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Queries Participated

Mrs.n   26 June 2014 at 18:22

Urgent -special power of attorney

Respected experts ,

Please suggest can the company give Special power of attorney to other COMPANY ?

is it necessary to represent the company by some individual name ?


is it possible to avoid name of any individual -its it ok if A Company give POA to B (just name of company ) -is it possible ?



Section -1A of POA ACT says -specified person -does it mean human being or legal person (company)



pls.pls.suggest

Mrs.n   28 March 2014 at 11:23

Inheritance of paghadi system residence

Hi,


There is a 120 apprx sq.ft residence area of (paghadi) in Charni road.

“A” person aged 90 years old is staying in this house since last 50 years .His wife has expired 4 years back. He has 3 daughters and all of them are married.


Now, the person “A” is very old and not keeping well. The room in which he is living of paghadi .


There is no quarrels between 3 daughters.



Query


1) After “A” ---can his daughters inherit this property without any legal mess as this is paghadi system and landlord can create problem.


2) what happens to such property when its empty


3) can his elder daughter remove her name from existing rationing card (in laws place) and add name in his fathers rationing card so that claim in the room is protected.


4) The main reason for asking query is to get suggestion from you all experts how to protect the right in this property so that landlord do not create any problem in inheritance.

Mrs.n   21 February 2014 at 10:56

Appeal against order of chief judicial magistrate at thane

Dear All,

Please suggest in which court the order by court of chief judicial magistrate at thane can be appealed??

The order is under factories act ,1948 .

pl.suggest the hierarchy of the court for this .


regds

Mrs.n   17 February 2014 at 16:51

Disputed residential flat purchased by another person

Brief Fact (Residential flat matter -)


There is a residential flat of apprx 245 sq ft in malad SRA area of Mumbai.This flat is in the joint name of Son (X) and mother (A) who are staying at other place nearby.Since son has got divorce from his wife (Y) ,their minor son (Z) and his wife are staying in this flat as per court order pursuant to their divorce. The terms of the court where his wife and minor son both can stay in the same flat till minor son becomes major and if wife buys a new big flat than that flat should be in name of 50 % of their minor son to protect the interest of minor son.so actually the wife is mere trustee and the rights are belonging to minor son and this will right become absolute when son becomes major.


Now, son is happily remarried to another girl and have one daughter and and HIS EX- wife from whom he got divorce , wants to remarry so she wanted to sell the flat .The neighbour of this flat Was interested in this flat as his additional investment and since he was knowing that this matter is in bit complication under court order and all that , he fixed a meeting and taken all of the family members ORAL approval together that no body has any objection in this flat and neighbour will get peaceful title and possession of flat.The big mistake done by neighbour here is he took oral approval and no paper work done for this approval.

****main twist starts here ****


The neighbour purchased the flat , all the papers are signed , the wife and her minor son also moved in their new flat etc.


Now the son have sent notice to neighbour saying that the wife was mere trustee and had no authority to sell the flat .


The neighbour is in real soup as out of trust and mutual relations he did not took NOC etc in writing .


The most important thing he has done now that since he was staying exactly adjoint to this flat and this property was additionally bought , he shifted to reside in this disputed property so that he has at least possession.


Please suggest remedies for neighbor.

1) what immediate steps he should take for taking approval of all the members and make this property trouble free

2) What section/ etc he can invoke to reply the notice


3) How he can get out from this mess and resell the property.

Mrs.n   25 December 2013 at 17:26

Can pending interest be shown as loan on renewal ?

Dear Sirs,

Facts of the matter



One NBFC Listed company have given Loan/Inter corporate deposite to one private company for 60 days @24.% interest p.a.



The loan agreement was also executed and also the deed of personal guarantee.



then the borrowing company have asked for various extension to repay the same which lender company agreed .




But now the borrowing company have not paid interest for 5 months ?



QUERY

(1) can the lending company renew the loan agreement before expiry AND in the same agreement , can pending interest amount of 5 months be shown as LOAN by combining with principle amount ?? OR


2) can separate agreement be made for pending interest amount by showing it as LOAN ? OR



3) incase both the above option not suitable , pl.suggest most appropriate options.

Mrs.n   23 September 2013 at 16:15

Demadn nottice -138 of negotiable inst.act

Hello,

my query is

1) within how many days from the bank letter regarding dishonour of cheque , one should issue demand notice ?


2) and it is necessary that in such prescribed period demand notice should also be received or only just within prescribed period it is to be sent .receipt is immaterial ?


3) after receipt payee have to pay the amount within 15 days ? pls conform 15 days .


4) after failure to pay within 15 days . within how much period suit can be instituted ??



pls suggest

Mrs.n   19 June 2013 at 18:15

Long cause suit

Dear All,



we filed summary suit for defe.1 to 5 and we got order against deg.1 and def.2 to 5 matter is now will be decided on basis of evidence that means it have beome long cause suit.



query :-

1) please suggest when the summary suit becomes long cause suit ?

Mrs.n   25 February 2013 at 15:57

Notary

Dear All,

we filed a case against one australian party in october-2012 at mumbai high court as cause of action was in mumbai.

now the letters patent is also filed in february 2013.

but the now the query have raised on suit and on letters patent petition that notary person must also write the statement that board resolution is seen by notary.

now the suit is dated october -2012 our notary is refusing to write the same.

pls suggest the alternatives.

Mrs.n   22 February 2013 at 17:10

Summary suit

Dear All ,

in one of the summary suit(high court-mumbai) order wchich was in our favour was appeled by defendants.

and now the appeal is heard and it is also decided in our favour.

my query is

1) can appallent challange this order ?if yes where ?
2) what is the procedure to stop them to challage this order
3) what should be our course of action now to ensure that defendant follows the order

Mrs.n   06 February 2013 at 10:51

Summary suit

In one of summary suit the order have come in our favour against def.no.1 and that defendant have made appeal.(HIGH COURT-MUMBAI)

since last one year that appeal is not able to admit.it is geting listed but still it does not reach and heard by board.

there is so much delay .pls suggest what is the option to speed up the process