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santosh Pawar   09 May 2015 at 18:14

Succession law

sir,
My aunty died unmarried in the year feb.2010. She has left behind some bank balance and one flat property. It is her self acquired property. Her mother and father expired in year 1960 and 1978 respectively. She has one real brother and one real sister( my mother) as legal heirs. My uncle(brother of deceased) applied for succession, in which he said the sister of deceased(my mother)has no right/claim, as she was married in the year 1950 i.e. before hindu succession act 1956.
Sir my question is, can my mother(real sister of deceased) claim property of her sister as she was married in 1950 or whether our claim will be denied as my mother (deceased sister)was married before hindu succession act 1956. Please guide. We stay in Pune(Maharashtra).

DEEPAK   09 May 2015 at 17:59

Suggest lawyer

I want to be become a legal advisor in company..so plz tell me..under which lawyer i have to do start practice

amitsingh   09 May 2015 at 17:05

prize on selection

I am selected in a good govt job.I am now a student and about to join this job in nov 2015. I have taken coaching from delhi, my rank is good and now in a ceremony coaching wants to honour me and cash prize. Now the doubt is that 1.Is there any leagl problem accepting prize as I had studied in that coaching and really a lot of credit of my success goes to it ,coaching dont ask me any favour in return. 2. Should i give tax at this prize and what will be the tax rate.

KETAN MANDANI   09 May 2015 at 16:51

Regarding parking rights of a flat occupant staying on rent, in a co-operative housing society.

Dear Sir,

I have just signed up for lawyer's club India, website..

I have a particular issue regarding Parking in co-operative housing society.

I live in a rented flat in a 13 storied building in Kandivali (west) in Mumbai. I own a four wheeler Car. The landlord stays in Europe, and have given power of Attorney to his father in law staying in Ghatkopar, Mumbai, who signs rent agreement with me every year.

My society (Building A) is in a larger premises having four other buildings (building C, D and E).

There are 51 flats in my building, out of which only one flat (i.e. mine) is on rental basis and all the others are on ownership basis.


Each building has its own internal parking area where they have demarcated parking space. plus there is an access road connecting all the buildings, on both sides of which, parking spaces is there. The four buildings viz. A, C, D & E have formed an Apex Body which has taken up the ownership of access road and have distributed parking space within four buildings recently. Accordingly, my building (A) has been allocated four car parking to be given to its members.

Now the issue is as follows :

the society of my building (A) every year conducts a draw / lottery for allocation of parking space in its 'own' internal parking space (where approx. 27 parking space is available compared to more no. of cars). However, the society did not include my car in the lottery citing that I am staying on rental basis and all the other people on ownership basis have objected to inclusion of my name. I did not object at that time; and placed my car on Access Road where parking so far was on 'First Come First Serve' basis. If I didn't get parking, I had to park the car on main road. Similarly, for all those who didn't get parking in lottery system, parked their cars on access road if available; or else outside. but most of the flat owners had two cars; one allotted in society parking area and other placed on access road.

Recently, the four buildings made an apex body (of A, C, D & E). and took up the road and distributed parking amongst themselves as mentioned above. My society has been allocated four Car Parking Spaces. In my society (building A), there are five excess cars including mine (Excess cars are those cars which didn't get parking space in lottery system in society's internal parking area).

Ideally, the society was expected to further conduct a draw / lottery of these four car parking space, to accommodate four out of five cars including mine. But once again they did the same thing, i.e. excluded me because of my 'rental' status and distributed four car parking spaces amongst themselves because of which I had to keep my car outside the premises ie.. on road on first come first serve basis. All these four cars are second cars of their owners. whereas I have only one car. I had requested the society to consider my car in the lottery of atleast access road if not in the society's parking space; but they did not consider the same.

My question is :

1) First of all, can society allocate its own parking space (internal parking) through lottery system or it has to be on first come first serve basis? Even if society has allocated internal car parking through lottery, can they exclude tenants (ie. families staying on rent)? Don't rental members have equal rights on society's resources? Can society discriminate against families staying on rental basis while conducting lottery system? shouldn't the car be considered as the car of Flat no. xxx from which the society has been getting regular maintenance?

