Vasudev Kamat
25 December 2013 at 14:30
Building is under redevelopment scheme DCR 33(7).
Tenant has been evicted by MHADA.
Is it compulsory by law for a tenant to execute agreement for Permanent Alternative Agreement with the developer when there disagreement on following points :
1. Area shown by the developer in the draft agreement is less in the approved plan obtain by the developer from MCGM but it is as per MHADA statement
2. The developer had given letter to the tenant mentioning therein the tenant will get the area and benefits of redevelopment scheme on the basis of area specified in consent and mentioned in the schedule of development agreement
AJIT KAWATKAR
25 December 2013 at 14:15
we are hindu family.our father had bought ppty in 1965.he died in 1982.our mother died in 1970. we are 7 legal heirs ;4 male +3 females. on sister married to a MUSLIM in 1972.Ther is NO WILL.
We are know proceeding for MUTATION.does law prohibits "THAT" married sister [to a muslim] from claiming righe in ppty.
Can we exclude her name in the list of HEIRS ?
Maharashtra state.
KRISHNA KANT MISHRA
25 December 2013 at 13:35
Respected Sir/Madam,
The undersigned is presently working as Inspector of Income Tax and joined the said post as a direct recruit on 10.12.2008. I have cleared the Departmental exam vide result declared on 18.12.2013.The date of declaration of result is 18.12.2013 for all purposes as per the circular of the Department. Due to the judgement of Hon'ble SC in the case of N.R. Parmar Vs. Union of India., the seniority list of inspectors are being revised and as a consequence of that i am gaining the seniority but because some my batch mates who are also gaining seniority but who cleared the Departmental Exam before me are being considered for promotion to the post of ITO and i am not being considered though no DPC has held so far for R.Y. 2013-14 and the new seniority list is yet to be made in pursuance to Apex court's decision.Expecting a response from this esteemed club of Ld. Lawyers.
Regards
Moin Bora
25 December 2013 at 13:08
I am living in a tenanted property where Maharashtra Rent Control Act, 1999 applies. This property is in my deceased grand father name. Four years ago, in 2009 the whole building was fully reconstructed by all tenants' money. Landlord did not contribute single penny in the construction. After six months of completion of construction landlord transferred the land-lordship to new landlord.
New landlord increased the rent more than as stated in Sec. 10 and even not issuing rent receipt in my father's name as per Sec. 31. All brothers and sister of my father have relinquished their interests and rights by gift deed which is duly notarized.
We have sent rent through India Post registered AD more than thrice to new landlord but same were refused and returned to us. A week ago, new landlord has sent us the notice through advocate to vacate the said property on false accusation of non payment of rent and sub letting and creation of third party interest which is untrue.
In response to it, I have sent copies of Registered ADs, gift deed and a cheque of rent as per old amount plus 5pc increase to the advocate of new landlord.
What are the legal remedies available in my case to protect our right to the said property?
Ragvendra Singh
25 December 2013 at 12:16
u/s 35 - a (1) of bombay shops and establishment act, an employee of a establishment is entitled to 5 days of leave for every 60 days of completed service. however although i work in a establishment which comes under bombay shops and establishment act, my employer does not give me even a single leave for first six months of probation period as per the hiring docs. Is the employer entitled to make such a rule given the fact that the establishment comes under above mentioned act???? The act is silent on probation period.
u/s 66 of above act, any employee who has completed more than 3 months but less than 8 months has to be given 14 days advanced notice if the employer wants to terminate him. however as per the hiring docs, it is written that employer shall give only 1 day advance notice and not assign any reason to terminate any employee in probationary period. Is the employer entitled to make such a rule??
If the employer is notified about the aforesaid act and the employer refuses to act accordingly and goes as per the hiring docs, what remedies are avaliable to the employees???
Rajesh G Sanghvi
25 December 2013 at 11:19
Dear All
We live in Pukari/Pagdi system.It is a Repair Cess Bldg.It is Constructed With Iron Beams ,reti and Cement .Some Part of the Iron Beam are rusted.It is rusted beacause of Water connect.Due to rusted there are hallow/hole in the centre part of rusted area.This picture is on both the side of Iron Beams.
Whose right ,duty and with whose expenses it is to maintain in good condition.
Rajesh Sanghvi
9930794471/22666560
himani
25 December 2013 at 11:15
Respected Experts
Hello
With my very close friend inlaws commit fraud and demended dowry FIR has registered with sec 420 498a 409.but my friend do not want to give divorce to their hubi becoz she said he was gud when he was living with her but now from some months he is not using their own brain he was doing all those act which their family members want. Is their any possibility to patch up with her hubi?
she decided she will not give divorce to him for whole life at any cost. Is it possible?
Kindly Suggest your valuable advice
Warm Regards
Himani Kocchar
SEASONS GREETINGS AND HAPPY CHRISTMAS TO ALL AT LCI.
GOOD MORNING,
If a women has married and she is pregnant and she is getting mentally toucher from her husband house and planning to kill her. What is the best way she have to choose? As this kind of behavior is very harmful for the child who has not even has taken birth in this world.
Legally can i ask the bank for the copy of the documents submited by my gpa
Dear Sir/Madam,
We are 7 brothers and 3 sisters. We have some ancestrol property, eldest of the brothers is looking after the some legal litigation. He remained bachelor. He as taken our GPA and few times Special POA. With good faith in him, rest of the family usued to sign the GPA/POAs blindly and unfortunately no body kept the copy of any of those document.
It looks, last among the brothers, had some kind of a deal or blackmail or something,... used him and the GPA/POA.
Last brother took loan (co-operative bank) and the eldest one mortgaged the house and property as security. As expected he did not pay and house has come for Auction. Then we signed
POAs to sell some part of the proprty to clear the loan. Here again few of us were knowing that things are happening this and property being sold. Some of us not even knowing this, they just signed the POA as usually they are doing for the eldest brother. Our foolishness continued, we don’t even know how much proprty is sold, for how much is sold, what happned to money, is all the loan cleared ?
Now we have come to know, they have repeted the same loan from different bank again. We are going to cancel the GPA/POAs. But we wanted to have a copy of the documents submitted to the bank. When we asked the bank they confirmed the loan but are reluctant to share the copy of the documents they have taken from the party.
Question is Is ther any legal way, we can ask the bank to share
The documents, including POA (it may be a forged one I suspect), property document etc... If they don’t share it, I can I legally say, I am not bound by whatever the deal they have on our GPA/POA.
Thanx
Anand