nanda sequeira
08 June 2010 at 11:54
Can housing society tranfer the Shop Purchase by the 1st owner in Oct, 2009 sold on April, 2010 immediately
Anonymous
08 June 2010 at 07:45
dear ,
sirs,
iam having difficulty in interpreting section 74 of Information Technology Act,moreover can this section be imposed for charging a person accused of sending a threat email to an individual.
regards.
Sanjay Kumar Choudhary
07 June 2010 at 18:28
I had purchased an apartment in a development in Goa. The project had 2 phases and my property was in phase 2. The developer scrapped the phase 2 without any consent of investors and currently developing phase 1. They did not officially informed us to offer the unit in phase 1 as substitute however on enquiry i was offered unit in phase 1. The same is not acceptable to me and i asked for cancellation of my booking and refund of my money. I have paid so far 90% of the cost of apartment. The developer is not paying me the refund despite several follow up and reminders giving several excuses and delay tactics. As per the registered sale purchase agreement, the developer has cleverly put a clause that he can change/relocated the apartments and refund claimed by any investor, if any, will be the discretion of developer.
I want to serve a legal notice / as well as file a police complain for fraud against developer. Please advise how to go forward. Also forward me a draft of legal notice which can be served to developer.
Ram P Saraswat
07 June 2010 at 12:53
Good morning Sir, I am Ram Saraswat from Mumbai, I am Bcom (10+2+2) from university of North Bengal in1988. Now I want to do LLB through correspondence. Is it Annamalai or from IGNOU ? which of them are approved by Bar Council of India? pl. help...! (I am working as Manager- accounts & Finance at present in mumbai) Thanks in advance. Ram Saraswat p_ramprasad123@yahoo.co.in 9833697780
PRATEEK GOYAL
05 June 2010 at 15:35
Whether loan documentation and evaluation services provided by DSA/DMA of Banks falls under BAS or it falls under BSS. Also whether these services would not get benefit of basic exemption under notification 6/2005, being branded service. A quick response from Experts is eagerly awaited.
Also please quote the relevant citation, if any, on this matter.
Thanks in advance.
Member (Account Deleted)
05 June 2010 at 08:58
For eg.if an organisation releases a periodical.The printing cost of a paper be Rs.4. If the selling price be 6 or 7 rupees.. Should all the profit earned be diverted towards charity for tax exemption? Or can any part of it be used for further printing expenses? 'll that result in taxation? Also there won't be any salary or assets purchased by the members of the organisation with this money..
ajeet singh
05 June 2010 at 00:16
hi,i worked in an organisation name"microstar"as floor manager from jan 2010 to 26 april 2010.on 26th april 2010, i resigned on certain illegal grounds which was unacceptable to me. actually, microstar is a call centre institute which provides training of call centers.So i resigned from there.Now i am asking salary ie10,000+2,000 incentive. but the owner of microstar replied me that she could not provide me salary as she is in great loss,due to my resignation.i have sent a notice to her with the help of local lawyer of 7 days to pay my full salary.now i want to ask whether my case is strong or not? what are the acts of laws which can make my case strong.suggest me some ideas for it.I have attached copy of appointment letter,as i have typed in word.you can read this analyse my right to ask for salary.
Ashok. B.V.
04 June 2010 at 16:19
Dear Sir/s,
My friend wanted to set up one Diamond Jewellary shop in bangalore. the following are my query
1. what types of approvals/ licenses i have to take from local authority?
kindly guide me
Anonymous
04 June 2010 at 16:03
I, Swarup Modak, an inhabitant of Bidisha Housing of Konnagar, Hooghly and a member of Bidisha Co-operative Housing Society Ltd. (in short the ‘Society’), Konnagar, Hooghly. The said membership is duly approved by the Co-operation Directorate, Hooghly Range (Former: Office of the Assistant Registrar of Co-operative Societies, Hooghly).
I purchased one residential flat of 477 sq. ft. at Bidisha Housing Project Ph-II (hereinafter referred to as the ‘Project’), Konnagar Hooghly which is promoted by the West Bengal Housing Board (hereinafter referred to as the ‘Board’), Kolkata.
I have purchased the aforesaid flat after being satisfied the free space of the General Common Areas of the Project. During purchase there was neither any Cycle/Two-Wheeler Stand nor any Flagpole base with sophisticated fence in any place of the General Common Areas of the Project.
An extract is given below from the Sale Deed which is made after purchase of the flat(s).
“The general common areas and facilities provided for the purchasers of flat in the estate mentioned in the Third Schedule hereto shall at all time be held by the purchaser and/or allottee member(s) along with other purchasers of flat in the said project and shall be used and enjoyed by them in common amongst themselves and neither the allottee/occupier nor any other purchaser of any flat in the aforesaid estate shall any time be entitled on any ground whatsoever to make partition or division thereof or to claim to have exclusive right in any manner whatsoever to any portion of such general common areas and facilities/amenities and that the purchaser along with the other purchasers of different flats in the aforesaid estate shall use the said general common areas and facilities/amenities for the purpose for which they are entitled to without hindering or encroaching upon the lawful rights of other purchasers and occupiers of other flats in the said Project.”
The Society has built the following in the free space of the General Common Areas.
1. Cycle/Two-Wheeler Stand – 1 no.
2. Flagpole base with sophisticated fence – 1 no.
The Society discussed regarding the Cycle Stand in several Annual General Body Meetings and the member(s) were agreed to violate the mandatory provision(s) of the Sale Deed whole-heartedly.