2) Regarding Access Road : Can Apex body of four societies distribute parking space on Access Road amongst four buildings against collection of deposit? or the parking on access has to be on first come first serve basis? Also, even if it has allocated parking space amongst four buildings, can my society allocate parking through lottery system or the parking on these four spaces have to be based on availability?
Next Most important question is : Can my society exclude me from lottery / draw of four car parking space allocated to it on the access road, & thus distribute amongst four members? Can they discriminate against tenant?


I would request you to kindly guide me so that I can protect my rights as a tenant having equal rights to 'use' the common resources of the society. I am ready to pay the parking deposit and monthly charges.

I would be greatful to receive Experts' opinion (with relevant section of any act, if possible). and what further actions can I (& should I) take?

Thanks and Regards


Ketan Mandani
Mumbai
ketanmandani@rediffmail.com

Alpesh Makkampara   09 May 2015 at 16:48

Crpc 125 next date request

Hello All,
I am fighting crpc125. Opposite party has given closing of them. Now case is on evidence stage of mine. I have submitted my evidence to the court. On next date opposite party lawyer will cross examine me. But because of some reason i have to go out of station for few days. So i cannot attend the next date. My question is
1. How to ask next date to court?
2. Can i show my illness for next date?

SANGAMESWARA RAO DHUPAM   09 May 2015 at 16:27

Charged Officer did not turn up to Department enquiry

In a Department enquiry the Charged avoiding his presence by one or pretext. Can the enquiry be completed by giving a final notice to him.

girish   09 May 2015 at 16:09

Resignation

One employee had resigned and gave wrong reasons and company thought he has vaid reasone and releived him. Later we have realised that the employee was bluffing, can we take any action against him.

Krishna   09 May 2015 at 15:53

Tenant has filed a suit

MY TENANT IS NOT PAYING THE RENT FROM LAST 6 MONTHS AND HE IS NOT PAYING CORPORATION TAX FROM LAST 4 YEARS. HE IS NOT INCREASED A RENT FROM LAST 40 YEARS. RECENTLY I HAVE RECEIVED A NOTICE FROM CORPORATION THAT BUILDING REQUIRES THE REPAIRS AND MAINTENANCE. I REPLIED THAT IT IS NOT POSSIBLE TO REPAIR THE PREMISES SINCE THERE IS A TENANT IN THE PREMISES. PREMISES CAN BE REPAIRED ONLY AFTER DEMOLITION OF OLD PREMISES. TODAY MY TENANT HAS FILED A SUIT IN THE COURT FOR INJUNCTION THAT HE CANNOT BE EVICTED FORCEFULLY AND ALSO ASKED THE COURT TO DIRECT LANDLORD TO CARRY OUT THE REPAIRS. MY TENANT IS PAYING RS 140 PER MONTH RENT WHILE MARKET RATE OF RENT IS RS 15000. WHAT GROUNDS SHALL I TAKE IN THE COURT IN SUIT WHICH IS FILED BY THE TENANT. SHALL COURT LISTEN TO THE TENANT WHO DONOT PAY THE RENT AND CORPORATION TAX REGULARLY.

rekha   09 May 2015 at 15:31

Maintenance and welfare of parents and senior citizens act

My father was not employed. My mother was a Govt servant and brought up me and my sister (in Chennai). My father was also living with us. My sister got married and is settled in Delhi. After my marriage, my mom couldnot live with my father and after selling her house, she has settled with me at Mysore. My father is living separately at Chennai and he applied for maintenance under "Maintenance and welfare of parents and senior citizens act". My mom had given him Rs 15.00 lacs after selling her house in 2013. The tribunal has given orders for paying Rs 2000 each by me and my sister per month (total 4000) as he has received 15.00 lacs. We are paying him for more than one year now. However my father has again applied in high court and sent a notice to Tribunal, me and my sister for appearing in High court claiming maintenance of 10,000 per month. Can someone advise how to proceed as he wants to give us repeated tortures.

sankar Krishnamoorthy   09 May 2015 at 14:13

Defamation

DEAR EXPERTS,

I HAVE SENT A MAIL TO A COMPANY AS A SHARE HOLDER INQUIRING ABOUT SOME EAR SAY COMMENTS ABOUT THE COMPANY.
YESTERDAY THEY SENT ME A NOTICE IN THEIR LETTER PAD,WHY NOT THEY FILE A CASE AGAINST ME FOR PROVIDING FALSE INFORMATION AND USING HARSH LANGUAGE AGAINST THEIR CMD. THEY WANTED ME TO RESPOND BEFORE 15TH OF THIS MONTH OTHERWISE THEY WILL FILE A CASE AGAINST ME,WITH A COPY TO THE CHAIRMAN SEBI AND MD ,BSE.
DEAR EXPERTS,I AM NOT HAVING ANY MALAFIDE OR ANY PERSONAL INTENTION AGAINST THE COMPANY OR ITS CMD. JUST I WANTED TO KNOW THE TRUTH.SO IMMEDIATELY I REPLIED TO THEM AS FOLLOWS:

1.REPLY TO THE COMPANY.

