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Anonymous   19 April 2023 at 13:35

Eligibility to attend the agm.

Dear Sir /Madam,

The undersigned seek your expert guidance on the following issue.

In our residential complex there is FEDERATION consisting of 50 governing council members deployed from 25 member societies (each society represents by two members). The Federation secretary has circulated notice for AGM inviting above 50 members alongwith Chairman & Secretaries of above referred 25 societies to attend the meeting.

I think only 50 governing council members are eligible to attend the AGM. Additionally the Chairman & Secretaries are not members of Federation hence they are not eligible to attend the AGM. This is my understanding is. Please advise on this matter.

Thanking you,

Cordially Yours.

Sudhakar

Shailesh Bhavsar   19 April 2023 at 07:26

Change of name in index-2

Iam, Shailesh Bhavsar living in Pune since 1988. The builder had done agreement with my father in 1986 and index-2 was made in his name. The society in which I am living issued share certificate in my father's name. In the year 2000, my father made me associate share holder in the society. In Jan-2005, he passed away. Since then the society made me the shareholder and started issuing annual maintenance bills in my name. Even the Pune Municipal corporation started issuing property tax bills in my name and the Maharashtra State Electricity bills are issued in my name. In 2021 a family deed was prepared on a ₹500 stamp paper (duly notified) where my younger sister and younger brother have relinquished their claim on this property where I reside since 1988. Now, I our society is planning for redevelopment of the complex and if I wish to say I am owner of this property I understand that I need to carry out amendment in Index-2 favouring my name. My question is: (1) Is it mandatory for such change in index 2, and (2) If yes, then how to carry out this amendment in Index-2

Ryan   19 April 2023 at 01:20

Bombay high court average case resolution time?

Hello, my case has been delayed 5+ times in a row for the same reason: "Balance daily board cannot be taken up today on account of paucity of time".
Is it normal for a hearing to take over a year to be heard?
Is there not some sort of procedure to put your case higher up in the board based on how long you've been waiting?
I'm not very familiar with India's legal system, appreciate any help

Rakesh Shah   18 April 2023 at 23:19

Striking off the company as i am the only director left

Hello Experts ,
I am in a deadlock situation . Me and another Director had opened up the pvt Ltd company in 2015. (we were just 2 directors ). I am being a foreign national (OCI card holder) all the company affairs was taken care by the other director. We had opened up the company in 2015 but there was not a single transaction happend , the reason to open this company was to start something which never took place . Company have a bank account (still active with minimum balance ) there were no transactions since the start of the company. In 2021 the Director passed away due to COVID . I was not in India . Post COVID I came to India. Directly in 2023 January (after 2019 November) . In-between Directors death and till today CA have not serviced any company affairs . He contacted me and asked to pay all the back dated filing charges and compound penalty etc , Which is costing in few lakhs . I was totally un aware of anything . Now I am the only director of the company which never have made any business.

I want to shut down this company, but CA is saying we need to fulfill all the formalities and pay the xyz penalties, also his professional fees since 2021 till date . Kindly guide if I can appeal anywhere .

Thank you !

Alex Kate   18 April 2023 at 19:14

I was able to recovery my money.

I lost over 200k in an investment trading bitcoin company last month and i was down and out cos the company refused to give me a withdraw and still me for more money if i wanted my withdraw .. My Dad introduced me to his recovery agent✓ ROTTGENRAPHAEL AT GMAIL . COM / and i gave it a go .. Now i have half of my funds back , I will be getting the rest this week .. I am so happy and grateful .. Sharing this with the world ..

fangoferry privatelimited   18 April 2023 at 16:30

Company codirector non cooperating in business

my company codirector non cooperating in company business and her director cum shareholder 21 percent in company without auditor appointment she transferd to 2 people on white paper and taken money from those people..
Those people visited local police station and filed ddr and stopped company business
Local police filed ddr on company and my name..
what is the legal process to save me and my company.. Her director din also not activated..
Police going to arrest me on her white paper share transfer.
Please solve my company problem.

Anonymous   18 April 2023 at 14:14

Association mother documents mishandling

Hello All,
One member of the association stepped down from the office bearer post abruptly without handing over the position/proper files/flat docs to subsequent members of the tenure due to their routine arrogant behaviour got pointed out. The mother documents pertaining to common association had been found placed in Lift Room( head of the lift where the mechanism n head rails) placed by the particular members againast bylaw indication and unethic approach of mishandling of common property was complained in the association from the time it happened. But the association did not addressed it in a fair approach and prolonged it as if it does not matter to keep the common mother docs thro proper channel as per some of their favorite member's support. Now my question is 1) is it an offence to keep the parent docs in an unknown common area 2) to what extent the abuse can be questioned and actioned?

harish hari   17 April 2023 at 23:50

Old owner lost the case and filed a new case with others

PLEASE SHOW SOME PATIENCE READING THIS POST AS I HAVE EXPLAINED IN BRIEF FOR BETTER UNDERSTANDING WHICH WILL BE HELPFUL FOR EXPERTS TO TAKE CORRECT DECISION.

i explained  the problem in breif. for more understanding i will try to  give more clarification by explaining in points . i changed the names for privacy .

1.Th actual owner in 1965 lets call him ( old owner).  he has 2.5 acres of land. so in 1965 he sold the enitre land to different persons by dividing the land into portions. the entire land has survey numbers as 120, 121 and 123( i changed the suvery numbers for privacy here). as  it was a combined land  and it is in 1965 the revenue recored were not digitalized and enter manually..

