Siddique
15 May 2014 at 22:42
A CHS flat in Mumbai in late sister + late brother's name. Late sister left no nominee. Late brother’s 2 sons are nominees. We the surviving brothers are the legal heirs.
Legal opinion from society's advocate:
A) nominees have a right to transfer flat in their names;
B) legal heirs of deceased sister should get court’s succession certificate.
Our comments on A): Bye law 35, section 17(a) & 19 requires society to inform nominees within 15 days and it allows 6 months from death of nominator for nominees to apply for membership; 6 years have passed; brother's nominees have not applied for membership nor society has informed them so far;
comments on B): sister died 20 yrs ago; no claimant/legal heir of sister or brother has lodged any claim with society; keeping legality aside, it does stand to reason, beyond reasonable doubt, that we are the only surviving brothers of the deceased sister.
Now the surviving brothers intend to apply for transmission of flat. Some of our queries are:
Q1: Can society legally insist on nominees to get flat transferred in their name even now?
Q2: Whose legal responsibility to write to the nominees now; society’s or legal heir’s?
Q3: How should society proceed if nominees do not reply to society or legal heirs’ request for NOC even now? Treat nomination as redundant (after allowing them say 15 days for reply)?
Q4: Will the society be violating any bye law if, upon legal heirs’ application for transmission, instead of expecting succession certificate from them, it directly proceeds to display/insert public notices inviting other claimants/legal heirs, if any, thereby establishing “the need or no need” for succession certificate?
Q5: After all, what is the difference between a petition in court and a similar legal heirs’ application to society; this application also will enclose essential proofs of immovable property, death certificates, notarized affidavit of blood relationship of legal heirs vs. sister, etc.?
Q6: Shouldn’t the legal heirs’ indemnity bond be enough to put at rest committee members’ hypothetical risk perception? What else should the legal heirs offer to satisfy society?
Q7: Society wants the nominees to present themselves personally before the committee members. Instead of this, we feel, notarized and registered affidavit from the nominees should do equally well.
Kuldeep
15 May 2014 at 22:37
Is it possible to get copy of high court judgement from Supreme Court appeal case file against the judgement of high court
yogesh
15 May 2014 at 22:34
Respectfully Ld members, I am advocate , My Brother is sponsored candidate has pursued super specailization DM course in one branch of medicine (after 3 years obtaining MD) in reputable Medical Institute of India. But during the course of program there was dispute between the HOD and my brother and he threatened my brother to leave the course or else spoiled his career. My bother patiently faced this and approached the RDA who due to strong interference has to revert his decision. Then again and again he started pinching him over small trifling matters, whether patient care management postings or in lectures. My brother did not oppose his move but concentrated on studies .At the final examination he failed my brother .My brother reappeared but again he blocked him and reappeared for 3 time and there was 6 candidates , all of them get passed but my brother again failed. My brother has excellent track record at MBBS, MD and was selected in UPSC also.This all we know that as long as HOD remain in chair he will never let my brother to passed the examinations. During examinations the external examiner was called but there is always the influence by the HOD nad the rest of the examiners are the internal one which acted purely on its whims
Please give proper guidance as this amounts purely of the exploitation. I also wants to draw the attention that many students in past years had committed suicide as the Residential programs purely in the hands of the departmental heads
Kuldeep
15 May 2014 at 22:26
Appeal is pending against high court judgement in Supreme Court , Is it still possible to get certified copy of judgement of high court from high court. Is it whole case file goes to Suprem court when appeal is filed and copy of judgement of HC is to be obtained from SC.
GaneshTiwari
15 May 2014 at 22:15
Hi Expert My question is .... My Mom have owned Registered document property with a property Card name in it . if she want to gift me that said property to me in that case my brother or sister have any right ? or I have to make release deed from my brother or sister ?
sonal
15 May 2014 at 21:37
I run a company.In our company we hire ppl for diffrent posts like sales,hr,etc. i want to know if i want to do agreement with some consultants for giving us ppl what the process?
what would be better option contract or MOU?
whats the diffrence between two? pls guide experts on these things
Thanks
Anonymous
15 May 2014 at 20:53
We are staying in a house with my uncle's family. My father's name and uncle's name feature on d share certificate. We have society communications mentioning my uncle as an Associate member. My uncle's name is second in d certificate. It reads as A (my father) and B (my uncle). All throught since purchase my dad has been paying outgoings. Now both my dad n uncle have expired. Now my and my cousin's name are in d certificate by virtue of being nominees of our respective parents. Are they entitled to a share in the property??? Awaiting a reply, Many Thanks.
Jayadevan
15 May 2014 at 19:48
I have paid fees in advance to a tuition centre for 10th std coaching for my son when he was studying in 9th Std as per the special offer in July 2006. Since I was not satisfied the way they conducted class for 9th, I have told them in Nov 2006 that if they do not improve I will have to cancel the admission for 10th (2007-08)and they have to refund the money. They promised improvement but it did not happen. Finally I have gave them a cancellation letter on 14th Mar 2007, well before they started the batch for 10th, and asked for refund. They have flatly refused refund saying that as per the policy fees once paid will not be refunded. I paid the amount (Rs.19000) by cheque and I have a receipt for that. No where in the receipt it mention that 'fee once paid will not be refunded'. I have followed up many times but they did not allow me to see the Principal even. Kindly advise how can I recover this money. Best regards/Jayadevan
seniorcitizen
15 May 2014 at 19:13
Hon.Experts,
Please advise me:
A senior citizen couple has an ownership flat in a CHS society, they do not have any issue, the CHS flat is registered in their names, the name of the wife as the first holder and the name of the husband as the second holder.
The husband has died without leaving a Will, now what the wife should do for the full ownership of the flat? What is the legal procedure to get the flat transferred in the sole name of the wife?
Please offer advice and oblige.
Thanking all of you in anticipation,
Senior Citizen
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Io asking to submit salary slips, bills etc.
False dowry case on me. FIR done 1 month ago. AB obtained. Currently case is at charge sheet level. Wife has also filed DV recently.
Investigating officer has been asking me to submit my salary slips, bills of articles i have on my name, bank statement details etc. He says if i submit these it will help him in investigation and as evidence against wife's claim/allegations.
My Question :
1. Is police investigation done by IO is usually fair ? I doubt my IO.
2. Should i give him all these documents to support my case at charge sheet level ?
3. Can i refuse him and tell him that i will submit all these in court later when the court case on.
Thanks.