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tushar   23 April 2018 at 17:35

Conversion of one flat into two flats during redevelopment

Our co op hsg soc situated in mumbai suburbs is under redevelopment process voluntarily. Terms with existing flat owners are finalised. Presently flat area is 600 sq ft carpet. Builder is giving certain additional area free of cost (25 %) and offering concessional rate for additional purchase area upto certain sqft. Few society flat owners want to convert their single flat into two different flats as they are getting additional free area and can buy certain additional area at concessional rates. This makes sense for them to make two 400 sq ft carpet (appx) flats after redevelopment. Builder has agreed to prepare two separate units out of such one unit to all flat owners who wish the same. However, we need to know whether this is leagally possible and what procedures are to be following by society as well as builder in order to register the flats as two separate units in govt. records and also in society records after redevelopment. The original purchase agreements and share certificates of single flats are either in single name or in joint names. Please guide...

Anonymous   23 April 2018 at 15:55

Board resolution

We are a firm having suit for money against a Gurgaon based company. At the time of filing written reply (18 years back) and at Cross examination, they did not file Board Resolution. My new lawyer raised the point in additional Issues, to which the judge agreed and asked the respondent to submit these resolutions. They are fabricating the same in previous date. Can they produce these at this stage. If, no under which section, we can counter them. Any other point to our favour ?.

Thanking you very much & with Best Regards.

Udit   23 April 2018 at 12:00

Execution of decree of child custody

Sir/s,
Please advise whether an execution petition be filed in the family court if the appeal in the high court is pending but the stay has been vacated. The family court granted custody to me against which an appeal was preferred by the opposite party. During admission of appeal stay was granted against the operation and effect of the family court order, which was later vacated. My question is:
Whether an execution petition be filed during the pendancy of the appeal in the high court and the court concerned shall execute its order in this circumstances.

Regards...

Anonymous   23 April 2018 at 11:42

Transfer of flat in sra

My brother and I were joint holders in SRA flat. We have got the possession of the flat. My brother has expired and his name is first and mine is second.

What is the procedure to transfer the flat in my name.

Shailesh Phillips   23 April 2018 at 11:20

Private family trust

Can a registered Private Family trust be admitted as a member of a co-operative Housing Society (in Mumbai)? The Bye-laws only mention that a Registered Public Trust can be admitted but is silent on any other type of Trusts.

Paresh R   23 April 2018 at 00:15

Can caste be changed from general to scheduled caste?

Father belongs to general category (his dad, grand dad, great grand dad, mom, all were general merit) is Christian (Protestant) (7th day Adventist) his wife, who is mother (her dad, grand dad, great grand dad, mom, all were scheduled caste Christians SC)of his child (daughter). They have been married for past 18 years. And Mother is also Christian but is Scheduled Caste (SC). What caste will the daughter be? Till now the daughter in 10th marks cards and PUC marks cards is belonging to general category.

Can the general category be changed to Scheduled Caste (SC)category legally? To avail benefit of SC quota in getting age relaxation, government job etc?

If it can be done, how to get it done?
Where to start doing all this?

If there is no legal way to be done, how can this be done illegally? Can this be managed?
All this being asked here to get job.

kishor   22 April 2018 at 22:21

Domestic voilence & restitution case

i married on 15/12/2010 and my wife left my home on 31st august 2011 it was only 9 month of marriage period after that she left my home and sent notice through her lawer to me and threat me demanding so many things , i replied through by lawyer & asking her take back all allegation and come back home . then in 2013 she filed domestic violence case on me and starting harassing me. after that she filed RESTITUTION case in 2014 .I filled divorce case in 2015 divorce case is on HOLD because of this cases.

I got judgment from my domestic violence case Year (2013) now in march 2018 that I need to pay 7000 Rent and 50000 one time settlement 5000 Rs Court fees. My wife is Software engineer getting 40000 Rs salary (in hand salary 30150/-) in Mumbai. Restitution case is going on since 2014 her cross one half is done and now giving false medical certificate and avoid to come on date in kalyan district court.
after this domestic violence verdict i will get favor in restitution case? or RESTITUTION case is automatically dismiss?

aman   22 April 2018 at 20:54

Registration of public trust

I work in a govt bank , can i be a member or trustee in a charitable public trust.
What is the procedure and court fee for registration.

Anonymous   22 April 2018 at 18:57

Article 136 of limitation act 1963

The Plaintiff have filed a suit for (O.S.No.381/1969) Specific performance of the above agreement before the Vth Additional Judge,City Civil Court, Hyderabad parties have entered into a compromise (1st compromise) and wherein, the Respondents herein have offered to give 20 acres and 39 guntas to the Appellant/plaintiff.whenthe Respondents have failed to honour their commitment as per theabove 1 st compromise decree, the DHR/Plaintiff filed the presentE.P.No. 58/1984 before the executing court for execution.In this E.P. also, again both the parties have entered into another compromise and as per the 2 nd compromise, the DHR/Plaintiff was allotted 12 acres, after foregoing 8 acres 39 guntas.
21-02-1985(2nd Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possision has been given JDR..
30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching the executing court, for registration of the sale deed, Basing on the said compromise decree,the MROafter collecting the Stamp duty and registration fee, with the consultation of the concerned Subregistrar,has issued a certificate
25-09-1993 After issuing the above certificate, the petitioners/Defendants have preferred the present appeal before the concerned Revenue Divisional Authority claiming that the MRO has notgiven any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO has rightly passed the said order and hence there is no need to middle with the orders of the lower court and accordingly the appeal is dismissed.
04-12-2000 As against the orders of RDO, the Revision Petitioners/Defendants have preferred the present Revision. After due enquiry,the Joint Collector has dismissed the Revision and confirmed the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pase book act.
15-10-2001. As against the said orders of joint Collector, the Revision Petitioners/defendants have filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of
below authorities and dismissed the Writ Petition.

07-02-2005 As against the said order, the Revision Petitioners preferred this Writ Appeal before the Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and also set aside the orders of the High Court, Single Judge. DB said that compromise decree is not valid document for section 5-a of act.
SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiffpreferred this SLP and the SLP is Dismissed on 13/10/2015

Q1. Now i have approached the lower court and file to Open E.P.No. 58/1984 and execute the 2nd compromise decree
Q2. Does the article 136 of limitation act any effect on my case as i am fighting legal battle from MRO TO SUPREME COURT.? does the time spent from MRO to SUPRME COURT IS EXCLUDED?
Q3. What about the limitation of the 2nd compromise decree. does any section of limitation act help me out in this matter.?

Kumar Sambhav   22 April 2018 at 18:43

Censure penalty affecting macp

Sir, we are central govt employee and governing under CCS rules. My question is that one of the personnel MACP due in 12 Jun 2012 but due to involvement in theft case in 2011 later organising Departmental Enquiry on 18 Jul 2012 his MACP was not granted. On the date of 18 Jul 2017 his departmental enquiry completed and imposing censure penalty. Now the question arrises:
(a) In which date his MACP has been granted whether it is 12 Jun 2012 or 19 Jul 2017 if censure with no currency peiod.
(b) If the censure penalty has imposing with currency peiod then what is date i.e. 12 Jun 2012 or 19 Jul 2017.

Request to all please clarified with reference to relevant rules so that I can help the guys.

Regards