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Adv. Amita A. Virkar   25 December 2009 at 19:00

Querry related to transfer of flat

Hello friends,my query is based on Maharashtra co-operative Societies Act.
I am a lawyer.im giving legal advise to one society. where one person was the owner of the flat and his wife was the nominee of the flat. After the death of the person, wife becomes the owner of the flat and she nominates her 2 son(50% share each)as nominee.
Now the situation is this:-
Lady expired and her one of the son(1st nominee)also expired.Second nominee is holding the flat, and paying the maintenance of the society.he also submitted the necessary papers for transfer of the flat in his name, even he submitted the indemnity bond to the society..but he doesn't hv share certificate..he told us tht it was lost..and same is mentioned in the indemnity bond..the legal heirs of 1st nominee(wife and children of first son who is dead)and sister of 2nd nominee sent letters claiming the share in the flat..but their names are not there on society's record as nominee..they also claim that the original share certificate is lying with them...on the basis of indemnity bond given by 2nd nominee...resolution was passed in general body meeting, allowing transfer...but managing committee is not agree bcz other heirs claiming share in the flat and also claims that they hv original share certificate therefore they are not issuing him (2nd nominee)share certificate.
under this circumstances:- wht society should do?

1)can society transfer the flat in the name 2nd nominee who is alive and issue duplicate share certificate to him?

2)can society remain standstill abt transfer and asked the parties to bring succession certificate.
3)wht stand society shd tk?
pls guide me...thnxs in advance...

Anonymous   25 December 2009 at 18:45

Section 138 of NI ACT

Sir/Madem,

A cheque was issued by a debtor to a creditor for a sum of Rs.4,50,000/- and the same was dishonored. By the time of issuing the said cheque, the total amount of debt due under the promissory note is only Rs.4,49,000/-. Original Borrowed sum is Rs.3,00,000/- along with interest it comes around Rs.4,49,000/-. Can the creditor file a Complaint under NI Act, for the prosection of the offence.

Anonymous   25 December 2009 at 14:25

misconduct of judge

There is 498A case filed against me in 2002 and now it is at stage of evidence . But now development is we are leaving together and given application for withdrawn of case.



But lower court judge is showing misconduct and behaving very rudly.



1.he did not allow the compromise citing that it non-compoundable . we showed him citation of high court and supreme court.
2.he was asking our lawyer why you are taking initiate to close the case , let it run for longer period , what you will get by closing.
3.Third time he asked all evidence to come , but he did not take evidence and give next date.
4.on next date he say , I will take one evidence today only and gave next date.
5.This way he use to take one evidence and give next date for next evidence.
5.one day he called all accused and gave reason that we have to give some important information to session court and there is no electricity , we can take accused statement.


We explained him that I am doing job at 400km away from this place and its difficult to attain the date frequently. But he misconduct in open court, asking question, why you want to close the case. If you want to close the case then why you filed case. Let case run for another ¾ years.



I want complain against this judge , what the procedure and where to approach for complain?.
Can i send the complain through mail to session court , chief justice of high court or any judicial body.


Rgds

vasant



Anonymous   25 December 2009 at 11:40

education

My ward is studying B Tech 4 year in a technical institute at Jaipur. There was a quarrel between two friends therefore Five month back institute made my ward out for four month without any written information. In between both the families met and forgive everything for the sake of our ward. When I approach school after four month, school authority neither allows my word to studies in institute nor ready to give anything in written. Institute is trying to destroy the career of my word by not allowing filling up the university form.



With this reference I need your guidance on the following points.

1. Is there any provision of changing institute in 4 years?

2.Please guide me what should I do to same the career of my ward?

Arvind Singh Chauhan   24 December 2009 at 20:58

PREVILGES AND IMUNITIES TO LAWYERS

Sir Whether there are any immunities or privileges provided to Advocates in any Indian law or by apex court, keeping their status in society. If there is please refer.
I have heard during my studies that SC held, an Advocate should not be handcuffed by police if he is arrested on any complaint?

Uday Prakash   24 December 2009 at 19:38

difference

what is the difference between Lawyer and Advocate. Please clarify.

Anonymous   24 December 2009 at 18:11

Power of attorney

In respect of an immovable property, X executed a registered General Power of Attorny in favour of Y to execute a sale deed infavour of Z or his nominees, There are some mistakes in Survey Numbers given in the Schedule of said GPA. Without noticing the same, Y executed a registered sale deed in favour of Z. After noticing the same, can Y execute a registered Rectification Deed to the said regd sale deed, correcting the said mistake.

Note:There is no specific averment in said GPA empowering the Y to execute Rectification Deed.

Please give me for and against case law/Judgments

Anonymous   24 December 2009 at 17:58

Insolvency

A creditor filed an Insolvency Petition for the relief of declaraing a debtor as insolvent and the registered sale deed executed by him is liable to be set aside. The said Petition was allowed, The creditor did not file any civil suit for recovery the debt due under a promissory note which was time barred. The possession of the said property is still with alienee of the debtor. All the other Creditors recovery rights were also time barred. What are the legal rights available to the debtor over the said property.

Anonymous   24 December 2009 at 17:17

contempt of court

what is contempt of court and punishment for the same. please explain sirs

Anonymous   24 December 2009 at 12:42

plz help me ! C.A AND LLB pLz Guide

I m CA(Pcc) Student recently given the exams.i want to do LLB also from delhi univ.what is thew future scope in llb with C.A . AND what are the areas in which it will help me in my future ?