Anonymous
20 May 2011 at 08:06
HI Experts
I have an apartment in Gurgaon and as usual feel that Builder is playing havoc with the rights of the customers....
As per his approved plan, there is supposed to be a community center and he is claiming that this is a club owned by him. He has filed the same in his deed of declrations too. That gives rise to following questions
- under Haryana Apartment Owner Act 1983, what is the legal relevance of Deed of Declaration and can the builder file something which is not as per approved plan
- what is the remedy available to the customers
Lastly what is the exact legal relevance of Deed of Apartment which has to be registered by individual Apartemtn owners.
Thanks
Anonymous
19 May 2011 at 15:23
I myself Dipak P. Mehta Assistant given below the details for your information and record.
Name: - DIPAK P MEHTA (Revoked my Suspension from 24-11-2010)
1) Date of Suspension - 28-06-1989
2) Date of the Judgment by Hon'ble Chief Judge, Chief Court Vadodara 13-01-1998 in favour of me.
3) Date of Criminal Appeal filed before The Hon’ble High Court by the
Department against the Chief Court Order vide Appeal No 177/1999 & 178/1999.
4) Date of Departmental Enquiry held against on me – 03-10-2001vide
EnquiryNo.10/2001, as in the departmental enquiry the charges are same on me which is in Criminal Case as well as in High Court Appeal.
5) Date of Hon’ble High Court had passed the Order and dismissed the Criminal Appeal Filed by the Department –Appeal No. 177/1999 and 178/1999 against Chief Court Vadodara Order. On - 30-10-2009
6) In Departmental Enquiry No. 10/2001 before the Hon'ble District Judge, Vadodara had issued the final order on 24-11-10 that:-
(a) The penalty of stoppage of 3 increments with future effect is ordered to be imposed upon the delinquent Mr. Mehta
(b) The Suspension of Mr. Mehta is revoked. He is reinstated in the service on the same post and posted in Small Cause Court Vadodara. Mr. Mehta from 28-06-1989 till this order shall be treated on duty for the purpose of qualifying service and pension only.
(c) The Order regarding Pay and Allowance during the suspension period of delinquent Mr. Mehta shall be passed after hearing Mr. Mehta Accordingly, notice be issued to him for this regard.
On 03-01-2011 the Honourable District Judge had issued the Notice for hearing on 10-01-2011 regarding Pay and Allowance during the suspension period of Mr Mehta.
On 10-01-2011 the Hon’ble District Judge had passed the order as per below:-
(a) The Pay and Allowances during the period of suspension of the delinquent Mr. Mehta Assistant shall not be paid to him.
(b) However the subsistence allowance paid to the delinquent Mr. Mehta Assistant during the above said period of suspension is not to be recovered from him
(c) The period of suspension of the delinquent Mr. Mehta should be treated as Extra Ordinary Leave.
The Hon’ble District Judge had also admitted in order that from 28-06-89 till this order it is treated on duty for the purpose of service and pension. And again vide Office Order No. 07/2011 dated 10-01-11, suspension period treated as Extra Ordinary Leave.
Due to this type of Order I am having a great loss in my salary fixation.
I had already suffered punishment for 21 years during my suspension period by mentally and economically.
As Hon’ble District Judge were also consider in departmental enquiry order that I am only the bread winner of my family consisting old aged mother, abnormal sister, wife and young daughter.
Lastly I draw your kind attention that in Departmental Enquiry the Enquiry Officer/ Presenting Officer had not examined the Hand Writing Expert which is the main witness of this Departmental Enquiry and in the written submission and at the time of personal hearing which was held on 24-09-2010 before the Disciplinary Authority and Principal District Judge Vadodara my learned advocate Shri S. Barkat had also draw kind attention to Hon’ble District Judge Vadodara.
I had filed an appeal against the orders of District Judge Vadodara before Gujarat High Court Ahmedabad under Gujarat Civil Service Rules 1971.
Latest news is GUJARAT HIGH COURT IS FILED SUE MOTU APPEAL AGAINST ME. PLEASE ADVICE IN DETAILED THAT WHAT CAN DO FOR THE SAME.....
I want to know that if there is any supreme court or High Court judgements indicated that the pay and allowance during the suspension period will be admissible to me. Please advice me in this regard and obllge. Thanks
Bhawani Mahapatra
19 May 2011 at 10:47
Dear Experts
Is there any act in the state of Jharkhand which put restriction on the transfer of property by Scheduled Tribes ? If so pl. name those laws/acts.
