Legal Documents queries [Resolved] [608]

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Raja Sundarraman 15 June 2008 at 13:04

civil Engg Contract

Respected Learned Firends, Will you please share any civil Engg Contract Format ?Thanks

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SRIPRAKASH BHATTACHARYA 15 June 2008 at 12:36

COOP. HOUSING SOCIETY ACTS AND RULES

15.06.2008

SIR,

I RESIDE IN A LARGE COOPERATIVE HOUSING SOCIETY OF KOLKATA SINCE 1982 AND THE SOCIETY HAS 264 MEMBERS.

IT IS RUN BY A BOARD CONSISTING OF SIX DIRECTORS, WHO ARE ELECTED BY THE GENERAL MEMBERS FOR A TERM OF 3 YEARS. I AM ALSO A DIRECTOR IN THE BOARD.

AS PER WEST BENGAL COOP. SOCIETIES ACTS, 1983 AND RULES, 1987 THE CHAIRMAN, SECRETARY & VICE-CHAIRMAN ARE ELECTED BY THE DIRECTORS AND NOT BY THE GENERAL MEMBERS. HENCE, THE BOARD IN TOTALITY IS ACCOUNTABLE TO THE GENERAL MEMBERS.

SINCE SEVERAL MONTHS I HAVE BEEN OBSERVING THAT FOUR OF THE DIRECTORS IN CONNIVANCE WITH THE SOCIETIY’S OFFICE SUPDT. (A PAID EMPLOYEE), ARE INVOLVED IN CORRUPT / ILLEGAL PRACTICES WHILE TRANSFERRING / RENTING OUT OF FLATS. I HAD BROUGHT THIS MATTER IN WRITING TO THE NOTICE OF THE SECRETARY, CHAIRMAN & VICE-CHAIRMAN. UNFORTUNATELY NONE HAVE PAID ANY ATTENTION TO THIS MATTER. IN THIS REGARD, DURING A VISIT OF MINE TO THE OFFICE OF THE SOCIETY, I WANTED TO GO THROUGH CERTAIN FILES BUT UNFORTUNATELY I WAS DENIED ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY IN ORDER TO AVOID UNEARTHING THE MATTER.

ON TAKING UP THE MATTER IN WRITING WITH THE CHAIRMAN,VICE-CHAIRMAN AND SECRETARY, I HAVE BEEN ISSUED A LETTER BY THE SECRETARY SAYING THAT EXCEPT OTHER THAN THEM, NO INDUVIDUAL DIRECTORS CAN HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. SINCE THE BOARD CONSISTS OF ELECTED DIRECTORS, I WROTE TO THE SECRETARY THAT AS PER THE COP. ACTS AND RULES HAVE ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. THESE PEOPLE DO NOT WANT ME TO HAVE ACCESS TO THE FILES AND DOCUMENTS IN ORDER TO AVOID DISCOVERY OF THEIR MISDEEDS.

IN TURN, I HAD AGAIN WRITTEN TO THE SECRETARY INVOKING RTI ACT, 2005 AND FURTHER ASKING THAT UNDER WHICH ACTS AND RULES, IT IS MENTIONED THAT EXCEPT OTHER THAN CHAIRMAN, SECRETARY AND VICE-CHAIRMAN THE OTHER DIRECTORS CAN NOT HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCETY. THEREIN I HAVE ALSO WANTED TO KNOW THAT UNDER THE CIRCUMSTANCES, WHAT IS ROLE OF INDIVIDUAL DIRECTORS OF THE COOP. HOUSING SOCIETY.

ON THIS THE SECRETARY HAS WRITTEN THAT THE ‘QUERIES AS REFERRED BY ME DO NOT COME UNDER THE PROVISION OF RTI ACTS AND RULES’.

FROM ALL ABOVE I FIND THAT THE ABOVE PERSONS ARE TOTALLY IGNORANT, ILLETERATE AND INVOLEVED IN CORRUPT PRACTICES, AS APPREHENDED.

I HAVE ALSO TAKEN UP THE MATTER WITH SECRETARY TO THE GOVERNMENT OF WEST BENGAL, COOPPERTION DIRECTORATE; REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF WEST BENGAL; DEPUTY REGISTRAR OF COPERATIVE SOCIETIES (HOUSING), GOVERNMENT OF WEST BENGAL AND ALSO WITH THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES (KMAH), GOVERNMENT OF WST BENGAL AS EARLY AS IN THE 1ST WEEK OF FEBRUARY, 2008. AFTER CONTINIOUS PERSUATION AND FOLLOWUP, THE REGISTRAR OF COOP. SOCIETIES, GOVERNMENT OF WEST BENGAL HAS DIRECTED THE DY. REGISTRAR (KMAH) TO CAUSE AN ENQUIRY AND SUBMIT A REPORT.

