venkat reddy
25 March 2014 at 14:02
whether after passing of final decree in partition suit application for passing final decree proceedings by the purchaser of undivided share is maintainable?
Nisha Mishra
25 March 2014 at 13:10
Dear Sir,
We have land of 5 acre which we are planning to convert into agriculture land through Poly house & Open Cultivation under a company books of accounts. The Land is in the Individual name of Managing Director. So My query is should we show it on lease from MD Sir or Simply keep on his name. What is benefecial from Taxation point of view.
Kindly advice.
Puthran
25 March 2014 at 13:05
Hello,
I have owned twin flats (flat nos. 202 & 203) with single entrance in a Registered Society in Mira Road, Thane Dist. Maharashtra.
I have sold both the flats to single person. He has registered 202 in his younger brother and sister in law’s name. 203 is registered jointly in his name and his wife as well.
The procedure for 203 is completed. I have received the full payment for the same.
The stamp duty is paid and registration for the 202 is done. To avail the loan from the bank, the bank is asking for NOC from the Society.
I have printed the NOC as per bank’s format and given to the Secretary to signature. He in return discussed with Chairman and Treasurer and decided not to give the NOC. While asking the reason for the same, they are asking me to make the transfer charges for both the flats @ 30,700 per flat.
I asked them to give me the same in writing which they are not ready. Finally, they asked for the time to consult with somebody which I agree.
Since there was no response from them, I sent a SMS to both Secretary & Treasurer next day seeking the status of my NOC. The treasurer replied me to pay the Soc Transfer Charges after which I will get the NOC.
I forwarded the same msg to the Secretary asking him whether this is decision of Mg. Committee or the treasurer himself. I also asked as to which Professional they have consulted with. Even after almost 2 hours no reply from the Secretary yet.
Please do let me know whether I am bound pay the Soc Transfer charges for both the flats to get the NOC as asked by trio of Chairman, Secretary & Treasurer and SMS reply by the treasurer.
Till Dec. 2013 I was the Secretary of the Society and never forced anyone to pay the Soc Transfer charges for getting NOC from the Society. This is total new Management w.e.f 1-Jan-2014.
Pl advise.
sakshi
25 March 2014 at 12:51
Dear Sirs,
Tenant is currently living in a house for more than 50+ years and rent was paid in beginning somewhere in 1947 for 3-4 years (Rent receipt in place). Afterwards there was change in ownership (Not sure who claims to be landlord whether actually is or not) which was not communicated to tenant and continuing living without any interruption by landlord. As per Limitation law a landlord cannot file suit to recover the possession after 12 years from the date tenancy is determined. I want to know what re course is available to tenant? Whether continuing living so long will give any claim in title of this property? How can proceed further? bcz present landlord is not agree to give enough money to change the house? Experts are requested to kindly guide. Thank you in advance.
sree 9491505984
25 March 2014 at 12:23
Dear Experts,
What is the time limit to file a suit after giving notice to the party ? If the time limit expires what is the remedy ? means can we give second notice ? Is there any limit for number of notices ? Please answer me.
KR
25 March 2014 at 12:18
Whats are the procedure and documents required to prove a person insolvent?
rishabh
25 March 2014 at 12:11
I filed a complaint regarding forgery of some documents.
The original documents are under the possession of accused.But these were used as genuine evidence before High Court of Delhi.
I listed the concerned clerk of the High court in the list of witness to attend and produce the relevant record/petition containing those forged documents.
Interestingly, the petition under possession of High Court is also dubious and it was never scanned & preserved in the digital form as per existing rules.
Now,the magistrate has ordered me to file certifed copies of the same documents alleged to be forged, showing lack of powers to call upon the documents under possession of the High Court.
The magistrate is helping the concerned persons to escape from their duty of bringing the forged documents in person, as they will have to depose in the court,while submitting the concerned record.
Is there any restriction or lack of powers in the code, that a M.M.can not call upon the concerned clerk of High Court, if he possesses a vital evidence of the case ?
Can accused be compelled to bring the forged document under his possession at the stage of pre summoning evidence ?
Can magistrate use his powers under section 91 CRPC to call upon the accused compelling him to bring the forged documents?
Kindly clarify the concerned law.
Anil Sai Kumar
25 March 2014 at 11:52
I have filed for divorce in 2008. The lower court granted Restitution of conjugal rights in favor of my wife on 5th July 2010. I filed an appeal in High Court against that order in November 2010 asking for stay on that order. The stay is not granted.
So my question is can I file for divorce under section 13-1A (ii) on the ground that 1 year is lapsed after passing the restitution of conjugal rights, as the stay is not granted in high court for setting aside the lower court's order for restitution.
They have tried forcefully to drop her at my home in october 2010. We did not allowed that and went to police station on that. My lawyer said that in case she wants to come she can do so by getting an EP from high court, which she did not do till now.
After that there were some mediation done for compromise( settlement by paying amount ) which failed. Later she filed for Maintenence in jan 2013. I have a daughter aged 7 years now. she is asking for Maintenece for both. Recently, I came to know that she is working as a teacher in the school where my daughter is studying.
Please suggest whether I can proceed with filing the new case for divorce ? will there be any difference in case of maintanence and permanent alimony as she is working in a school as teacher . The school is a private school?
shanthi
25 March 2014 at 11:33
Hi Experts,
I really need an advise to take wise decision on child custody. I have 4 years old girl baby. I am having custody and he got visitation on all sundays. He is a marine engineer.and 6 months on ship and shore. He is creating unnecessary problems when even he is in india. during visitaiton bring cameras and taking videos and giving all wrong thoughts to the child. i can see behaviour change in my child which makes me very sad. I want my daughter should not affect because of us. and he is well to do all things, and i cant fight with him for my rights now, as i have already fight with him for 4 years. i could achieve anything. in this situation he is keep on troubling with me putting all cases like child custody, defamation, Stay on dv case etc.. I want to be in case. Now i decided to give divorce to him with out any settlement. i want my child should grow in a peacuful situtation.
Question:
Can I approach my husband to put her in Gud residential school. wil it be the good solution for my problem, so the child dont know our problems and wil not suffer.
But i dont want to give my custody to him. I will have custody and lets the child be in residential school, wil go and see her whenever we want. Or is there is any other way to protect my child from this. Please suggest and advise me if I am wrong.
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Purchase flat but penlity clause absent
Dear sir,
I here to seek expert advice on following
1) i purchase flat with agreent on 100 stamp paper on 15-11-2013
2) with condition any how seller has to sell property to me only
3) so on mutual understanding we not included property penelity clause if payment on done within 90 days
4) agreent period expire on 15-02-2014
but i fail to make payment
5) now what are my rights i given him Rs.1 lakh as token amount he saying your amount is forfeited.
6) but forfeit clause or penality clause not present in agreement how can he say and sell property to another person which he doing now
pls guide me urgently