Kvijay12345
29 April 2015 at 19:43
Consumer had brought many discrepancies found in the loan documents into the notice of the NBFC.There was a dispute over those loan documents including the loan agreement. Instead of solving the dispute, the NBFC got the arbitration award passed in its favor without the knowledge to the consumer and towed away his vehicle forcibly without giving any intimation to him or local police station and also without giving the copy of this arbitration award to the consumer. The consumer therefore moved to the District Consumer Forum seeking for the compensation.Now the NBFC have filed their say stating they have possesed the vehicle with the help of that arbitration award.I have heard that such disputed loan documents can not be utilised for arbitration proceedings before solving the dispute and an award based on these disputed papers is invalid.Can the disputed loan documents including the loan agreement be utilised for arbitration proceedings and the arbitration award be passed based on those disputed loan documents? Is such an arbitration award passed based on the disputed loan documents is valid and can the vehicle financed be towed away with the help of such an arbitration award by the NBFC without going through Execution proceeding in the civil court to repossess the vehicle? under which section of the The Arbitration and Conciliation Act, 1996,the award passed on the disputed papers is invalid?
RAMA BALAN
29 April 2015 at 19:32
Hy, am a bit confused about the stamp duty about gifted property. I have been taying in my youger sister's flat for last 10 yrs and have been paying all the dues. She wishes to get the flat to me. Please advise me as to whether I have to pay stamp duty if she makes a gift deed gifting me the property. Am given varying opinions. 1. Only an older sister can gift a property to a younger person(she is my younger sister). Do you have any lawyer partners in Bombay
jenniferjoseph
29 April 2015 at 18:39
Dear Sir
I am the owner and i am paying the emi till date from my account. There is no co owner and co applicant in the flat agreement.
Now i want to dispose the flat but my husband is not allowing me to do the same.
The problem is that with my name my husband name is added ( which is after marriage)
I wanted to know whether he has any right on it or he can put a stay to stop the sale of flat.
Also he had only contributed some 1 lac and erst was paid by my brother. And he is not providing me and my daughter for the expnses for the last 2 years.
IK
29 April 2015 at 18:02
To
Legal Experts
Sub:
1) Divorce under Muslim Marriage Law
2) Marriage taken place at Andhra. Boy is from Karnataka & Girl is from Andhra
3) Both families residing in Saudi, (the boy family & girl family) The boy is working.
4) Daily she tortures with cruelty on the boy for money and property
5) Girl not at home went away taking her belongings and our money which was kept at home.
6) Wife and her relatives harassing the boy and his family members.
7) She ill-treat boy’s family.
8) She is also suffering from ovarian cyst/tumor and unable to get pregnant.
I am Mr.I.KSyed citizen of India and origin from Karnataka state, working in Saudi.
I have some queries and require legal advice with Citations and Judgement from you. It would be highly appreciated in this regards.
Matter:
We are muslim by religion and origin from Karnataka state. This is regarding my son who we arranged a marriage to a girl from Andhra Pradesh.
Both boy and girl families are staying in Saudi. The marriage had taken place in Andhra because of her hometown.
The marriage was solemnized in presence of khazi, witnesses and relative & friends.
Now, from the day of marriage the girl started to show her cruelty towards the boy and always tried to show herself in arrogance.
This shows that she is not married as a wife or daughter-in-law. Her intention shows that she just wanted our money and property.
Without any proper reasons, she blames, becomes angry and abuse the boy as well use vulgar words to boy’s relatives. She wanted break household things.
We are fed up of her and her relatives behaviour. Once after marriage even her father mother don’t talk to us in proper manner. It shows they intention is bad.
The marriage has been just 7 months. The marriage formalities performed in proper manner as per Muslim Shariah law.
From past 7 months of torture mentally and physically arrogance towards the boy and towards us.
Also Now its been 7 months and still she did not get pregnant. So, boy’s mother called her mother and taken the girl to the doctor for checkup. The lady doctor checked thoroughly scans, blood test, & other test. Then we got the medical report as she is suffering from ovarian cyst/tumor. That’s why she is not getting pregnant. Doctor prescribed treatment which is of long course.
Our family was shocked and boy is completely disturb because this is the part for giving birth child. But we were silent and left it on God.
But on the faces and behaviour of the girl & her parents, it is not at all upset as if they knew it earlier.
Now, after few days she started targeting my mother and brother. Because we came to know her illness, she started abusing all front of the boy. Even she shouts loudly at boy’s mother.
The boy get upset daily because of her cruel attitude. He has work office. Whenever he is back home, he feel his life is in danger with the girl.
