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Raman   21 December 2016 at 21:34

Temporary association formed with name x-resident-welfare-association

I am staying in an apartment in bangalore owning a flat. Our residents started an association by Name "X Resident Welfare Association" (name i kept it as secret and called it as X ) recently to collect maintenance every month and when the builder hands over the building to register under the same name. They are purposely omitting " X Apartment Owners Resident Welfare Association " and simply calling it as "X RWA" as proxy owners wants to rule the registered assn in future. My question is whether such an association is valid in future. Are they entitled to receive all the original documents from the builder (they are not owners at all but they are relatives of the Owners). If they register in RCS can they sue and be sued. What are the dangers of such an association. Except me all other owners are supporting them to name the association without adding "Apartment Owners" after X name.

Pls advice me what action I can take on XRWA.

regards

Raman

Goapl Garg   21 December 2016 at 18:28

Simultaneously proceeding at court and as well as arbitrator

I have been a defendant in a title suit wherein there were 14 defendant , all the defendant belong to one family. The agreement on the basis of which the suit was filed by the plaintiff also had an arbitration clause . During the pendency of suit under civil judge , district court the plaintiff and three of the defendants opted and entered into an arbitration proceeding separately for the same cause and matter . I have brought the fact of simultaneously arbitration on the same matter in the notice of the court . The court on the learning of simultaneously arbitration has dismissed the title suit . Now the plaintiff has preferred an appeal against the courts dismissal order at the High Court.

Sir , I wish to know whether the district court was correct in dismissing the title suit in total on the grounds of simultaneously proceeding carried out by the plaintiff and some of the defendant at a different arbitrator issue for the same cause and issue under section 8 of the Arbitration Act.

Thanks in advance

Naveen Kanth Dasari   21 December 2016 at 18:23

Divorce

Hello Experts,

I have a query regarding marital dispute, as one of my client got married 9 years back and has a 6 year old girl child (baby was conceived immediately within 1 year of marriage)and after the baby was born my client's husband deserted her and his where abouts are unknown almost since 8 years, as my client says that he got married to some other lady and have kids with her also, whereas he has deserted her also. So now my question is under what ground she can file a divorce and what will be the duration for granting of divorce.

Thank You.

kaur   21 December 2016 at 17:59

Jurisdiction

I filed suit for recovery on account of damages against the defendant/employer where I reside as letter of appointment was issued/delivered to me at my residence and defendant is also having Satsang Bhawan and office where I reside. Although they carry on spiritual discourses like Satsang and other gathering of free work. Defendant will definitely fight for jurisdiction and how can I convince the court or is there any way I can appeal to court.

VIJAY   21 December 2016 at 17:19

Transfer of a decided case

Experts,

1. I have 4 cases filed by my wife in another state and we have a transfer petition in Hon. SC

2. In the mean time, if one of the cases say maintenance case gets decided and we feel that the judgement was against us and we have good grounds to appeal in the HC.

3. Could we ask the Hon'ble SC to transfer the decided case as well to my state so that we can appeal in the HC of our state. If yes then what is the time limit for it.

4. If we appeal in the HC of other state where the case was decided, can we ask the SC to transfer that case to the HC of our state without filing a new transfer petition for the same.

Dhaval Parikh   21 December 2016 at 17:17

Payment of notice pay

Dear Experts,

I have a query relating to recovery of notice pay by the employer.
In my previous company I before leaving the job I served short notice period. So in F&F settlement, some amount became recoverable from me.
Now the employer has sent notice to me indicating payment of notice pay.

Even if this clause is there in offer letter, is it valid by employer to sent this notice? What is the consequences if I dont pay the amount?

Kindly reply, its urgent.

hemadri   21 December 2016 at 13:00

Breach of agreement

Dear Sir / madam,
This query related to land deal. I am from Bangalore.
I had an agreement with a person for purchasing the site on 20th Feb 2015. Initially land was not developed and just by showing the site map he marked the site for me. After the rate was fixed I paid 4 lakhs to that person as per his demand. He told he will develop land and register the site within three months of the agreement. I paid 3 lakhs in cheque and 1 lakh in cash. Till Aug 16 also land not developed and site not registered. After repeated attempts he has given two cheques for 2 lacs and 3 lacs. He told he will return money with interest. After that he requested not to present cheques. But I presented both cheques and bounced. In that cheques one cheque vailidity expired in Sep itself. I am really depressed how to get back my hard earned money. I am an ex serviceman . For cheque bounce case only one cheque is valid.
Please advise on how to tackle this person to get money back. He is torturing me mentally.

Naresh Kumar   21 December 2016 at 11:37

Adoption

My query is what is the process to complete a adoption case in case a woman remarries after demise of her husband and his second husband wants to adopt her only son aged 2 years. In this case it is pertinent to mention here that widow has remarried to younger brother of his late husband. Marriage has been solemnised with the consent of both the families.

Sarav   21 December 2016 at 11:30

Birth certificate clarification

I am from Tamilnadu I have applied for birth certificate for my children.In the fathers and mothers name fields I have put my and my wife names without initials.
For example:

Fathers Name : Murugan
Mothers Name : Valli

But, in our TCs , degree and other leagl[ proof for our age ] certificates we both have initials

For Example: C.Murugan [ C is the first letter of my fathers name Chellamuthu ]

N.Valli [ N is the first letter of her fathers name Nallappan]


Should I amend my and my wife name with Initials in our children's birth certificate .

Fi so, whats the procedure to amend.Thanks in advance for your help




youngbro   21 December 2016 at 09:16

Nri cheated by own family

Respected lawyers, I m youngest of the three siblings I m US citizen now, I sent money to my family in early 2000 they bought a plot on my mother 's name,which is worth 1.5 cr now, so my older brother took it from her via gift deed, my sister took another property , my mom is alive and they are brain washing her that they both will take care of her am I m in aboard, they do not want to share any property with, I m feeling betrayed, can I challenge the gift deeds my mom made in my brother and sister 's name. What are my rights as a legal heir ? And also as I paid the money for the plots.

Is it possible to send a petition from abroad?

Please help me, more than monetary value, I want to punish them for their betrayal and brainwashing my mom against me.