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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Ajai Kumar Roy   17 July 2010 at 13:50

will convertion in sell deed

Sir,

I am three brother living in Delhi in joint family after death of father mother left one joint registered will with equal share of all brother. one brother required loan from bank but bank not agree loan on property. My mother not alive. we all brother want to registered sell deed paper in separate -separate name. If possable and what prosudure. We all brother agree to filling registration charge and corporation tax. The property alloted in my fathers name.awaiting to ypur reply.

Thanks

sukhbir singh   17 July 2010 at 12:50

Notice u/s 13(4) after representation u/s 13(3A)

Can bank issue notice us/ 13(4) if they have accepted the representation under 13(3a) and accepted the payments, issued NOC, released the property held as collateral by the Bank. And not rejected the rperesentation.

Anonymous   17 July 2010 at 11:55

harrasement by police constable by using consumer court

i construct building which completed on september 2007 . muncipalties allot completion certificate on 15 september 2007. in that building two flate owner get possession from me on date 14 october 2007.but final sale dead is registered on 10 october 2008 where clearly mention that he take possession of flate on 14 october 2007 in this building society is not form because of dispute on monthly maintenance cost .this flate owner is police constable both give harrasement me , both filed consumer complaint in maharashtra against me on date 15 june 2010.consumer court accept his complaint & send me notice, in complaint he say 20 sq feet area is less provided , dampness on wall,etc. please give me help against this harrasement

Anonymous   17 July 2010 at 11:52

consumer case

i construct building which completed on september 2007 . muncipalties allot completion certificate on 15 september 2007. in that building two flate owner get possession from me on date 14 october 2007.but final sale dead is registered on 10 october 2008 where clearly mention that he take possession of flate on 14 october 2007 in this building society is not form because of dispute on monthly maintenance cost .this flate owner is police constable both give harrasement me , both filed consumer complaint in maharashtra against me on date 15 june 2010.consumer court accept his complaint & send me notice, in complaint he say 20 sq feet area is less provided , dampness on wall,etc. please give me help against this harrasement

Anonymous   17 July 2010 at 11:45

Registration of flat/apartment

I am a shareholder of a joint property (House) at Ranchi, Jharkhand. The house alongwith the land had been given to a builder for making apartment with consent of all the four shareholders. Each shareholder has now got one flat. Please let me know if we, the original owners of the land, are required to go for registration of our flats.

s.loganathan   17 July 2010 at 11:35

Abuse of Arbitration clause

I have always put my faith in the law, inspite of its cumbersome procedures and delays. I am shocked by the fact that the rich and powerful are misusing the Tribunals that have been empowered and shielded by intervention of courts. I am entangled by such a situation and seem helplessly persecuted by the very law that is supposed to protect. This is my case:
1. I obtain a loan for purchase of vehicles from TMFL in 2006 and signed a host of papers for the same.
2. Regular installments were made, until end of 2007, when I was admitted to hospital for CABG surgery suddenly and was discharged after 2 months due to post operative complications.
3. On my return, I approached the finance company and whilst I was talking to them in their office with the payment, they forcibly repossessed my vehicle parked in front of their office.
4. Being annoyed by their actions, I lodged a police complaint and they returned my vehicle in the presence of the police inspector, whereby at the time of receiving payment from me, a letter of agreement was signed that in the event of non clearing of dues all the vehicles will be handed to TMFL by 19/01/2008, signed mutually by us.
5. One of the two identical vehicles was sold by me and the purchaser cleared the due directly to TMFL.
6. Even before all these happenings, I had written to TMFL management asking for a copy of the agreement executed as it was promised to me at the time of signing it hurriedly in good faith upon such a large company.
7. When I could only dispose of one vehicle in time, and keeping to the letter of agreement between us, I informed them about the location of the remaining vehicle and they took it.
8. After about six months, I receive a telegram that they are taking possession of my vehicle. I immediately send a telegram to them stating the fact that they had already taken possession as per our letter of agreement and that it is a misleading charade.
9. In between all these, I kept receiving letters to renew insurance from the H.O. of TMFL to which I wrote, clarifying the letter of agreement and also requested them for a copy of the hire-purchase agreement.
10. I got a letter from the Road Transport Dept. asking to renew my permit, and I also wrote to them informing about the letter of arrangement, whereby I no longer am owner and in possession of the vehicle or am not responsible for it, and sent a copy of the reply to the Dist.Collector.
11. We kept receiving reminders from various sections of TMFL and kept replying always refering to letter of agreement and asking for copy of hire-purchase agreement.
12. Suddenly, one fine day, I get a legal notice demanding an illegal exorbitant amount, unthinkable in any magnitude.
13. I immediately send notice, informing of letter of agreement and file a case before the Principal Dist. Munsif Court.
14. The TMFL have yet to file counter, even till date and have now made a application for rejection of plaint, which has been refuted by my counsel.
15. While this process is already underway, TMFL invokes the Arbitration clause in the non-available hire-purchase agreement, and I get a notice from their lawyer and subsequently from the Arbitrator. My counsel, sends a legal reply to the Arbitrator and TMFL lawyer, specifically mentioning that there is already a case pending before the PDM court.
16. Unmindful of the court proceedings, the Arbitrator sends another notice of hearing.
17. Again, my counsel replies and puts the Arbitrator on notice.
18. The Arbitrator passes an order ex-parte.
19. All my numerous correspondence are backed by postal acknowledgement and the police complaint by a receipt.
OK, this is the rendition of events. What is my predicament? What recourse should I take? Can I stay the Arbitrators order? If so, how do I proceed? Can I sue the Arbitrator, who seems to have acted biased with the giant company? I am confused, can someone please throw so light to this matter.

NITIN   17 July 2010 at 10:54

TDS u/s 195

Our's is a limited company. We are making payments through credit card in foreing exchange for accessing certain sites in USA. The server is in USA.

It is monthly and /or yearly subscription charges paid for accessing the site.
If I go on a particular site, I will view the contents of the site broadly.But, if I want certain specific
information then I need to pay for it.

Are we liable to deduct TDS?

Anonymous   17 July 2010 at 10:13

i am in problem

sir i sell my bahadurgarh plot. one party come in my home last week .. they done bayana . in my home .... in bayana paper they write that the second party who purchase this plot have authority that after settled time period if i donont transfer the plot to byer(second party ) then they go court nd take possion nd transfer of plot through court. sir i m in tension that if they donot give me actual money which they settled in bayna then offcourse .i donont want to transfer and in that case they also went to court nd transfer plot through court. bbecause b/w time period i donot transfer this plot because i donot get actuall money that they pladge so please help me what can i do know. nd second party also take my alotment leteer photo copy nd , my last instalment slip of HUDA nd two photos..... so please tell me the solutions

mahendrakumar   17 July 2010 at 08:36

bombay highcourt judgement/consumer case

there was a recent judgement by bombay hc that any one(not necessarily an advocate) can represent an plead at consumer forums.

can any body give the link or copy of the said judgement?

ankit jain   17 July 2010 at 07:17

can women becamee karta

can widow became karta after her husband death and left two minor daughters.??

i got different views regarding this query.
some expert are against and some are in favour of this.but my point is that why women has not given the power to run the huf family she also the human being as we all are and women can run more efficiently than male and according to 76ITR467 ('SC) held the decision that women can become karta after her husband death when huf reduced to only female members.

some of expert says why she want to operate new bank account?? i think there is not a point to arise this question.. and for open new account she has to take declaration from her daughters( coparceners) as expert says but if she has minor daughters in that case what to do???