Naveen Kanth Dasari
10 October 2019 at 15:15
Hello Experts,
I have query regarding one of my property. We are three brothers and my mom have acquired some 150 sq.yds of property through my maternal grand mother by way of a WILL. Later in 2006 the same property my mother transferred the property to us three brothers by way of a registered gift settlement deed, however it is no where mentioned in the Deed that all of us have equal share its only a simple Gift. Now I and my younger brother wants to sell the property as we stay in that house and as we live in our respective portions (my elder brother live on the first floor and me & my younger live in the ground floor) but our wives always quarrel with each other on a daily basis so unable to bear this I and my younger brother have decided to sell our share and buy some new house in different places, but my elder brother is not allowing us to sell the property though we have also asked to purchase the property if he is interested, however earlier my elder brother tried to sell his share to some third party and when i objected to it as I was interested to buy the same. Now our problem is we cannot live like that our wives fighting with each other on daily basis. I want a final solution for this. my queries are:
1. Can I file a case in the court so that the court can order my brother not to interfere in our property and we can
sell it easily without any problems?
2. Can we sell our share of property? can my brother file a case against us?
3. Is there any other remedy? But most probably i want a court order?
Plz suggest me.
Thank You.
Anonymous
09 October 2019 at 16:15
Dear All,
I hereby request the experts in this forum to guide me on the following:
An unlisted public company has offered to its members for allotment of shares on Rights basis. As per the recent MCA guidelines issued issued under the Rule 9A (2) of The Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018, wherein it was expressly stated as - “Every unlisted public company making any offer for issue of any securities or buyback of securities or issue of bonus shares or rights offer shall ensure that before making such offer, entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with provisions of the Depositories Act, 1996 and regulations made there under”. However on the date of offer i.e. Record date about 70 out of 169 promoters (viz. about 42%) are yet to complete the Demat process.
On completion of the issue period the company conducted a board meeting and issued the shares on rights basis to all those members who applied for shares in such Rights Issue. Funds collected were transferred to the company's current account from the Escrow account.
Is such allotment valid as per law? What is the recourse we have to take action against the management of the company? One of the investors has filed an official complaint with the ROC however there was no action from the ROC.
Thirumalai Dasan K
09 October 2019 at 15:20
Sir/Madam, I am working in a private ltd co. in Chennai and is authorised signatory for business activities except for signing cheques. A cheque for INR 12,00,000 / - signed by MD issued to a supplier in Gujarat. Before the cheque date, we paid around 6,50,000/- through NEFT. Despite this the supplier deposited the cheque and filed a case u/s 138 at Magistrate Court in Ahmadabad against me and my former purchase colleague. Kindly explain pros and cons and advise on this. Thanks in advance
Anonymous
09 October 2019 at 13:40
Hello sir
I purchased a NPA property in June 2017, made full payment and sale certificates was issued by bank. Borrower went to DRT and case is there undecided till date. Court also made me a party. My money is struck. I do nt want money back but possession of property. More than two years has passed. What should I do to expedite the case and to get physical possession asap. Regards
Anonymous
08 October 2019 at 21:06
In a contempt order madras high court ordered two contractors n an officer to pay 40000 to a charitable trusts. In the counter affidavit also contractors submitted fake non judicial stamp papers as docs. Treasury officer says that the stamp paper are not issued to the stamp vendor. So it is fake. Now what type of case should I file in the same HC? Contempt r fresh WP etc. Kindly let me know sir
Anonymous
08 October 2019 at 20:16
I have house property(flat) which is under home loan and have Xerox of agreement deed with me.while sanctioning loan lender has taken sign of other family member that they can not claim property if something happens to me.
Can I still make will of house property in current condition.Society formation of such new building is yet to happen.
Please advise.
Swaminathan
08 October 2019 at 12:56
I have participated in bank auction under SARFAESI and declared as highest bidder and I have paid full payments for the property within stipulated time. Sale certificate also issued. Bank applied to DM for physical possession. Already 6 months over. DM order not yet issued. Borrower not disputed.
1. Whether Registration is allowed under SARFAESI act before physical possession ?
2.Can I go for registration of property or to wait for DM order ?
mabusubhani
08 October 2019 at 09:31
MY FATHER SELF EARNED PROPERTY GIFT TO HIS UNMARRIED DAUGHTER. AFTER THE DEED REGISTERED, MY FATHER PASSED AWAY (in 16months).Yet She can not changed house Tax, Electricity bill etc. What is her rights on that property. Family members ARE mother, one son, two daughters she can give that property to anyone
raghavendra
08 October 2019 at 06:56
Sir,
I have filed the writ petition challenging dismissal order. before dismissal charge sheet was issued enquiry conducted. my prayer in WP was only reinstatement, I have not paryed to quash departmental enquiry.
my question is this necessary to pray to quash the enquiry along with quash dismissal order.
Thanks
harish
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Cheating by building contractor
Dear Respected Professionals,
I hereby request you to suggest me in the following case:
Myself and my husband both are working and recently one year back we have purchased land in Bengaluru. with bank loan we have started constructing independent house. meanwhile during the search of a servant maid, one of the known person to my husband has approached us introducing himself as contractor building the houses and have experience and labour with him. in order to obtain the contract from us he has engaged his wife to take care of my kid and influenced us emotionally and got the contract without any agreement execution. before granting the work to him, we have clearly instructed him that the construction work has to be completed by oct-2018 as we have tight financial plan with loan. he agreed and commenced work. in good relationship with him, we have transferred 2 lakhs to him to his bank account. for two months the work went well. after two months the labour at site stopped working when enquired told us that they are not getting their payment regularly from the contractor and in between when inspected the sight the labour were less and are not coming on time. hence, we brought the same to the notice of the contractor who has informed us that he has paid advances to all. when enquired deeply, we came to know that the contractor has not paid wages to the masons and has given the amount on interest to them. then we have decided not to transfer the amount directly to the contractor and started paying wages to the labour directly. at certain point, my parents were hospitalised and we have stopped the work for one month as we have gone to home town. later the work was resumed and was going on very slowly. we have demanded him to engage more workers to complete the same at the earliest possible as the house warming date is approaching. in reality, the contractor had no labour with him and cheated us. then we have clearly informed him that if he is unable to engage labour, then we will look after another for completion of the building as we have a loan burden and emi payment monthly. then the contractor has started spreading messages that we will not pay amount in time and threatened the local people to work with us. therefore, our building was stopped in between. he even stopped coming to my site. we engaged few other contract people and finished the basic structure and shifted into the same in order to subsidise our financial burden. recently the contractor has approached with few local people and threatened us. how to proceed against him for incompletion of the work and for threatening us. we even have approached police but of no use as they have influence.