Shirazk
10 April 2011 at 12:36
Our Society Committee members were dismissed by the Deputy Registrar for not filing their indemnity bonds, over a period of time we found out through the society bank account that they had also removed money around 20 lacs under fictitious categories with false vouchers. Now, out of the 5 bldgs that we have, 3 have decided to go in for bifurcation & the proposal was forwarded to the deputy registrar & he put up a notice under section 18 fvor bifurcation. Now the ex committee secretary has gone to the Jt registrar & managed to get a stay against bifurcation proceedings ( instead of approaching the deputy registrar . He has used members who are for bifurcation forging them & showing the Jt Registrar that they are against bifurcation. These signatures were in the society office & were given for some other purpose by the members, some of the signatures even ahve dates on them which are a year old.
Now, when we approached the local police station asking them to file a case against the ex secretary, they are not ready to do so & are asking us to approach the court to ask them to direct the police to initiate an inquiry against him. The police are also telling us that they cannot do any sort of inquiry against him cause he has used our signatures & there is no financials involved so they cannot initiate any sort of inquiry against him.
Kindly let us know what can we do against the ex secretary for using our signatures fraudently & if we can under what law, sections etc ? Over 50 people have signed the letter to the police station & given it to them.
Shirazk
10 April 2011 at 12:26
Our society commitee was dismissed for not furnishing their indemnity bond last year in January 2010. Even though they did not have an indemnity bond they still went into appeal in the Joint Registrar's Office & lost again. The deputy registrar appointed an administrator panel consisting of 3 people from the bldg only & they were in office from march 2010 till 28th september 2010. They were running it succesfully & nicely & discovered that the dismissed committee members had removed money from the society bank accounts to the tune of more than 17 lacs with fraudenlent vouchers or none of them, when confronted by the administrative panel they resorted to violence & locked the society office with the help of anti social elements. Then on the 28th september 2011 a new administrator was appointed & he is still running the show. However, we are 5 bldg's who after knowing facts decided to bifurcate the society. 3 out of 5 bldg's have already submitted their bifurcation proposal to the Deputy Registrar & he asked the bldg administrator to take a bldg wise AGM due to fear of violence from anti social elements after members expressed the same. The deputy registrar then under section 18 issued a draft notice asking for objections on the 21st of december 2010, but the earlier dismissed committee members sensing power slipping out of their hands went to the Joint Registrar's Office & managed to get a stay against the Deputy Registrar's draft with duplicate signatures being submitted showing members fro bifurcation against bifurcation.
Now, we have gone to the High Court & are asking for relief & vacating the stay.
We would want to know what would happen if the stay is vacated, would we be able to get a bifurcation after the stay is vacated or we would need to to submit the proposal again to the Deputy registrar. The dismissed committee members have also gone to the DDR - Bandra & pressurised him to call for elections before the stay is removed.
Kindly advise.
prsmitra
10 April 2011 at 11:33
plz verify the written arguments and give best decision for submit into the court on or before 18-04=2011
ABHAY SHAH
09 April 2011 at 21:11
I WANT NEW REVISED JANTRI FOR GUJARAT STATE I WANTED TO KNOWN FROM WHERE IT IS AVAIABLE FOR DOWNLOAD
THANKS IN ADVANCE
Sanjeevappa. L
09 April 2011 at 20:10
In other words, suit for partition is decreed, in RSA there was an observation that there should be a seperate enquiry for mesne profits. I have filed Final decree proceedings which was closed by alloting specific share and possession was also handed over in an execution petition.thus final decree is closed, but enquiry on mesne profit was not done and without considering the mesne profit the final decree proceedings was closed. Now can I file another final decree proceeding application for mesne profits? or whether I have to re-open the earlier final decree proceedings to assertain and to get mesne profits. Please provide citations in this regard.
