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CA Shruti Shah (EX-FIN)     22 February 2012

Query

I have one query, if house owner has made agreement with the company of the tenant, as company is paying rent, and the authorised signatory resigns before the term of agreement gets over from the company so is it required to make that agreement with some other authorised signatory of the company or till the year end that agreement is valid with sign of the previous authorised signatory.??? if any one knows about what to do. please get back to me. my id is cashrutishah17@gamail.com


Learning

 5 Replies

akash kapoor (*************)     22 February 2012

See the agreement is valid. as the directors were the agent of the company the company has an valid contact with the house property owner after the directos has resigned.

Sanjeev (Lawyer)     22 February 2012

The agreement is valid as the signatory signed on behalf of the company and the agreement is binding on the company and valid.

CA Shruti Shah (EX-FIN)     22 February 2012

thanks Sanjeev and Akash

chandu (a/c)     22 February 2012

mother and son joint holder of flat , mother died without making will and nomination ,

what is the procedure to trf of flat to his son , if other legal heir avaliable 

mother is first holder of flat and son is second holder of flat , 

Is it  advertising in two local news paper compulsary , or after taking NOC from the other legal heir society can trf the flat to her son name. and at last what types of forms required for society.

Kumar Doab (FIN)     22 February 2012

@ Chandu,

In the case of a female dying intestate section 15 comes into operation:
15. General rules of succession in the case of female Hindus.
          (1) The property of a female Hindu dying intestate shall devolve according to the    
          rules set out ill section 16,-
          (a) Firstly, upon the sons and daughters (including the children of any pre-deceased    
           son or daughter) and the husband;
          (b) Secondly, upon the heirs of the husband;
          (c) Thirdly, upon the mother and father;
           (d) Fourthly, upon the heirs of the father; and
          (e) Lastly, upon the heirs of the mother.
           (2) Notwithstanding anything contained in subsection (1),-
          (a) Any property inherited by a female Hindu from tier father or mother shall
          devolve, in the absence of any son or daughter of the deceased (including the
          children of any pre-deceased son or daughter) not upon the other heirs referred to   
          in sub-section (1) in the order specified therein, but upon the heirs of the father;   
          and
         (b) Any property inherited by a female Hindu from tier husband or from her father-  
         in-law shall devolve, in the absence of any son or daughter of the deceased   
         (including the children of any pre-deceased son or daughter) not upon the other   
         heirs referred to in subsection (1) in the order specified therein, hill upon the heirs
         of the husband

The forms required for the society shall be amde available by the society.

If society agrees to transfer on the strength of  NOC by other legal heir and other legal heir agree of issue NOC then it shall be the quickest and easiest soloution.


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