AS YOU ARE AWARE THAT FOR MOST OF THE STATE GOVERNMENT STAFF, 18 MONTHS MAKE A YEAR INSTEAD OF 12 MONTHS SO THE ENQUIRY TOO WILL TAKE ITS OWN COURSE.

NOW I AM PLANING TO WRITE ALSO TO THE SPIO, COOPERATION DIRECTORATE, GOVERNMENT OF WEST BENGAL UNDER THE RTI ACT, 2005 AND REQUESTING FOR ABOVE CLARIFICATIONS.

I ALSO WROTE TO THE NATIONAL COOPERATIVE HOUSING FEDERATION ON THIS ISSUE, WHO IN TURN HAS ADVISED ME TO TAKE UP THE MATTER UNDER RTI.

I WOULD YOU REQUEST TO KINDLY LET ME KNOW THE FOLLOWINGS:

1. CAN THE SECRETARY DEBAR THE BOARD MEMBERS FROM SEEING THE FILES AND PAPERS OF THE SOCIETY WITHOUTING CITING ANY VALID REASONS.
2. WHETHER WRITING OF SUCH LETTER BY THE SECRETARY IS LEGAL AND IS IT AS PER COOP. ACTS AND RULES?
3. WHETHER COOP. SOCIETIES ALSO COME UNDER RTI ACT, 2005 OR NOT. (FROM THE ACTS AND RULES OF DELHI, I FIND THAT COOP. SOCIETIES ALSO DO COME UNDER RTI).

SINCE OUR NEXT AGM AS WELL AS ELECTEION IS SCHEDULED SOMETIMES IN MID JULY , I WOULD REQUEST FOR AN URGENT CLARIFICATION.

I REMAIN GRATEFUL TO

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Mohammad Ali 15 June 2008 at 01:37

Property in ooty

My self and 2 of my friends have purchased a property in ooty, please advice list of documents i need to take it from the seller (name of the seller is http://www.msep-projects.com). as of now they are ready to give us a joint power of attoreny. please let me know how can we secure further.

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k.m.gopinaath 13 June 2008 at 18:37

legal heir of a dead hindu wife--

Hi.. A property was bought my Mrs X in 1985. She dies in 1993. She has 3 married daughters.they give the father a notarized document saying that he is the heir to his wife and they have no objection in selling the property. He gives a power of attorney to another person. the person who took the power can he sell the land. if i buy will that give me a clear title?

actually the daughters have in given a notarised rs100 stamp paper deed " authorise our father (mr X) to get the ownership of the plot...........transferred to his name.we hereby declare we have no objection in doing the same" mr X based on this gave power of atorney to mr y. can i buy from mr.y. he says he (mr y)will give a receipt of assurance for the total amount what are the problems which i will face.

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Gururja Rao 11 June 2008 at 18:28

Stamp duty and registration fee

My friend is entering in to a lease agreement for commercial purpose for a period of five years, on a monthly rent of Rs30,000/-.And futher my friend agreed to enhance the rent by 6% on expiry of every two years during existance of first initial five years period.
when my friend approached registration office of Nampally, Hyderabad to find out what will be the stamp duty and registration fee for registering the lease agreement one of the officer informed him that the total stamp duty and registration for said lease agreement comes to Rs 18,000/- and above, without expalining how he arrived at such calculation.
Can any body help my friend by answering him how to calculate and what will be the proper stamp duty and registration fee in A.P for the aforesaid lease agreement with suitable case law if any, it is urgent tomarrow he is going for registration most probably.

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SATISH KUMAR 11 June 2008 at 12:25

Right of first refusal

Dear Friends

Can any one explain me the concept of right of first refusal and its legal significance. Can one party claim it eventhough such right is not specifically mentioned in the agreement.

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Manikyamba 09 June 2008 at 18:04

Agreement of School

I needa an Agreement/document having discription of all activities carried by School Management/ School Board and so on. If any has a copy of it please forwrd it to me.

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shweta 04 June 2008 at 23:32

Documents required for property transfer

We live in Mumbai, in a Society. A flat is owned by my grandmother, which she wants to transfer it to my fathers name.
I want to know the entire procedure of getting the flat transfered in his name and all the documents that would be required.
In which places such documents are to be submitted and the amount of stamp duty to be affixed or how is it to be calculated.

Thanks a lot in advance.

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sridharan v 04 June 2008 at 11:15