vaishali jagtap
29 August 2014 at 11:40
A We are 3 sisters & my mother are living.
1. On 7/12 there are 28 members available. My father & my mother”s name are also on 7/12
My father passed away in 2004 & my mother is alive.
2.On FERFAR PATRAK there are 70 members are available (including those 7/12).All the member made one proposed society only on paper which is not regd yet. Who has land original paper that person himself become society chief . and this society chief had mad one society management team as per his own choice without knowledge of all members. In society management team may be 4 persons available.
B Now FOR LAND DEVELOPING one agreement is registered in july 2011 between 3 below.100 flat will be construct by the developer for all members. Land area is approximate 7 acre.
1. DEVELOPER(three persons)--who is investing money.
2. CONFIRMING PARTY(one person)---who had done all paper work procedure.
3. OWNER---- Whose name available on 7/12.
C. CONFIRMING PARTY approached us to give sign for registration. For that CONFIRMING PARTY will give 2 flat one for my father and one for my mother .For that CONFIRMING PARTY given sign on 100/- Rs Notary. One notary made between my mother & CONFIRMING PARTY. Second notary made between CONFIRMING PARTY & 3 sisters.Then my mother had gone for registration with my father death certificate. CONFIRMING PARTY told us that we should deduct my father name on 7/12 & make entry of 3 sisters on 7/12 which we have done. Later we learn that CONFIRMING PARTY has made fraud with us. When we ask all clarification to CONFIRMING PARTY then CONFIRMING PARTY started to avoid us.
D We had given sign for below reason.
1. we do not have original paper related land.
2. The CONFIRMING PARTY was from our caste.
3. My father is not alive who has some knowledge for this land.
4. society management team never called us after my father passed away.
E CONFIRMING PARTY was not giving equal benefite to us which he had given to another 7/12 persons. CONFIRMING PARTY wants sign of our 3 sisters on some paper. Which paper we do not know. Because of this CONFIRMING PARTY & DEVELOPER did not start construction yet.
F. The agreement is in favour of developer & CONFIRMING PARTY only. This was done because of society management team stupidity. However so many norms violated by developer & CONFIRMING PARTY .Now only society management team is coming to our home to give us trouble.They want only our sign which we are not giving.IF we want clarification they are not giving. We refused to give sign because developer & CONFIRMING PARTY are not showing all papers.
G. Now my questions are below for that we need clarification:
1. society management team directly say us to give sign on HAQ-SOD PATRA by notice. We replied of their notice.we ask some clarification as per their notice which they are not giving then what can we do?
2.Can we cancel registration of my mother individually? If yes how?
3. society management team is making false police complaint of cheating & blackmailing against us. society management team is calling us to police stn via police.we had gone to police stn more than 3 times and we refused to give sign on any paper. However police is always calling us.So what can we do against police?
4. we don’t have society off add, so how can we send notice to society management team?
5. If CONFIRMING PARTY & DEVELOPER are not accepting our notice more than 3 times what can we do?
6. If CONFIRMING PARTY & DEVELOPER are accepting our notice and did not give reply within time than what can we do?
7. society management team is saying that they will give us only one flat for mother only. so I am asking that 100/- Rs notary is enough to protect our interest? If not then what can we do?
8. Here land ratio is not happening like 70:30,60:40,So what can we do?
9. Like MOFA in maharashtra there is any law for developer and owner which can protect owner right?if yes what is that .
10. Until they (all of them) will not give our clarification then we will not able to know what exact fraud made with us. So Can we ask all clarification by notice to all of them?
john k
27 August 2014 at 08:28
Sir, we are in a process of redeeming our house which was mortgaged for several years without any documentation done from either side neither any land docs submitted to mortgagee. The mortgagee sold it to third party saying that my father sold it him, now whatever the circumstances are, both the mortgagee and the 3rd party buyer are willing to compromise with a certain amount of which we also agreed. Sir now what i'd like to know is should i mention both the parties (mortgagee, buyer) or only the mortgagee in the compromise document. What should i do. Would be grateful...!
Nilesh
26 August 2014 at 18:07
Friends, If I earn profit through sales transaction of MCDEX registered broker whether vat applicable on that sales purchase transaction i.e. gold/silver, crude oil, Jiru etc
Share And Securities cover VAT or not?
Friends Pl reply ASAP
RASHMI KANTA SATAPATHY
26 August 2014 at 16:38
Dear All,
I have purchased a piece of land from 3rd party with proper road mentioned in the registered sale seed along with sketch map of the road registered. The same sketch map showing the road is also registered by the 1st party owner of the land who sold the big portion of the land to 2nd party. The 1st party also mentioned 15 feet road provided to 2nd party in the south side of the plot in the registered sale deed of A0.200 dec land. Subsequently the 1st party also sold another A0.100 dec of the land to the same 2nd party showing the continuity of the said approach road of 15 feet in the south and also registered the sketch map of the road. All the transactions made by the 1st party to 2nd party was done in 1996 to 1999. Subsequently the 2nd party has sold part of both the plots (A0.200 dec and A0.100 dec) to 3rd party, 4th party and 5th party during 2002 to 2007. The same road is also shown in the sketch map and mentioned in the registered sale deed. I have purchased a piece of land of A.033 dec from out of the first A.200 dec during 2011 and same road is also mentioned in my registered sale deed and sketch map is also registered. The party no. 4 and 5 have constructed house during 2003 and staying there and using the road. My house construction is complete. Now party no 1 has made a gift deed in the name of his son for the remaining part of the land he has along with the road provided earlier to the 2nd party and using the gift deed the son of party no. 1 has made a boundary wall on the approached road and blocked the approached road to our house (party no.4,5, and me.). We are help less. The party no.1 is demanding huge money for the road. Kindly advise us. With great regards,
R K Satapathy
WHATSAPP 91-8075113965
16 July 2014 at 09:32
SIRS,
I need your help sirs,
i am appearing in a 138 case for the accused.
