Anonymous
06 July 2011 at 15:38
Dear Sir,
Wish to know under what statute govt dept sets up autonomous bodies, is there any notification or gazettee released. If so where can I get such notification / gazettee.
Kindly enlighten.
Ganeshan Pillai
divya
06 July 2011 at 14:43
We have purchased a 2 storey twin bungalow in a co-op Hsg society in Pune. As of now there is an Ad-hoc society committee since builder has not obtained completion certificate for all the units in the society( though we have received ours).
Our house has a covered parking area attached to the entrance. However, there is no access to the area above the covered parking. There is only one window that looks out to this area. We have lot of seepage in this area due to rainwater collection, and our architect suggested that we replace the window with a door to get access to this area for regular cleaning and maintenance, else the dust and debris will cause more rain water to collect there. The architect also proposed to put up a protective railing around this parking lot overhang.
Please advise if this will be a breach of FSI? We want access to this area for cleaning and maintenance purposes ONLY. We do not intend to put any roof or cover this area in any way. Our architect is saying that this is not a breach of FSI but the society committee has strongly objected, stating that we are violating FSI rules. The society has also threatened to deny access to all workers/delivery men etc to our house if we proceed with this.
Please advise if 1.This is a breach of FSI 2. Does the society have the power to stop our workers and raw material delivery men from entering the premises if we proceed to put up a door in this area?
Anonymous
06 July 2011 at 14:30
Dear Experts,
Our society building is going for redevelopment in Mumbai, we haven't issued Consent Letter yet to anyone. Our building secretary formed a managing committee on his own. {Himself, Chairman, treasurer, Society Member (Male) and Society Member (female)}.
1. Secretary said that there should be one Female in the managing committee, is that true?
2. There was no election process. Can a managing committee be formed excluding the Office Bearers?
3. Builder says that "The developer will provide 50% car parking to the existing members/ society out of total approved car parking as per BMC/ MCGM/ DC regulation norms and sanctioned plans." ..........We are 24 tenants, 4 floors, its obvious that he will construct extra floors, we 24 tenants needs 24 parking, so can we sort this out? Should we insist on 24 parkings or go with the builders offer? Would like to know about the BMC car parking approval process?
4. Builder says that "Please don't ask or emphasize us for bank guarantee, as we are already investing so much money for the redevelopment process" What can be done about this?
Experts please help us with your valuable advise.
Anonymous
06 July 2011 at 14:21
Hi there,
It’s very urgent....please help me with the true information as soon as possible...
We are Hindu (Jain). My grandfather (A) had no son or daughter... He adopted my father (B) after doing all legal formalities i.e. registered adoption deed but my grandfather also has kept one girl as a daughter (C) for a long time but he didn’t make any legal adoption deed with her but she has my grandfather’s name in her school and college mark sheet as a father. Now my grandfather (A) and this girl (C) both are passed away several years ago. And my grandfather had one house and some agricultural land on his name in Madhya Pradesh but after his demise it came on my father name 15 years ago as my grandfather didn’t make any WILL and there is no registered documents also of this property as this land is on my father on Bho-pustika. My father has 3 children (me Son D and two sisters E, F both are married) and that girl (C), who also passed away has two daughters G, H both are married. I don’t know whether C has made any WILL before her death or not, but now husband of C want to claim on the land for his two daughters G and H after 15 years. My queries are-
1. What are the legal rights on the property in % of B,D,E,F,G and H? Some lawyers has suggested me that in case of adoption there is no legal rights of children on the property so this property will be only on B’s name 100%. Is it true?
2. My father has sold some plots from this land and got notice of illegal colonizer. If my father B will transfer all land on my mother name then G and H will have no right on this property and can we solve illegal colonizer issue after taking colonizer licence on my mother name?
3. How we should transfer this land on my mother name that there will be no further problem legal or economic on my mother i.e. illegal colonizer and G ,H will also not ask their shares? Can we do “Batwarnama” after doing Namantaran on my mother’s name or should we make sale deed but sale deed cost us too much. In case of gift sale deed can be done in 2% stamp duty is it correct?
4. In case of Namantaran in how many papers we have to give “Vigyapti”?
5. One house is also very old and has no registry so how we can register this house in my mother name as we are paying all utilities bills from many years of this house?
Please don’t post my message publicly and contact me through email only (arlovear@rediffmail.com).....
Thanks in advance.........
Rohan Khandekar, MBA,CCA
06 July 2011 at 09:55
Dear Professionals
Sec 295 of the Companies Act 1956 does not allow Public Limited Company to give any guarantee to any person , but my question is that our CS says that there is a specific section which states that a Public Limited Company can be a guarantor if the loan is certain % of company's paid up capital.
