harshit gupta
18 December 2013 at 15:49
Dear Sir/mam
My client is a Director in a Pvt. Company. HE resells the insurance policies to consumer.
Now he want to enter into real estate business.
HE want to take Advances for booking the flats and plots as a monthly or yearly installments.
and selling the same to them.
Those disagreeing the same will be paid back with interest.
I just want to know which form of business will be best to run this business
whether i should register as a CO-operative Society , or Continue in a pvt Company. or any other forms of business.
plz assist me and suggest me in this regard.
rohanaa
18 December 2013 at 15:43
I own a residential flat in pune, in a 25 year old stand alone building. I wish to convert it from residential to commercial use. What is the procedure for conversion, what are the charges, and what are the additional requirements for a commercial property(like parking etc.)? Also will the commercial taxes applicable be as per the present value or the value at the time of purchase?
Prasad
18 December 2013 at 15:32
Hi Sir,
I got a site registered last week.
In the sale deed, the name of the site is mentioned as Site: 12/C instead of 12C(An extra slash added mistakenly)
All other things such as site dimensions, area, boundaries and survey nos came properly.
Do you see any problems with this case? Does this need any correction?
Your repiles will be of great Help.
Thanks,
Regds,
Prasad
raj
18 December 2013 at 15:30
sir,
my two brothers wrote all sibling name in case and they fight case in city civil court regarding partion of ancestral property.
some of my brothers getting rent but not me.
I want to request judge to deposit whole rent in the court.some body told me in section 151 cpc i can request. what form should i fill up in the court and what process is that.
Please help me.
raj
santosh kumari
18 December 2013 at 15:22
Dear expert
I got married on 20 Jan,2010.it was arranged marriage
just two days before my wedding ,wen all plans were done
my father in law called my papa n said " manda ji, dahej do to rajesh she jyada dena warn a mat dena..''
my brother in law who got married 13.3.2009
his name is rajesh
my father did wedding to his best extend,at the main time,they said ''khanna a cha Honda chahiye,subhash me band me dost log ayege,,
we did the best arrangement they told us that abt 500 guest will come but there were hardly 200
I was working as TGT teacher in Ambuja cement public school.
but my husband subhash told me to resign.
so I did
on wedding nigt my husband told me urr papa has gifted me sofa which sud not b given instead must have given bed,my parents r asking,gold chain which or papa has given is very thin
my mother in law starting abusing me.I did not tell my parents as my mother is ployneuropathy patient
we went to Jaipur,where his sister stay for a week,she started humiliating me by saying ,,,,tumhare pass h hi kya books me Siva,as I was writing govt exam
on 5 Feb we went manglore
my in laws stay at Mangalore.
after going 5-10 Feb in between my husband called my papa
they asked m e t o meet household expense,so I joined kV 1 pan bur Mangalore
on ad hoc basis
my husband went on ship,,on15.3.2010
he never used to talk to me,never had any physically relation.I thout he may b shy natured n must give him time
after his departure my mother father in started abusing me more,although taunts were there,like,,,kapde naahin diye there main baap he,kharche me praise LA,bandariya,,,
they said Hamelin bacha chaiye,tu bannnjh h ,n took me to gynecologist, I was Mumm,thinking DAT god will listen to my situationa.
did wat they wanted,although they had govt paid maid but asked me to to all things
I did ,n worked in school
gave them salary,but salary cheque was account paid,so had opened account in canara bank.this irritated them,I don't know why
wen husband came they started complaing abt me as I had made marriage certificate n accoutnt
they did gave me single penyy for my expenditure
neither my husband.said'''tu parlour eye brow ke liye nahin jayegi''
I did like that,I loved my husband,I worshipped him like god
I wanted him to have physical relation but he said''tu achi h lek in plz don't ask me for sex.''
