SANDEEP GONDALE
25 June 2015 at 16:04
Dear All,
Following are the Facts of My query:
I have executed an Agreement with a Contractor to complete a specific Task/work within 2 year. And from the Date of Completion to provide 06 months (Mistake in Contract) post completion services.
During the Course of negotiation, as recorded in Minutes of Meeting, Contractor agreed to provide 01 years post completion services, but due to mistake/error unfortunately 06 months recorded in the executed contract.
The Contract also says that “Agreement supersedes all communication, negotiations and Agreement (whether written or oral) of the parties with respect thereto made prior to the date of Agreement”
Please suggest any way out in this case as the Contractor is now denying his responsibility with a plea that 06 months recorded in executed Agreement between us.
More Specifically I am concern with the status of the Contract in view of Section-20 (Agreement void where both parties are under mistake as to matter of fact) of Indian Contract Act .
shital
25 June 2015 at 16:00
My husband is not present for recovery case in court. I dont know his address where he live and work as he left from previous work and house. What action i can take against him and how
Kvijay12345
25 June 2015 at 15:58
The arbitration award was passed at Worli,Mumbai. In Which court this Arbitration award can be challenged? I mean where the appeal against the arbitration award be filed?
Vijay Kumar
25 June 2015 at 14:37
Dear Sir,
My father had nominated myself and my brother in a flat he owned in Mumbai. After my fathers death, society transferred the shares in the name of my brother and myself on the basis of my fathers nomination.
Now I want to relinquish my 50% shares in the name of my brother. The society says, I have to give an Affidavit to that effect. Besides my wife, I have one son aged 18 and daughter aged 14.
Please advise me on the format of the Affidavit to be given to the society.
Your advise on the matter is appreciated.
Best Regards
Vijay Nair
rabi
25 June 2015 at 14:33
Sir, I am an exsevicemen retired from Air force on 31 Aug 2014. As per the guidelines issued by department of personell and training (DOPT) Notification 36034/5/85'Estt (SCT) dt 27 Oct 86 and Gazette of India letter dt 10 Oct 12, a person serving in Armed forces is permitted to apply in exsevicemen category for reemployment one year prior to his completion of assignment or he should be retired within one from the last date of receipt of application.
I had applied for the post of postal Assistant in the recruitment process 2013-14. I filled up online regn in mar 2014 for which last date of receipt of application was 27 Mar 14. I selected for the post but my candidature had been cancelled by Odisha postal circle for the reason that at the time of online application regn, I was serving, where as many of my friends who applied with me for the job while in service from different postal circle of India and retired after me are already employed in different postal circle. After showing all guidelines and facts Odisha Postal Circle is not even to listen to me. I don't have much financial capacity to go for legal solution as I belongs to a very poor family. Already written to director general of post, telecom ministry, dopt ,but no solution. Plz advice.
Tapan kumar
25 June 2015 at 13:15
Dear Professionals,
Greetings
I have a confusion on some property transfer issue as follow
My father is going to purchase a jointly held house property situate in Odisha, but the problem is both the owner are stay in Raipur and the 1st holder(wife) is not able to come for registration of the transfer for her health problems, but agrees to give POA to her husband (the 2nd holder) to register the same in odisha, so now my question is can she do so...and sir I humbly request to you all professional to guide me regarding the legal issue and solutions to validly transfer the property....In wating of yours valuable advice
Regads.
CS. Tapan Kumar
arunkumark
25 June 2015 at 12:50
In a criminal case filed by state of maharashtra in 2001 scheduled for the hearing in 2014.The jmfc court served the summons for the witness no 1/complainant in 2013. till today he is avoiding to appear in the court giving flimsy grounds and jmfc court is not taking any further steps for the same though requested several times. The court is also requested to call other witnesses to speed up and finish up the matter. In such case dismisal application is recomended or straight way approach high court under 384 for quashing the case?
Experts please advise.
Bhawani Singh Bhati
25 June 2015 at 12:23
Dear Sir,
I have purchase flat – resale and my old owner has already given conveyance changes and registration and stump duty fees to society, still society wants me to pay the same charges again. they are saying if deeds are not done till now you have to pay, once deed is done you don’t need to pay this charges.
I want to know if bylaws has any such procedure, please let me know as he was saying this is written in the bylaws and rule of gov.
Please help me as thy asking society transfer fees + conveyance charges + stamp duty registration charges.
v.jayachandran
25 June 2015 at 12:00
My client was arrested without serving quit india notice u/s 3(2)(c) of foreigners act but remanded u/s 14 of foreigners act. I am challenging its validity? Any related judgements in this regard friends?
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Gift deed within a family (between brothers)
X (Father) has 4 sons A,B,C,D (older to younger brother in order)
X stayed with B and D in Mumbai in a rented room and were working in Mumbai for many years. A and C stayed back in village in ancestral property and worked there. The plot owner of Mumbai decided to sell the property to a builder to construct a building and hence X was allotted 1BHK flat in the building as part of agreement. During this period,X was not in pink of his health and hence he made a power of attorney that new flat should be in name of B and D and X went back to village to stay with A and C. He died after couple of years. Its been 30 years now, B and C still live in Mumbai and C is staying alone in village (A died 10 years back). Property in Mumbai is in the name of B and D respectively.
Recently, since B who is a bachelor throughout his life, made a gift deed in favor of D, executed and registered with Registrar office, Mumbai. D is still doing his moral responsibility of looking after his brother both financially and medically.
Question:
1. C is in village but can he challenge the gift deed on ground that B is not medically fit and not in sound mental condition to perform gift deed (B is 72+ years, weak but mentally sound)?
2. Is there any period that after that no claim can be made on gift deed. I mean, gift deed cannot be challenged by any one.
3. What if B has left a will and named C and D as a heir to his share of property? What happens to gift deed. What supersedes what? Gift Deed or Will?