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

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Bhuvaneshwari   10 December 2014 at 15:47

Regarding the parking allotment

Dear All

I have booked an apartment during January 2012 and now have taken possesion. At the time of booking builder assured for a parking in my block and have charged 2 lac additionally for the covered car parking. Initially the builder showed a plan for stilt + 4 floors and after 6 months increased it to stilt + 7 floors. Now they have allotted the parking in someother block stating the following reasons. Request an expert advise on this.

We have followed the PRAT method of allocation of car parking. This is general method used to allocate car park in any said community above 250 homes. This method will prioritize the car parks according to the set standards randomly. We as a developer will not be able to allocate all clients of a block with covered car parks in their respective blocks as per the architect designed number of units in a block. Understanding the practicality and non-feasibility only we have been commonly authorized by the statutory to use this method of allocation.


We as a developer have also agreed the same in our mutually agreed agreement that "Car parking space is allotted by the Developer to the Allotee anywhere in the project complex individually and it is not necessary agreed to allot in the said buildings. Hope you would understand the practicality and appreciate the nearness of your car parking to your block.

But Parking allotted in the same block who have made the booking after me. Please suggest how should I proceed in this.

ajit   10 December 2014 at 15:28

children custody

My wife left my home and my 3 children in my parents home and then i filed divorce cas3 and my parents has debarred(bedakhal)me from their property and now i live in other house on rent now my question is that if my wife will come to my parent home to take her children then what should they do can they stop her for taking children or they can say take their custody from court does she has right to call police for her children custody as i m not leaving there

Amit   10 December 2014 at 15:09

Stampduty on transfer deeds

Dear Members

Can any one provide the procedure involved or whom to approach for Franking / Stamping of Transfer Deeds in the state of Gujarat?

The amount of stamp duty is of high value.

Thanks in Advance.
Amit

nazia kouser   10 December 2014 at 14:53

Law of torts

hello sir/madam,
I am 1st year law student,
there is a problem which i am not able to solve:
"Plaintiff, the owner of a coal mines, brought an action against defendant, a Miner's Union, for inducing its workmen to make them to take certain holidays, for keep up the price of coal, by that plaintiff suffered loss, whether the defendant's are liable?"
Sir, please someone help me out in solving this problem
and where should i refer important case laws from?

MAHENDRA CHAUDHARY   10 December 2014 at 14:22

Transfer for property

AT THE TIME OF PARTITION BETWEEN 2 BROTHERS PROPERTY OF BIG BROTHER TRANSFERRED TO SMALL BROTHER.
SO TO LEGALLY REGISTER THE PROPERTY IN NAME OF SMALL BROTHER WHICH OPTION IS BENEFICIAL TO SAVE STAMP DUTY.
1 ) TO EXECUTE GIFT DEED OR
2 ) TO EXECUTE SALE DEED OR
3 ) TO EXECUTE A DEED FOR RELEASE IN
PROPERTY RIGHTS.


ak yadav   10 December 2014 at 13:56

About contempt of court proceedings

Sir,
1. If the court has given a standing stay order in year 2003 to the applicant in a land dispute and the same has not been followed by the opponent and the applicant urged to many officials and authority about the same.The applicant was not aware about the subject proceedings.Now pls guide me.Can applicant move with the contempt of court proceedings against the 11 years old stay order which is still in operation.
2 .Pls guide if there is time limits for appeal and the finalization of the .

thanx sir.

Amit Jagda   10 December 2014 at 13:40

Stamp duty

I had purchased a flat in 2013 .I am the third ownwe.The first agreement which was made in 1992 between builder and first ownwer was lost and the stamp duty is still not paid.I have all the documents like Xerox agreement,paper notice and FIR report from police station.Now ,I want to pay the pending stamp duty and registration charges of the first owner and clear this matter.

So can i pay...

1)The stamp duty and registration charges on Xerox agreement and what is procedure for that....

rajendra bhatia   10 December 2014 at 13:29

Prevailing law for eviction of house from illegal heir

I have residential premises in Gujarat which was given to a person known to my father.the person to whom premises given for residence purpose is expired and same premises presently occupied by his mistress which seems to be illegal heir.Under which law I can approach court of law.In this case whether FIR against mistress can be lodged?

Struggling Landlord   10 December 2014 at 13:29

Can i pray in plaint: deposite x amount in court till pendancy? donate 10% to legal poor welfare a/c

One of my old (40 yrs) tenant is paying 1 rs /sq ft where as adjacent shops are giving 100,150... 250 per sq ft) ?
Tenant is also landlord, he had rented his shop at Rs 70 /per sq ft in 1 km distance... Tenants says he will delay the case for 3-5 years..(also as did by other old adjacent tenants (7 yrs) during bonafied need litigations)...
So can I pray in PLAINT and ask to DEFENDANT to deposite at least 50/% ie (50rs per sq ft monthly rent in court till pendancy of suit...So that at least tenant shall also be punished/ have some trouble.. and may not prolong the suit?) , I am also ready to donate 10 % of deposite to legal welfare a/c for poors, So I can ask this type of prayer in my PLAINT for bonafied need for my wife...


I am landlord having more than 20 rented shops (heart of city), After long litigations I tried to vacate/increase rent etc. But some (2-3) tenants now become landlord (rented their owned shops at higher rent) But occupying my shops at very old rent...
As per MhRent C1999 act I can demand bonafied (I did so for another 3 shops and get them vacated for me)... While vacating I also kept humanity on top (by sharing with old tenants ..gave 1/3 shop though decree was for full shop tenant being poor)... But for these 3 tenants(who are now landlords ) I am demand bonafied need for my wife, I could not demand increase in rent (Since in MhRC1999 standard rent is not supporting for getting Fair rent, It says I can demand 4% per annum on base rent... and base rent is just 5% above rate of rent at 1987 rate...In this way it becomes just 1.80 rs per sq ft)

Thanks in advance

SANDEEP KUMAR   10 December 2014 at 13:11

Heavy penalty

In an enquiry for major penalty under rule 14 of ccs(cca) rules, the Government servant neither could produce defence assistant nor could cross examine witnesses as they were his bosses and were having sweet talks in the enquiry. He has been terminated. The charges were reaching late in the office. The penalty is much more heavy.

what should he do?