An extract from the minutes of 80th Board Meeting of the held on 30-08-2009 is given below:
“…iv) Intimation to W.B. Housing Board
- has already been completed”
The Society intimated to the Board prior to the construction of the Cycle/Two-Wheeler Stand.
The Board, being a party of the Sale Deed, a seller, has helped the Society to violate the mandatory provision(s) of the Sale Deed. The Board did not try to protect my right as I have paid money to them for the said flat as well as the General Common Areas in the Project.
The DRCS (Former ARCS) and the CI, Serampore has put their unauthorised interference by giving permission for construction Cycle Stand in the General Common Areas of the Project. Neither the DRCS nor the CI has spent any money for the said Flat as well as the General Common Areas of the Project nor the said property is their ancestral property.
On 29-12-2009 under ref. Memo No. 2153 M I – 3336 the ARCS issued a letter addressed to the Society as follows:
“...this office of the undersigned is not in a position to accord any sort of permission in this respect right now, because, out of 450 no of existing members of your society (having 540 no. of flats), the no of members likely to be benefitted from the proposed cycle stand is not duly furnished (more precisely, the capacity of the proposed cycle stand is not mentioned).
Now, you are hereby requested to need-ful for submission of this related documents in this regard for further course of action from this end.”
On 30-12-2009 the Society received letter from the ARCS and on the same day under ref. BIDI/Cycle stand in para 4 the Society replied to the ARCS through the CI as follows:
“ 4. Now about the capacity of the proposed stand we may say that the capacity of the stand depends upon the way the cycles are placed. The area of the proposed cycle stand is 110 ft x 8 ft. Our estimate is that around 200 cycles can be placed in the proposed cycle stand.”
Out of the above, the rest which the Secretary of the Society had written in his letter almost was not as per the requirement to the letter of the ARCS. It was a story which the Secretary of the Society manufactured just to influence the ARCS for obtaining sanction for the Cycle/Two-Wheeler Stand in their favour.
On 31-12-2009 under ref. Memo No. 179/09 the CI, Serampore Circle forwarded the letter of the Society along with favourable comments:
“...so that construction work for the cycle stand could be started as early as possible.”
Even she did not try to justify before writing to you whether the reply of the Secretary of Bidisha was in line of your letter.
On 04-01-2010 under ref. Memo No. 21 I – 3336 the ARCS issued a letter addressed to the secretary of the Society with an open permission for construction of cycle stand and the ARCS wrote as follows:
“...you may construct the Cycle Stand provided all the members (and their family) of your society can get the benefit of it irrespective of caste, creed, colour and sex for registering peace and tranquillity within our society.
At the same time, you are also requested to take necessary measures for construction of one or more no. of Cycle Stand for further requirement (if any) to meet up the need as well as demand of the members (General Body) over and above the existing capacity of the proposed Cycle Stand...”
The DRCS and the CI helped the Society directly to violate the mandatory provision(s) of the Sale Deed through applying their Official Power illegally and forcefully.
After getting success from violation of the mandatory provision(s) of the Sale Deed the Society has built one Flagpole base with sophisticated fence in the free space of the Project without any intimation to the concerned.
In the main Site Plan there is no any provision for any type Construction like Cycle/Two-Wheeler Stand and/or Flagpole Base in the free space of General Common Areas of the Project.
There as numbers of unsold flats in the Project which the Board will sale in coming days to his customers where an illegal Cycle Stand and/or a Flagpole base exist.
The aforesaid Cycle/Two-Wheeler Stand will create a serious social problem in the Project. The privacy of family members, especially lady members, of the unsold flats which are attached to Cycle/Two-Wheeler Stand will become completely destroyed. Round the clock all people will move besides their windows. It is impossible to give guarantee that no one will peep through the windows (bedroom/bathroom/kitchen/dining room) of the said flats. They should also have right to use and enjoy the sufficient free space besides their windows like other allottee member(s).
In the Sale Deed the Purchaser is the Society and I am a confirming party.
How should I be able to recover the free space?
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Purchase of property
Dear Sirs,
One of my client intented to purchase two different properties. When I scrutinising the documents, I have got some clarifications.
a. First item of property and its larger extent was purchased by one Ramasamy during the year 1965. He settled the portion of the property to his Minor son Ramesh through his junior wife Latha in the year 1976. The settlor gives only life interest to his junior wife and his minor son, the absolute right goes to the male legal heirs (Grand sons of the Ramasamy) of his minor son Ramesh. The settlor Ramasamy died in the year 1978. His son Ramesh died in the year 1987 as unmarried. The said Ramesh got four married sisters. His mother Latha filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2008. The said Latha sold the said property in favour of the present owner. Further the said Latha died in the year 2009. My clarification is that both the Mother and Son have got only life interest, then how she sold the property without obtaining signatures from the other legal heirs of the settlor. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with suitable case laws.
b. Likewise, the second item of property and its larger extent was purchased by one Murugan during the year 1975. He died intestate in the year 1979 leaving behind his senior wife, junior wife, 2 sons and 2 daughters through his senior wife, 1 sons and 3 daughters through his junior wife. The said legal heirs partitioned their properties during the year 1983. Under the said partition F Schedule property was allotted to his Junior wife and her son for their life interest and their life time the property shall be goes his (son's) male heirs. The said died in the year 1987 as unmarried leaving behind his mother as his Class I legal representative. His mother filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2007 and his mother sold the said property in favour of the present owner. Further she died in the year 2008. My clarification is that both the Mother and Son have got only life interest, then how she sold the pproperty. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with case laws.
With Regards,
P.Balasubramaniam