Actually the accused is a Pvt Ltd Company.
so, the complainant has arrayed 4 persons as accused ......A1 is the company itself, in its official capacity....A2 is shown as "Director" of ....company.....A3 and A4 are two induviduals, shown as "cheif operating officer and executive vice president "....
in the complaint, it is avermed that A2 and A4 represented themselves as persons in charge of management of affairs of business and dealings.
No other document produced to prove this.. just a mere averment.
only A4 person signed the cheque.
case is that :
the was an oral business agreement between the accused and the complainant and the accused took 1 lakh as advance amount and subsequently failed to comply with the terms of the agreement. so the complainant
asked for the money he paid . the the accused gave a cheque , which subsequently
bounced. this is the case .
here, whether i can take the plea that cheque was taken as a security and hence 138 NI Act is not applicable, as per Bombay High court Citation ?
whether any witness is required for the payment of money in 138 cases ?
complaint has been filed against 4 accused , but, notice has been issued only against 3 persons .is it will vitiate the trial ?
( actually there are only 2 persons , other two persons are "legal persons"..ie, cheif operating officer" and "vice president. " )
these are the facts of the case ...
trial is fast approaching .....
so, please help me ....
PLEASE TELL ME WHAT ARE THE DEFENCES I CAN TAKE IN THIS CASE...
WHAT ARE THE POINTS I SHOULD HIGHLIGHT IN CROSS EXAMINATION OF THE COMPLAINANT ?
TELL ME APT CITATIONS ( PREFERABLY OF SUPREME COURT OR KERALA HIGH COURT ) SUITABLE FOR 138 CASE , AGAINST PVT LTD COMPANIES AND ITS DIRECTORS .....
THANKING YOU ALL IN ADVANCE , SIR, ....
SALIL KUMAR
ADVOCATE
THALASSERY
9447536929
9061435365
Isha
20 June 2014 at 12:30
In a trust of 168 accounts (say Trust A), we have one account (say account X), in which a QIB has shown interest to invest. However, investment by the QIB in Trust A is not feasible since valuation of the account X as a part of the portfolio value is not feasible. In other words, while the valuation of the account X is possible based on the nature of underlying securities, the valuation of entire trust is not possible at this juncture due to the difficulty in determining the anticipated proceeds from the balance underlying assets, the expenses and the timelines. The transaction will be done in the following steps:
1.Assignment of Asset X from Trust A (managed by ARC) to Trust B (managed by ARC) at the agreed value say “M”.
2.Trust B will simultaneously receive amount M from ARC for payment to Trust A, and issue SRs (of face value of Rs 1000 each) to ARC (trust deed will be executed for the same) for the amount “M”.
3.ARC will transfer 95% SRs to the QIB at par value.
The following points may be clarified:
A.Legal validity of the proposed structure.
B.Compliance of RBI guidelines for the proposed structure.
CA Shraddha Vora
19 June 2014 at 16:03
Query :
The assessee is builder having various project and the following the Guidance note issued by ICAI for revenue Recognition.
However as per the guidance Note Following is the wording _
“ Further to the conditions in paragraph 5.2 there is a rebuttable presumption that the outcome of a real estate project can be estimated reliably and that revenue should be recognised under the percentage completion method only when the events in (a) to (d) below are completed.
(a) …..
(b) …..
(c) …...
(d) Atleast 10 % of the total revenue as per the agreements of sale or any other legally enforceable documents are realised at the reporting date in respect of each of the contracts and it is reasonable to expect that the parties to such contracts will comply with the payment terms as defined in the contracts. To illustrate – If there are 10 Agreements of sale and 10 % of gross amount is realised in case of 8 agreements, revenue can be recognised with respect to these 8 agreements.
From the above wording point (d) says that agreement of sale need to executed or any other legally enforceable document are realized at the reporting date.
1. Can allotment letter issued to the customer can be said legally enforceable document?
2. If above is yes, then we need to recognize the revenue on the advances received (more then 10%) cases of which sale agreement is not executed?
3. What is market trend used by the builder for the aforesaid cases?
Shweta Bagkar
19 June 2014 at 12:14
My friend has cleared aibe exam this year 2014. Can he file vakalatnama or he has to take provisonal sanad till he get COP.?
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Undivided share of a commercial space
Hi,
One of my friends is planning to buy a undivided share(floor space) of a commercial building which pre-tenanted.
Seller is ready to mention undivided share(floor space) in the sale deed but refusing to mention about undivided share(land area), which I feel is very crucial to ascertain ownership. After bit of negotiation. seller is Ok to mention undivided share(land space) as proportionately but not ready to mention exact SQ ft in the sale deed. Is it Ok to proceed with such transactions?