I was mumm
my father in law wen my husband was not there,n mother in law out use to do toilet with open door of bath room
here I will mention that he was de-comissioned in his previous job (indian navy) for attempt to rape.
use to play hot songs in tv with full volume n asked me to sit n watch tv
I deniedour house was on ground floor,once i saw him peeping in night from my room window
he had I'll eye on me
2 .8.2010 ,,,husband came baak.
same scene no talking..no relation
during diwali 5.11.10
we came to celebrate it with brother in law n his wife at Jaipur
my papa came to meet us
they sarted complaint abt me
I cried a lot whole night,was unable to understand where I was wrong
small kitchen matter they called my mom n complaint
I stareted bleeding
my husband was either sailing or going to Mumbai for his job courses
he hardly called me
all time I only called him,msged,mailed,I use to cry all time .my weight collapsed from 56 to 44 kg
I was preparing.for exams
on 27.2.11
I requested him to have relation so that we can HV baby,we had
on 28.2.2011 he went bk Mumbai
that night conceived baby,my mummy underwent uterus removal operation.I plead them to let me go to meet her.
but they said no,they took my cell phone,didn't allow me to talk to anyone.but I told them I will go to Rajasthan,so did come to meet my mummy
I between I cleared one kV school exam written
wen I went bk,may2011
again joined kV,gave them salary,
my husband use to abuse me,my mother in law ,father in law all abused but i was mumm.had singke target that my baby must not get affected
20.11.2011
I had labour. pain , but in hospital mother in law started abusing me DAT,,,she is list h happy to see. this baby..called rajesh n told the same
we came to Rajasthan
april2012
in. family function.
same scene, no talking..husband was least interested in me
they told my papa to take me,n snatched my jwellery
that time husband was sailing
I was with my parents from 8.5.2012 to 14.2.13
he hardly called me,all time warned me telling that he will never come to talk
Feb,2013
he came saying sorry
his parents did not cum with him
I went with daughter ,we decided to not to go Mangalore,instead will stay. in rented house at Jaipur,but. he took me to brother houses,there. same scene again started now brother in law n wife,my husbandsistr
all. abused,pulled my hairs ,thrown me out,I started bleeding
I came to my father place
14 april2013
again they came with. his papa
say in things will not repeat
took me to village near solar
we stayed,samme hitting
10 days after staying. mother in law came.
brought me my parent home.left me
wen I call led he said 'urr language is at jaipur
,take. from there
I went to bring
I founn my money jewelry ,hospital paper missing
now no contact since12..5.2013
on18.5.2013 ,,my cousin met an accident, expired
so didn't ask u for so long
wat to do no?
Kindlly help me
how should I move
santosh kumari
Prakash S. B.
18 December 2013 at 15:15
A partnership firm (dealers in Computers and Computer peripherals, Software, Electric and Electronic items etc.) named “M/s Muktai Group” was formed on 01.03.2005 and three partners were carrying on business under a Partnership Deed dated 01.04.2005. One of the partners immediately retired under a Retirement-Cum- Partnership Deed with effect from 21.05.2005 and the two continuing partners continued to carry on the said business as equal partners.
Subsequently, in pursuance of an Agreement for Sale dated 30.12.2005 and on payment of the total consideration amount of Rs. 2,50,000/-, the two continuing partners were holding an Office Premises (on ownership basis ) bearing No. 18/G , admeasuring 4.83 Sq. Mtrs. (Built Up Area), in the Building known as Satyam Owner’s ‘B’ & ‘C’ Wings Co-operative Premises Society Ltd. and five fully paid shares of Rs. 50/- each in the Share Capital of the Society above-named with effect from 20.06.2007. The continuing partner and member of the said Society whose name appeared first in the Share Certificate bearing No. 0124 was “Pravin S. Pol” and the other continuing partner and associate member whose name appeared second in the Share Certificate was “Kishore D. Salunke”. As per the Balance Sheet of the partnership firm for the years 2007-08 to 20010-11, the said Office Premises is not an asset of the partnership firm above-named; it is, therefore, presumed that the partners had invested Rs. 2,50,000/-in the said Office Premises in their personal capacity. It appears that the firm was carrying on its business at the said Office Premises and the partners were receiving monthly rent or income from the said Premises.
