Rastogi
18 August 2015 at 22:52
My client executed a usufructuary mortgage for one acre for a period of 3 years for INR 10000 and delivered the possession to mortgagee
After 2 years, my client executed one more mortgage deed for 2 acre including the first one mentioned above for INR 20000 with a condition that he should redeem the first mortgage and take the delivery.
will second mortgage will be still considered as usufructuary mortgage since there was no delivery of possession to the extent of one acre at the time of creation of second mortgage deed.
Suraj Vishwakarma
18 August 2015 at 22:07
0n 1st August,2009 A Perpetual Lease Deed was executed and registered by the Mumbai Development Authority(MDA) in Favour of "Y",In clause 4(a) of the Deed It provides that "the possession of the Plot could not be transferred except the consent of the MDA, it is further provided that the consent for transfer shall not be given for a period of 10 years (i.e. upto 1st August,2019), unless in the opinion of the MDA exceptional circumstances existed for the grant of such consent.
In 2014 "Y" constructed a building over plot and ready to sell it to "X". The parties entered into Lease Deed. on next date party entered into the Agreement for sell and paid Rs.xx amount toward property and balance Rs.xxx was payable within one month of the notice of "Y" that the permission of the MDA had been secured. (In clause 3(B) of Agreement between "X" & "Y" if permission required were not obtain by "Y" form MDA within 12 months from the date of the Agreement to sell. the Agreement was terminable only at the option of the "X". and the amount paid toward the Agreement become adjustable by the "Y" against future rent for the said building in purchaser capacity.
on 2015 MDA declined to grant the permission for transfer of the property on the grounds that the 10 years period in the Perpetual Lease Deed had not expired.
on 2015, "Y" informed "X" about MDA rejection letter and sent a cheque of Rs.xx on the ground that the Agreement to sell stood terminated / frustrated on account of MDA rejection.
in response "X" inform that we both aware the fact and issues framed by the MDA, which "X" had decided not to exercise and consequently the Agreement to sell was very alive.
Consequently "X" filed a Suit for Specific performance of the Agreement to sell.
Know my Question is that.
1. whether "X" is entitled to specific performance of the Agreement to Sell.
( If Yes then why, & if No then Why )
2. whether Agreement to sell is a contingent contract and wether the same stood frustrated on account of rejection by the MDA.
( If Yes then why, & if No then Why )
3. Whether the terms of the Agreement to sell require "Y" to make a subsequent application despite MDA rejection in the first instance.
( If Yes then why, & if No then Why )
kindly mention the section according to which it is..
Thanking you.............
syed niaz ahmed shah
18 August 2015 at 21:53
can any partner or director arbitrarily without settlement of accounts or acceptance of the date for division takeover a company or firm and by fraud change the shares of the company or partnership without the knowledge or attorney of the person whose shares have been changed .
what should the Arbitrator if made do , whether to accept the date of division or verify the facts and if facts are correct as said above can the guilty be booked under any criminal act and partnership act and companies act
Anonymous
18 August 2015 at 20:41
my grandfather died in nov 2013. he had 5 sons from whom one is no more.my grandfather has made a fourth will in which he has given one house and his agricultural land to my father. but my fathers brothers have implemented the 1st will last year in which the property is in there name. and this year we have implented the 4th fill ...but patwari by mistake has implented the both wills. which will is valid will 1st aur 4th?? what to do to implement the 4th will..??
sriramji
18 August 2015 at 20:13
Sir, in order to purchase a plot i approached one of our panel lawyer for legal opinion(I 'm bank staff). Almost 1 month gone. He was busy with his job.
Whenever I see him, he use to say come by next week. At present this lawyer know some details about the plot. If i choose another lawyer it will take again more is no. Of days. Is it his duty to give legal opinion or will he simply postpone as per his wish. I have submitted the papers asked by him too.please guide me
kishorchandra p mehta
18 August 2015 at 20:09
Sir,
My friend has been served summons under Guj.state co.operative societies 1961 Sec 99(4) by Board of Nominees,Rajkot.
In this connection, would anybody guide me wherefrom I can get the contents & details of the said section to enable him to proceed further.
Thanks.
K.P.MEHTA.
awadhesh khadiwala
18 August 2015 at 19:58
आज से ढाईसाल पहले दो साल के बच्चे का अपहरण फिरौती के लिए हुआ था फिरौती मोबाइल से मागी गई पुलिस ने सर्विलाँस के आधार पर अभियुक्तोँ की गिरफ्तारी की दो मोबाईल बरामद किया जिनमे सिम का प्रयोघ हुआ था परन्तु सिम बरमद नहीँ हुआ जो दो सिम बरामद हुए पुलिस ने उनके मालिको के नाम पता नहीँ किए गवाह सूची मे सर्विलाँसकर्मी का नाम नहीँ है 364AIPC मेचार्जसीट फाईल कर दी66AIT ACT का चार्ज और लगा और गवाही शुरु हो गई है क्या और विवेचना के लिए वादी द्वारा आवेदन किया जा सकता है
Abhishek
18 August 2015 at 19:55
Hi, I am on probation period of 2 years from 27nov2014, as a graduate apprentice trainee based on a contract, saying, "fixed contract basis from 27nov2014 to 26nov2016".
now i just dont want continue in this job, I am resigning but as per my contract,
"during the traineeship period you will be required to serve a notice period of one month at the time of resignation. In case the company decides to terminate your contract, except for cases of indiscipline, misbehavior and nonperformance, similar notice period of one month shall be applicable. the company solely at it discretion can reduce the notice period after deducting or compensating the basic pay as the case may be in lieu of the notice period."
now my question is, i am a trainee and i have not even completed 9 months, how much notice period should i give? I am ready to pay in money as i can serve only 14days more.
I am right now in bhuj,gujarat,India.
please guide me. I have to write that in my resignation letter, it is drafted just i have to place the dates. I am already late in giving this.
vijay
18 August 2015 at 19:44
I have given our flat on rent in Kolkatta. Recently we got it vacated. At the time of agreement, party gave us few blank signed cheques of Rs. 20,000/-each (4 Nos) as security. He vacated the flat without paying us one month rent i.e Rs. 20,000/- and promise to pay this amount within a month through RTGS in our bank inspite of several reminders he is not paying money as we are residing in Delhi.
Now we have to come the security cheques from HDFC Kolkatta have been stopped by him. Kindly tell us how can we recover our payment of Rs. 20,000/-
He has given a written statement in his hand writing that he will pay our dues Rs. 20,000/- within 15 days but he didnot
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Legal registry address suggestion
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