Anonymous
21 May 2021 at 19:50
Late father had sold his self acquired immoveable property in his lifetime.
Apparently he entered into a sales agreement initially with the buyer on a total sales consideration of Rs 50 lakhs which was made using Rs 10 lakhs as alleged black money and Rs 40 lakhs as white money.
the late father then subsequently registered the said immovable property in the name of the buyer for a sales consideration of Rs 40 ( white money )
So there exists an unofficial sales agreement for Rs 10 lakhs plus Rs 40 lakhs ie total Rs 50 lakhs but the registered sales deed at the registry office is for Rs 40 lakhs only.
The 40 lakhs was then deposited into a Bank Fixed deposit.
After fathers death, one of the class 1 legal heirs who is envious of the other heirs has filed a suit for partition and has included the Rs 10 lakhs alleged black money too in the suit for partition? apparently he has a copy of the unregistered sales agreement that shows the alleged black money element of Rs 10 lakhs
Now since the father is no more, he obviously cannot go to court to explain the above. even the buyer denies its existence. that the father disposed his property in his lifetime, how he disposed it only he can answer.
however can one file a suit for partition of alleged black money?
My understanding was this was a prohibited transaction and that no suit lies for the recovery of any benami property ie in this case no one can throng the courts with claims of partitioning black money in a civil court.
Should an IA be submitted under Order 7 Rule 11 ( d ) asking for dismissal of suit/plaint as barred in law ie benami transaction?
Many Thanks
Anonymous
21 May 2021 at 18:44
Dear Sir/ Madam,
This is with reference to the redevelopment of the society, where I live.
In this process, we have reached the stage of flat allotments to the members of the society which is being done by the developer.
Emailed to the builder ( keeping the MC and the PMC in the loop ) regarding my 3 demands,
1 Flat should be road facing. ( Currently it is road facing ) - Agreed
2 Additional area agreed upon by developer to all the members, except 4% additional to ground floor members.- Agreed
3 Flat allocated to me on the 2nd floor 1.5 bhk. ( Currently on 3rd floor 1.bhk ) - Disagreed by me.
MC has called for a SGBM in a few days from now.
Agenda :
1. To approve the final plan of the builder, and to sign development agreement.
Could you please advise the options before me at this stage.
Thanks
regards
Mallesh
21 May 2021 at 11:20
Can some one pl refer a good/famous advocate to deal with a criminal case at tirupati
shyam lal
21 May 2021 at 10:18
In a unregistered MOU of family settlement in respect to immovable property ,one of the clause/terms are none of the signatories can challenge or go to court.in respect to terms & conditions mentioned in the MOU. as it is binding on all signatories
Kindly advice is this condition binding on all signatories ? or it can be challenged in the Court of Law.
Anonymous
20 May 2021 at 17:17
My second wife ( since my 1st wife deceased) is illiterate. her father expired 10 yrs back leaving behind some small peices of land.Now my wife's Younger brother and elder sister who are also illiterates, are forcing my wife to sign some land documents in the sub-registrar office.
Till now no family partition has taken place.
she is afraid of going to court and police. every day they quarrel over phone for hours.I'm very much disturbed.and im afraid this effects my personal family life also.
Even after some elders advice, they are not ready to go for partition.
As Ive seen some documents which they have done,seem to be not valid as per law.
What step can i take legally to settle this issue.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Read more at: https://www.lawyersclubindia.com/experts/ask_query.aspers advice.since they dont respect our legal systemThis family are not ready to gofor partition, even after some eld.
Anonymous
20 May 2021 at 16:07
we are having FORTY members society consisting of TWENTY EIGHT residential and TWELVE commercial shops and office barrers in our society .I am holding flat since TWO THOUSAND FOURTEEN & society taking very lightly for bye laws rules and compliance part of our society
society have not conducted Agm sINCE TWO THOUSAND FIFTEEN and suddenly on EIGHTEEN APRIL OF LAST MONTH office barrers have conducted AGM for THREE YEARS and passed some resolution.
in our society chairman ,secretary and tresurer hv outstanding maintenance as on THIRTY FIRST MARCH TWENTY ONE and chairman have got outstanding more than six months i hv approached the Registrar for appointment of administer but registrar is questioning me of violation section of society and always consoling me that we wll send notice for clarification
now my question is
1) whether resolutions passed in 18042021 AGM is valid in eyes of law in various matter
2) whetther office barrers are disqullified if so pl.give me proper section
3) how to tackle the registrar
Anil Kumar
20 May 2021 at 09:37
I am working in a medical college and i have applied resignation recently. I offered to pay 3 months salary as per MOU and also serve 3 months notice period. But the management is threatening that the relieving letter and my original certificates will not be given till proposed NMC inspection is over (Even they dont know when it will happen).
What can i do.. Anyone plz suggest.......
Shashikant kumar Sah
20 May 2021 at 06:52
Cause of delay in decree after ex party in a miscellaneous case
Anonymous
20 May 2021 at 01:00
Dear Sir/Ma'am
I had entered into an unregistered sale agreement as a buyer by giving 7 lakh rs as an advance, I have to pay the rest by 45 days. However, due to covid, I have lost my job and I cannot find a loan to pay the remainder. I want to cancel the agreement and ask for refund of the advance.
The agreement has no clauses of cancellation. Please assist if I can cancel the agreement and receive a refund.
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