Thirumalai Dasan K
23 October 2015 at 09:52
Dear Experts,
Our Residential Social Welfare association and 8 members of association and one more person received a lawyer notice with OS number on behalf of secretary of builder's sponsored association (yet to be introduced to residents). We are told to appear in Poonamallee Munisiff court on 30-10-2015.
we have received this only from lawyer.
How can we get the details of what are the allegations filed in the court?
The secretary of the builder association is also a power of attorney to the builder and working with them. He owns a flat but yet to move in.
Some one says we need not to go to Munisiff court and instead approach High court for further action.
Request experts opinion
Thanks
Ketan Shah
23 October 2015 at 08:21
Dear Sirs,
I am residing in one registered society in mumbai. Since last one last month, we are facing a sever leakage problem in our kitchen causing a damages to walls, furnitures and paintings in our flat and plumber and architect has told me that the said leakage is from the kitchen of the flat situated above my flat. I have requested above flat member to get it repair and I have also express my willingness to pay 50% of the repair charges. He advised me to write a letter to the secretary of the society. Accordingly, i have done so. However, till now, I have neither received any reply from the secretary nor the member of above flat has agreed to carry out repair work. As the days pass on, the damages in our flat has been increasing.
Please advise me about the further course of action that I can opt for to resolve the matter.
Thanking you.
Ravi
23 October 2015 at 01:33
Respected Sir/Madame,
I purchased an apartment in Chennai from a so called reputed builder who has simply siphoned the money and stopped the construction.I took loan from AXIS Bank towards this apartment.
However, the builder or the banker didn't advise me of the below details at the time of entering in to agreement with the builder and AXIS bank 3 years back. The builders project was financed by Bank Of India. Recently the building was sealed by the local panchayat and removed by them recently.
1. Can AXIS bank approve a home loan when the property is already pledged to BOI by the builder? If they should not approve, then what type of crime has AXIS Bank committed?
2. What are all the legal and mandatory checks that AXIS bank should have performed prior to approving the home loan.
3. Should the builder show me the NOC before i entered into agreement with them in Chennai or should they disclose it to AXIS Bank directly?
4. The bank never sent me a copy of the tripartite agreement which I entered with them at the time of taking home loan with them. Till date they have not provided me a copy of the same. Is it mandatory that AXIS bank share a copy of the tripartite agreement with me?
5. Should the builder disclose in his construction agreement/agreement for sale that the property is pledged to BOI and that NOC is obtained from BOI for the UDS that is alloted to me in the agreement?
6. The bank failed to provide me bank engineer signed stage certificate which is a mandatory check that each Bank had to carry and send a copy to the customer that the bank's engineer had visited the site and is satisfied that the construction is happening and that I can release the next payment to the builder. However, AXIS Bank failed to provide a copy of the same before releasing the payment to the builder. Please advise under what section should i file a case against the bank, is it criminal or consumer court?
7. What are the mandatory documents that the builder should have disclosed before entering into agreement.
8. What are the legal documents and checks that I should have insisted from the builder before entering in to the agreement.
9. What type of case should I file against AXIS Bank for not being transparent with me when I entered in to Home Loan agreement with them.
Please advise for all the points as I am wishing to proceed legal actions post your advise.
Thanks for your help.
Regards,
Ravi
Nihal
23 October 2015 at 01:05
Hello Sir,
Please help me to provide the information as soon as possible.
I have dropped my papers in the present company(10 days ago) as my dad is unwell and needs to get the treatment done in Hometown. I asked for the early release from my company but my Manager denied. I said that I am ok to buy out for the early treatment of my father( I also have about 15 days of vacation leaves which can be availed too) for which they denied too. Just about 7-8 days ago, I got through a company but I have not got the offer letter yet. Most probably after 27th of Oct will I get the offer but somehow my Manager got to know this and he thinks that the reason of my resignation is due to the new job and not my father's treatment and he said that the matter will be taken seriously and will be taken over with the HR but my actual reason for resignation was my dad's health. Also, he tried to get all the information about the company from me and the tone he speaks me with, is bad and sounds like he would terminate me.
