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deepak panchal   18 February 2012 at 17:17

Managing committee queries

Dear Sir/ Madam,
Is it necessary for Can coopted members of managing committee to sign M20 bond. Also can a member who had arrears but was not served notices for arrears on his/her name make partial payment and join managing committee and later become office bearer.Can an associate member become office bearer. Can a managing committee refuse to take complaint/letter of defaulter.If yes then under what section/G.N.

Gaurav Jain   18 February 2012 at 12:07

Surplus freight

Respected Sir (/s),

An Indian Shipping Agent collects Surplus (excess) amount on the freight invoice from the Importer or exporter as they are not aware of the exact amount (dollar rate fluctuation)on behalf of the Foreign Shipping Company by a Shipping Agency Agreement.

Suppose the Importer exporter do not apply for refunds or adjustments against future transactions, till how much time the Indian Shipping Agent should keep the excess amount with itself. Whether it can forward the same to the foreign shipping company since the excess amount have accrued on the invoice though the foreign shipping company have not provided any service for the same.

Admin   15 February 2012 at 13:21

Message from Admin

Dear LCI members/ Experts,




We appreciate your concern in fellow lawyer members/experts of LCI and share your efforts to give a call when they are being defamed by certain persons by posting abusive messages against them. However, we as admin at the first instance cannot prevent any person from making a post, as LCI being an open forum, any person can register and make a post. As admin, our team members can only monitor these posts and delete whichever is found abusive, improper etc. Even in the subject post, our team members have immediately taken note of and deleted the same. Also a report abuse button is provided if you feel that a thread needs immediate attention,kindly use it. To go beyond that is manually not possible.Since we are running a public platform, where there are more than 1.5 lacs members, and legal issues pertaining to disclosure of personal information without the consent of the member concerned are involved, we have to arrive at a decision only on proper legal analysis of the subject issue.


 


Also few competitors sites have been intentionally trying to malign our community by posting/spreading inflammatory messages, let us not try to play into their hands.


 


We sincerely hope that you would understand our position and appreciate the noble cause behind running this community.




Regards

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M Zakaullah   10 February 2012 at 09:50

Property distribution not happed in 24 years

Dear Legal Experts,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. I am youngest of all i.e 6th son. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 24 years) married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive. 2nd brother is mukhia in village and 3rd & 4th brothers are teachers in Araria & Karjain respectively.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 24 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd, 3rd & 4th brothers in village because the 2nd brother is mukhia of the village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father through 5th brother and what are the procedures to do so. Also please advise how to start pension for my mother.

M Zakaullah   07 February 2012 at 17:23

Father property distribution

Dear Sir/Madam,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 23 years) the 6th son of my father married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 23 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd and 4th brother in village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father and how to start pension for my mother.

Yash Rungta   07 February 2012 at 14:23

Change of a trustee: compliances

Hello,


In a Charitable Trust, a trustee wants to resign and a new trustee has to be appointed in his place. Currently there are 3 trustees and obviously after the change the number will remain at 3. Out of the 3, one of the trustees is managing trustees but he is not the one who is resigning. as per the Trust Deed, minimum no. of trustees shall be 3 and maximum 9.

Now my question is how should the change take place. Is a new Trust Deed required to be made? Is Charity Commissioner with whom the Trust is already registered required to be notified? If yes, in what form/format?

bala   06 February 2012 at 12:07

Civil question

Dear sir / madam,
I have one house in village. My father and his brother bought a one house. That deed showing total 19 meter length, 26 meter width. After they are parted the house. My father and his brother got 19 meter length, 13 meter width. It was done year of 1990. Then VAO surveyed the entire village. That time VAO marked the length 15 meter, width 13 meter to my father. But VAO marked 19 meter length, 13 meter width to my father brother. We ( my father & his brother ) bought a house from one man. His deed showing also total 19 meter length, 26 meter width.
Now that house is much damaged. That’s way I have to build a new home. But neighbors are not allowed to build. Because VAO map sowing 15 meter length , but my deed showing 19 meter length. I asked the VAO. His saying I did not surveyed to land. Previews VAO surveyed the all lands, but I don’t know it is correct or not. If u requested to me I will survey your land by map (VAO ), not your deed.
Important message is VAO map showing east side 15 meter length, west side 19 meter length
And north side 13 meter width, south side 13 meter width to us. My problem is east side.
But my deed sowing east and west 19 meter length, north and south 13 meter width.
Question’s:
1. What can I do now?
2. How I extend from 15 to 19 meter length?
3. Which one is correct?
4. If I want 19 meter length, what can I do?

madhan raj   05 February 2012 at 18:45

Onlyscn law

P1 father died in 1950. P1 died in 1992 he was only son of his father. D1 was born in 1943 and D1 died in 2003 he was only son of P1 and P2 married in 1964 And P3 married in 1974 are daughter of P1 and P1 had a second daughter by name Hemavathi married in 1970 whose L.Rs have come on record on their own as D34 to D37.
P1 wife and mother predeceased him and P1 wife and mother died before filling the suit for partition. D32 and D33 are sons of D1 and grandsons of P1 and D38 wife of D1 and D2 to D31 are tenants. P2 and P3 and D32 to D37 are not entitled to any share of P1 separate property As per Mysore Hindu law women’s rights act 1933. P1 separate property passes by succession to his only son D1 as a single heir As per Mysore act.
As per Hindu Succession Act, 1956 sec 5, Act not to apply to certain properties. This Act shall not apply to- (ii) any estate which descends to a single heir by the term of any enactment passed before the commencement of this Act. As per Section 7(2) of Mysore Hindu law women’s rights act 1933. P1 separate property passes to D1 by succession as a single heir.

Anonymous   29 January 2012 at 21:06

Reciprocal sale of flats one at vasundhra ghaziabad vs one at munirka delhi(dda)

I have a flat at Vasundhra Gaziabad and want to exchange with owner who has flat at Muniraka DElhi(DDA).
Questions:
1) Is it possible to have a reciprocal sale deed citing difference in amount?
2)Where the sale deed(deds) ned to be registered?
3) At what stage posession will be transferred?
4) precautions while buying a dda flat?

umesh   29 January 2012 at 19:47

Share certificate of flat is missing/ lost

Hi,
This is umesh a law student, my uncle's son has lost his the flat share certificate & now the uncle is NO more. So how can he get a duplicate share certificate & what is the exact time period required to get a duplicate share certificate from the society.

Thanks