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Anonymous   22 December 2020 at 14:20

Arbitation case with cane society on illegally increased the

I am tenant of Cane Society UP shops. Cane society had increased rent 10 times in a stance by SDM which was not the authority for the same. even nagarpalika market shops are not charging the same amount. I had filled a arbitation case with Cane Society in 2014 under which stayed was granted and matter still under jurisdiction of Civil Court Ghaziabad. Since 2012 no rent (new and old) have been deposited with court and cane society is not accepting old rate rent. Even the matter still in court, Cane society verbally threatening for deposition of outstanding rent on new rates.

My question is

1. Can we file a fresh appel with court to accept outstanding rent on behalf of can society and further monthly rent will be deposited with them.

2. Since we have to do our business and if we paid increased rent to cane society then whether on basis of that arbitration suit gets cancelled or set aside on that proof.

3. Since matter under jurisdiction of court hence, can Cane society tranfer the shops to someone else being non payment of rent. Is it possible...

Beyond the aforesaid if any new suggestions on the same may pl be given..

Anonymous   22 December 2020 at 13:06

Access to water tanks and car parking

Hi Good Morning. I live in Ghaziabad, U.P. and owns a builder floor (Ground) in a three floor building. I have two queries.

1- Our water tanks are on top of building. 2nf floor owner says he has floor rights and he has constructed an Iron gate after 1st floor stairs which remains always locked. 2ndly he has build a shed on roof with half bricks, iron angle , Glass and plastic sheets. Whenever we have to check our water tank, we need to ask him to open the gate. It is very frustrating to beg for our rights. Many time they are on holidays and we do not have any way to look after our water tanks. Neither he is ready to give a key to us. What should i do in this case.

2- I have a separate Iron gate in front of my floor apart from a common gate for all floor. Usually we two (GF and FF) parked our cars in front of my separate gate but for last 10 years i could not open this gate the iron gate got broken due to corrosion. I built a new iron gate but now i want to use this gate for my day to day usage however, the FF owner not ready to remove his car. He says he also have share on this parking. The 2nd floor owner parks his car outside the colony gate. I tried convincing the FF owner that this is my our personal gate but he is not ready to understand. What should I do? Looking forward for your valuable suggestion.

Regards
TRS

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   22 December 2020 at 02:23

Termination of consultancy agreement

I have consultancy agreement for three months, executed on 29 Oct 2020.I am not able to perform the duties due to personal problems. Let me know how to terminate the agreement?

Mohammed Vaid   21 December 2020 at 12:49

Tpa denying cnvm retina treatment claim.

Hi,
I am working with TATA Consultancy Services Limited, and we have corporate mediclaim policy.
Yesterday my Eye Dr. advised me to undergo CNVM retina treatment, where he will give me Anti-VEGF injections inside my eyes as I am suffering from bleeding problem on my Retina.
As per the doctor this needs to be treated urgently without any delay and doesn't requires hospitalization, otherwise it can lead to complete blindness. I just have to visit him and he will give injection into my eyes and will let me off, the whole procedure would be of 10 mins.
He informed me that this treatment is covered under Mediclaim policies and as per him this is approved by IRDA too.
I raised this query to our company's TPA "Medi Assist Insurance TPA Pvt. Ltd." and they are denying to pay for this stating that it is not covered in policy.

I need help on this. Can you please advise is this covered as per the law or not.
If they don't agree to pay, what rights do I have to claim for the same and to which authority should I plea.


Anonymous   21 December 2020 at 09:20

Poa for "assignment agreement" to transfer flat

Hi,
Myself and my wife (both residence status NRI) jointly booked a flat in Bangalore in one of the Prestige projects. We got the possession of the flat in Nov-2018. We could not register it because of we could not travel to India.
Now we want to sell this flat. Because this flat is not yet registered in our name, transfer of flat will happen from us to buyer within Prestige only, then buyer can go for registry directly with Prestige.

To start the process agent said we need "assignment agreement" to be signed between us and buyer.
Since we are not in India, buyer is asking for Power of Attorney who can sign "assignment agreement" document.

My questions are:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?


Thanks.

Srini   21 December 2020 at 01:03

Plot in panchayat area

Please advice me on Purchase of Plot in Panchayat area.

I am living in outskirt of Chennai City. I want to buy a plot and construct building on it for residential purpose.
I got an offer that plot is available in Panchayat Area it is not either approved by CMDA and DTCP. I have planned to buy said Plot since cost of Plot is lower than CMDA/DTCP approved Plot. I asked Real estate guy that any problem would arise in future to buy unapproved Plots he said No.