2.lets come to dispue land. in 1965 the old owner sold the portion of the land  "BUYER A" which is now in dispute. in 1965 he wrote the sale deed in an unregistered sale deed. he mentioned the borders of the land correctly and entered the survry number as 120 and 121. in the unregistered sale deed. but presently (2020) that portion the land with mentioned borders has a survey number as 123.

3. AS "BUYER A" bought the land from the OLD OWNERr he is in possession now and enjoying the land and digged one well and cultivating the crops. the old owner sold the antire land and went to some other place and settled there. he forgot about these land and living his life as he sold the entire land.

4. In 1983 the  "BUYER A" who is in possession of this land  which was bought from the OLD OWNER sold to "BUYER B"  through unregistered sale deed. with the same borders and same survey numbers as 120 and 121.

5. Now "Buyer B" is in possession and enjoying the land he is cultivating the crops and enjoying.

6. in 2003. the "BUYER B" sold the same land with same borders as it is . to "BUYER C" Through a registered sale deed. with mentioning the survey numbers as 120 and 121.  now  "BUYER C"  is in the possession.

here we can notice that the transfer of ownership is occuring through unregistred and registred sale deed since 1965. but mutuation is not occuring.

NOW THE DISPUTE GAME SATRTS HERE.

Due to real estate boom. Land Grabbers starting grabbing the land  by catching the msitakes done in the olden days. some land grabbers noticed that the land bought by the "Buyer C"  has survey number issue  because in the registered document it is entered as 120 and 121 but int the revenue records it is as 123. for the land mentioned int he document

7. Now the land garbbers approaced the "OLD OWNER" who sold the land in 1965 and planned to grab the land which was already sold by him.

8. with the old documents he tried to take the possesion of that land from the "BUYER C" but the " BUYER C" who bought the land and already in the possesion  refused to move from the land. 

9.the OLD OWNER filed a civil suit  in 2007 that claiming that land is his and he is in possession and shown that  the porton of land is in survey number 123. and not in 120 and 121. here we can notice that the OLD OWNER himself sold the land in 1965 with the same borders but mentioned survey nu,ber as 120 and 121.

10. the old OWNER FILED  for permanant injuction. as he is not in the possesion the court rejected the permanant injuction order.

11. the case is pedning in the court.

12. during the case is pending in 2008 the OLD OWNER DID the gift deed for that portion of the land. to his son. lets cal him OLD OWNER SON.

13. In 2017  they came to know that they are about to loose the case and did  a SALE DEED to one of the land grabber. lets call him  LAND "GRABBER A". they did this sale did even the case is still pending in the court.

14. in "2019" THE FINAL JUDGEMENT TIME . THE OLD OWNER DID NOT HAVE ANY PROOFS TO PRROVE THAT HE IS IN THE POSSESION AND COURT BELIEVD THAT THE LAND WAS ALREADY SOLD BY HIM. SO HE DID NOT ATTEND THE COURT ON JUDGEMENT DAY.

15. JUDGEMENT IS GIVE AS "THE CASE IS DISMISSED FOR DEFAULT" .

16. SO , here we can understand that the OLD OWNER LOST THE CASE. 

17. as these "LAND GRABBERS"  LOST the case. they have planned file a new case for the same issue with the other parties. so they did the "SALE DEED"   to other  Land Grabbers. IN 2020.

18. SO , now the new "LAND GRABBERS"  filed a new case against the "Buyer C".

19. now the case is pending in the court.

we can observe that the OLD OWNER LOST THE CASE AGAINST THE " BUYER C "  hetransferred the land to others using his old documents even the case is pending in the court. the transfer of owner ship is done two times in 2007 and 2017 while the case is pending . and even after the lossing the case they did another transfer of ownership for the same disputed land. in 2020.

now are these documents valid.?

because here we can see that the transfer of ownership is done by the OLD OWNER. who lost the case and he traffered the ownership during the case is pending in the court.

is this transfer of ownership done during the case is pending is valid?

are these documents valid which is done by the OLD OWNER who lost the Case  against  "Buyer C".

how many days should the "Buyer C" FIGHT IN THE COURT with these land garbbers.

can we file a criminal case on these land grabbers for the contempt of the court because of creating fraudlent documents. even after lossing the case in the court.

i will appreciate you for studying these and sharing your knowledge for giving the better inputs. 

Thank you.

Anonymous   17 April 2023 at 21:00

498a case after 2 years of living apart

The wife has filed cases under 498a & DV after 2yeras of staying away from her husband,
1st they had filed a mutual concent lawsuit for divorce, now she is demanding 15 to 20 lacs for signing the mutual concent petition, which was not agreed upon by the husband, so she has filed for contested case at her parents native place,
She has been returned all ornaments in the court & signature taken, she has named husband 's parents also in the DV case,
1) can a contested case could be filed against husband and parents after staying away for two years?? Though they had filed a mutual concent divorce petition to begin with,
2 ) on what grounds can the husband & parents can quash the false DV cases, specially when they are not staying with the wife since two years??

Aryan Arvind   17 April 2023 at 20:44

Action on neighbouring housing soc

How to take action on a neighbouring CHS which repeatedly plays loud DJ at any time of day and even after 10:00 pm uptill 12:00 am midnight that to on multiple events (Weddings, Functions, Celebrations)