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Anonymous   12 July 2011 at 16:13

Issues with refund of Earnest money

Hi,

Request help in understanding legal clauses under situations as under between a buyer and seller.

1. Can seller impose delay penalty on consumer even though consumer is ready to make a payment but consumer is unable to do so due to lack of clarity on total outflow and available calculation?
2. In presence of early payment rebate clause, the date from which the rebate should be calculated should be the date from which the consumer intends to pay or the actual date on which the payment is made which could have been delayed due to seller not responding on time?
3. Can seller ask to make a lumpsum payment without providing exact breakup of the total outflow to the consumer?
4. In case customer doesnot agree to such claim by builder and raises a dispute, can seller further start imposing delay penalty on the consumer and demand the same?
5. Can the earnest money amount be forfeited by seller in case their is descrepancy observed due to above scenarios in the total outflow calculation provided by seller and deal is told to be cancelled by the consumer to the seller especially when an agreement is not even signed and the application under which the earnest money is paid doesnot have any explicit clause for a situation wherein their is a dispute due to which consumer wants to exit the deal?
6. Can seller be asked to pay for damages and harassment in such a case?

Appreciate the help in providing a response.

Many Thanks

Anonymous   12 July 2011 at 15:37

full bench or consitutuional bench ?

1........ Single Bench
2.........Division Bench
3,5,7,9,11 & 13

in this which one is full bench & Consitutional bench can anybody tell me pls.

In High Court how many bench are there whether it may be orginial juridisction, criminal or civil in nature or appellate jurisdiction or writ matters .

Requesting the LD members to elaborate it if possible by the judgment give by the SC or the HC.

Thanks.

Anonymous   12 July 2011 at 15:14

trust deed

I need a draft of a private trust we intend
to transfer property for benefit of adopted child

Sanjay   12 July 2011 at 13:18

Being punished for nothing

Sir, In my company i met a girl, she approached me and proposed me i first denied then later i also agreed , we got to know each other, she loved me lot, just in a month she took me the bed, she paid the money from her debit card and booked the room in the Hotel i have proofs for that, later we also got intimated several times, after few months when her old friend came to her, she started avoiding me and said she doesn't want to see me, i didn't know that time that she has found someone else and as we are in the same company and same office, and i was trying to carry the relationship so she has complained abut me to HR taking just a personal matter to her said that i took her phone for few minutes. now in front of her she has told that now she doesn't want to be in contact with me anymore. now she is telling all my friends and colleagues that i was after her and i used to harass her, torture her and she told them that i used to say to her i could not live without her. she is just defaming me. what should i do. she used me, cheated me and now she is just destroying me in all respects. she played with my mind , money, and now i am in trauma and feeling very suicidal ( i mean it , trust me). I am shattered and lost. what should i do.? please help me. i have proofs that she slept with me like she paid herself and took me to the hotel and all mails she wrote and messages she sent to me. what to do.

Anonymous   12 July 2011 at 12:44

Flat nomination

My mother owns a flat in Mumbai jointly with 50% shares in her name and 50 % shares in my father’s name. My parents now wish to submit a nomination which should be in such a way that after whoever passes away first (either my father or my mother), the nomination should be my elder brother who is married and has 2 children since he earns the bread for our family. My father is retired, my mother is a housewife and I am yet single, due to personal and health reasons I have decided not to marry.

In such an event, my parents want my name to be considered for second nomination. For e.g. after one of my parents, say my father, if passes away first, my brother will be the first nominee, which will mean thereafter my mother (survivor owner) will be 50% owner with my brother as a co-owner. Now my query is, tomorrow after my mother if I have to be nominated, can this happen? Or the nomination can go to my brother’s wife? To avoid any inconvenience for me, my parents want to nominate me as the second nominee without my sister-in-law taking any kind of objection. In such a case can my sister-in-law claim to be a nominee after my parents (both – father n mother) pass away or legally I can be the nominee?

Can you please advise how should we plan the second nomination, in event of the death of the second owner.

Dhiraj Bagri   12 July 2011 at 12:13

Non inclusion of name of buyer

Respected Members,

Need your valuable opinion on the following issue: -

A, B, C and a company say - XYZ Ltd had bought a Land of Rs.60 Lacs.

(A, B & C are the shareholders of the company)

They had paid their respective shares to the buyer in proportion as follows: -

A - Rs.10 Lacs
B - Rs.10 Lacs
C - Rs.15 Lacs
XYZ Ltd - Rs.25 Lacs

In the conveyance deed following has been shown: -
1). Land value of Rs.35 Lacs instead of Rs.60 Lacs has been shown.
2). Name of XYZ Ltd has not been shown inadvertently but of A , B & C has been shown.

I need to know what is the solution to include the name of XYZ Ltd in the conveyance deed or is there any other way out to solve this situation.

Expect your co-operation wrt the above.

Thanking you

Dhiraj Bagri







Anonymous   11 July 2011 at 20:09

West Bengal Value added Tax Act

Sir,
can a chart is readily available for different due dates under WBVAT ACT(as in Income Tax Act). if yes, kindly provide.


Thanks

Anonymous   11 July 2011 at 18:12

Buying land in NOIDA UP Village Gari Choukhandy, Tehsil Dadri

Sir I want to buy aland in village Gari Choukhandy, NOIDA, UP.Tehsil Dadri
The land has been classifed as urban land and the NOIDA authority has fixed circle rate for the same.
The land is being sold on POA.
Query
1. Is sale purchase of land in NOIDA UP Village Gari Choukhandy allowed.
2. What precautions are to be taken?
3. Where we can find list of acquired villgaes in NOIDA?
4. Is there any lawyer to do title search?

Anonymous   11 July 2011 at 17:39

best way to buy land

i am buying land in UP from my uncle who lives in USA.my mother is power of attorney and my uncle cannot come to india due to health problems.we have agreed that i will start his payment after 4 months and finish the payment within a year as i need to first invest in the land.but i want possession and title in my name so that i can sell it or develop it.what all things should i do to buy it legally or how to do sale agreement?kindly advise

Anonymous   11 July 2011 at 17:24

Approach Road to enter the farmhouse (Plantation under Govt. Scheme subsidy).

What are the process for getting approach road from others landed property to enter the farm house in Maharashtra? The neighboring owner has property on all the three sides and one side is river. He has refused to allow the road from his land. Is there any way out?