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

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NAMDEO CHAUDHARI   05 January 2014 at 13:07

Regarding forming a cooperative hosing societey

Dear sir, I purchased a flat in sadhana residency which residency consistsBUILDING A-8 FLATS & BUILDING B-8 FLATs. The builder declared APPARTMENT UNDER THE MAHARASHTRA APPARMENT ACT. WHICH WAS NOT KNOWN BY THE PURCHASERS WHEN THEY PURCHSED THE FLAT. Actualy he assured to us to form a cooperative housing society.But now due to some problems we call the builder for discussion.At that time he told us regarding his declaration. We oppose him but he told us that it is mentioned in our purchase deed.and we are not permitted to form a cooperative housing society.
so my question is--
1.whether we can establish cooperative housing society?
2.whether this apparment declaration is valid?
3.Some persons told us that though there is a declaration is made then also we can form cooperative housing society.Beceause builders declaration is illegal.As per the new provisions if a building consists minimum 8 flats then cooperative housing society formation is possible.The builders declaration is for 16 flats.
whether it is true.
Pls. guide us beceause we are in process of forming a cooperative housing society.
Thanks.
Regards.
N.B.CHAUDHARI.

K*I*L*L*E*R   05 January 2014 at 12:09

Mou for divorce

Dear Experts you all have been a great help on this forum,and today i am here again to get ur expert opinion

My wife put 498a 406 on me and the matter is settled in mediation cell of the high court as per court order fir is to be quashed after divorce and it also in the knowledge of court that mediation settlement has been reached in the case

so im going to prepare MOU for divorce which im going to apply in couple of months under 13b mcd

Q1. do i need a seperate MOU for divorce or we can attach the same mediation settlement deed as the mediation settlement paper contais all the points like she will bound to quash my fir and how i have to pay her the full time litigation money ,as per mediation agreement she took her istridhan and given us written on astam paper that they reedemed their articles and i attached the pictures of theirs taking back their articles in my 482crpc which is pending and adjd sine die by court till divorce

but someone told me it is better to frame new mou because her statements has to be recorded in the court so plz advise what to do

thanks

maddy   05 January 2014 at 11:28

granddaughter's right on grandfather's property

Hello Experts,
I am asking this question on behalf of my mother.
My mother has one brother and one sister
My mother's grandfather deceased and left his self acquired property without any will.
Her father also deceased and transferred the property to his son only and this has been done legally in the court. He did not mention the name of my mother and sister in his will and did not even took their consent on this.
Now my question is does my mother and her sister has any right on this property or not ?
If yes then how we can proceed further legally.Please suggest and advice.
Thanks in advance.

Alpesh Makkampara   05 January 2014 at 10:34

Witness

If witness is living in other state, can we use witness's statement by video conference in court room?

Sreenivasa Rao. S.   05 January 2014 at 09:11

Validity of registration

Dear Experts,

One X is due for Rs.20.00 Lacks to Y,There is no proper evidence for Rs.20.00 Lacks,and X is having a property self acquired worth Rs.55.00 Lacks on which Rs.16.00 Lacks mortgaged to Bank.Now to avail loan through Y as his profile suits to eligible for housing loan X has done sale agreement with Y for Rs.63.00 Lacks with an advance of Rs.1.00 Lack, Now Y wants to recover his amount from X through this transaction, by depositing 25 to 30 lacks in X account through RTGS in 5 to 6 transactions, and he will collect back the amount from X, by which the amount routed through bank will be effecting the sale agreement, and for the balance sale consideration payable to X (Rs.32.00 Lacks) first Y will clear bank liability to release the document and the balance will be paid before registration.

Inview of X all this transaction is only to avail housing loan in favor of Y.Now after registration how to get the house property to Y as the tenants are paying rents to X.After registration legally can the tenants be vacated.Please advise as the case is critical.

Thanks and Regards,

Sreenivas Rao

Adv.Aiyer VLV   05 January 2014 at 07:48

NOC & arbitration

Whether NOC from former counsel mandatoty or courtesy?
To be co-counsel additional Vakalath with note appointed as co counsel or combined Vakalath to be filed?
Thanks and regards

Sreenivasa Rao. S.   05 January 2014 at 07:03

Fraude by ludhiyana financer.

Dear Sir,

One of my friend has attracted for the financial advertisement in the website.www.Darshan Associates, Zirakpur, Ludhiyana, they advertised for different types of loans at low intrest.My friend approached Darshan Associates to avail loans on his property to a tune of Rs.1.50 Cr.@3% intrest Per annum.They have given sanction letter and to process the same they collected Rs.3.00 Lacks (By way of DD) as a processing fee three months back.When ever he approached for the loan over phone he used to tell that a team of advocates will visit within 3 days and loan amount will be disbursed.Again he demanded Rs.2.00 Lacks as a bribe to advocates, my friend paid Rs.1.00 through RTGS to his account, now they are not responding for calls.My friend understood that he was cheated, two time he visited Zirakpur by spending Rs.1.50 Lacks for flight tickets etc. Now how he can recollect the amount paid and routed through bank by him.Please advice where to lodge complaint, how to recover the amount paid by my friend.

