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sandykrish   20 May 2014 at 00:39

society site

Hi learned members,

We have purchased a society site from one of the central government house building society. The site was first alloted to the member and from the member we had taken the site without
verifting document.

In the original sale deed done during 1993, the root is reflecting as one of the property is aquired by the way of GPA apparently our site number is not relecting in the GPA document but the land document has been registered to the first member and all the taxes have been paid by the first owner and us. We have bought this land during 1999 and constructed the building and in posession of the land and building and paying taxes regularly Since 2002

The Khata copy and munciple document is in our name since 1999. Does the original owner who sold the land to society by the way of GPA has a right to claim the land that this site and building belongs to them? Will we have any legal holding in this regard?

All the EC is reflecting as the Original owner selling to society mrmbers and inturn society members registering to the first mrmbers and member in turn registering this in our name.

Does the GPA has any role to play since the GPA doesn't have our site number?

Are we the absolute owners of the site?

krupa Naik   20 May 2014 at 00:16

Rules of co-operative societies in india (residential)

Dear Sir/Madam
Im a student of Law and i want to know what are the rules and regulations of a co- operative housing societies as i stay in a co operative housing society and here though there are members being appointed ie. the secretary and all others, there seems breach of duty on behalf of the members towards the society hence the society is not maintained properly but the sinking funds and other maintenance funds are charged very high and even the security guards hired by the society are very negligent on part of their duty ..and besides raising this issue all the time in the society meetings it seems like there has been no difference neither in the society and nor the members ...so my request is that i need such a legal solution(or any other related, coz i being a law student and have no idea how to go through a proper legal way) on this matter that can make this society set onto a proper track ( im from Goa ) thanku

Desiraju Venkata Sai Nath   19 May 2014 at 23:30

Gift settlement

Is a deed cancelling the earlier gift / settlement made in favour of a society be valid if executed by the members of the society

ASHOK KUMAR PURI   19 May 2014 at 23:28

cheque bounce

My bank bounced my cheque in spots of sufficient funds in the account.Under what section of IPC can the bank be prosecuted

Deepak   19 May 2014 at 23:27

Agreement of sale.

Hi,
This is indeed one of a complex(puzzling) case.
---------------------------------------------
In the process to buy a site(plot), I have prepared an Agreement of sale and approached a Nationalized bank for composite loan.

One of the clause in the Agreement is as following.

The parties agree that the contribution made by the purchasers are in following manner.
A = 25%, B = 25%, C = 15%, D = 25%, E = 10%, the entitlement of the property shown shall be as per contributions made.

Note: A,B,C,D,E are Girl , Brother of A, Husband of A, Father of A ,Father-in-law of A respectively.
-------------------------------------------

The problem is,
1. bank has raised in objection in the last minute on above clause stating each purchaser should enjoy equal percentage rather then above mentioned %age.

2. I have already paid a 0.1% of registration amount as stamp duty, so I do not want to prepare a new Agreement of sale.
3. I do not want to remove the % clause as each have genuinely contributed for purchase.

4. My intention is to maintain a 50:50 ratio between parties (A,C,E)as one unit and (B,D) as another unit.

I play a the role of 'C' in the above matter.

Please guide what should be the clause of supplementary Agreement of Sale.

Anticipatory Thanks,
Deepak Sah

Desiraju Venkata Sai Nath   19 May 2014 at 23:24

Partition

can a registered partition made on behalf of a minor be cancelled without court intervention

SEKHARAN   19 May 2014 at 21:32

Regarding my grandfather house property .

sir
my grandfather has 5 sons and 3 daughters
and my father is 1st son . 28yrs back in 1984 after my grandfather death the property was forcely registered in the name of the other 2 sons ( my fathers brothers)in the interest of my grandmothers will and may be in the presence of local MAGISTRATE exactly we dont know because i was very young. They have taken all the mandatory signatures of all the legal heirs. The other 6 legalheirs are welloff and they are not interested for property share. As the 2 sons(my fathers young brothers) have committed to my father & mother that in future they will give the share in land but failed. Now my father died 2 yrs back . now when iam asking for property share they are ignoring and recently they have made agreement with the builder and started constructing apartment.
please suggest legal remedy.my age is 40yrs now, and my mother is alive 67yrs old.

Satya nand aggarwal   19 May 2014 at 21:14

Conjugal rights

Married women file a suit under section 9 of hindu marriage act for restitution of conjugal rights, but husband do not want to take her back, suit ultimately decreed. My query is
1. Husband can apply for divorce after one year of a decree on the ground of said decree passed against him and wife still can refuse to give a divorce. This decree against him can be benefited to him or not.
2. If wife do not want divorce at any stage wether she should file Suit for conjugal rights or not.

Magee   19 May 2014 at 21:13

Interim maintenance

Hello Adviser,

Finally my DV case first hearing completed today. My husband not come in Court, but he sent his lawyer, his lawyer file a VAKALATNAMA.

The Judge give Next month hearing date.But i have question in my mind ?

1. Why my husband not come in Court.? court already sent him notice.

My lawyer said in next hearing we are file Interim maintenance application . but now i don't have his salary slip , but i am given court his office address . Can court ask him his salary details or we need to be provide in court ?

Pleas advice.

Thanks,

Kevin S   19 May 2014 at 21:09

Division of property among 4 brothers.

Dear Sir/Madam,

I need your expert guidance and advice on the below issue: Thank you in advance.

Our youngest brother is only 16 years old and I am the eldest. My youngest brother has been started asking for his share of land from a year. The land is in my father's name. Finally the day before yesterday we decided to partition the land equally and we have invited all the community member tomorrow to resolve the issue but my youngest brother has changed his mind and not willing to attend the meeting nor willing to partition the land.

The main issue is that he is only 16. I stay 60km away and work. He has already broken fathers two rib bones. When I am not there at home he always tries to beat father so my father has to run away and stay at relative's house. My father cannot do anything because he has medical condition and old. I have been sending money to my father which is being used to take car of family expenses. I have also treated my father for broken ribs bones.

I am from very remote area so I need expert advice on this issue. If the land partition can be done legally I am ready (I have agreed) to keep my father and sister with me and look after them for all daily needs, medically and other educational needs.

Thanks you.