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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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skms   08 February 2016 at 14:57

Doubts on caveat

Dear Experts,

I have posted the question in forum but didn't get any replies, I request your help on it

One of our tenants, (whos agenda is to claim adverse possession though no suite have yet started) , filed a caveat for do not obstruct the wide road they are using around 10 feet, which is through our land , which is through center and it divide our land in front to two part. we are agreed to give a 4 feet (I belive 3 feet is the legal right) through side to the house he stays which will give us a one single piece of land in front. entire property is ours , and we are also paying land taxes, building tax (for the house he stays) , the defensive stand instead of filing a suite is to sell a part of property,before starting a legal war.
My understanding that he filed a caveat instead of a suite as he didn't have any legal right on the property, but if we file a suite against him, I believe he will immediately claim an adverse possession, which may take years to settle and until its settled he can enjoy the property as he stays there. I also believe all these caveat filing is for proving his 'Hostile' stands in the court while claim adverse possession.
From my understanding caveat is not a court order, its just a notice. against any legal action , please correct me If I am wrong. My questions are,

What happen if we forcefully close that road and make it 4 feet through side. as we provide passage , we didn't obstruct his easement right, as its not a court order I belive there is nothing wrong in doing so. If he destroy that closing wall , can we give a police complaint, while caveat exists.

Can we register that peice of land in another document while caveat exists, we plan to create another document including house he stays in another family member name, with road described in the document. so I believe the even if its become a suite in future, he can only claim the road in the document which include the house he stays. also it protect our risk to that document while saving the rest of the property. is there any legal restriction on registering a document while caveat exists?

Also he will take income from our trees like , coconut, without our permission. Can we move to file a police complaint/criminal suite for Theft on him?

Looking forward for some lights on these issues. Thank you for your valuable suggestions.

Atul Joshi   08 February 2016 at 14:47

Clarification about section 29 of mcs act

Hi,
I am planning to purchase a resale flat in Mumbai. The original owner died in 2015 and the flat was transferred to her heirs in sept 2015.
I am buying it from the heirs. However as per section 29 they cannot sell it for one year and hence my name will not be added to the share certificate till sept 2016. Is there any exception to this law since the original name change was by transmission and no sale was involved. I would really appreciate some clarity on this. Thanks

Amit R Agrawal   08 February 2016 at 14:39

Affidavit evidence

Whether additional evidence by way of affidavit evidence can be given in civil suits.??

O.N.Singh   08 February 2016 at 12:44

Pay and seniority

Dear Sir
please find details
Anomalies in pay scales
1.2.20 Insofar as anomalies relating to the pay scales are concerned, a large number of these anomalies would be automatically settled by introduction of the proposed scheme of running pay bands. . . . . . .
2.2.11. . ..... Grade pay will determine the status of a post with (apart from the two apex scales of Secretary/equivalent and Cabinet Secretary/equivalent that do not carry any grade pay) a senior post being given higher grade pay. Grade pay being progressively higher for successive higher posts,
2.2.11 . …….. In the revised scheme, the date of annual increments, in all cases, will be the first of July. Employees completing six months and above in the scale as on July 1st will be eligible. This is being recommended to alleviate a large number of anomalies that arise due to the present system of annual increments where the increments are given on the basis of the month of joining a particular post and which frequently leads to a senior drawing lesser salary than his/her junior.
2.2.13 ………..
(vi) Seniority of a post will depend on the grade pay drawn. This will invariably be more for a higher level post. Pay scales will largely become irrelevant for purposes of computing seniority. Thus, the present situation where frequently a junior draws higher salary (albeit in lower pay scale) vis-à-vis his senior because of longer years of service, will no longer be of any essence for purposes of computing seniority.
In view of above I would like to know whether

1)Employee promoted on 1/9/2006 in GP 5400/- receiving less pay than his junior of same cadre in GP 4600/-

2) An employee promoted to GP of Rs.6600/- on 1/9/2012 receiving less pay than his junior in GP Rs.5400/- in the same cadre and
3)An employee promoted to grade pay of 6600 on 1/9/2012 is getting less pay than his counter part promoted to the same post on 1/9/2015

will constitute anomaly or not?

ashis talukder   08 February 2016 at 12:19

Income tax-income from other sources-flat purchased

"A" - a salaried person having net Taxable Income Rs.4,25,000/- p.a. purchased a flat in Kolkata for Rs.12,00,000/- (original transaction value) on April 2015, but stamp duty was paid on Govt.Value of Rs.20,00,000/- at d time of Registration (i.e. April 2015), agreement was made before 3 yrs. Would u plz guide is there is any Tax liability?How much?What will b d procedure?Is d new sec 56(2)(vii)-INCOME FROM OTHER SOURCES is applicable? Thnx. Regds.Ashis.

sagar   08 February 2016 at 12:14

BLDNG CONSTRUCTION WITHOUT TP

I just wanto know about issue durring the period of building transfer from gram panchayat to corporation under were building wasn't have TP Sactioned so please suggest me asap.

Harish N   08 February 2016 at 12:13

Discrepency in releiving.

Sir I'am working in a startup company(LLP) from 1.3 Years.
They have not mentioned my notice period in offer letter. Now i wanted to leave the company, i had sent a resignation letter to them via Email and they also accepted the resignation and they had also sent me a mail saying that 15-02-2016 will be my last working day. Based on that email i had given a joining date for another company. Now they are saying that we cannot relieve on 15th. What can i do ?

Toughest2016   08 February 2016 at 12:12

When to tell court about evidence?

Hello Dear Learnered Experts,

Have researched and have asked with few of learned members in person on the question and was not able to arrive at a conclusion. Please provide your most valuable suggestions.

I have a divorce case running. I filed divorce other party filed RCR. Wife side has given WS to my petition. I am submitting my WS for RCR now.

In RCR they have mentioned 2 dates and certain occurances. On both the dates I was in a different place and hold public document to prove my claim. Please suggest, should I reveal my proofs or mention that I hold valid documents in my WS objection for their RCR or plainly deny without mentioning anything.

Your valuable suggestion would be greatly helpful.

Thank You.

ANJANEYULU BANDA   08 February 2016 at 12:07

Co-op housing society

member is asking for watchman premises on rental basis. If not given threatening of disrupting society meetings. We are 32 members all are peace loving people.Please advice. Member is abusing watchman and expecting committee members to act fast to his demands. how to deal with such elements legally ? please let us know whom to consult what action to be taken.

Sameer sawant   08 February 2016 at 11:42

Parking area

Dear sir, recently i have purchased 1bhk flat in 4 storied bldg at taloje navi mumbai along with stilt parking but now i came to know that builder can not sell car parking area of 4 storied bldg . Pls . Confirm on the same