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Kalpesh suryawanshi   13 June 2012 at 11:35

Not ready to go for a land partition. what should i do

sub : - Guidance needed in Family partition Issue

Respected Authority ,


Raj   12 June 2012 at 20:45

Is there any expert aware of changes in gujarat property ??

My query is related to Recent change in Gujarat (? Indian) property law that made necessory to make sale deed for registration flat /residence of co operative housing society member.

I had purchased a flat in 2003 in registered co operative housing society in Gujarat.Currently holding possession of it with full rights as per member of society.

We have been issued SHARE CERTIFICATES,allotment letter and possession letter and originals bills from builder( pramukh of co operative society) for receiving net amount for selling flat.
As per our knowledge and belief NO ONE was making sale deed to purchase flat in cooperative housing. And also Bank also did not insist to make sell deed ,like other originals keeping with then untill loan paid up.(now with us)

Now my question is

1- I want to sell this property.Buyer asking for old sale deed and registraion in city survey .This we do not have (in city survay our name comes as possession holder after name of co operative society) .Earlier by paying transfer fee to society and transfering share certificate on buyer name we can sell flat.BUT Recent change(when ?) in law suggest owner to have sale deed and registration with city survey office locally.(i think to calculate capital gain).

Can any expert have solution for this ?(I believe there must be some legal way/exuses for member of co operative housing society.)

To make sale deed at current rate index is easiest ,but expensive option (but again capital gain tax on housing society/builder ?? is also a problem ).

-Can i register my flat with only share certificate along with other application for excuses ?

- Can i make sale deed now as per original purchase amount /bill and register it with little penelty ?

Is there any alternate legal way ?

I need real expert opinion to help client and suggest best,least expensive way.

Thank in advance

BALAJI   12 June 2012 at 12:55

Panchayat approval


1. Are there any exempted industries from obtaining building approval from Panchayat under Tamilnadu Panchayat Raj Act.

2. Can Wind Mills be exempted from obtaining Building Approval from Panchayat.

3. Is there a provision to file a writ against the order . I have attached the order from District Collector Tirunelveli

Yukte   12 June 2012 at 10:32

Relieving letter and salary withheld

Hi All,

I have served my complete notice period of 90 days (Last working day 30th March) as per my company's policy and have cleared the no dues as well.

My previous company's policy stated that I will be relieved in 45 - 60 days. Firstly when I inquired about my FnF on 50th day, the Finance team updated me that my clearance documents were submitted late by my manager because of which I will be relieved by 70 days.

On 71st day I am being informed that there was an error in the clearance form and my manager withdrew the previous form and re-submitted a new form which is why it will take longer.

Its been 72 days since my last working day, I have not yet received my relieving or my last salary.

HR is avoiding telephonic conversation with me and are only reverting on mails.My Manager said he will follow up but has not given me any reply.

It seems everyone is just postponing the matter because they tried retaining me quite a lot.

What action can I take to get my FnF and relieving?

Prasad N Patil   12 June 2012 at 09:16

Caste certificate

Sir,
I belong to the original inhabitants of Mumbai (Hindu-Aagree).
Caste certificate is not available with my father,however my father's LC has mentioned the caste.Also my father's birth certificate is avaliable with me (DOB is in the yr 1935).
Now i want a caste certificate,what is the procedure.

Pl note:All the close relatives of my father's side are not known to me.
Pl help & show a forward path.

Sailesh Kumar Shah   11 June 2012 at 15:17

Rti sic case law requires

Respected Sirs,

Can I asked some calculation about bye-laws under the RTI Act?

This is to further bring under your notice that PIO is itself the department indulged in the preparation of the bye-laws in respect of which the calculations/interpretation are queried.

Is it come in the ambit of section 2(f) of the RTI Act?

I will be obliged, if anyone could quote me any case law of SIC in this respect.

Thanks & Regards,

Shailesh Kr. Shah
Advocate

pooja dedhia   10 June 2012 at 23:20

Redev property

the builder has to get the IOD FOR GOING TO redevelopment of the project.
what is the importance of the IOD?
IS IT ALWYAS IN STANDARD FORM?
WHO ISSUED IOD TO WHOM?
IS IT ISSUED TO THE ORIGINAL LANDLORD OR REDEVELOPER ?
IS IT MANDATORY TO MENTION THE SANCTION THE FLOOR?
IF THE SANCTION LETTER CONTAIN THE PERMISSION OF 7 FLOOR AND HE SALE THE FLAT AT 16 TO BUYER IN SUCJ\H A CASE HOW CAN BUYER PROTEC T HIS INTEREST?
WHAT ARE THE CLUASE ARE TO BE MENTION IN THE MOU?

WHAT R THE CALUSE TO BE MENTIONED TO SECURE THE EARNEST MONEY PAID AT THE VARIOUS STAGES OF THE COMPELATION OF THE FLOOR?

Lt COL R S shekhawat   09 June 2012 at 16:44

Benefits for prior military service in govt psu

I will start by humble submission with CHANAKAYA”S quote

: The Day when soldiers are forced to fight for salaries would be a very sad day for a Nation”.

please read the GOI letter
my requisition is based on the ambit & scope of this MOD letter only



560/43/TA-(a)/03/00/S(GS-1)
Government of India,
Ministry of Defense,
New Delhi, the 7th Jan 1994

To
The Chief Secretary to
All State Governments/Union Territories .


Subject: Concession & Incentives sanctioned by State
Governments to Territorial Army personnel.