My question are

1. Is it safe to buy unapproved plot for residential purpose in Tamilnadu?

2) What are legal consequences will have to face in future?

3) Will i get all infrastructure facilities provided by Govt if i buy the Plot in Panchayat area Ex. drainage, Tar Road, water connection and Street Lights?

Anonymous   20 December 2020 at 16:35

Land lord involved in fraud proceeding for eviction

Greetings!

We have been frauded by property agent and his companion in Mhada flat, but they couldn't have done this to us without owner's permission. How could a 2nd. person claim himself as an owner of the flat and gone into a notarized agreement with us and given keys and possession to us without owner's involvement. It was our first possession in flat so the Documentation knowledge was not enough, we didn't check any documents. This is our mistake. But the owner of the flat must have known each and every rule to have a Licensee. He gone for an agreement without meeting us and get paid monthly rents from 2nd. Person. The 2nd person misused our aadhar Data by saying that your notarized agreement will be registered online, of which we had no knowledge. They made another agreement of monthly rents between main owner and us which we came to know when fraud happened.

The main owner of the flat remained silent for one year, when the 2nd. person emerged as a fraudster, the actual owner came in Front and started harassing us in different ways to vacate the flat.

Now the main fraudster is in jail to whom we have paid a heavy deposit. Property agent has been declared as Farar. We have possession, and owner tried to vacate us by paying one lakh rupees which we denied because for us he is the same responsible as the fraudster. The owner harrassed us by trespassing (FIR registered) and in different ways.

Now he is supposed to send us legal eviction notice. We want his involvement in crime to be exposed. Your kind advices will be highly appreciated.

Thanks and Best Regards

Anonymous   20 December 2020 at 14:01

Legal validity of registered notarized affidavit

During the case hearing with Dy. Registrar instead of physical presence of purchaser of the flat we had submitted the Notarized Affidavit of the purchaser duly signed and registered by the notary. The respondent advocate is refusing to accept the affidavit as evidence on the ground that it is not valid and legal document. According to him it can be easily obtain by any one from any court. We argued that Notarized Affidavit is a legal document and it is accepted even in the High court and supreme court also. please advise

Anonymous   20 December 2020 at 10:27

Divorce appeal

I want to file an appeal against divorce decree in the high court , however the lawyer is saying that he will appear in the appeal till it is admitted as thereafter the appeal can take 4-5 yrs to decide. I am unable to follow what lawyer means to say ,'that he will appear till admission .Pls can someone clear my doubts

Read more at: https://www.lawyersclubindia.com/

Mohammed Rizwan Shaikh   19 December 2020 at 19:22

Deed of confirmation

Respected Experts,
My Society procured Unilateral Deemed Conveyance Order-cum-Certificate. The land-lord challenged the same in the High Court. The Hon'ble Court passed the order in favor of the Society and confirmed the order of DDR. Thereafter the Society applied for Stamp-Duty Adjudication of the Flats with the Collector of Stamps. The Stamp-Duty were duly paid by the Society Flat members. Thereafter, the Society submitted documents enclosed with the draft Conveyance Deed with the DDR for the signature/execution of the said Uni. Conveyance Deed. The DDR endorsed his signature on the Uni. Conveyance Deed on 18th February 2020 and directed the Registrar for the Registration of the Uni. Conveyance Deed. Since, March 23, 2020 the lock-down started. As the Conveyance Deed was with the COVID patient, the Society was not able to submit the document on time for the registration. After getting the document from the COVID patient the Society handed the document to a consultant wherein he delayed the submission. The Society took back the Conveyance Deed from the consultant. The Consultant informed that a Deed of Confirmation will have to be executed along-with the new draft of the Conveyance Deed.

Please Note:
The Stamp-Duty has been paid, the Collector Office informed only 100/- stamp duty will have to be paid.

Please advice:
(1) In the Confirmation Deed, do I need to enclose the Original Conveyance Deed along-with the new Draft of Conveyance Deed.
(2) In the Confirmation Deed, do I need to mention entire history along-with the Exhibits or without Exhibits as the exhibits will be attached with the new draft Conveyance Deed.
(3) The Confirmation Deed will have to be executed between DDR and Society, right?

I would certainly appreciate if you respected experts help me with the format and share your advice on this issue.

Regards,

Mohammed Rizwan