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

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v.venkatesan   04 November 2014 at 20:11

Query

I HAVE MY MOHTERS PROPERTY.

ME AND MY SISTER ARE THE LEGAL HEIRS.

MYSELF DO NOT HAVE PROPER SALARY TO RUN THE FAMILY AND ALSO UNMARRIED AND AGED 47 YEARS.

I AM VERY MUCH WANT TO GIVE THE SHARE BUT I HAVE ASKED TIME BUT SHE REFUSED

NOW MY SISTER WANTS TO TAKE THE SHARE, SHE IS TELLING IF I LEGALLY SUIT YOU, YOU ARE AT LOSS.

KINDLY DETAIL ITS IMPLIATIONS

THANKS AND REGARDS,

sujan shah   04 November 2014 at 19:41

Delayed pocession of bunglow but the overall scheme not ready

I have bought a 2 bed room bungalow just outside Ahmadabad before 4 and half years. i have got in to sale agreement ( Registered Banakhat ) with the builder and in that Registered sale deed the procession date is also mentioned. Its more than 18 months of delay from the stated procession date and he has still not given the procession of my bungalow and still keeps giving me targets of 2 months and things are being further delayed. The quality of construction is also deteriorating due to the house left half constructed abandoned.( i have taken pics at regular intervals during my visit on site)

I have 3 questions

1) First he need to gives me the procession of my bungalow in next 2 months, as per what he is saying now.


2) and secondly even if he gives me the procession of my Bunglow ,what about the other Infrastructure like electricity ,water ,drainage ,roads etc to use ,as the overall premise is in no state that I can even access it at night and reach at my house with no light in common areas/roads.

3) I have made the entire payment at the time of booking only. There are no dues I have to pay to the builder.Am i liable for any kind of compensations?

Can anything be done to pressurize the developer to complete entire scheme ??

Thanks in advance

LAWYER ASSOCIATES   04 November 2014 at 19:39

Can a chartered accountant be appointed as arbitrator

Can a CA BE appointed as arbitrator. If yes, than is there any eligibility criteria for CA like that much experience.

csviveksharma09@gmail.com   04 November 2014 at 19:25

Agreement of loan by company from its director

Dear Members,


Kindly provide me a Draft Agreement of Unsecured loan taken by Pvt Company from one of its Director at Interest.

From
Vivek Kumar Sharma

samar sandhu   04 November 2014 at 19:24

School in the middle of the residential area

We have been facing following problems:

1. Noise pollution caused by the loudspeaker, school band and blowing of horns has lead to deprivation of sleep of the residents. This can further cause various health problems including hypertension, high blood pressure and other ailments. Vehicular pollution causing bad air quality poses a serious health risk.
2. There are about twenty buses that keep on roaming at high speed in the streets from morning till evening blatantly flouting the prescribed maximum speed limit regulations. This endangers the lives of the residents especially the young children.
3. There is no school parking for visitors and other private vans. This leads to huge traffic stuck up on the streets, incessant blowing of horns causing inconvenience and disruption of normal routine of the local residents.
4. The vehicles including private vans and three wheelers parked right outside the residence are a constant source of botheration to the residents, depriving them their right to privacy and in some cases even leading to altercations.
5.The school has been blatantly flouting all the rules in the book including pollution norms, building norms.
6.The site was for a government primary school but for some unknown reasons auctioned to a private school which now runs with a strength of 1800 students l.
7.The public parks outside school are used by school bus drivers for the whole day and littered all over, a community rink hall is used by the school for functions, games etc.
8.Residents are not able to sit outside their house because of the 4 storeyed school building staring right at their face. There has even been cases of hooting and howling by school students.
9.The women of the house are uncomfortable while going outside because of dozens of drivers standing outside for hours.
10.The rate of property has come down drastically because of the nuisance caused by the school.
In addition, no consent of the local residents was taken while altering the master plan for the building of the school till higher secondary level (earlier primary school site), which is a grave injustice, and against the norms.As per zoning regulations and sub division clauses for Master Plans in Punjab / Govt. Policies area required for a senior/higher secondary school is 2.5 ha but the school has an area of only 1.7 ha.
Please suggest a legal remedy.

Shivkant Singhal   04 November 2014 at 18:59

Correction deed

I had purchased a commercial property in Bahadurgarh in Haryana. All documentation, payments, sales deed and registry happened as unit no 9.


On the other side, builder when launched the project, developed 12 shops and provide the serial number to each shop as 1 to 12. Due to some reasons, builder collapsed shop no 1 & 2 and remain the serial number for other shops (3 to 12) as it is. Shop owners of unit number 1 & 2 were compensated by builder separately.


After 18 months of the registry, builders is asking for correction deed and change the shop no from unit 9 to unit 7. Builder is giving fresh number to all remaining 10 shops from 1 to 10. Which means every shop will be given new unit number which is less than 2 as original unit number. Means shop number 3 will be know as 1 and shop number 12 will be known as shop 10 and like so.

Builder is bearing all the legal charges in this regards and said this is normal practice in property cases.

I have two queries now:

(A) Is there any harm if correction deed happened because all previous communications and documentations happened in the name of unit no 9 ?

(B) If this is normal case, What precautions I should take and what are all documents I should ask the builder to give me in support of this correction deed so that I should not have any problem in future while sale/ purchase and renting agreement with any private and government agency.

Please note that builder is terming this as "Typographical" error in correction deed

Thanks

Rastogi   04 November 2014 at 18:57

Relief

Can the grounds of relief claimed in original suit be amended in First appeal?

Kuldip Hulani   04 November 2014 at 17:21

Gift deed

My client wants gift of 5 lakh cash from his father..then how much stamp duty is require?

"Stamp duty is applicable even if the transfer of jewellery to relatives through a gift deed is not registered," says Nerlekar.

Sir, above statement about movable property is adopted from Economic Times.

http://articles.economictimes.indiatimes.com/2011-05-12/news/29536095_1_donee-gift-deed-immovable-property

Nitin Patil   04 November 2014 at 16:42

Ancestral property

My Grand mother has 5 brothers and 1 sister, Grand mothers father had land property which is cultivated by the all bothers after demise of father , now they sold the same to developer and he is developing the building on that land can we claim for share in property legally.

Priti Kishor Totala.   04 November 2014 at 16:34

Inherited property

Dear Sir/ Madam,

Please suggest me case laws or sections of Act under which
- one cannot transfer inherited property in the name of only one heir without taking "registered hakka sod patra" from another legal heir.

Thanks,