of Courts, ITAT, Income Tax Department and Co-operatives. For example, interpretation of Sections 80P, 56, 68 and 40 a(ia) being made by the Department, ITAT and of course the High Court is different from that of the well settled position of law in other States. There are situations that conflicting decisions are forthcoming from the same authority. As a result, the public exchequer has already lost thousands of Crores of Rupees in these litigations which could have been avoided if the concerned authorities had a clear perspective on the decisions of the Apex Court and various High courts in other States. We hope that CBDT will look into the matter urgently so as to take necessary action in order to prevent unnecessary disputes between Department and Co-operatives on settled position of law.
Now roving enquiries calling for voluminous information from co-operatives are being made by the Department u/s 133(6) for no particular reason taking advantage of the decision of the Apex court in Kathiroor Service Co-operative Bank vs. ITO, Kannur.
We would like to hear the opinion of our experts and request them to suggest a few names of lawyers who would be suitable to handle our cases in High Court and Supreme Court.
Imtiyaz Hussain
21 July 2018 at 22:01
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP. Thanks
Imtiyaz Hussain
21 July 2018 at 21:38
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP.
Thanks
VIKAS WAGHMARE
21 July 2018 at 21:12
Hello,
A person representing an Organization appointed as a Priest, was terminated from the organization. But with his overpowering influence did not leave the Organization premises. Rather registered a Trust at the Charity Commissioners office as a separate indemnity using the address details and telephone bills without the permission of the parent organization, Hence, I was successful to raise an objection, his Trust under BPT 1950 was partially cancelled in the year 2009. Later on 29th Jan 2017, I being one of the Trustee sought the entry into the premises along with the Police Protection with propert resolution, Notices being served. The Encroach er, objected me, and filed Temporary Injunction and interim order under 41 E of MPT 1950 file different false facts in the affidavit and also N.C. at the local police chowky. I was also able to succeed in achieving the order in my favor finding the dismissal.
Should I file a complaint directly at JMFC u/s 340 of CRPC or 199/200 of IPC?
Please advise.
Thanks
rakesh mittal
21 July 2018 at 20:36
Sir I given amount Rs 32 lakh to my friend by cheque and made MOU at same time.he given cheque but cheque bouns due to insufficient funds.i sent advocates notice Now I want advice for best case .
Anonymous
21 July 2018 at 20:30
Sir
I given amount Rs 32 lakh to my friend by cheque and made MOU at same time.he given cheque but cheque bouns due to insufficient funds.i sent advocates notice
Now I want advice for best case .
raju
21 July 2018 at 19:44
I have filed complaint to police for sexually harassment, molestation and outrage modesty of woman against accused but even after one month police did not register FIR. Now the police telephonically called me after one month to come to police station and they shall visit the spot of incident where the accused resides within the complex. I requested the police to first lodge FIR take my statement but they refused. I fear threat to my life as the accused person is very influence and have strong links. My query is that why can't police first lodge the FIR take statement and investigate the matter.
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