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?
Anonymous
05 July 2011 at 19:48
The Doctrine of Basic Structure of the Constitution was invented by Supreme Court. Pls post the doctrine here.
Subordinate Legislation means in simple terms.
Legislation by incorporation & legislation by reference a simple example & difference between them .
Thanks
Aman Gupta
04 July 2011 at 20:45
Dear Experts,
Please tell me that what is sale in transit in DVAT & how we put entry in accounting software like Busywin or Tally)
jayesh ahire
04 July 2011 at 16:38
A listed co. has made prov in the AOA tht the reserves could be capitalised in the Board meeting & members approval is not required.
the Co. wants 2 make a bonus issue & as per SEBI ICDR Reg, reg 95 it states tht the issuer should implement the bonus issue within 15 days of declaration in case members approval is nt required.
as per listing agreement clause 24a the co. has 2 apply to the stock exchange for prior in principal approval.
It is practically not possible 2 issue bonus shares within 15 days of the Board Meeting as it would take time for the approval from the exchange & 2 fix the Reord date.
in light of the above can you help me interpret clause 95 of SEBI ICDR and can help me with any solution in this matter.
jach000019
04 July 2011 at 16:16
as a executor i have to apply for the probate of the will in mumbai and make the release deed but
(1) since my sisters are living out of maharasgtra so after tking the power of attorney from them can i or somebody else since i am also the beneficiary sign on behalf of them in the consents which has to be submitted in the court for applying the probate.
(3) can i or some other person can sign in the release deed on behalf of my sisters.
(2) is it compulsory to issue the public notice in the papaer of their states?
(3) i have their old notarized consents about the will i can use those consents or i have to collect the fresh one ?
(4) if consents are not submitted and than court will send them the notice about their objection if any they have and once the notice period is over court will issue the probate, here i would like to know what is the better to sign on behalf of them by taking their POA or wait for the time of the notice period secondly is somebody can onject about the probate once the notice period is over and if yes than objection can be raised in high court of mumbai or at supreme court.
Anonymous
04 July 2011 at 15:28
Hi,
One of my friend won the case in trial court against his Aunty. He got permanant injunction. Trial court finally granted that the possetion of agriculture land will remain with my friend. However he is having posetion of land since last 10 years. His name is mentioned below as a possetioner on 07/12 papaer of land. However his Aunty's name is mentioned above on 07/12 paper of land as a owner of land. My fiend has two sons
Please advice regarding below points.
1)After death of my friend ,whether his son's name can be added as a possetioner of land on 07/12 paper of land. If yes then what is the pocedure.
2)If no then what can we to do add his son's name.
3) Can my friend's Aunty or her legal heirs take objection to add son's name.
Anonymous
04 July 2011 at 14:33
My father alongwith his friends and relatives formed a Social group A and took a room/shop on rent for running a library on behalf of A as Secretary of A from a Religious Society B in Agra U.P. approximately 70 years back. Recently I got a photocopy of Rent Agreement . The rent agreement was written as " This agreement is entered between Sri ………………… son of late Sri ..……………….. resident of ……………………….. Secretary of A "…………to be called as Tenant and Manager of B………… Sri ………………… son of ……… ..…to be called as Landlord.” I mean that the agreement was directly in his name, not in the name of the Social group A. But in the last para of the agreement following condition was mentioned - "both the A & B will keep one copy of agreement at their respective places". The library was run by A free of cost. After around 10 years i.e. during 1951-52 my father left Agra for earning his livelihood. Then the library was run by next Secretary and after that by successive Secretaries. Now the library is closed and the present secretary/possessor is doing nothing to restart it and nobody have any knowledge about present members of the Social group A.
My father expired in 1999. He never informed me or mentioned about this library in his registered Will. Also I do not have any paper or any receipt regarding this rental property.
Now I am in receipt of a notice from the Religious society B regarding termination of tenancy, eviction and payment of rent, property tax, water tax etc. with interest @18% for 12 years and handover to B peaceful possession of the shop as I being the only son/heir of my father. I left Agra some 35 years back and I never knew anything about this room/shop till I got the notice from the landlord. I also do not have possession of this shop.
In this regard I want to know the following from experts -
1. If I contest the case, How I can prove that the tenancy was for free library, not for my father's business interest ?
2. If I do not reply and ignore the notice, What will be the consequences ?
3. Any other suggestions.
C.A Alok Mukherjee
04 July 2011 at 11:45
One of tenant had bought his share of occupation from the landlord by virtue of execution of transfer deed, now he had got certified a plan of design of the ground floor of the house from the architect / municipality since landlord was not able to get a copy of the sanctioned plan of the house from municipality.
Whether this can be a valid proof for execution the transfer?
Leave and License Agreement or lease Deed
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