Mr. Pravin S. Pol expired on 21.04.2010 and the said five fully paid shares of Rs. 50/- each held by him were transmitted to his wife in the name of “Mrs. Komal Pravin Pol” with effect from 03.12.2012 and the name of his wife appeared first in the Share Certificate bearing No. 0124 and the name of the other member (Kishor Salunke) appeared second and he continued to be an associate member of the said Society. The original documents, namely, Agreement for sale dated 30.12.2005 and the said Share Certificate remained in the custody of Mr. Kishore Salunke after the demise of Mr. Pravin S. Pol.
On 29.12.2012, two documents came to be simultaneously executed, namely, (1) MEMORANDUM OF UNDERSTANDING between Mr. Kishore Salunke of the FIRST PART and Mrs. Komal P. Pol of the SECOND PART AND (2) AGREEMENT FOR SALE between Mrs. Komal P. Pol of the FIRST PART and Mr. Kishore Salunke of the OTHER PART.
Under the MEMORANDUM OF UNDERSTANDING dated 29.12.2012 (Stamp Duty of Rs.100/- was paid by Mr. Kishore Salunke on 27.03.2012 as per Franking done thereon by Thane Bharat Sahakari Bank Ltd.), it was mutually agreed: (1) That Mr. Kishor Salunke will pay an amount of Rs. 10,500/- to Mrs. Komal P. Pol by cheque immediately, (2) That considering the capital investment and other investment of the deceased partner, Mr. Pravin Pol, and for finalizing the Account of the firm, Mrs. Komal P. Pol will give up all her claim on the partnership firm, including the said Office Premises situated at No. 18-G in the said Society, after Mr. Kishor Salunke pays the full amount of Rs. 3,50,000/- (including cash of Rs. 1,14,500/-) to Mrs. Komal P. Pol on 20.01.2013 as per the mode of payment mentioned therein and Mr. Pravin Pol’s debit / negative Capital Balance of Rs. 2,50,181/- as per the Balance Sheet of the firm as at 31.03.2011 is waived off, (3) That after signing the MOU, Mrs. Komal P. Pol will transfer the said Office premises in the name of Kishore Salunke and that, thereafter, Kishore Salunke will mortgage the Office Premises and pay Mrs. Komal Pol the full amount of Rs. 3,50,000/- and that the transfer of the said Office Premises in the name of Kishore Salunke will be invalid if Mr. Kishore Salunke fails to pay the full amount of Rs. 3,50,000/- to Mrs. Komal Pol within three months from the date of the MOU as agreed therein. On the date of signing the MOU, Mr. Kishor Salunke paid an amount of Rs. 10,500/- to Mrs. Komal Pol by a cheque dated 29.12.2012 and the balance amount of Rs. 3,39,500/- was payable to her on or before 29.03.2013 i.e. within the time frame of three months as agreed in the MOU.
Under the RECITAL to the AGREEMENT FOR SALE dated 29.12.2012 (Stamp Duty of Rs. 11,780/- paid on 24.12.2012 by Mr. Kishore Salunke on the basis of Market Value of the said Office Premises: Rs. 2,07,000/-), it is stated the Transferor (Komal P. Pol) was holding the said Office Premises admeasuring 2.415 Sq. Mtrs. Built Up Area, i.e. 50% Undivided Share of 4.83 Sq. Mtrs. Under the said Agreement, it was agreed as follows: Under Clause No. 2 (a) of the Agreement, it was agreed that Rs. 10,500 will be paid on or before the execution of these presents. Under Clause No. 2 (b) of the Agreement, it was agreed that Rs. 2,25,000/- will be paid on such other date as is mutually decided by the parties but not later than _______ 2013 simultaneously against actual physical vacant possession of the above said 50% Undivided Share in Office. The date was kept blank. It is pertinent to note that Mrs. Komal P. Pol was never in physical possession of the said Office Premises after her husband’s death and that Mr. Kishore Salunke was throughout in actual physical vacant possession of her 50% Undivided Share in the Office Premises. Under Clause No. 14 of the Agreement, it was agreed that subject to Clause No. 2 (b) of the Agreement, the Transferor (Mrs. Komal P. Pol) agrees to transfer the said shares and her interest in the said 50% Undivided Share in Office Premises to the Transferee (Mr. Kishor Salunke).