Sec 372A says that Intercorporate guarantees are permitted under this section, but please clarify Can a Public Limited Company give a guarantee to loans availed by its employees from a Cooperative Bank, if yes under what section of the Companies Act and what are the conditions to be satisfied.
Waiting for reply as our employees have taken Loan/OD facility from a cooperative and the Company is willing to be a Guarantor for the same.
Thanks
prakash
05 July 2011 at 22:30
Sec 30 of Adv Act 61 is brought in force from 15-06-2011 enabling right of Advocate to practice in any Court , Tribunal or before any authority in whole of Country
The consumer forums & Ombudsman setup u/42(5),(6)of The Electricity Act 2003 restrict Advocates to appear before them , whereas Suppliers men appearing are Law graduates called as Nodal officers
How will this section 30 of Adv Act 61 brought in force help electricity consumers who are unable to be represented by Advocates
raviraj hebbar
05 July 2011 at 22:28
my father who had all ancestral property, partitioned the property in 1972 when i was 12 years old. that partition was highly un equal since my mother was given a large share (thrice my share). i had not questioned this partition for various recesons.
Now can my minor son who is born in 1994 ask for re partition of all the ancestral property of my father.which my father got it in a regestred pa
rtition in 1966 ?
kind attention---expert-palnitkar v v sir
kind attention expert y,u. vishweshwar rao sir
Manoj
05 July 2011 at 22:24
Hello to all experts. I have a query regarding Lease Deed/License Agreement
“A” the Lessor, executed a unregistered “Lease Agreement” of commercial premises on Stamp Paper of Rs. 50 for a period of 15 years commencing from 1-12-2002 in favour of “Bank”, the Lessee. During the period of lease “A” sold the premises to “B” by a registered Sale Deed in the year 2010. No confirmation Deed is executed between “B” and “Bank” confirming “B” as Lessor in place of “A” or confirming the lease agreement although Bank is paying monthly compensation to “B”. Now “B” is forcing the Bank to vacate the premises. Nothing is mentioned in the Sale Deed about the lease agreement with the Bank nor about the possession of the premises with the Bank. Some of the important terms of lease agreement are mentioned below for reference.
i) the premises are for the exclusive use of the Lessee as Branch premises
ii) lessee can terminate the lease prematurely by giving three months notice to the Lessor. However no clause is mentioned in the Lease Agreement that Lessor can get premises vacated by giving notice of particular period or terminate the lease agreement.
iii) Lessee has to pay monthly compensation of Rs. 82,000/-
iv) Lessor provides space for installation of VSSAT on rooftop,
v)Lessee can remove the furniture and fittings installed by him
on vacating the premises
vi)Lessor agrees to carry out periodical repairs at Lessor cost to make it tenantable.
vii) The Lessee has no insurable interest,
viii) The period of lease is 15 years,
There is no transfer of interest in the property in favour of Lessee. However, the Bank is in possession since 1-12-2002 and still is in possession till date. There is no clause in the agreement allowing the lessee to make any structural changes i.e. construction or renovation except allowing the Bank to install the VSAT on rooftop. The words used in the Lease Agreement are Lease, Lessor and Lessee. No where they have used the word License agreement, Licensee or Licensor.
Now my query is
(1) Is this a Leave and License Agreement or Lease Deed
(2) Is the lease agreement legally enforceable
(3) What is the legal position of the Bank
(4) What steps can be taken by the Bank to avoid vacating the premises, what are the remedies available with the Bank
(5) Can “B” succeed in getting the premises vacated
Anonymous
05 July 2011 at 21:29
A land owner and the developer has entered into Registered Joint venture as X % developer and Y % owner. As the project is delayed and the owner wants to dispose the Property for funds can he make the sale deed of the said property with the developers consent.What sort of document he has to obtain from developer for such procedure also if the New buyer agrees to continue with the same terms of the JV then after the sale deed what agreement has to be made between the original owner,New owner and the developer. After such transfer to the New owner all the risks of the Property and JV ceases with old owner?
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recovery of property
Hi,
In April 2010 we received a notice from bank that my grandmother was guaranter in a loan furnished in 1985.In this loan a paper of sale deed of my grand mother is mortgage in favour of loan and loany becomes defaulter So,bank send this notice for settlement of loan.This is the first notice from bank.After, receiving this notice we enquiry about that property we found that this property was recorded in the name of other person on the basis of fake survey instead of my grandmother according to local Karamchari record and in half portion of that said land a house persent of other person and he shows a fake paper of sale deed of that said property .This was happened after mortgage of that sale deed.Then how this property was recovered to me please help me?Is bank responsible for recovery of this propety because this saledeed is mortgage in the bank?Before recovery we settle loan with bank or not,please help me?If bank is responsible for recovery then what type of action take against bank .If not then what can i do for recovery?
Please, mention appropriate way, laws and acts if possible?
thank's