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Queries Participated

Anonymous   18 September 2023 at 11:19

Nomination and power of attorney

I and my wife have joint savings account and demat account for shares with a bank. We have given the name of our son as nominee. As we are very old and may not be able to operate bank accounts etc. we have executed a general power of attorney in favour of our son. Now an officer in the bank says that a nominee cannot be a holder of POA also at the same time. We have given the name of our son as nominee because in the event of our death transfer of our accounts to his name will be smooth and fast. He is our legal heir also. One can give power of attorney only to a person in whom one has full confidence. There is no one else to whom we can give POA. What the bank officer says appears to me illogical causes difficulties for us. I want to know whether there is a law of the land that confirms what the bank officer says.

Anonymous   31 July 2023 at 15:32

Power of attorney to operate bank accounts

I am 90 years old. I have bank accounts and demat accounts. In due course when I become weaker I may not be physically able to operate my accounts. Hence I have executed a general power of attorney in favour of my son. Recently I asked my son to go to the bank and ask them how to use the power of attorney to operate my accounts. The bank staff know nothing. They suggest such non-sense as to include my son in my account as a joint account holder to operate the account on either or survivor basis.
I request the advice of knowledgeable experts. Please do not guess.

Dr. MPS RAMANI Ph.D.[Tech.]   15 October 2022 at 17:27

Co-operative society flats

In our co-operative housing society in Mumbai one flat owner was residing in Coimbatore, Tamilnadu. He died in Coimbatore a few months back. His 5 daughters, one son and widow are alive. He had made a will in favor of his son and registered it in Mumbai. His son was admitted as a Provisional member and asked to obtain a probate on the will. He now informs the society that he has applied for probate of the will in Coimbatore and will produce it in due course. Under the law probate is required only for a property situated in Mumbai and some other metropolitan cities and there is stamp duty in Mumbai to obtain a probate. Can the Society accept a probate obtained in Coimbatore for a property in Mumbai?

Anonymous   27 November 2021 at 12:29

Co-operative society flats

Flats in co-operative housing societies in Maharashtra were not immovable property for the purpose of stamp duty and registration before 1980 or so. Transfers were effected by the simple expedient of endorsement of the name of new owner in the share certificate. Can anyone let me know whether during those days transfer to heir of the flat on the death of the testator was subject to probate (in Mumbai) and stamp duty? This is a question of facts and history and not of legal opinion.

Dr. MPS RAMANI Ph.D.[Tech.]   07 December 2019 at 16:11

Damage in ocean transit


My clients are manufacturers of chemical process equipment. Some time back they received a large order for the export of equipment to Spain. The order was given by an Indian company with Head Quarters in Mumbai. They were suppliers to the Spanish company. Under the terms of the order my clients had to manufacture, pack the equipment in marine worthy packing and deliver them at Mumbai port. Several pieces of equipment were manufactured packed and delivered at the port. After the consignments reached the customer’s premises in Spain, they were opened. One of the equipment was found damaged. The damage would have happened in transit. The Spanish customer is asking the Indian suppliers to replace the equipment free of cost. The Indian suppliers are in turn asking my clients to replace them. My clients are asking my advice. (I am an engineer and not a legal adviser). My observation is as follows. The responsibility of my clients ceases once the consignment is delivered at Mumbai port. The Indian suppliers would have / should have taken transit insurance for the consignment. Hence they should prefer claim with the insurance company. The insurance company may or may not accept the claim. They cannot accept payment from the insurance company and ask my clients to manufacture them again free of cost. There is a possibility that the equipment can be repaired and restored. If so the Indian supplier should pay my clients for the work. If the Indian supplier had not taken insurance it is their fault. In any case the responsibility of my clients is only up to Mumbai port. What are the laws that cover such cases?

Dr. MPS RAMANI Ph.D.[Tech.]   16 September 2019 at 12:10

Non-encumbrance certificate for co-operative society flat.

My friend Mr. Rajagopal owns a flat in a co-operative housing society in Mumbai. His father purchased the flat in 1959. He died in 1965. The flat was allotted to Mr. Rajagopal in 1965 as the nominee of his father. There was no registration or stamp duty during those days for the purchase-sale or transfer of co-operative society shares and flats. Everything was done within the society only and whatever records are in Society's office only. Now my friend wants to sell the flat. From where and how shall he obtain non-encumbrance certificate? For obvious reasons there is no record of transfer of the flat in the sub-registrar's office.

Dr. MPS RAMANI Ph.D.[Tech.]   06 February 2018 at 12:51

Disconnecting water supply

In an apartments complex in Chennai the Secretary of the association looking after the maintenance disconnected water supply of one of the members. The reason was that he had allegedly left the tap open and wasted water. The member denied the allegation and asked the Secretary to restore water supply. The Secretary asked him to pay a penalty of Rs.1500/-. There is no byelaw or law for that. The member went to the police and complained. After making inquiries the sub-inspector at the police station ordered the Secretary to restore the water supply. The Secretary is still refusing to comply with the order of the sub-inspector. Can a person refuse to disobey the legitimate order of a sub-inspector? If he does so what further can the member do or ask the police to do?

Dr. MPS RAMANI Ph.D.[Tech.]   17 September 2017 at 12:39

Corruption in a private establishment

If there is a demand for bribery in a Government Office, one can approach vigilance, anti-corruption bureau etc. But if there is corruption in a private school, whom can one approach? Salary for a temporary teacher in a private school in Tamilnadu comes through Government grant. The Principal of the school (a lady) is demanding a cut to pass the salary cheque of the teacher. The teacher wants to catch her by laying a trap or by other means even risking her own employment. Whom can she approach?

Dr. MPS RAMANI Ph.D.[Tech.]   26 January 2016 at 15:01

Nia - sec 138

My friend is an accused in a Section 138, NI Act allegation. The first hearing was in August, 2015 at which he was given bail. After that there has been no hearing at all. So far 5 times dates have been fixed. But when he goes to the court there will be no hearing as no magistrate has been appointed to hear the case. It is not known how long this will go on. My friend is sure that the case is false and he can easily come out of it. But how to expedite things. Is there a higher authority in the court itself to whom my friend can complain? Or can he complain to the High Court?

Dr. MPS RAMANI Ph.D.[Tech.]   04 July 2015 at 12:34

Sections: 499 and 500 of ipc

In our co-operating housing society there a person who is not any kind of member. His father is a member. But the son forcibly attends General Body meetings and disrupts the meetings. Once the managing committee even had to hold GB meeting under paid police protection. He creates problems in other manners also. He is a habitual litigant and goes to court at the drop of a hat. Our managing committee wrote to his father requesting the father to restrain him. The letter only contained things he actually did. The letter was placed on the notice board. Now the person has filed a defamation case under IPC: 499 and 500 and the Managing Committee members had to get bail paying Rs.5000/-each. Actually the charges are frivolous and trivial. But it is sufficient to harass the "accused" for years. Is there a quick remedy for this?