Till date, Mr. Kishor Salunke has neither paid the balance amount of Rs. 3,39,500/- under the said MOU dated 29.12.2012 nor has he paid the balance amount of Rs. 2,25,000/- under the said Agreement for Sale dated 29.12.2012. Shockingly, Mr. Kishor Salunke, in collusion with the Secretary of the said Society, succeeded in getting the said shares transferred in his name with effect from 04.01.2013, i.e. within 32 days from the date of the previous transfer of shares in the name of Mrs. Komal P. Pol (03.12.2012). He is also claiming 100% Undivided Share and interest in the said Office Premises, i.e. 4.83 Sq. Mtrs.
QUERY: Please suggest appropriate and necessary legal steps priority-wise as Mrs. Komal wants to take legal action against the Secretary of the Society and Mr. Kishor Salunke (including criminal action against Mr. Kishor salunke if his acts amount to cheating and / or fraud) for illegal transfer of shares and cheating. She wants to restore her legal rights in relation to the said five fully paid shares and her 100% share in the said Office Premises, if possible.
sagar jadhav
18 December 2013 at 15:08
1) I had deal of flat with one party whr sales deed was not done,we were to do agreement to sale only
2) Buyer cancelled mou
3) There is no mention on mou I have to return token amount or return in specific time
Am I legally obligued to return money?
VANGARI GANGA RAJAM
18 December 2013 at 14:26
my client has given a signed cheque to Mr.X without writing Mr.X name on the Cheque. Subsequently, Mr.X has transferred the said Cheque to Mr.Y and Mr.Y has presented the said Cheque for collection and due to lack knowledge of cheque presentation to my client, the said cheque was bounced. And Mr.Y has issued a Cheque bounce notice to my client, whereas Mr.Y is not known to my client.
whether can we take plea of this that Mr.Y is not known to my client and regarding transfer of the cheque from Mr.X to Mr.Y ?
please help me in this regard
raj
18 December 2013 at 14:11
sir,
i live in hyderabad india.
my grand father purchase a house on his name in 1938 by sale deed registered at sro. my grand father and grand mother expires in 1987.they did not write a will deed.my grand father had only one son that was my father.my father did not registered that house on his name as no will deed,but he changed property tax on his name and lived whole life in that house.my father and mother expired in 2001.
my father before he expired he gave me will deed registered at sro, that the house will equal divided in me and two brothers only.
my five brothers and two sister fighting case in city civil court.no body has any kind of will deed.if i submit my will deed what will be possible results.please answer me.
raj
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Road accident punishment
Dear All,
Last year I had a bike accident which ended up in a 65 years old man death after 25 days.
I only took the person to hospital. As the accident was caused to his negligence while crossing the road his relatives talk to me in good manner and when we got the report that there is an internal bleeding in his brain we filed the accident case in police station for insurance purpose. I reported police station and they made the F.I.R, after 20 days when he died again i reported police and took the bail also.
Now the case has been called by the court,me and uncle (bike owner)got the notice. As now i am residing abroad and not able to report court, my parents arranged an advocate. He informed my parents that when I am reaching India he should be informed before,so that he want to move for another bail.
Can any one clarify me on
1. For what reason i should take bail?
2. What will happen if i am not taking bail and arriving India
3. What is the maximum punishment for this case?
Please advise .