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

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Amol Rajadhyaksha   14 April 2014 at 21:09

Transfer of flat in co-op hsg society

My query on transfer of flat in co-op housing society is in 2 parts:

1. As per the Act and Rules of Co-op Hsg Society, a member cannot transfer his interest / share before completing one year of memberhip. Does that mean that owner cannot sell / transfer his flat to a buyer within year of society formation? Would it be illegal?

2. Can the society charge over and above the maximum of Rs. 25000 as transfer premium or in any other form such as voluntary donation? Is the transfer fee different for 1 BHK and 2 BHK flat owners? Can the fee be modified by change of model bye-laws?

Require urgent help since I am finalising a purchase. Thanks in advance.

Regards

Amol


John Ruban   14 April 2014 at 20:45

Dispense

Divorce case pending in family court. If any available dispense to appear before family court in every hearing.Please suggest to me.

Max Mir   14 April 2014 at 20:29

Payment by cheque between in-laws

My brother gave her sister-in-law some amount for her studies in US. To return the amount my brother's father-in-law deposited equivalent amount in my mother's account in India.
Now the income tax lawyer is saying this transaction is not correct and can amount to dowry.( god forbid if relation goes sour in future). At present the relation are wonderful.

Is the lawyer advice correct?
What should we do now so that the transaction does not amount to dowry on future? Should we return the amount back? Should we get something in writing from his father-in-law?

rishi arora   14 April 2014 at 20:08

Refund of money after property booking

Respected Sirs,
I got a plot of land booked two years ago. I paid the entire cost of the plot all at once through downpayment. There was no registered sale agreement with the builder. Only the booking form on which it was clearly stated that I had paid the entire cost of the plot. I also obtained the receipts of payment clearly stating the plot number. One year later due to poor performance of the builder I decided to take my money back. The builder asked me to submit an application for refund. I submitted an application, and in the application I clearly stated that "I will accept the cancellation of my booking of the plot only if there is a full refund of the entire money that I have paid, without any deductions, and that too within one month time starting from the date of the application". The date of the application was 5th September, 2013. Seven months have passed since then but the builder has not returned my money. Now I want a sale deed (registry) to be executed and sell the plot myself. My questions are:
(1) Should I ask the builder to give back the application for refund, before getting a registry done in order to prevent him from doing any fraud, like using the application to show in records that I had applied for a refund and he has refunded my money in cash and then sell the plot to somebody else.
(2) Given that in the application I clearly mentioned the condition: "The company must cancel my booking of the plot only if there is a full refund of my money and that too within one month time starting from the date of the application".
Now that seven months have passed, would this condition in the application be sufficient to prevent the builder from doing any fraud like the one mentioned above.
(3) If the builder now refuses to execute a sale deed registry, citing the application and saying that I have applied for a refund and so I do not have a right to get a registry done, how can I make him get a registry done.


Mustafa Bhat   14 April 2014 at 19:58

Change of child name

If mother changes the name of daughter without the consent of biological father,
As parents of child are separated from lost 4 years,
The lady is doing so that the father is not able to locate the child.
Please advise me is it a crime.

ashok k rao   14 April 2014 at 18:44

Police did not take complaint when given

I wanted to file 498 against my father in law and step mother in law but at that time, since my father in law is a resident of the same locality, he must have bribed the police. the police did not take my complaint. now certain things have happened that the police have taken my complaint and also a fabricated complaint from my in laws and both the parties are under FIR. Now i want to meet the higher ups and ask for 498a. In the meantime, what happens if i substantiate that the inspector and si were bribed by my father in law and i am sure that i have case to prove. Will i be in trouble or the inspector will be in trouble if i meet the higher ups (ie commissioner)?

kuldeep kumar   14 April 2014 at 18:33

Regarding amendments

as of now more than 98 amendments are passed..some pending some passed..total comes around 118..but answer all over is total of 98 amendments have been passed till today..
so far articles are concerned they hv reached 448 ..its an academic vs expert ques
im interested to knw how number increases in amendments ..there are other amendments passed but figure is at 98 not more than 98

if some1 knws anseer
tnx

Anonymous   14 April 2014 at 17:53

sra flat help. builder cheated

Have a flat in sra where 10years are about to get over in 1m. Problem is the surname on maintenace bill and share certificate is different. But name on agreement is proper. The builder is fraud. I have a copy of CID complaint also. What should I do to correct it now. Builder is fraud. Please help.

Rohan Totlani   14 April 2014 at 17:43

sra flat help. builder cheated

Have a flat in sra where 10years are about to get over in 1m. Problem is the surname on maintenace bill and share certificate is different. But name on agreement is proper. The builder is fraud. I have a copy of CID complaint also. What should I do to correct it now. Builder is fraud. Please help

mahendra rai jain   14 April 2014 at 17:34

138 n i act

Dear Experts,

Account of drawer freeze by Income Tax Department,Whether offence under 138 made or not after dishonour of cheque ?