Anonymous
07 February 2011 at 10:10
I am buying a property in ghaziabad. However as per Khasara no. it comes under noida authority. The seller has taken Homeloan from axis bank and there is some loan outstanding. I had applied for my PF withdrawl and PF trust requires Non - encumberance Certificate. My Question is
1. Do i need to take this Non EC or the seller will take and give it to me.
2.Can he get the same as his loan is still outstanding ?
3.Will this NOn EC has to be taken from Noida or Ghaziabad ??
rajagopalan
07 February 2011 at 10:06
Dear sir,
Please give direction for passing after prleminery decree and commission was partion in that property by his view the path way for the plot was only 2.9 m maxium path for motor accessiable for is how much. The family temple and temple pound isseperate the midle of the temple and pond path way is provided , some portion of the way is in temple pond . the land given as share to me is also 4cents in temple pond balance useful land is 9 cents outof 13cents.othershareholders have no burden they have get 4m path way and 14cents each share commission report is onesided. Objection rased in this commission report and the judge in subcourt take decession to the Mediatior cell. Please give further steps related this case and normal steps wehave totake .please give valuable information and further step taken to this case Sir. Please give expert information
malashree
06 February 2011 at 20:35
Sir,
Kindly provide me a Kolkata High Court based advocate / law firms dealing with Paramiliatry service matter- CRPF - mainly.
prithwish sengupta
06 February 2011 at 19:16
sir please provide me the procedure for formation of section 25 companies under companies act.
thanking you.
Anonymous
05 February 2011 at 20:00
क्या आप बताने की कृपा करेंगे कि अभी हाल ही में दिनांक १४ जनवरी २०११ को माननीय सर्वोच्च न्यायालय ने SLP १९/२०११,७७/२०११ तथा ९९/२०११ को को रिजेक्ट कर दिया था
उक्त SLP दूरदर्शन और प्रसार भारती ने माननीय उच्च न्यायालय नई दिल्ली द्वारा पारित निर्णय के खिलाफ लगे थी
इससे पूर्व CAT के अलग अलग आदेशों कि पालना करते हुए दूरदर्शन ने जिन प्रस्तुति सहायकों को ५००० कि वेतन श्रंखला के स्थान पर ६५०० क़ी वेतन श्रृंखला प्रदान करदी लेकिन जिन प्रस्तुति सहायकों को उक्त वेतन श्रृंखला प्रदान नहीं क़ी है वे क्या करें क्योंकि वे अलग अलग स्थानों पर नियुक्त हैं
आपकी बहुत कृपा होगी
Anonymous
05 February 2011 at 19:39
Our Society is comprising of 70+ members & is not allowing 2-3 members to give their flat on L&L just because of biased mind, though the said members are ready to pay Non Occupancy Charges.Managing committee is not giving N.O.C for the same giving reason that they are not satisfied with the reason for non occupancy. Can't any member can purchase the flat as an safe investment & earn rent on it? If I am not wrong Govt.of Maharashtra it self is planning to build housing complexes to be given on rent as the present cost of Residence has gone too high. Is there any remedy? Recently they have allowed one of their old member to give flat on L&L.
Anonymous
05 February 2011 at 18:48
Brief- Fraudulent Sale of Plots by Todi’s
We are tenants and residing in the buildings constructed by 1) Todi Industries P. Ltd on Plot No. 69 and Bhagwandas Todi Charitable Trust- A Public Trust registered with Charity Commissioner, on Plot No. 84. Both the plots measuring 800 Sq. Yards are in JB Nagar, Andheri Kurla Road, Andheri-E, Mumbai in Rajasthan Coop. Housing Society and were leased out to above parties in accordance with the bye laws. Both the owners never bothered to look after proper maintenance of the buildings thereby making them dilapidated.
These properties were sold illegally by the owners with out making any reference to tenants who were in negotiations with the owners for converting the tenancies in to ownership since 1998 when they first published the advertisement in the Times of India about their intentions. When they did not get any buyers we approached them but the deal could not be materialized.
We had offered between Rs.275/- to Rs.300/- to the trustees in the year 2000 but they were not agreeing to the proposal.
Thereafter we suddenly got to know in 2007 that the properties are sold.
The two builders a) Aakash Shrishthi Constructions ( Plot No. 69) & AJ Construction (Plot No. 84) to whom these plots were assigned by way of Deed of Assignments (Registered with Sub Registrar’s Office in Bandra in the year 2005 and 2006 respectively) came in to picture in late 2007 and started threatening and pressurizing the tenants to leave the premises as neither they will repair the buildings nor allow the tenants to undertake repairs and then collect the amount as per law from the rents payable.
Due to this tenants formed an Association known as Todi Buildings Welfare Association to defend themselves against the criminal and illegal acts of the builders and registered it with the Charity Commissioner, Mumbai in 2008.