Please help me as I do not know how could a Manager act in this way.
Please note I have 4 years of Work Experience in this present company and a termination letter would mean end of the world to me. During the tenure with this company I worked very hard and put in lot of efforts but my efforts have been in vain as they did not give me a promotion or hike.
Irfan Mulla
23 October 2015 at 00:01
Dear Sirs,
I got married on September 15, 2013, after 40 days she went with her brother as a custom. She is LLM, she joined law college at her parents area and didn't returned. Reason she wanted separate accommodation however she never told me before. In the month of April 2015, I got information that my wife submitted a complaint, after personal meeting they submitted settlement affidavit. My wife didn't returned and again after two months they started threatening, I again visited alone to pick up but refused and she demanded talaq and her family demanded 5lacs. There was many calls for money and talaq. Early I was afraid of it but when I denied to complete their demand they threaten to lodge complain their last call was on September 18, 2015 after this there is no update no extortion call from them. Complaint is false.
My queries.
Why they are delaying matter, what is the benefit for her of this delay.
I have already inform them that if girl wants talaq they may take khula and I'm ready to pay her Maher and iddat amount. However, she has my jewelries which took without my consent.
Her brother denied to follow the shariyat, said that they want 5lacs.
There no force from my end for talaq, even Im ready for separate accommodation for her.
I have also returned her belongings through movers n packars as per their demand, payment part had shared between us.
subhash
22 October 2015 at 23:01
a woman can give her property to her husband's brother's son by family settlement through court decree . its come in family settlement ? family settlement can revoke ?
irshad alam
22 October 2015 at 21:40
Hello sir my ques.is
What are the rights of a muslim woman in his father property after his death .
My mother age is 55 and my grandfather has died.
She has two brothers and one sister.
Can my mother claim for her right in his father property ?
If yes then how?
And my grandmother had not any will.
Sushil Paradhe
22 October 2015 at 21:37
I own a residential property (Flat) in Navi Mumbai, Maharasthra. My father is co-owner in that property whom we lost in year 2011. I have paid for everything and been paying all EMIs for that property. I have Mother and two younger brothers. Now I have applied for home loan transfer and that particular Bank wants me to be sole owner on paper. My mother and brothers do not claim anything for that Flat. Could you please guide me with procedure to put me as single owner for that property. Thanks in advance.
..... Sushil S Paradhe
Mohammed Rizwan Shaikh
22 October 2015 at 21:09
There are 2 societies viz A and B. A is the society owner of the land/promoter whereas B is also a society. NO CONVEYANCE has been done since past 30 years. Both the societies are registered under MCS Act. A leased out the land on which the building is standing for 999 years. A and B had agreed that a nominal rent of Rs. 3600 shall be paid annually. B did not pay any rent as A did not demand any rent either orally or written. B is mortgaged with the MCGM wherein it has been agreed that the flats shall be used and purchased only by the BMC employees.
Now A has filed a T.E. case in the small cause court against B society. The said case was filed by the Chairman of the A society with out any society resolution however the Chairman expired after few months of filing the said T.E. case against the Society. This was not brought before the Court however an unknown person who allegedly became the Secretary of the A Society and pursuing the matter that too without any resolution or authority. A Society secretary is using all his resources to harass the B society members.
Can Small Cause court entertain the said TE case as the case has been filed without any authority and the alleged the Secretary has made forged documents like rubber stamps, illegal and fake resolutions?
Can A society secretary's misdeed can be brought up before the court?
Can A's society demand for the rent of 30 years @ Rs. 3600 p.a is legal?
Would sincerely appreciate if any citations are given.
Please help by your valuable advice.
Rizwan Shaikh
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Dismissal of complaint by magistrate
Dear sir the learned magistrate dismissed the complaint and recorded the statement ad the matter as civil in nature. The case is tat daughter filed a civil suit against father for partation in the suit she refused that she didnt receive any gifts at the time of marriage .. So father filed private complaint against daughter but magistrate dismissed .. If gather challenges this dismissal is their sny merits to suceed