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Anonymous   01 July 2018 at 11:50

Title of property after being gifted to us in 1984

I jointly own a commercial shop at Nagpur with my brother. The property on official records is owned by a Society but the ownership of the shop is with us and Society has issued us share certificate for it.

The property original owner was my father, he expired in 1970 and transferred the property to my mother via will who then gifted the property to us via a (unregistered) gift deed in 1984 since there was no registration required at that time for gift deeds. The Society transferred the property in our name and issued us share certificate.

My mother expired in 2009.

All the transactions were done on Society records and there is no registered agreement for any of the above since it was not required in 1984.

Our parents have 2 daughters and 3 sons and they have their own children. Now one of the son's daughters is raising issue and asking for her share of the property after so many years. I fear she might file a court case and get the property sealed under a court receiver.

What is my legal stand towards the title of the property ? Can she do anything at this stage after the property was gifted to us by our mother in 1984 ?

Anonymous   29 June 2018 at 16:03

Demand draft cancellation

I had 2 DD's made on 24th of Jan 2017 from my ICICI bank account in favor of a Pvt Ltd company. The beneficiary co. has been charged by ED and STF and their office is sealed. The DD's have been misplaced by me for which I lodged an online FIR. I contact the bank for the cancellation as the amount is with banks suspense account. The asked me for the Indemnity bond, FIR copy and NOC from the beneficiary. I have the Indemnity bond and the FIR copy but cannot obtain the NOC as the co. is sealed and the directors are in Jail with case running against them.

Pl guide me how to get the DD's cancelled.

Anonymous   29 June 2018 at 15:08

Industrial law relating the pay for equal work

I am currently working in an public organisation for 2.8 years or more. In response to the minimum wages act or something similar(that's what we have been told), they have applied changes to the salaries of all fresh employees which hasn't been done in my almost 3 years of working. They have an increased basic and also a hike that makes it double my payment. We did receive an hike of a measly amount that doesn't amount to. I feel mistreated. Is this allowed and anything I can do?

Anonymous   29 June 2018 at 09:26

Preperation of final decree

In 2000, my mother purchased house as per the pre decree dated on 1998 from all the share holder of the house and the party of appeal but one of the party went to high court in appeal on 1998 and appeal get pending. In 2015 one of the share holder file for final decree and plender comissioner come to measure the house but adjound. My mother file objection in sub judge but judge pass order that my mother is third party and she purchase during the pendency of suit.

Modassir   29 June 2018 at 09:16

Preperation of final decree

In 2000, my mother purxhase

Apurv   29 June 2018 at 01:27

Property surrender

Hi

Hum 3 bhen bhai hai .. humare pitaji k marne k baad humne khet .. maine apne naam .. apne bhai k naam .. aur sister k naam kara diye the..to humne aapsi sehmati ki hai 3 bhai bhen ne milkar ... kal ko usk sasural wale zor mare sister par ki property me hissa wgrah .. to humari bhen ka khna ki aap mere naam ki property aap dono bhai rakhlo taki kal ko dikkat na ho.. agar ye possible h to kse kita jaye .. humare up k gao azamgarh me hai ...

Anonymous   28 June 2018 at 17:20

Wct deducted but not paid against the certificate

an acquaintance engaged a contractor to build his office. he deducted works contracts tax from the payment but didn't deposit it with the concerned authority. therefore he doesn't have the certificate.
now the contractor is asking for either the certificate or the remaining payment.

our concern is:
1. if he does not pay the tax within a stipulated period, what is his liability to punishment?

2. since its not yet paid, whom should that deducted amount be paid to - the contractor or the authorities?

3. if he gives the remaining amount to contractor and not to the authorities, and ultimately the tax is not paid, what is his liability? would it double up?

4. how can he ensure that he doesn't have to pay the amount?

Vijaya Bhaskar   28 June 2018 at 15:32

Presence of trustees during trust amendments

Dear Learned expertise

We are a charitable trust registered under the Bombay Public Trust Act 1950, which is repealed in 2003. After repeal were not sure about what next, Hence, we filed an application under RTI and got the information that we are now regulated " The charitable and Religious Trust Act, 1920. For any additions or modifications to the trust deed can be carried by a petition to the district court under section 3 and 7 of the Charitable and Religious Trust Act 1920 or approach district sub registrar office for document registration.

First I approached the sub registrar office, and we are told that all the trustees must be present at the time of registration which could be difficult as one of the trustees is not in country.

Is it mandatory that all the trustees must be present or can the chairman represent all the trustee with a resolution and authoriszation. by other trustees to register.

Is their any process to go further without one trustee and register still the trustee being on board. The absent trustees does not have any objections to the trust amendments.

Anonymous   28 June 2018 at 15:23

Wct deducted but not paid either to authorities or to the co

my friend engaged a contractor to build his office. he deducted works contracts tax from the payment but didn't deposit it with the concerned authority. therefore he doesn't have the certificate.
now the contractor is asking for either the certificate or the remaining payment.

our concern is:
1. if he does not pay the tax within a stipulated period, what is his liability to punishment?

2. since its not yet paid, whom should that deducted amount be paid to - the contractor or the authorities?

3. if he gives the remaining amount to contractor and not to the authorities, and ultimately the tax is not paid, what is his liability? would it double up?

4. how can he ensure that he doesn't have to pay the amount?

Quadir   28 June 2018 at 13:06

Unregistered lease/ rent deed

Dear Experts,

I would like to know that what, in the eye of law, would be the duration of an 'unregistered lease' of an open piece of land where 'No Duration' is mentioned?

The document just says,
- that a (very nominal) fixed rent should be paid to the landlord every month, which landlord will never increase.
- that if tenant fails to pay the rent, landlord will have a right to re-enter.
- that the tenant will have a right to construct 'any type' of building on the land for his own use or for renting it out.
- that if in future, the landlord would need the property of for his own use, he would pay the tenant his incurred expenses (on the the land) and can get the property back.

It has no mention of any period for which land is rented out, no premium taken and it is unregistered.

Thanks
Quadir