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Jayaraman subbiah   28 March 2012 at 19:28

Drt case

First of all I thank the promoter to haven given us the opportunity to know well about the legal matters which is very knowledgeable.
My query is: When the bank was more generous is sanctioning loans for housing during 2005 with that opportunity i had obtained two housing loan one for the property at Anna Nagar and the other for the property at Guduvancherry. The property at Anna nagar whereby iam staying and the property at Guduvanchery i had left in lease. In Annanagar property iam the borrower and my wife is the guarnator and in guduvanchery property my wife is the borrower and iam the guarantor.Anna nagar is from Indian bank and the guduvanchery is from Indian overseas bank. I had no problem till 2010 whereby iam was prompt in paying my emi's. Now i have become the defaulter and both the bank had moved legally by issuing notice and taking paper possession. In annanagar property the indian bank had gone for auction twice i did not protest but they were unsuccessful and now the indian bank had moved the drt under oa in 2011 and in guduvanchery also the iob had done the auction but was unsuccessful. My query is if even iob moves the drt what will be the status of my property? My advocate is telling not to worry he will ensure that i get the time i need and i can clear the dues one by one. Can you help me in guiding?

P.C. Joshi   28 March 2012 at 19:18

Nda agreement

Dear Friends,

In a non diclosure agreement between two parties(A and B) A is the disclosing party.
I want to know what remedy should be provided taking into acount the interest of disclosing party. I mean it should be damages/compensation that is sufferred by the disclosuing party due to breach of contract by the receiving party i.e. B.

Or
The clause should state that in the event of breach of contract the diclsoing party shall be entitled to equitable relief.

What is the diff. between the two.

SHall appreciate if some one can share his views.

Thanks & Regards

P.C. Joshi

sadiq   28 March 2012 at 14:24

Ragistration of leave and license agreement and duty

sir,

we have taken a commercial Gala in ahmedabad Gujarat and wanted to ragister the leave and license agreement by paying the duty , but the owner of the premises is not ready he is telling its not necessary ,just wanted to do a notary of the same , can some one guide me the gujarat rent act so that i can explain him with section no and law , why its necessary for both of us to ragister the agreement

Ajay Kochar   28 March 2012 at 12:06

Pet policy

Respected All,

I want your suggestion regarding the problem which raised in our society due to some tenants who lives with the pet animals.

As our society is newly formed ad-hoc committee and held a general meeting as on 4.3.2012 and discussed about the pet policy and passed a rule saying

· Pets are strictly NOT ALLOWED IN GARDEN/LAWN. (as children's are playing in same area)
· Pet owners to submit a doctors certificate/report stating necessary vaccinations are given to the pets.

But some of tenants (even not the owner) are not following the same and every day they sit with there dog in a lawn area. Even not a single certificate is also provided to the committee by the tenant and when we approached the same to the owner of the flat he sent the message saying " I have spoken to the tenant and also to the pet welfare ass. the team will visit n discuss about it."

Now what action we take. awaiting for your valuable suggestion.

ravindran sankaran   27 March 2012 at 09:16

Apartment maintenance

The builder at the time of sale of an property collects maintenance charge for 12 months in advance at particular rate and says if there is an excess it will be passed on to the purchaser.

the builder completes his maintenance.
Is the Association formed well within rights to know the details of the maintenance spent and seek the balance left with the builder to be transferred to their account?
There is no mention of any maintenance contract in the sale agreement except a provision to charge the over runs and very descriptively deals with sharing of common expenses .
What does apartment owners law say?

Advocate Umesh   26 March 2012 at 12:54

Debts recovery tribunal

one of my client had taken loan of rs. 25,00,000/- from bank of india. in proceeding the amount settled for rs. 20,00,000/-. when recovery going on my client has been died, and his successors are came in the recovery proceeding but excluding one son viz. Ramesh. whose name purposefully avoided by the bank because he may complete the dues and vacate the landed property. further bank completed recovery without notice to the Ramesh. now the question is can Ramesh challenge the recovery proceeding? If yes then in which court? in Appellate Tribunal or in Bombay high court in Writ. please guide. thank you friends.

Asha   26 March 2012 at 10:25

Please help me sir i know this is academic qurey

Respected Experts
I know you all are not going to give this query reply but let me tell you all
that i was just asking my query to lawyers club but now you all experts are decided not to give academic query ..
please reply to this

Our company is a 100% subsidiary of another international company and it is a private limited company. We have approval under automatic route. Since parent company is holding 100% share holding, we have to allot one share to Director of the company to comply with the requirement of 2 shareholders. However the amount is paid by parent company and it is shown in the members register that director is holding one share on behalf of the parent company.
Can you any one advise whether this attracts 187C ( declaration by shareholder for holding share on behalf of others). If so, whether we have to file a declaration with ROC.
It is already informed to RBI about the holding of one share.
thanks in advance.
Please clarify.

V Natarajan   25 March 2012 at 21:06

Mutation of flat in kolkata

I have purchased a flat in Kolkata and there are 6 other flat owners apart from the earstwhile land-owner

All flats have not yet got registered

1. Can I have my flat mutation done with the KMC

2. What are the requirements to have this done

3. Till mutation the bills from the KMC continue to come in the landowner name and we are paying collectively - does this get proportionately reduced from my future bills

4. What are the mutation costs?

priya   24 March 2012 at 12:34

Property inheritance

my great grandfather gifted a property to my great grandmother. Later the property was registered in my great grandmothers name. We have been made aware now that it qualifies for marumakathayam as per which my grandmothers children as well as her grandchildren have right to it. (ie everyone born before 1-12-1976) by a lawyer. i have three questions in this case
1. what about the child who is in the womb during 1976 but born in 1977? do they have a right to the property as well?
2.is it equal share for all people?
3.what if one of her son's wrote a request on white paper to give away his existing right to one of the members upon his death if the property is sold. the said son is no more and we are going to sell the property

raj manwani   24 March 2012 at 12:31

Compensation for surrender of property

hello friends,

I have a query regarding compensation entitlement.....

we are in the possession of our ancestral property (Property of my fathers BUA)from the very inception of it. before 20 years around ,the concerned property owned by my fathers aunt(BUAJI,she is married)
)was trasferd by her to my father& to her two bhatijas.

all three of them then sold it to a person with the agreement that the possession will be handed over to the buyer after the death of buaji only.

In 2003 she was no more and then my dadaji was in the possession of the house.

in 2010 he was no more and from that period the possession is ours.

as the house is memory for us as the whole childhood of my papa were spend over there.
it is emotionally precious for us.... I just don't want to surrender the possession of that home...

what are my rights as at the time of death buaji transfer d her all rights and movables in favour of me.....
as party to sell was my father also.

plz explain...all the rights that may be ours as per indian law