Anonymous
27 July 2021 at 20:18
Dear experts,
A person has taken loan from his friends and wrote promissory notes for the same.
He passed away recently.
1. Is there a time limit before which lenders should send legal notice to the legal heirs to repay the debts?
2. Is there an expiration date for Promissory notes(assume they are dated 21/08/2020)?
3. What happens if the legal heirs transfer the properties to someone else before the lenders could send the legal notice?
Anonymous
27 July 2021 at 20:14
Request only the Legal Professionals well versed with Maharashtra Co-operative Societies Law to answer in very specific according to the relevant legal provisions. Building A has 30 flats and it goes into redevelopment with Builder B. Builder B builds a new building with 48 flats. He sells 18 flats to new flat purchasers under sale agreements between builder and flat purchasers. MC has a verbal understanding with Builder that he will collect from / ensure payment by new flat purchasers of Rs 25000 towards share transfer chares/fee. Builder accordingly includes the clause in few flat sale agreements and does not include in few agreements. When 18 new flat purchasers approach MC for membership, MC insists that as per understanding with the builder, Rs 25000 must be paid by all. New flat purchasers submit that
1. Their case is the admission case under Bye Law 19 which does not prescribe payment of transfer charges/fee of Rs 25000. Builder is not member and hence it is not case of transfer from builder to new flat purchasers. Bye Law 19 authorises collection of only Rs 100 entrance fee, Rs 500 transfer charges and value of 10 shares. Nothing apart from this can be collected.
2. Transfer Charges Rs 25000 were to be collected under Bye Law 38 ‘Transfer of Shares and Interest in Capital/Property of Society’. Circular no SAGRUYO-2001/PRA.KRA.188/14-SA of 9.8.2009 also states that “The rate of the premium to be charged while transferring flat/gala of the member in the Co-operative housing societies and his share in capital/property of the society should be determined by the general body..” and then lays down maximum limit as Rs 25000 for Municipal Corporation’.
3. That Rs 25000 is to be collected from new flat purchasers was neither approved by general body nor was included in Redevelopment agreement fearing that it would be against law to do so. It was just an instruction by some influential members of MC to the builder.
MC continued to insist that they had verbal understanding with developer to take Rs 25000 as charges and new flat purchasers may fight with builder but must pay Rs 25000 if they wanted membership. Finally new flat purchasers paid Rs 25000 because without membership MC would have rejected their rights and participation in society affairs and they did not want to involve DDR to further complicate the matter. Also, institutions which had given loans were insisting on share certificates. New flat purchasers then placed their case before general body and requested general body to approve refund of the amount collected by MC else membership would not have been conferred. Queries are;
A. Was collection of Rs 25000 from new flat purchasers in violation of regulatory provisions ?
B. Can MC argue that what is legally not permitted for society, it can do through Builder ?
C. Is it within authority of General Body to refund the amount so collected and give relief to new flat purchasers.
Anonymous
27 July 2021 at 16:47
Dear Sir,
As per your suggestion in my last query, in my friend's case where the transfer deed of flat in society is in his fathers name and after his fathers death his mother and he the only heirs , now the society membership is in his mother name now we will execute a gift deed of 50% of mothers shares to her son , but whether this gift deed confer the rights to son to sell this flat in future , does buyer will get absolute title , does buyer objects for this gift deed.
your opinions will help me a lot .
Anonymous
27 July 2021 at 13:52
So, I am currently working in a company since past 7-8 months. I got another offer from a company which inclines a lot more with my long term career aspirations and resigned from my current company. However, as per the company policy, the HR told me that I have to serve a 60 days notice period. I have already served 15 days of my notice period. My future employer gave me in writing that they will rescind the offer if I don't join in 30 days from today and confirm it now. Do I have a legal stand based on these facts on my employee agreement that can help me get relieved sooner?
1. The notice periods are unequal for employee and employer in the agreement- ' This agreement may be terminated by the company giving a 30 days written notice to the employee or by the employee upon 60 days written notice'. I understand that contracts cannot be one sided like this. Do I have any legal stand to get relieved sooner based on this? Also, please note that their is no clause for paying salary in lieu of the notice. That's why the HR is not agreeing for a sooner release.
2. I never got a probation confirmation in writing after 6 months of service. 'Unless an order in writing confirming the employee is given, the service will not be deemed to have been made permanent.'. 'Employee's services shall be liable to termination without notice at any time during or on completion of the probation period'. Does this mean that I am still in probation and don't have to serve any notice period?
Please help me if any of these clauses can help me get relieved earlier. I thoroughly negotiated with both sides and got to no conclusion. Legal recourse seems to be my best option now.
shyam lal
27 July 2021 at 13:39
Legally speaking, to give a notice in writing of intentions to sell,does it amount to getting permission to sell,or literary means two separate terms.
