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Ashok   03 September 2019 at 16:57

Last name mismatch in property

Hello,

My late father inlaw Shri Badri L Mistry owns house in SRA(Slum Rehabilitation Authority) building in Jogeshwari with nomination of his wife Smt Leela Badri Rana.
He had changed his name from Mistry to Rana through letter from local corporator, no gazette nor newspaper notification given.

Death Certificate is in new name ie, Badri Rana. Now society is not transferring nor giving NOC stating both names are not matching as per society documents. We submitted affidavit, PAN details with different name but having same number and IT return documents to prove Badri Mistry and Badri Rana are same person.

Society is 13 years old and its CHS now, not accepting any plea.

What should be the solution for this? Kindly help.

Anonymous   03 September 2019 at 16:35

Written statement

Sir
My mother (plantiff) filed suit for deceleration ( she lives with my brother )
After that she died
Notice was not served to me
I came to know about that case after she died and I accept notice
Now I have given time to file written statement by court
No LR application has been filed by counsel for plantiff (my mother) till today
Now whether i have to file written statement within 90 days
or
I have to wait for LR application to come before Court

(As I am in confusion that how can I file written statement against the plantiff who is dead and no LR is their on her behalf to come and contest case)
Or
What will be the limitation for filing written statement .....
whether 90 days (from appearing in court ) or (from the date when LR will appear)

NAGARAJ   03 September 2019 at 16:00

Partition suit

Partition suit filed in the year of 2007 .plaintiff not added the house property in to the suit because defendant no.1 along with plaintiff given the said house property to contesting defendant no.2...in the year of 1980 itself....as a plaintiff now also we dont want that house........in future whether my partition suit is dissmissed for partial partition and it is not maintainable ?.
As a plaintiff shall I give interest on house property to Def no_2

Gopal R   03 September 2019 at 15:48

Legal Heir Certificate

My grandfather died in 1990 and my father died in 2014. My grandfather had 8 children 4 boys and 4 girls.
Now all our property is in "common patta" and all legal heirs i.e. my father and all his brothers' names are included in it.
When I approached the local VAO to change all our property into my mother's name he asked me to bring my grandfather's legal heir certificate.
When I said that out of 8 children of my grandfather only 2 are alive now. He said that then I need to attach the respective legal heir certificates of all the deceased childrens of my grandfather.
This is practically not possible as approaching my uncles' and aunts' children and grandchildren will take ages. Even if I approach them nobody will hand over their father and grandfather's legal heir certificate.
So what are my chances of getting my grandfather's legal heir certificate and converting our property from family's "common patta" into my mother's name???

Banuvara Raja   03 September 2019 at 14:49

What next after warrant issue?

Court has issued warrant in execution proceedings. My questoins are.
Will the court arrest them and put them behind bars for not obeying court order?
Shall I give application for issue of NBW now?

Vashishth Joshi   03 September 2019 at 14:09

Personal guarantee by indian resident

BRIEF OF THE TRANSACTION

An Indian company is willing to enter into several trades with a company in Ghana. The partner/director of this Ghana company is an Indian resident. He assures to give the Indian company a certain amount of trade and a fixed percentage of return for the credit period he uses to pay the invoices. There is an understanding between this Ghana company and Indian company whereby, the Indian company would sell goods to Ghana company under credit terms (4-6 months). However, the Indian company needs some security of the payment. Hence, the partner of this Ghana company is ready to become a guarantor and give PDC (as security) issued in his personal capacity in favour of the Indian company. If the Ghana company defaults, the Indian company can encash the cheques of the Surety or sue him if it is dishonoured.

QUESTIONS:

1. Can this Indian person, being a partner in the Ghana Company, act as a Surety and give personal guarantee under the agreement?

2. Is Indian company entitled to receive PDC in INR as a security, for the given transaction (being in foreign currency) and be able to effectively use it to cover its debt, if the foreign company defaults in payment?

3. Considering the involvement of foreign currency bill being secured against Indian currency PDC, is there any requirement to report this agreement to RBI or need to follow any FEMA guidelines?

Tanx   03 September 2019 at 12:57

Society rwa not conducting audits and misuse of funds

Hi. I stay in tulip petals society which is governed under haryana apartment ownership act. In last 7 years there was no audit conducted. Also recently the elections were held where there was a variance in vote counting and later displayed results. Please suggest who can I complain and escalate this matter. Can Election be null n void.

Sameer Apte   03 September 2019 at 11:12

Deed of Assignment Registration at Sub Registrar Office

I have purchased flat in Pune in 2012. Agreement to sale was registered in Dec 2012 and possession was accepted in 2014. But since then builder has not provided us completion certificate. I have requested him to register Deed of Assignment just to confirm all transaction completed smoothly. Draft of the same was submitted to builder's lawer for review and now his builder is saying according to MOFA you can not register such document rather form a co.op. Soc..
Does formation of society and deed of assignment are linked?

Banuvara Raja   03 September 2019 at 04:14

Why took only one person signature

We are 6 decree holders in the same suit. We have filed execution petition against defaulters who are 20 persons.

On the crpc 200 application sworn in statement judge took oath of only one of us in the box. And took same persons sign but not all our signature.

Can you guess why judge did like that?

Anonymous   02 September 2019 at 23:21

Negotiable Instruments

Whether the complainant under NI case can drop one of the accused person from the case, stating the person has nothing to do with issuance cheque. Any decided case law please.