Anonymous
19 May 2011 at 10:11
1)The property in question is a residential house situated in Andhra Pradesh. The property was purchased in the year 1946.The document is in the name of our father .It is not clear from the document from which funds he purchased it except for a reference made to it as ancestral property in a will executed by mother bequeathing a portion of this property to a religious organization. Hence I am not sure whether it is ancestral or self acquired
2) our father died in the year 1948 and did not execute any will. .Since our mother was living till 2006 the house was kept in tact. Mother experied in 2006 and till 2011 the property was in some rental dispute.
3) Our father when expired left behind him our mother, two sons and two daughters all were minors by that time.
4) Our Mother expired in the year 2006.
5) Our sisters got married in the year 1953 and 1955 respectively.
6) In view of the uncertainty of the nature of the property I request to kindly clarify the following.
a)What was the law/Act prevailing before 1956 with regard to right of daughters in father's property if he died intestate? Some say daughters had equal right in father's intestate property and some say daughter’s could get only 1/4 th of sons share or Rs5000/- whichever is less as per Succession Act,1925?
b)If it is equal share under which law/ Act existing prior to 1956 and under which section it is stated so?
c)If both are incorrect which was the applicable law/Act and what does it state?
Anonymous
19 May 2011 at 09:41
Dear All Sir’s
A girl about 19+ years of age, every now and then make call to a boy, his age also 19+ but the boy want to avoid her. So the girl threaten the boy that she will commit suicide herself, this happen very often, yesterday the boy went to inform all these to her father and did accordingly . After few moment the girl again call the boy to a place over phone but he didn’t went to meet her after this father of the girl also called the boy and threatened that he will make a FIR of kidnapping of his daughter.
For these the boy is feeling insecure, irritates and can’t concentrate in his studies for last one year especially for her threaten of making suicide herself.
Therefore my humble request to you all what action the boy or his family can take against the girl or to her family. Please advice, please
Thanking in anticipation.
Anonymous
18 May 2011 at 23:46
Respected Sir,
Sub- Property Of a Firm
One shop is the name of a patnership firm.now i want to know that
1 Is firm can give this shop by gift To any other firm or person.
2 what are the % stamped duty on it.
3 any capital gain or income tax on it to any party.
2nd question
If a shop is the name of a firm and firm is now dissolute and 1 partner goes and 2nd is continuing this firm and in this deed they mention that that shop is taken by leaving patner And the desolution deed is register in thesil by patners on 31 march.
now Thesildar Is not changing the title name in thesil.
Now i want to know that how the title name is change in registrar court what is the procedure that i can change the title in tehsil.
Rahul Gupta Kohand (Haryana)
manish
18 May 2011 at 17:57
After death of my father & as per register will of my father with 50-50 share. We (my younger brother & me) construct a floor with collabration with builder. Now owner ship of property is Divide into three Floor/part ground floor with basement goes to younger brother, First floor goes to builder & second floor with roof right with me.
Reg. of property is still in my father's name, now i prepare paper for registration of property floor wise with map of third floor he return the same & told us that he want part in third floor also. Now i wish to consrtuced third floor.
Give me advise that is it possible to register my floor in registar office without my younger brother's sign & construct third floor without taking NOC from him.
First floor owner has no objection for construct third floor.
UTTAM SINGH NEGI
18 May 2011 at 16:29
Dear Friends,
I have a very urgent query. I want to know that if a listed company in india has a joint venture with 50% holding and that joint venture has a subsidiary with 100% then will that subsidiary of that JV will under the purview of SEBI, its laws and regulations. If yes, please specify the relevant section.
With kind regards,
Uttam Singh Negi
Anonymous
18 May 2011 at 13:46
I am planning to buy a flat in an apartment. This flat is located on the seventh Floor. The Apartment building is approved by BDA for G+7 floors. The Approved Floor Plan of 7th Floor shows only 7 out of total 8 flats constructed on 7th Floor. This particular flat is the eight flat(not shown in the floor plan).
My query is following:
If the builder gets the "As Built Plan" approved by BDA then does this flat still requires regularization?
If yes, then what could be possible cost for the regularization?
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LC refusal by issuing Bank to honour
LC was presented by the seller to the advising Bank within the valaidity of LC. However the advising Bank delayed for one month in presentation of documents to the issuing Bank by which time the LC had expired. The advising Bank refused to honour LC citing the presentation as non complying. Payment was finally made by the buyer after removing discrepancy. However the seller has now claimed interest charges for late payment from the Issuing Bank. Place of presentation of documents is not mentioned in LC. My questions are as follows:
1. What is the role of the Advising Bank? Whether it only remains as an advising Bank or assumes its responsibility as nominated or Negotiating Bank? Whether the advising Bank's responsibility is lesser than nominated or Negotiating Bank?
2. Whether issuing Bank has the right to refuse to honour LC since since advbising Bank delayed in presentation of documents to the issuing Bank by which time the LC had expired?
3. Whi should pay the interest for delayed period?