S.AROKIADOSS
19 May 2014 at 00:11
Sirs,
My son was dismissed from a Pvt. Ltd company unreasonably. His Salary for Oct 2013 which should have been paid on 31.10.2013 was withheld. On 16.11.2013 he was dismissed from service sighting flimsy reasons. This action was disputed in the court. After some counseling’s this matter was referred to the Labour Court in Chennai. My son was not ready to take the above salary and final settlement together as requested by the management during the counseling. Suddenly on 15.05.2014 before the case could be heard, the management deposited an amount in his savings account and informed my son through letter that his final settlement was deposited in his bank account.
My Question: Can the management deposit such amount as said without the consent of my son? Please advise how he should act pertaining to the money deposited?
anmbit
18 May 2014 at 23:47
Dear sir/madam
i want to purchase a flat where in my city my lawyer asked me for 2000 inr for buying selling property agreement and charging me 10,000 INR for as fees and another 10,000 INR extra for property name trasfer in muncipal corporation after stamp duty ®istration fees, i just want to know that is this ok ? is itnorman fees for document proccesing and his fees for this work or he is overcharging me ? Please get me ASAP to my email ID- anmbit_24365@rediffmail.com THANKS
kind regards
Suryakant Chaubal
18 May 2014 at 23:01
From : Prof Suryakant Chaubal
Flat No. 105, Neeta Chambers,
Shivajinagar,
PUNE 411005.
Cell : 9890041324
Dear Sir
(1)In the State of Maharashtra, there are two laws for the governance of housing compleses. (1) "Maharashtra Ownnership Flat Act, 1963" and (2)“Maharashtra Apartment Ownership Act, 1970”?
(2)Please point out salient differences between the two acts.
(3)How does one justify “Non-Occupancy Charges”? If the owner does not occupy the flat and either keeps it vacant or gives on rental, in what way this puts extra burden on the society for maintenance? On the contrary, if the flat is not occupied there is no consumption of water and there is no generation of garbage.
(4)The Association of Condominiums, where I own a flat and have given on rental, charges separately for maintenance of Club House, Gym, Swimming Pool, Garden etc. In spite of charging “non-occupancy charges” the Society does not allow these facilities to tenants. Can this be justified?
(5)Is there any way to redress grievances under 1970 Act?
In this respect, I received a communication, the relevant part of which I am reproducing here ;
Under 1963 Act the builder makes the sale deed with the Society and the Society becomes the owner of the land, all constructions on the land and all the flats. The flat owner gets only the occupation rights.
Under 1970 Act the builder makes sale deeds separately with each apartment owner. You become the owner of the flat and you are free to do whatever you want to do with your flat. You may give it on rent or
sell it off.
Under 1963 Act, once the Society is formed, the managing committee prepares by-laws which are applicable to all members. According to these bye-laws Society puts various restrictions on the members. For
example, if you want to give your flat on rent, you may have to take the permission of the Society. The Society may not allow the tenants who are a group of students, or a group of bachelors.
If you want to make any changes in the interior, you will have to take the permission of the Society. Remember that the building belongs to the Society and not to you.
If you want to sell the flat, you will have to get approval from the Society. The Society may not accept the buyer as a new member if, for example, he belongs to (or does not belong to) a particular community.
In most of the Housing Societies, according to their bye-laws, transfer fee is charged when a member sells his/her flat. The transfer fee may be 10% to 25% of the sale amount. The transfer fee is to be paid to the Society by the buyer or seller or be shared by them. The Society in Pune city, where I have a flat, charges 10% transfer fee.
Under 1970 Act, you are the owner of the flat and not a mere occupier. You are free to rent it out to any tenants. You don’t have to pay transfer fee if you intend to sell your flat. Nobody can interfere
with your affairs.
If you give your flat on rent under Leave and License agreement, and the tenant does not give you the possession when the agreed period is over, according to the new law getting possession through court is
easy and takes very short time.
The above-mentioned differences are pointed out to me by my advocate friend, who has specialization in Co-operative Societies Acts in Maharashtra.
Sincerely
Suryakant Chaubal
Pune
sandykrish
18 May 2014 at 22:13
Respected Ld members,
I am from Bangalore had a family dispute and wife left me in Dec 2012. Post this many legal and social meeting took place with vain. Wife with extra marital affair proof established via private detectives with
photos and videos of her illegal character, she claims that as brotherly act.
