ADV-JEEVAN PATIL, MUMBAI
15 January 2014 at 20:35
A & B are joint owners of the Housing Flat in Society. They kept their son C as Nominee. On the death of A, B (wife) applied for sole ownership of flat and replacement of name of son C to their daughter D.
Q. 1) Whether B(wife) can become sole owner of the flat.
2) Can she cancel nomination of son C and replace of daughter D.
3) Can Nominee C claim interest in the flat since A and B had kept C(son) as nominee.
4) Can legallity of D(subsequent nominee daughter D) be questioned.
Pl. answer
Solicit your answer
prakash
15 January 2014 at 20:28
I am having a land of 2 acres,it has been in my name and my brother name jointly,i want my share separately my brother is not operating for sell or to till,in any manner he is cooperative so how can i separate one acre of my land.kindly advise.
Vijay
15 January 2014 at 19:59
Under section 25a of Maharashtra Cooperative Housing Societies Act -- what are the conditions in which the dy registrar gets the power to order for deletion of names of the members from the register of a cooperative housing society >? Any case laws please on the section. ?
Abdul Latif
15 January 2014 at 19:33
Dear Sir,
We have entered Business Conducting Agreement in Hyderabad. Property is in Hyderabad.
By the Agreement, the owner permits and allows the Conductor ( "We") to enter upon the said premises, fully described in the Schedule written hereunder to conduct the proposed business of restaurant and banqueting facility and conductor has agreed to do so at its own cost and expenses.
Further it is clearly mentioned in the Agreement that It is expressly understood that this Agreement does not confer and is not intended to confer any right of tenancy, sub-tenancy, leave and license or any other right whatsoever in or to the Premises. The Conductor, its servants and agents have been permitted and shall continue to be permitted to enter upon the said Premises during the subsistence hereof for the specific and limited purpose of enabling the Conductor to perform its obligations of conducting, operating and running the said Restaurant, and Banqueting Facility from the said Premises under the terms hereof. It is expressly clarified and declared by the parties hereto that the Conductor has not acquired any right in the said Premises whether as a sub-lessee or tenant of the Lessee. However a right to conduct business in place of the Owner is granted upon the Conductor.
As per my understanding, this Agreement is neither Lease Agreement nor any Leave and License Agreement so we do not need to get the same registered. But the Owner insist on Registration of the same.
Please advise me in this regard.
Thanks & Regards,
Abdul Latif
Dr C Suresh
15 January 2014 at 18:39
If an employee of a Public Ltd Company fails to plead that he is authorised to sign, verify and file and also fails to file any proof of authorisation than is the defect fatal or can the employee file new pleadings to cure the defect
K Ramakrishna Rao
15 January 2014 at 17:46
Sir,
I have file a cheque bounce case at District court. Now it is in argument stage after two year of jouney. Opponent file a write petition for quashing case in district level and they want to deal this case at high court.
My query-
1. is this case will accept at hight court?
2. what should i do to continue this case in district court.
Sachin Aggarwal
15 January 2014 at 17:05
The last date of my credit card dues is 29-07-2013 and I remitted the payment on same date through online banking and In next statement It was clearly shown that on 29.07.2013 online payment received. Beside this the bank levy the late fine including interest, can bank do so?
The complaint is lodged to customer care executive but they give me wrong complaint number. I sent email to customer care of standard chartered bank and head of services but head of services replied that the charges can not be reversed.
mukesh choudhary
15 January 2014 at 16:13
if hearing of a matter with same facts is going in supreme court and high court, is there a obligation of high court to submit it to supreme court, as supreme court has power to withdraw it in article 139A(1) of constitution of India.
piyush
15 January 2014 at 15:57
Dear Sir,
Rectification deed allowed at this time if Registered GPA done in 2005 at delhi.
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Member wants to sell his shop and wants society's noc. but earlier agreements missing.
A member wants to sell his shop. He has informed society in writing. He is third transferee. The chain of agreements is as follows:
1. Mr. A purchased the said shop from the builder. Agreement-2002
2. Mr. A sold to Mr. B (the first transfer). Agreement -2004
3. Mr. B sold to Mr. C ( the second transfer) Agreement -2008
4. Mr. C sold to Mr. D( the third transfer) Agreement 2010
5. Mr. D is now the present occupant of the shop.( the third transferee)
Now Mr. D wants to sell his shop to Mr. E. Last week Mr. D approached society with his prospective buyer and informed society in writing his intention to sell his shop to Mr. E. Since there are so many transfers, we advised Mr. E to verify all the previous original agreements from Mr. D before entering into agreement.
At this movement Mr. D told us that Mr. C has lost both his earlier original agreements (first agreement with builder and Mr. A and second agreement with Mr. A and Mr. B.) Mr. D is having only two original agreements with him (third agreement between Mr. B and Mr. C and forth agreement with Mr. C and Mr. D)
When we asked Mr. D that how and why he dare to purchase the said shop from Mr. C without getting previous original agreements and that to without bringing to knowledge of the society. The present owner told us that Mr. C has given him Indemnity Bond and on the strength he has purchased the shop and Bond was not submitted to society. Now he is showing us a xerox copy of the Bond. He also told us that agent has done all these things for him.
Mr. E even though is aware of this whole matter is ready to purchase the shop and asking society to issue NOC to sell the shop.
Mr. D did not apply for certified copies of lost agreements from sub-registrar. Mr. C. did not lodge any police complaint for lost documents and also did not give any public notice about lost documents.
We think all these transfers as suspicious transactions. It also seems that Mr. D is not serious about loss of documents.
What society should do in such situation? What type of NOC can be issued?
Knowledgeable persons are requested guide us. We have taken a charge of society in 2011.
Waiting for your early reply.