DEAR SIR,

RECEIVED YOUR MAIL AND NOTED THE CONTENTS.FIRST OF ALL I TENDER AN UNCONDITIONAL APOLOGY TO YOUR CMD,FOR ANY PAIN OF MIND AND OR LOSS OF REPUTATION AND /OR DEFAMATION OF CHARACTER MAY HAVE
CAUSED TO HIM.

ACTUALLY I CAME ACROSS VARIOUS SHARE BROKERS WHILE DEALING IN SECURITIES TRADING.

IN ONE SUCH A PLACE,I HAPPEN TO HEAR THE CONTENTS MENTIONED IN MY LETTER.

WITHOUT VERIFYING THE FACTS AND OUT OF FRUSTRATION FOR INCURRING HEAVY LOSS IN THIS COUNTER,FOR A LONG TIME I WAS SOME BIT
ANNOYED.

MOREOVER I WISH TO SAY THAT I HAVE NOT MADE MY LETTER PUBLIC IN ANY PRINT , VISUAL MEDIA OR SOCIAL MEDIA TO MALIGN HIS NAME AND REPUTATION.THIS LETTER IS BETWEEN ME AND THE COMPANY ONLY AND NO ONE ELSE KNOW IT.

I APOLOGIZE UNRESERVEDLY TO YOUR CMD FOR ANY HURT OR UPSET CAUSED TO HIM.

A SINCERE APOLOGY CAN GO A LONG WAY TO MENDING SOME OF THE HURT CAUSED.

I HOPE TO BE EXCUSED FOR THE FEELINGS HURT,AND I DO HOPE IN THE BEST INTEREST OF THE SHAREHOLDER COMMUNITY ,YOU WILL UNDERSTAND MY GENUINE APOLOGY.

HOPE TO HAVE A LONG TIME RELATIONSHIP.

THANKING YOU.

SINCERELY YOURS,

2.WITH A COPY TO THE CHAIMAN,SEBI AS FOLLOWS:

TO,

SHRI.U.K.SINHA,
CHAIRMAN,
SEBI,
MUMBAI.
.

DEAR SIR,

AN E MAIL HAS BEEN SENT TO THE SECRETARY (OF THE SO CALLED COMPANY,WHICH I DON'T WANT TO MENTION HERE AT THIS LCI BOARD)WHICH IS FORWARDED HEREWITH,WHICH IS SELF EXPLANATORY.

KINDLY NOTE THE CONTENTS,AND DO ME THE NEEDFUL.

AS A SMALL INVESTOR,I HOPE SEBI WILL COME TO MY RESCUE AND PUT AN HAPPY ENDING TO THIS DISPUTE.

THANKING YOU SIR.

REGARDS,

AND WITH A COPY TO BSE AS FOLLOWS:

TO,

SHRI.N.R.BAGADE,
BSE.
MUMBAI.

DEAR SIR,

AN E MAIL HAS BEEN SENT TO THE SECRETARY (OF THE SO CALLED COMPANY,WHICH I DON'T WANT TO MENTION HERE AT THIS LCI BOARD)WHICH IS FORWARDED HEREWITH.

KINDLY NOTE THE CONTENTS,AND DO ME THE NEEDFUL.

AS A SMALL INVESTOR,I HOPE BSE WILL COME TO MY RESCUE AND PUT AN HAPPY ENDING TO THIS DISPUTE.

THANKING YOU SIR.

REGARDS,

DEAR EXPERTS,IS THIS O.K?

WILL THE COMPANY ACKNOWLEDGE MY UNCONDITIONAL APOLOGY?

WHAT WILL HAPPEN TO ME AFTER MAY 15 TH?

PLEASE REPLY.

THANKING ALL OF YOU SIRS.
REGARDS.