Sir,

This refers to Ministry of Defense letter No.47560/GS/TA/-3(a)/306-B/D(GS-VI) dated 19th February 1985 and letter of even number dated 8th September 1992 on the incentives by State Governments to Territorial Army personnel.

2. Most State Governments have instituted some cash awards/grants for the winners of Territorial Army decorations/Medals. However, these awards were instituted a long time back and have been rendered insignificant by inflation. In many States, this reward is limited to Rs.2500/1500 only. It is requested that this may be revised to a minimum of Rs.5000/- for TA decorations and Rs.3000/- for TA medals. Some State Governments have already made the revision.

3 Government of India had also recommended that the facilities listed below may be considered for Territorial Army personnel. These incentives were listed by a committee which was set up to go into the Territorial Army and are already being given by most State Governments :-

(a ) Grant of 01 increment for every 03 years Territorial Army service, as is being given by the Government of Uttar Pradesh.

(b) Counting of Territorial Army embodied service for purposes of seniority, promotion and other considerations to those entering civil services.

(c) Exemption of Road tax on vehicles owned by Territorial Army personnel as is being given by west Bengal Government.


Yours faithfully,
Sd/xxxx-
(S.K. JAIN)
Joint Secretary (G).

Soldier’s Appeal;-
With outmost respect It is solemnly Prayed to;- Advice SAIL corporate office for Honoring Ministry of Defense GOI letter No.. 47560/43/TA-(a)///D(GS-1/dated 7.01.1994 with due Consideration of my requisition within the legal precincts of this GOI letter

Humbly stated that It is -“NOT the case of Protection of PAY Basic + DA”

Concise summary of Case;-
.
On the intrinsic worth of Military Medal’s & Decoration creditably awarded for the commendable Operational Field service in high intensity ANTI TERRORIST & Counter Insurgency

i was directly selected & appointed as as Manager– Security SAIL VISL.
Solitary on the Basis of 13 years meritorious military Commissioned service, as INFANTRY officer, Reckon able in the rank of “substantive MAJOR. against the OPEN advertisement



As per the Recruitment advertisement of SAIL VISL, ;- minimum requirement was 10 years in Army/Air force/Navy/Para-military as a commissioned other with the last post held being at least in the cadre of captain or equivalent.
Benefits: Apart from basic pay, DA and other benefits are admissible under SAIL Rule.


. My requisition is legally with in the ambit & scope of GOI order, previously forwarded through proper channel to SAIL office by ED VISL .

DPE Guidelines/Policy of GOI are wholly applicable on SAIL, & honoring them will incur No Losses/damage or any extra exchequer to SAIL it being the only such case in VISL, within the preview of SAIL recruitment rules which approves maximum of 06 increments com mensuration to qualification experiences & specialization etc


Honorable Supreme Court of INDIA :

- while dismissing the appeal on 01 April 10, a bench Of Justices Markandeya Katju and A K Patnaik slammed the Government PSU’s for treating army Personnel like “beggars” in respect of emoluments.

even
It has been held by Supreme Court that” Undoubtedly, the Defence Personnel are a class by themselves”
{Common Cause Case ,1987 (1) SCC 142]

but still no justice

SAIL is neither denying nor granting these benefits for my prior military service

LT COLONEL R S Shekhawat
SAIL VISL security
09449833730




Adv B.B.Gambhir #9814820602   08 June 2012 at 20:20

East punjab urban rent restriction act1949

i asked earlier. a rent petition for ejectment was filed by satpal sharma and sanjeev sharma and naresh sharma being co sharer against radhe sham that rent petition was dismissed in default due to non presence of petitioner. in that rent radhe sham had admitted the relationship of landlord and tenant.during the pendency of petition, radhe sham and satpal sharma both died. later on after some time, Sanjeev Sharma filed alone a rent petition by stating himself as lawful owner on the basis of Will against surinder kumar as legal heir of radhe sham. no other legal heir of radhe sham was impleaded as party. in present rent petition, Surinder kumar denied the relationship of landlord and tenant due to which the court despite assessing the rent, framed the issues which is wrong. Surinder Kumar moved an application for amendment by stating that he has inadvertently denied the relationship but the said application was also dismissed. even by high court too. now what the remedy available for Surinder Kumar. he is ready to pay the rent. the eviction order shall be passed in present case. it is sure. case is fixed for cross examination of witness. it is pertinent to mention here that the other co sharer Narinder Sharma also died and his legal heirs have challanged the Will the said matter is also pending in Civil Court. can other legal heir of radhe krishan file an application for impleading himself as party.

Adv B.B.Gambhir #9814820602   08 June 2012 at 20:15

East punjab urban rent restriction act1949

i asked earlier. a rent petition for ejectment was filed by satpal sharma and sanjeev sharma and naresh sharma being co sharer against radhe sham that rent petition was dismissed in default due to non presence of petitioner. in that rent radhe sham had admitted the relationship of landlord and tenant.during the pendency of petition, radhe sham and satpal bector both died. later on after some time, Sanjeev Sharma filed alone a rent petition against surinder kumar as legal heir of radhe sham. no other legal heir of radhe sham was impleaded as party. in present rent petition, Surinder kumar denied the relationship of landlord and tenant due to which the court despite assessing the rent, framed the issues which is wrong. Surinder Kumar moved an application for amendment by stating that he has inadvertently denied the relationship but the said application was also dismissed. even by high court too. now what the remedy available for Surinder Kumar. he is ready to pay the rent. the eviction order shall be passed in present case. it is sure. case is fixed for cross examination of witness.