INDRA DAS
27 July 2021 at 13:08
महोदय वकील साहब
विषय- रिजाइन वापस लेना है यूबीआई बैंक से
गलती से रिजाइन कार्पोरेशन बैंक(अब UBI मे विलय हो गया है)
दिनांक- 26 फ़रवरी 2018 को चला गया,
मुझे बोला गया था 30 दिन का नोटिस पीरियड है पर releiving 12.03.2018 को दे दिये,
इसलिए फस गया बैंक सर्विस मे समस्या आगई
दो बार रिजाइन वापसी का पत्र दिया बैंक को लेकिन बैंक,
ने बताया की मेरा नाम बैंक पायरोल से हट गाया है,
इसलिए favourly बैंक सर्विस नहीं दे पाएंगे
अब आप बटाये की बैंक सर्विस वापस मिल सकती है
यदि मिल सकती है तो अब कैसी कोर्ट मे याचिका लगाने से?
या सीधा ubi के किसी बड़े अधिकारी से याचिका लगाने से
नाम इन्द्र कुमार दास
बैंक जेओआईएन करने की दिनांक- 13 जून 2015
पता- house number 475
ward number 04
city singrauli mp
india
486889
Nagaraju Patro
27 July 2021 at 12:38
Namaste Experts
A is a armed civil services employee and he is the husband of B(60years old daily wage earner). blessed with a son J after two years of their marriage. After the birth of J, A married his congubine P (during the existence of marital relation with B) and blessed with D,S,B and mentioned P in his service records as wife along with the names of J(son of first wife),D.S.K. Later B approached caste elders, then they wrote un registered deed of separation between A and B. B filed Maintenance Case and used to get monthly maintenance through court from the attached salary of A. Again B filed a suit praying to declare her as wife and to direct the armed civil services authority to place her name in records. Said suit was dismissed for default in 2017 (notices not served to respondents). Said A's second wife died 7years ago and A also died in June 2021. Now all the children united and ready to help B to get family pension without any objection.
Recently they obtained Family member Certificate of A mentioning the names of B as well as J,D,S,K from the Tahsildhar concerned
At this stage What steps B has to take
Whether she can restore the suit for declaration and add other Legal heirs
or
Whether it is better file a suit afresh along with all children against the authorities claiming family pension of A or she has to institute a suit for declaration and pray for inclusion of her name in service records as wife and continue family pension showing the children J,D.S,K and the authorities concerned
Plz guide in the issue to serve a poor lady
Anonymous
26 July 2021 at 20:46
Hello everyone, I would like to ask whether a practicing advocate earning money through streaming or making videos and uploading them on youtube for monetization and google adsense would be violating Bar Council rules as they clearly say that engaging in some kind of trade, business is liable to have the license revoked and hence might also have action taken against him for non declaration? Thank you.
Anonymous
26 July 2021 at 20:33
Respected Experts Good Evening Plz guide for the below issue One chinayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donated to local temples. There is a great history regarding village deity, that the ancestral of chinayya found a small statue believed to be village deity, while ploughing his agricultural land. Since then they adore said village deity and instructed their descendants to follow the tradition of worshiping goddess. One house is more important, as it is the worshiping place of local deity, ammavaaru. At first instance said statue was brought to that house and later a temple constructed in their Field. Since then temple is being run in the supervision of a committee with local people. That house is called as the Maternal house of deity. On every auspicious occasion the family of chinayya has to visit temple and invite goddess to maternal house. Said chinayya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendants have to perform first puja and present clothes and ornaments to deity. On every dusherra these family members must visit the temple and worship in said house for ten days. Deceased Chinnayya had Two sons and Three daughters. Narasimha is eldest son and Nagayya is Youngest son of deceased. Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house (Maternal house of diety) infavour if Narasimha, without the knowledge of other legal heirs or grand children, who are interested in continuing the tradition of adoring deity with faith. Now Anand, son of Narasimha restraining the legal heirs not to enter into the worshiping place/ maternal house of deity. And also trying to sell away vacant land of joint family property without the consent of other legal heirs (third generation) of deceased chinnayya. And he proposed to sell the maternal house of deity also. daughter and son of Nagayya and other are claiming their right to worship goddess in said house as it is the custom and they strictly follow the tradition of ancestrals and share in the said land property. But son of Narasimha by name Anand applying his muscle, money, caste strength to restrict the descendants to perform the ancestral custom of worshiping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders. In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps Can approach proper court praying to allow them into maternal house of goddess to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft. for immediate relief or else they have to serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief at the earliest
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Jurisdiction
Joined a Pvt Ltd company in 2019. Corporate office is in Mumbai.
As per appointment Letter
Location of my Work is Delhi.
Court Jurisdiction is Mumbai.
First 6 months shall be probationary period which can be extended. You will continue to be in probation unless confirmed in writing.
Although, approx 18 months passed no confirmation letter given by the company till date.
Company paying only a part of salary since April 2020. They are also nor issuing salary slips since April 2020
Requested several times to clear my financial dues but no response.
On Resignation , they do not pay any dues and force the employee to give undertaking that there are no dues pending and that the employee will not go for any litigation against them else they will not give reliving letter.
I Want to quit this job but do not want to leave my money also. What legal remedies do i have to ? Pls reply