One night she started shouting at the boy and called her parents suddenly. Her parents instead of consulting boy’s parents/elders, they barged into the house and started abusing the mother, brother and the boy. We were shocked due to their misbehaviour. And she taken all her belongings, and even huge money which we had in home. This looks like pre-planned. They even threaten the boy and his family. Even her father mother forcing the boy to give Talaq to the girl. The boy went away without responding to the forceful pressure.
Now, still 7 days she is not back. Now, even we are fed up with her ill-treatment cruel behaviour. She got married with only intention to get money and property in India. So, the boy and his family don’t want her again. And she left our house without our consent.
Now the issues:
1) What will they do to the boy and his family
2) What is the Procedure of Separation as per Muslim Law
3) We don’t want to pay her any maintenance or any kind of financial assistance.
4) Whether it is better to give Talaq from boy side or tell them to take Khula from girl side
5) If boy gives Talaq, will he be entitled to pay maintenance or give some property or any other demands.
6) If girl gives Khula, will the boy be safer side. Whether again he will be entitled to pay maintenance or give some property or any other demands
7) The boy is ready to pay her the Mahr according to the marriage agreement.
8) Now, both the families are in Saudi. What is procedure. Can we get separate here itself or should we be in India. Marriage was in Andhra. But we belong to Karnataka.
Please guide and advice regarding this issue.
Thank You
AJIT KAWATKAR
29 April 2015 at 17:36
a hindu spinster aged 89 died recently[2014] in Mumbai.On search we found a WILL written in yr 2003.it seems to be in order.
Nephews[2] as executors & only one beneficiary[youngest brother] has been mentioned in the will also,
the Immovable ppty has been classified as 1] fully owned [residential flat in Aurangabad]
2] jointly held [commercial] with ppty card entry 50-50 % in Aurangabad
3] common family [brothers & sisters] flat in Mumbai -share certificate in Brother's name [since died] -No documentary proof to prove her share/contribution in the ppty.
The FAMILY TREE is as follows :-
* [6] brothers [3 died prior to her] 3 heirs ** [5]sisters including she -[3 died prior to her]-8 heirs
Q 1]taking into a/c classification of ppty where to apply for probate Mumbai or Aurangabad ? Q2] who all are her HEirs to whom notices to b served mandatorily ? Q 3] if the notices r to b served whether PUBLIC NOTICE could b a option legally? Q4]whether court issues the notices[since fees r paid] or appointed lawyer ?
SAA_Bombay
29 April 2015 at 16:58
Dear Experts,
One of the member from our Society has not paid transfer fee while he purchased the flat approx 12 years back. Now, he wants to sell flat & society discovered that transfer fee is pending. What should society do? should society collect transfer fee as per current applicable rate or rate that was 12 years back? & again, when he will sell his flat to third party, even that time he has to pay transfer fee? Pls advice.
askar
29 April 2015 at 16:54
My advocate says there is no Lookout circular for Private Complaint.
Is he correct?
If he is wrong please tell me what is the procedure to issue a LOC? Also provide me any citation if possible.
himrathore
29 April 2015 at 15:57
How is stamp duty calculated for under construction apartments, where distribution of cost is as follows:
Basic Selling price : A
Preferential Location Charges :B
Parking charges : C
IFMS (Int. free maintainence security) : D
External/Internal Dev charges : E
Club Membership : F
While the builder has agreed to execute conveyance deeds for direct buyers on stamp duty paid on (A+B+C) but on the other hand for transfer cases he is asking on full amount i.e. (A+B+C+D+E+F).
While I have seen registry copies of big builders where stamp duty is only paid on A+B+C for transfer cases as well, can anyone please guide on the matter.
virender singh
29 April 2015 at 14:41
Pl. guide us how to suspend permanent worker in our plant/factory for not obeying the orders of immediate boss/superwiser.Can we suspend him or restrict his gate entry for a week or remove him from duties,what is the procedure,kindly guide.
Virender Singh
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Share of property
My paternal grandfather (mother's father) had one son and one daughter (my mother). He died in the year 1926. All the land in his name passed on to his son (my maternal uncle) as there was no formal partition between him and my mother as was the custom at that time. He (my maternal uncle) too passed away in 1999 and my mother also passed away in 1997. Now the land in his (my maternal uncle) name is being partitioned between his son's and daughters. My question is
1) Can I claim, 50% of the property which belong to my paternal grandfather according to the Hindu succession act as amended in 2005.
2)If no, then do I hv right to the property as per Hindu succession act 1956 or earlier? if yes then how much?
with thanks