Sir,
One of my neighbor who is joint owner of a flat in co operative society seeking information on following points.
1) He is a Nepali who since his childhood working as a maid in the house of first owner who is a Parsi. After his marriage the first owner had purchased this flat and registered the documents jointly, in which Parsi being the first and Nepali being the second owner.
2) As the flat is in exclusive use of the second owner i.e. Nepali & The first owner is willing to transfer his share in the name of second owner i.e. Nepali. The first owner had made an RELEASE DEED in favour of the second owner.
3) The society is now objecting stating that this cannot be processed as both are from other religions and the release deed or gift deed can be issued to a person who is in blood relation.
Please provide remedy.
Sashi Kumar
23 May 2015 at 05:00
A Plaintiff (second party) filed suit for money recovery. The notice filed in court has one of the clause of the sale agreement altered. Below is the original clause & the altered clause by the plaintiff.
HERE IS THE ORIGINAL CLAUSE FROM THE SALE AGREEMENT:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party.
HERE IS THE SAME CLAUSE MENTIONED IN THE COURT NOTICE - SEE LAST LINE WHICH WAS ADDED BY PLAINTIFF:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party. The second party shall have right to Specific performance through court of law.
Can this be used against the plaintiff for misguiding the court and defrauding the defendant?
Is this considered as criminal act?
How can we use this against the plaintiff.
Kushal
23 May 2015 at 00:19
My company is a private limited company. Since the share capital is Rs. 15,00,000 which is less than Rs. 50 lakhs and the profit for the last year is less than Rs. 2 crore, it fits within the definition of Small Company u/s 2(85) of the Companies Act, 2013. Now, I want to raise the authorized share capital to Rs. 1 crore. As per the Fees Table, a Small Company is liable to pay Rs. 2,000 upto share capital of Rs. 10 lakhs and Rs. 200 per Rs. 10,000 after the first Rs. 10 lakhs and upto Rs. 50 lakhs. However, since the revised authorized share capital would be Rs. 1 crore which exceeds the limit of Rs. 50 lakhs, I am confused if the company would be considered as a small company for this particular transaction or not. Accordingly, the RoC fees would vary. This is because a normal company has a different fees schedule and charged heavily, whereas a small company has exemptions due to which the fees charged is negligible. Hence, I want to know that what will be the RoC fees payable on e-filing of Form SH-7?
rajan chopra
23 May 2015 at 00:12
Sir after being convicted in a cheque bounce case the accused preffered an appeal before session court.I instructed my counsel not to compromise and contest the appeal on merit. Now the case is at argument stage. I have come to know from court web site that the case is listed for arguments and there is zimni order stating that counsel for parties have stated that there is a compromise between parties and now the case is fixed for compromise on next date.What I can or i should do at this stage to save my interests?
Mahesh Prajapati
22 May 2015 at 23:12
for a pagdi chawl room, there is a dispute among two brothers who are now settling the issue among themselves. But now the landlord is asking for 5 lakh to transfer the name on the receipt. Is it legal for her to demand money? is there any way out?
prerna
22 May 2015 at 22:26
I have suit going on in which my tenant is not giving me possession of the property despite agreement expired.he is asking for 8 lacs which he gave to my husband.me d my husband don't live together d property is in my name.cour has also passed decree of possession in my favour as no documents were presented showing wife has taken loan d know I have applied for execution.know the tenant has filled permanent injunction and recovery of 8 lacs in separate suit but with same judge.will injunction affect my decree of possession . Will execution go ahead
i am planning to buy a site (30x40)which is formed in Survey number.i have obtained a RTC of the Survey number to ensure the owner.and the owner name was reflecting in RTC, but my concern here is since the site which i am planning to buy a vacant site, what is the guarantee that the same site was already sold to other person.since RTC rill not show the site owner name. how to proceed in this. in case if i register this site in my name, what are the next steps that i should take so that the old owner should not try selling the same to others as well.
shaheenkhwaja
22 May 2015 at 21:24
My grandparents expired living behind their property without a will, we have our ancestral property in ratnagiri, taluka lanja, village ajnari. We have saat bara utara where my father name is there, now I want to divide that property in my father n his brother name so that my father children n my uncles children can be added in legal heirs name my father has 4 sister from which one sister expired, one is mentally handicap, one is staying separete from husband has no children, one is married stays in Mumbai, n my father one brother expired he was married but wife left him after few days of marriage they have no children.n if the sisters n not interested in that property than what is the process to divide their share between my father n my uncle
Police investigation
I have a case in which 3 nephews of deceased(aunt of the accused i.e."Bua" a patient of diabeties low BP and high BP since 15 year accused knows very well) entered in deceased house and start beating to her family member consecuently she died. Doctor's report saying she died because of heart attack police register FIR u.s.304/34 of IPC but now investigatin officer saying in the court "i am investigating about the case" and he is not submitting chargesheet or closer report, investigation has been going on since 6th june 2014 even I have filed a complaint against him in the MM court.
what should i do?