Abhay
05 October 2019 at 11:28
Our is Co-op hsg society. There are 4 (ABCD) buildings. While ABC was completed in 2011, D was completed in 2013. Society is functioning since 2011. There are common amenities like swimming pool, Gym, basketball court functional since 2011. Issues
1. Society asked for more money from D building for sinking fund. Their theory was to equalize sinking fund collected by ABC so far. Management Committee (MC) promised to keep all D building accounts separate. This was also minute in AGM. Now, MC, while taking advantage of majority of ABC changed stand and declared that accounts will be merged.
2. There seems ulterior motive of utilizing sinking funds and other surpluses for major repair work erupted in ABC.
3. MC charged more monthly maintenance to D building owners for more than year before issue was raised in AGM and then they brought it at par.
4. With majority of ABC members in AGM, D does not get heard. There is tendency of MC to over rule and work in interest of ABC.
Questions"
1. Can society charge different maintenance for different buildings?
2. Is it illegal to have separate account for D? D owners have clearly stated that common amenities will be paid for by D in proportion to members.
3. As ABC and D are located on different plot separated by corporation road. Could D owners request for separate sub-society with access rights to common amenities? (Note: D building is separate plot, all meters, entry, exit, water connection etc. is separate)
4. Can Sinking funds for D be maintained separately?
Society is located in Pune, Maharashtra.
NAGARAJ
04 October 2019 at 20:53
Im for plaintiff in partition suit ..2nd defendant filed original written statement in the year of 2010 D2 died on 2018 now his LRs for drag d matter two months back filed amendment application u/o 6 r 17 cpc for amending the written statement and after two months 2nd time again filed amendment application for amending the written statement seeking to add certain self aquired properties of plaintiff and concocted theory I.e plaintiff name impersonation dispute ....the suit filed in the year of 2007
.any sujjessions or Any citations to reject the written statement amendment application ..?
Thanking you sir
Anonymous
04 October 2019 at 17:03
Hi,
I and my wife seems to be headed for a separation and its seems to be matter of time now. I had a couple of queries:
1. I m in a situation right now that even for smallest of the fights & arguments, my wife threatens me and my parents that she'll falsely complaint against us for a physical violence, which offcourse absolutely doesn't take place at all. However, we would like to avoid any kind of possibility of that given her nature and the way things are headed. Hence, we (I & my parents) are contemplating moving out of our Rented home to a different place. Is there advisable or a risk/issue in this? Also, given her behavior, its very possible that she falsely files a complaint even after we moving out (sooner or after many mths) against us for any physical violence or any other thing?
2. My elderly parents would like to stay with me. But are not able to do so because of my wife's behavior and threats. Is there any way to counter her threat by filing a pre-emptive counter complaint to make us feel secure against her any steps/complaints/threats?
3. What happens in case of alimony? Is it always 50% of my present assets and/or future income that i have to part with? I m in a 5 yr marriage and my salary has increased more than double during this time? What if I transfer all my bank savings and assets in the name of my mother, would she be able to claim on that as well? If my mother buys a home from this tranferred amt, in a joint name with me (as this would be required in a home loan), would my wife be able to have a claim on the home since its in my joint name. How can i reduce my ownership in the home to a minimal, which ensures least claim from my wife & also ensures my ownership, which is required by the bank for issuing the loan.
Kindly guide
Anonymous
04 October 2019 at 15:35
Can police file backdated GD ? If yes,how do we identify it ? I am concerned that my wife, resident of Bihar , might use bribe to file a backdated GD for a 498 complaint. Can it be done ?
visuiyer
04 October 2019 at 14:17
I have drafted a will but need some support and assistant in uploading the document in Tamilnadu-Chennai.
because the portal has a set and default format which is not matching the requirement of the content which I have drafted in the will document.
May I request any expert to call me in completing the process at Chennai.
Dinakaran S
04 October 2019 at 11:38
I got contested - exparte divorce in 2017. She filed a Maintenance case and herself withdraw in the year 2017 after outside of court settlement.
She is carrying my daughter. In none of the cases, didn't talk about my daughter. I wrote a petition to my daughter's school to understand about her study details in march 2018. School principal intimated to her. She immediately denied to share about my daughter's educational details by replying false statements.
She filed a complaint in Social welfare women's protection against me, my father and mother. Social welfare officer asked us to present on June 2018. We replied through letter to share the complaint letter and then no reply.
Seems that they forwarded to the court and filed case under Domestic violence case (DVC) in Judical Magistrate, additional Mahila court. That is, recently we came to know that the domestic violence case filed on November 2018 without issuing any notice to us from court. Also, the petition got allowed with 13 hearings and Judgement made then case disposed in May 2019. Heard that her lawyer is Additional Public Prosecutor 2.
How it is possible to file a case against us without issuing any legal notice?
Is that judgement valid(null/void) Judgement?
Can we go for appeal in high court?
If no, in the same court (trichy) appeal is possible? We feel no safety for our lives if the appeal goes on the same court(trichy).
So, can we approach hight court to run the case in between trichy and tiruvannamalai?
What legal actions we have to take now to protect ourselves against judgement?
Thanks in advance
Anonymous
04 October 2019 at 10:52
Sir,
My elder brother was constructing his own houses in the period 2015-2017 and taken service from lawyers for clearing his property papers.
My father expired recently. We 3 brothers were shocked when we come to know that father had written Will which is properly attested at the sub Registrer office in the year 2015 with property right 37.5% for Elder Brother (1/8th in his name, 2/8 in the name of his daughters), 25% to Third Son (1/8th in his name & 1/8th in his minor Name), 12.5% to 2nd Son who is unmarried, 12.5% to 4th Son who is also unmarried but recently married and 12.5% in the name of mother. He used same Lawyers and Witnesses who helped in his house constuction.
My father told me to share share property equally by 1/5th Basis(20%) when he was not well. Now my elder brother he is agreeing to share property on 20% basis and told me to take necessary steps.
Please let me know how i should take it forward.
Regards,
jains
04 October 2019 at 04:20
The suit is for declaration of a sale deed null and void. The deed was seems to be execute by its owner who was unsound at the particular time. The unsound was made party to the suit along with her daughter who stood as the next friend. Whether daughter need to be appointed a the guardian by the court for the unsound to conduct the case properly.?
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