Darius Engineer
26 October 2019 at 22:01
My aunt had purchased a flat in 1990 at Vasai.
She had not registered the purchase/sale agreement as she wasn't very savy about such matters and usd to suffer from bouts of depression.
She had given a Power of Attorney to one person (not related to her) in 2007 to sell the flat but this POA also was not registered only notarised.
This POA holder created a forged sale agreement in his favour in 2009.
He died one month later
One year later his wife got that forged agreement registered and paid stamp duty claiming the my aunt was not traceable
She staked a claim on the flat on the basis of this agreement from the Society but the Secretary sensing something fishy called upon my aunt who as staying with her sister at Metro.
Meanwhile this wife off the forgerer made a complaint to the Dy. Registrar to enforce transfer but we intervened and the complaint was dismissed where the Dy. Registrar ruled that he doesn't have authority to direct the Society in view of our intervention and she not having any heirship document.
Subsequently this woman quietly gets a heirship certificate without making my aunt party to the application.
My aunt filed RCS in 2015 to have the forged agreement cancelled. The RCS was filed by me as her CA under a registered POA
During umpteen adjournments my aunt finally died in 2018.
Now th matter has come for final hearing where the advocate of the woman claims that the flat did not belong to my aunt as she had not registered the same.
I understand that registration was made mandatory in 1994 vide a Circular dated 18-02-1994 by the Dept. of Cooperation.
Can anyone help me get a copy of this circular.
PS: My aunt was staying with her handicapped sister far from this flat and hence was not frequenting the same due to her age and distance. She was 82 when she passed away in Feb 2018.
Darius Engineer
RAHUL AGGARWAL
26 October 2019 at 21:10
Dear Experts.
My question is that when one gets reinstated back in to the services of bank he can not be relieved unless he submits fresh resignation on or after reinstatement . Previous offer to resign or resignation etc are of no value and can not be acted upon at all as on reinstatement all such letters becomes null and void.
please advise and provide some case laws if possible .
thanks
Rahul
RAHUL AGGARWAL
26 October 2019 at 21:00
Dear Experts,
My query is that when an officer on review gets the orders of Disc. authority and Appl authority Set aside and was reinstated back in to the services of bank. Whether bank action of reliving him immediately on the date of his joining duties on reinstatement is legal or not. Bank relieved him on resignation which was rejected in writing
As per normal laws on reinstatement officers steps back in the position at which he was before compulsory retirement orders that were set aside afterwards.On reinstatement resignations if any submitted before reinstatement becomes null and void and can not be acted upon at all.
According to me officer has the right to claim all consequential benefits with wages from the date of reinstatement till superannuation .
Please advise.
thanks.
R aggarwal
JAGJIT SINGH AHUJA
26 October 2019 at 20:21
Please advise on the following -
All the Four Directors of a private Limited Company at Bangalore signed in December 18 , a Memorandum of Agreement for Investment , in their Company . The installment of amounts were transferred to their Bank Accounts till March 19 , as stipulated in the MOA. The Directors closed down abruptly , the operations on 27 March 19 without taking us into confidence . We had invested Rs 48.38 lakh by this date .
The Company did not act on any of the clauses of the MOA in these three months of operations .
Is it not a case of breach of agreement and cheating amounting to fraud .Please advise how we can get back our amount invested in the Company ?
Police Complaint
Through the Court
Action by ROC to cancel their registration
Intervention by SBI , who had given a loan of Rs 93 lakh
Brig J S Ahuja
9676506639
Anonymous
26 October 2019 at 16:26
R owns self- acquired vacant land of 2400 sft purchased 30 years back. Recently he executed a settlement deed in favour of his wife S and elder brother N for equal share without any consideration.
N owns an old house in another place and his wife & 2 sons are the legal heirs.
Now N due to his age and health he wants to his execute a settlement deed in favour of his younger son P for his share of the land property without any consideration.
Subsequently, if the land is sold jointly by S and P, and P invests his share of sale proceeds for a joint construction of a new apartment after demolishing the old house of his father (in which he is a joint legal heir) –
- What is the CGT implication for N in the current year?
- Will it be treated as Short Term or Long Term gain for P?
Anonymous
26 October 2019 at 14:36
Can ExJMFC practice in similar or lower grades in maharashtra? Whether rules stayed by what judgment ? Is this judgment and stay is continuous at this moment?
Fawaz Mujahed
26 October 2019 at 13:05
How do we apply clause 12.3 of the fidic 1999 with example
Anonymous
26 October 2019 at 11:29
Wishing All the Learned Advocates and Querists and Family Members A Blissful Pleasant Prosperous And Joyful Diwalil
munshilal
25 October 2019 at 20:21
I had asked for a certified copy of information, under the RTI ACT 2005 regarding third party. But the reply excepted by the concerned PIO is from an another person, who has objected to my giving Information by the PIO. is this act of the PIO legal in RTI law. Query is can any Tom, Dick, Harry reply on any one's behalf. note. this is serious question, no further facts to state. kindly help.
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