When all efforts of the association failed to get permission from BMC for carrying out structural repairs to the buildings jointly by tenants a Writ Petition No. 2028 of 2008 was filed by Todi Buildings Welfare Association and when BMC still did not act on court order we were compelled to file a Contempt Petition No.113 of 2009 in High Court. But as is usual in this country courts have become just money collection set up without quick justice mechanism thereby leaving exploited high and dry. The contempt petition is pending before HC and may take years to decide and which will not help tenants in any way.
However in early 2011, we have come to know that the original lease holders have assigned the plots measuring 800 sq.yds. at the price of peanuts @ Rs.7.5Lacs and Rs.19.02Lacs respectively way below the price offered by the tenants in the year 2000 and which could have been matched with the offers of the builders in 2005 had the owners given the tenants an opportunity?
We therefore feel cheated and deprived by the illegal and fraudulent sale of the properties by the original lease holders and wish to challenge the deeds of assignments. We sincerely seek help from the proactive advocates genuinely committed to the social cause of justice. Pl. help and guide us with your expert views.
arvind
05 February 2011 at 17:50
Sec. 3G of The National Highway Act provides for 'Determination of amount payable as compensation' to the persons whose land is acquired. Sub-section 5 provides that if amount determined is not acceptable by any party, then it will be determined (re-determined) by the Arbitrator appt. by CG. Invariably CG appoints DC or ADC of the District where the land is acquired.
Coming to the our case, there were around 20 farmers whose land was acquired, however only 6 farmers of the village made an application and argued that the compensation is not adequate as Market Value of the Land was more than compensation awarded. NHAI contested the case. Finally, DC decided the Applications and enhanced the Compensation by Rs. 5 lac per acre. DC held that considering all arguments and sale deeds presented by Farmers and NHAI, it is decided that Market value of Land of the village was 37 lac and not 32 lac as decided by Land Acquisition Commissioner (LAC). Hence, all 6 farmers w'd be given enhanced compn.
Now, the farmers who didnot file application u/s 3G(5) feel that they missed the opportunity. I read the NH Act and also Order of the DC and found that role of the DC u/s 3G(5) is just to re-determine the Market Value and he did the same thing. Now, when the Market Value is re-determined by DC for WHOLE VILLAGE and not for those 6 farmers, all the farmers whose land has been acquired sh'd be given increased compn. by the NHAI, becos earlier Market Value determined by LAC has been replaced by the Market Value re-determined by DC.
C'd anybody suggest, who handled this type of cases, where to reach for giving the enhanced compn to missed farmers. Even a good Fees can be considered for good solution
Kirti Kar Tripathi
05 February 2011 at 17:17
Dear Experts
Please clarify the meaning of "Stand Post" in Water Supply and Sewerage Act as it is not defined in the Act.
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Harrasment by Block members in residential society
Hello Experts, 'A' have a flat in one of Blocks in Housing Society and another independent tenament in a society some 11 km away from the said flat.
Now A and his father use the flat as a work place or office and the tenament as their residence. They come around 11am and work upto 7 pm. recently his father expired. Now A is not going to his flat for work regularly he goes only to do the patch up work and is looking for a job.
There are 12 flats/member in the Block. Every member of the Block where the flat is situated has to run the water motor to fill the water tank of the society from 6 am to 8 am in the morning and 5pm to 6pm in the evening.The turn to the above duty comes once in two months for 7 continous days.
As since last four year 'A' shifted from the said flat to tenament they could not do that i.e. run the motor as per the above mentioned schedule.
Now as a result 'A' was asked by the members to pay around Rs. 500 to 1000 per yearto any member of the Block to carry that duty as he and his family could not do that which was ultimately paid by 'A'
Since last year they told 'A' to come and do that or pay Rs. 1500 per year to carry out such work. So A opted to stay at his flat for a week and used to do the above mentioned work, he is doing it since last one year.
Now as A's father expired two months ago and as has family commitments 'A' is not visiting the flat regularly and is staying at the tenament 11km away from this flat with his family.
As 'A' cannot do ie. run the motor, he refused and requested the Block members that he cannot now come and stay here and do that as he now has more family commitments. Consequently somebody in the block has closed the water supply to A's house. They shutt off the cock which is on the terrace of the Block that is connected to a pipe to his house and allows the water supply. Now 'A' does not know who has done it as he visits the flat only 3 to 4 days in a week only to do some work.
'A' is paying regularly administration and maintenance charges to the BR(Block representative)which is around Rs. 2000 per year. The Society is a 22 year old Society there is no association. It is managed only by the BR in each block. A' pays the maintenances to the BR for which the BR doesnt even issue a receipt, only maintains a record in a Note Book.
Now what is the legal remedy available with 'A' against those whose shut down water supply of his flat. Can he file a police complaint but agaiinst whom can it be filed. what are the other remedies
available.
Kindly please guide what to do in this case