PRAHLAD AGARWAL
09 April 2011 at 16:43
Dear sir,
my wife had submitted the documents of 50% share transfer which are on the name of her mother in the society in Aug-2009.after the expiry of the mother in july 2008. and other hiers were aggreed upon the transfer and signed for no objection.
maintenance was not cleared by the retired father since 2007.brother was in education.
it was requested by the wife to the society ( secretary and chairman) that kindly transfer the share and the arrers will remain and will be paid by the father who is otheer 50% owner and my wife is a house wife.maintenance arrears was a huge sum we not denied for that.
that time documents was with Mr.secretary and it was promised that as soon as arrears will clear transfer will be done then only.
arrears cleared by the father in 2010 but in between he was regularly paying the amount more than maintenance so as it will not increase furthur.
after clearing the dues when my wife and her father said to transfer the share society refused with the word that the date of the indeminity bond is only valid for the period of six months and is expired now . you have to form the new papers .
society has negociated with some lawyer and he said that you have to take the signature of the other heirs again.
is it true that my wife has to form new papers for the society transfer.
if any one other hiers who was ready at that time may refuse at current in that situation or anything wrong happen.
my query
a)notry of that bond have no value at current as those papers were signed by other hiers also.
b)new papers if formed again then the value of aggrement which formed in the year 2009 will wipe out.
c) why society is not transfering as per their words in old date.
d)how my wife may transfer the share in the society which is at her mother name.
e) if new documentation is necessary if any additional document required along with the old one without knowing the other hiers.for the transfer in society.
plz guide in such a condition.as we want to keep the value of old date and documentation.
at last if society refuses to transfer without new documentation can we go for legal proceedings .
thanks in advance
Anonymous
09 April 2011 at 14:27
Need advice on resale flat purchase:
Flat Details:
1BHK, 3rd floor, Pune, Maharashtra, within Pune Municipal Corporation (PMC) Limits
10yr old building, Stilt + 6 floors, 2 wings
Registered society, Conveyance executed from builder/developer.
Same flat number from both wings not listed on consolidated PMC building completion certificate.
Banks document scrutiny refused loan disbursement due to discrepancy in completion certificate.
Other documents of the flat are clear - property tax receipt, light/meter bill, share certificates etc.
Pls. advice on this matter -
1. What could be the reasons for the builder skipping the said flat/s from the building completion certificate?
2. Is there some way of getting a separate completion certificate for the said flat from the municipal corporation?
3. Is it worth waiting to get the completion certificate issue resolved?
4. Should I approach another bank who is willing to finance inspite of the completion certificate issue?
5. In case another bank agrees to finance this purchase, what could be the issues/consequences for me in the future given the completion certificate issue?
Thank you.
DINESH NAGWANI
09 April 2011 at 11:05
RESPECTED EXPERTS,
MY FRIEND IS WORKING AS ASSISTANT PROFESSOR IN AIDED COLLEGE IN AMRAVATI. AS COLLEGE IS FACING SURPLUS PROFESSOR
IN THAT CASE WHETHER MY FRIEND WILL GET PROTECTION AS HE IS IN PROBATION PERIOD & BELONGS TO RESERVED CATEGORY(VJNT). HIS POST FILLED ACCOURDING TO THE ROSTER. THERE ARE TWO POST RESERVES FOR THAT CATEGORY. ONE IS FILLED BY APPOINTING HIM AND THE SECOND POST IS YET VACENT. THIS TWO POST WAS VACENT SINCE THE ESTABLISHMENT OF THE COLLEGE. DUE TO NON AVAILABILITY OF THE CANDIDATE HE JOINED IN JULY 2010
PLS NOTIFY ANY NOTIFICATION, G.R., OR JUDICIAL RULINGS IN REFERANCE TO THAT
THANKING YOU
sandeep Upadhyay
09 April 2011 at 09:19
Dear experts
Is it correct that new clarfication is given by department that need not to e file er4,er5 and er6 to those unit who has paid duty more than Rs.10 lacs and less than 1 crore?
Thanks
sandeep
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Society Bifurcation !
Do we need to resubmit a new proposal to the Deputy registrar after a stay which is sought against bifurcation by the Jt Registrar is vacated. We are 3 bldgs out of 5 which all have seperate gates, bldg compounds, etc & had approached the deputy registrar for bifurcation. The deputy registrar put up a bifurcation proposal under section 18 & asked for objections within 2 months, our ex secretary instead of approaching him went to the Jt Registrar & got a stay againt bifurcation 17 days prior to 60 days under section 18. What we understand from our consultant that once the stay is vacated either within 17 days or immediately the bifurcation can happen.
We want to know as to whether what is possible in the current situation ? I don't think we need to submit a new proposal, kindly advise.