Even before establishing the evidences of chasity had applied for RCR, because I wanted to give her a chance to correct her self and resume the conjugal relationship. During the court mediation she said she is not interested in any sort of relationship with me and my family and need a divorce with huge alimony. After careful negotiation we have agreed to file 13b under HMA now the date is June 6 2014 for hearing or second motion. My senior advocate suggested me and filed a memo with the court where RCR is on stating that we have applied for 13b and we will withdraw the case once the divorce is granted, the family judge accepted and given the date on 21 june to update.
In the meanehile apparently my friend is a colleague of my wife is in touch with me frequently upadted me her relationship with her boy friend has worsened and they are about to end their relationship the reason being even he is not happy with her chasity. I have decided not to continue in case if she comes to me for any reason, our family and myself being humiliated to that level because of ill character.
My questions;
1. If she comes to court and tells the judge that she wants to continue with me, what should I have to legally rebut
2. I know the come back and living with me is only one more drama, considering this is it better to advice the other court that that I would like to withdraw of RCR petition citing all the drama of her asking alimony and filing 13b under and telling that she wants to come back. Even If I withdraw the RCR can I use her 13 b first motion petition as evidence of her mental cruelty
How solid will my case be represented in case if I file for contested divorce?
Or do I have to contest my RCR and win the case and file for divorce?
Expert practical opinions needed from all the experts in this forum
Akhalaque Ahmed
18 May 2014 at 21:59
DEAR ALL EXPERTS,
GOOD EVENING !!!
MY QUERY IS ME AND MY WIFE FIGHTING CASES IN FAMILY, DISTRICT AND SESSION COURT IN VARIOUS SECTIONS LIKE 498A, DV AND SECION 125 FOR MAINTANCE. FROM LAST 3YEARS. NOW RECENTLY THEY HAVE APPROACH OUR RELIGIOUS COURT WHICH WE CALLED AS ISLAMIC COURT (SARAI ADALAT)THEY HAVE SUMMON ME FOR HEARING.
I JUST WANT TO KNOW WHAT IS THE LEGAL STATUS OF SUCH KIND OF COURT IN INDIA.IS THEY HAVE POWER TO DISSOLUTION OF MARRIAGE BETWEEN HUSBAND AND WIFE. SHOULD I ATTEND THE HEARING FOR THE SAME.
ITS MY HUMBLE REQUEST KINDLY GUIDE IN A BETTER WAY.
THANKS
AKHALAQUE AHMED
GaneshTiwari
18 May 2014 at 21:05
Dear All ,
My question is related to all above ,
my father passed away in 2002 but in 2001 he made will but its registered Notarized (notary )by lawyer which will help me to get share as per Notarized will
2. in above case my mom , brother , and sister is alive but notary will is made in a favor of his son only so in such case situation my sister is also to get share ??????
3. And thanks for all above query answer
Regards
GT
Sushil Kansal
18 May 2014 at 19:23
If in a Criminal Revision Petition the Sessions Court quashes the summoning order of the lower court, then can the criminal complaint sustain in the lower court or it gets automatically dismissed.
sobhana p.r.
18 May 2014 at 19:01
Sir,
With reference to the answer to my 1st query,i may inform that our agrl.land is in kerala state and deed is partition deed on 31-1-1979.I may request an immediate reply.
Thanking you
Gopinathan nair
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Daughter's eligibility forancestoral propertyand my query dtd18-5-2014 under property law
sir,
1st query
My sisters are asking for shares of our ancestoral property which was partitoned on 31-1-1979.There are 7 children- 5 sons and 2 daughters in our family.I am furnishing the following details.
Our grand father partitioned to his 2 sons( only sons) on 19-12-1957. My father partioned his property to me and my 4 brothers on 31-1-1979. The two sisters were married on 5/1980 and 9/1983 respectively. They were given gold and cash at the time of marriage.we 5 brothers are utilising the landed property for agriculture since 1979 and the properties are under our custody.
My father died on 9/1993 and
mother died on 9/1995
Now my two sisters have filed joint petition claiming their share in the property. The two sisters are well settled with their son and daughters married.I may reuest to inform whether they are eligible for the share?
2nd Query
With reference to the answer to my 1st query,i may inform that our agrl.land is in kerala state and deed is partition deed on 31-1-1979.I may request an immediate reply.
Thanking you