Shankar Mohan
14 August 2014 at 12:09
I have the following query:
My father-in-law bought a flat in Dombivili in the year 1990. He passed away one year back in an accident. He has mentioned his wife's name as nominee in the society application as well. However, the property was not registered (even the agreement was not done with stamp duty). But the society is very understanding and told us that they can transfer the flat to my mother in law's name after submission of supporting documents.
Now my queries are as follows:
a. Is Death certificate enough or should it be certified by a notary? (My father in law died in his home town in Kerala(South India)- infact this notary idea was suggested by the chairman of the the co-op society in Dombivili (he stated that he isn't aware of the legal formalities much)
b. What other documents are required for property transfer on death to widow?.
C. Would a registration be required for the flat on property transfer(as it was not registered before) and also should we pay any stamp duty?.
d. If we want to sell the property in future (say within an year or so), what are the legal implications and what formalities are required for this procedure. Should a new agreement be made for transfer of flat to my mother-in-law's name and then make a sale deed with the buyer and seller(my Mother-in-law).
Please advise.
Thank you
Best regards
Shankar Mohan
Kakoli Roy
14 August 2014 at 11:29
Our landlord had filed an eviction suit against my husband with the plea that he needed the space for his own use. The court constituted a commission which looked into the matter and said that he had sufficient space and did not need our space. As soon as the commission filed its report with the court, the landlord withdrew that case voluntarily.
Subsequently, he has filed another eviction suit on same terms with the same court but before a different judge. Again, a commission has been constituted.
Can he do this? Does it not amount to harrassment? What remedy do we have?
SHIESTA007
14 August 2014 at 10:54
Dear team,
Can the Nationalised Bank of India advance loan to property which is under litigation.
The suit was pending in civil court. Meantime the defendants made a plot to sell the property among their member and raise the construction on the suit property. But the high court ordered stay and in-spite of the stay they continued with the construction and when contempt was filed the commissioner was ordered to take care that the construction should not be continued.
The new purchaser who went with the illegal construction without the permission on the property took a loan at a bank. He is routing out the public money for his personal needs with high handedness of the bank officals on the litigation property.
please guide : can a person route out money for his personal needs when the property is under litigation?
The trial court has cancelled all the fraudulent sale deeds.
who is the best authority to complain or get the scam out to the public. I have got enough documentary evidences to show how the money was routed out.
shukla kapil
14 August 2014 at 10:19
Can anyone plz provide me the MUMBAI BIRTH DEATH AND MARRIAGE RULES 1886
Jyoti Sarkar
14 August 2014 at 09:59
Hello,
My daughter is 5 years old and studying in upper k.g. in a cbse recognized school.she keeps telling me that her teachers beat her and other children when they are unable to answer their questions.
I am aware of RTE clauses which prohibit physical and mental punishment to students and that it may attract disciplinary action against the teacher.
I want to know how do I approach the principal about this.My daughter is expressing her disinterest in going to school.
Thanks,
Jyoti
Prasad
14 August 2014 at 09:29
Reproduced below a expert opinion( Raju O F) on my query.
Don't be jealous. This is the order of the day. People in position, make lot of money, 99% illegally. Who can stop it. Daily we read in papers, about people of all walks of life. Do not spoil your energy, money and tension on thinking about these things. Much of such illegal money are going to hospitals. Let God Almighty take care of them.
First of all Namasathe to you sir .I think now every problem we face in society if it illegal also we have to say to GOD for taking care THAN depend on lawyers . I doubt the reply given by this sir is not a Professional lawyer and if he is a lawyer he would not replied me this way. May his GOD take care of him
kumar
14 August 2014 at 08:50
A grand father executes the will to her 3 grand daughters on a single property. But one more grand daughter born after 3 months of executing the will. Probably the child inside may not have striked during the will those days (1978). In will dughter in law (mother of the female childs mentioned in will) as kept guardian till the children comes to major. All of them are major now. But the fourth one has not been given so far anything and the proeprty is also not disposed off.
Is this fourth daughter born after the will can ask for an equal share and is she eligible for rights? Please guide me.
As grand father executed the will, is this proeprty becomes ancestral?
Thanks in advance!
GANGAM.RAJENDER.
14 August 2014 at 07:03
respected experts,
the suit shedule property was ancestral property the property belongs to grand father which was orally partitioned amongst the sons(x1,x2) of grand father and they are enjoying the property individually since then.
x1 has two childrens (one male y1 minor,one female y2 major).they are enjoying the property along with x1 as HUF.
x1 has entered in to the sale deed and registered the property to third party without consent of the HUF members and the property was not partitioned by mates and bounds.
at present stage the suit is pending before the hon,ble dist court.
x1 and y2 are died.
Q1.NOW Y1 (BIRTH 1952)AND HIS CHILDREN FILED THE CASE AGAINST THE LEGAL HAIRS OF THE PURCHASERS,Y1 HAS PATTADAR PASSBOOK AND
TITLE DEEDS .WILL THEY (Y1 FAMILY) HAVE ANY RIGHT IN THE SAID PROPERTY.
Q2.X1 HAS ANY RIGHT TO SELL THE HUF ANCESTRAL PROPERTY WITHOUT CONSENT OF COPARCENERS(Y1,Y2) OF THE HUF.X1 DIED IN THE YEAR 1997 AND Y2 IN THE YEAR 2004.
THANK YOU SIR.
Manjappa
14 August 2014 at 01:57
My actual cast is Ganiga belongs to category 2A, but in my transfer certificate it has been mentioned as Lingayat (3B). What is the procedure to take cast certificate in 2A and changing the cast in transfer certificate. Please guide in this matter
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Revised listing agreement on related party transactions
Dear Co-professionals,
I have following queries on compliance related to related party transactions (RPT) under revised Clause 49 w.e.f. Oct 1, 2014:
Query 1: From the definition of RPT under revised Cl 49–‘a transfer of resources, services or obligations between a company and a related party, regardless of whether a price is charged’, does the expression ‘transfer of resources or obligation’ also cover loans, investments, provision of security or guarantee by a listed entity to its related parties? if yes, provide some other activities which also would be covered under these?
Query 2: Material RPT defined as ‘a transaction with a related party shall be considered material if the transaction / transactions to be entered into individually or taken together with previous transactions during a financial year, exceeds five percent of the annual turnover or twenty percent of the net worth of the company as per the last audited financial statements of the company, whichever is higher’
In case, there are transactions with related party of different nature such as purchase transactions, sale transactions, transactions related to leasing of properties, while identifying material RPTs, do we have to club all kinds of RPTs as under expression used ’taken together’ (i.e. Clubbing sales, purchase, lease transactions together and check if the aggregate value exceeds given threshold limits OR to club RPTs of only similar nature (i.e. Clubbing of only all the purchase transactions and check if the aggregate value of purchase transactions exceeds given threshold limits)?
Query 3: As per point no. 4.2 - the provisions of Clause 49(VII) as given in Part-B shall be applicable to all prospective transactions. All existing material related party contracts or arrangements as on the date of this circular which are likely to continue beyond March 31, 2015 shall be placed for approval of the shareholders in the first General Meeting subsequent to October 01, 2014. However, a company may choose to get such contracts approved by the shareholders even before October 01, 2014.
From this para, I understand we need to consider the value of only those contracts or arrangement with related party existing on the date of circular i.e. April 17, 2014 and continuing beyond March 2015. But do we have to consider value of each contract or arrangement or need to take the aggregate value of all the contracts or arrangements with the related party to identify if they are material contracts/arrangements?
Request valuable inputs on these especially from those who have practically handled these issues.
Regards
CS Chandrashekar K
9743148312