Thanks Experts,

Sreenivas

Ramesh   05 January 2014 at 06:44

Urban land ceiling repeal act.1999.

Dear Experts of the forum,

In state of A.P.the ULC Repeal Act. came in to effect from 27.03.2008.

Consequence ULC enforcement Act. 1976, my Father in law(A) and Brother in law(B) submitted their declaration under sec.6(1).The ULC authorities ie Special Officer & Competent Authority( S.O & C.A)had issued 10(3) orders.Consequent to this Mr.A & B filed an appeal in Chief Commissioner Of Land Administration (CCLA) asking for exemption to certain land stating as they are Agricultural lands, the petition is admitted and posted for hearing with an ORDER stating that The Appeal is admitted and the impugned notice was suspended until further orders, this was on 28-12-1998. The case was going on.

On 27-03-2008 the ULC Repeal Act.1999, came into effect in the State of A.P.The Govt. of A.P., had issued a circular on 24-04-2008,stating that ; All cases pending before any court or authority shall abate.The CCLA promptly closed the case/file as per above instructions saying case is abated.
The problem is S.O & C.A , hiding the facts had issued 10(6) notice and conducted panchanama (all anti-dated,only on paper) as if they inspected the site and took over the land.

I request you to guide me. If i approach the Court, what should be my plea for QUICK disposal of the case . Is it possible to get JUSTICE on admission stage it self.

Thanking you ALL,Expecting an early reply please.

MARKES FRANCES   05 January 2014 at 00:57

File a divorce case on the grounds of desertion, non-cohabitation and mental cruelty due to frauds


below is the problem and help witch is still incomplete need complete solution :

I am From MuMbai :suggest the name of Criminal law, family law lawyer of this location :who i can get in touch . ,
below is the problem and help witch is still incomplete need complete solution :

the matter : is
i had met a girl 4y ago . when she met me the first day she said she loves me wants to marry me , and in 2 weeks she said she is going to USA and she will newer forget me , after she went there she use to to call me every day , atleast for a 2 year to marry me .
finally i gave up and said yes i will , BUT she had a condition that she will only get married in the court , i said no i will not , marriage will happen in the church, she said yes she will in front of my and her family , but for now she wants the marriage certificate from the court because she has some paper work . for she need it for some filing that she has to do for me .. my family denied and me too. but she convinced me and my family , that she will marry traditionally once we get her married to me in the court . we agreed for she was really looking genuine in saying it . she said she always use to say she needs court certificate and pictures of us together for she has some paper work in USA for me . and finally we got married in the court . her family and my family was there in the court as witness for it . that day was the biggest mistake of my life . it was 05/10/2011 . and she went to USA , and till date she did not come back . she use to fight with me for every reason, avoiding my calls .and started saying she will never come to india and she no longer wants me .cos her work is done and she is an NRI now .... and from last 1 y she has blocked me on all social web site. blocked my calls changed her address in USA . i tried to call her mom in usa, she says search her if u can , and her family in india say we don't know any thing dont come to us . i don't know what to do now and where to go . recently i found out that she is in a relationship with some man , my friend informed me and sent me PICTURES of her with an other man with whom she is in relation with being cosy and very comfortable . i feel cheated and for marriage and for she having an extramarital affair .... PLEASE I NEED HELP .... HELP ME . I AM CHEATED AND MY WIFE IS HAVING AN OTHER MAN . in a country where i cant go or even do any thing to her ..



Answer i got is : from Expert : T. Kalaiselvan, Advocate is

matter is This is one way of getting benefits illegally in a foreign soil as per the prevailing law of that land to marry some one for the namesake, get the marriage certificate and avail of the benefits based on such facility, this type of fraudulent acts are not new, it was the fault of the author for hurrying up his marriage on some passions/compulsions without verifying the entire details, veracity, authenticity, antecedents of the girl who proposed the subject issue. However, instead of repenting or lamenting over the past mistakes, it is better to file a divorce case on the grounds of desertion, non-cohabitation and mental cruelty due to frauds played upon in the name of marriage and fled away.:::

abhishek agrawal   05 January 2014 at 00:46

Huf

Dear Sir,
Myself, my wife and my father are in govt. services and are earning Rs.40000 each.
We have two home loans
First home is in the name of myself and my wife for which we are paying 12500 each i.e., 25000 as emi.

Second home is in the name of Myself, my wife and my father for which we are paying 9000 each i.e., 27000 as emi.

Myself and my wife are enjoying tax benefits on our first home.

My father is having tax benefits for the second home we bought.

I am planning to form HUF.

Query is -

1 Who should be karta for max tax benefits.

2 For the second home, to get maximum tax benefits, do we 3 need to transfer that home in the name of huf ?

3 If yes, than what is the procedure.

Thank you so much, waiting for your kind response