LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Umesh   13 November 2009 at 14:03

WOMEN RIGHT IN UNDIVIDED HUF PROPETY

I would like to know the status of a married women in undivided huf property where she married prier to 1990 and after 1990

william lobo   13 November 2009 at 13:34

gifting of ancestral property

My mother made a will and my sister has gobbled major portion of this property by her astute lawyer.
Also she has gifted about 40% of her acquired ancestral property to her daughter. Can this be done. Can she gift ancestral property. Also the subdivision was done without the registered will of the mother. Can I challenge in court today after 16 yrs??

anjaneyulu   13 November 2009 at 13:24

Section 190 Cr.p.c.,

If, a private complaint filed against to the police officer that he acted beyond his scope, the sanction under section 190 Cr.P.C., is required?

anjaneyulu   13 November 2009 at 13:14

Sec.190(1) Cr.P.C.,

If, the power of attorney can file a private complaint on behalf of the executant, may state relevant citation.

Anonymous   13 November 2009 at 13:13

Landlord desires to rebuild under 'pagdi system' setup

A landlord under a 'pagdi system' in mumbai is desirous to redevelop the building and is demanding a contribution of 2.5 lakh from each tenement for an additional space of 50 sq ft to each tenant.The landlord is going to build a new building adjacent to the existing building where he plans to accommodate existing tenants and will build another structure which he shall use for free sale. The landlord also agrees to transfer the new flats on ownership basis- thereby terminating the landlord-tenant relationship but states that the cost of transfer is to be borne by each tenant.He further reserves his right to use the terrace and lateral sides of the building to use to install hoardings and keep for himself the profits earned therefrom. He is further demanding a monthly contribution of 10k for maintenance until a society is formed by the tenants.
My question is :
a) is his demand of 2.5 lakh for additional floor space of 50 sq feet, legitimate?
b) can he reserve his right to use the terrace and lateral sides of the building for advertisements and earn profits thereof?
c) can he demand 'irrevocable consent' from tenants to sign a 'permanent alternate accommodation' ?

If an expert requires any more information i shall supply with the same.
Thanks

Manish Singh   13 November 2009 at 13:07

Residential Permit

Dear Members,
can anybody please throw some light over the issue of residential permits given to foreign nationals.
where i can find notification/rules/regulations concerning the same?

b.s.aravinda babu   13 November 2009 at 12:45

partition

Dear Sir,

Whether an immovable property jointly owned by two private trusts can be partitioned between themselves?

A line in reply with supporting provisons, if any, would be higly solicited.

Regards,

Arvind

R V SHASTRY   13 November 2009 at 11:43

Companies Act 1956

Respected Sir/Madam,
Our's is a Pvt.Ltd.Co.registered under the Companies Act 1956.We are 4 brothers & each of us own 25% shares each after the passing away of our father.Two of my brothers are running the Co. in the capacity of directors.The last EGM was held on 31st August 2005 and since then the Co./directors have not held any AGM/EGM till date.The Annual A/c's & Annual Return's of the Co. has also not been filed for the last continuous 4years. The first directors of the Co. were my father & second brother. They appointed my fourth brother as director by a board resolution DT:2nd October 2009.Now the Articles of Association of the Co.says, “The Directors” means directors for the time being of the Company and “The Board of Directors” means “The Board of Directors” for the time being of the Company. Also The board shall have power at any time and from time to time to appoint any person as director as an addition to the board and any director so appointed shall hold office only till the next AGM and shall then be eligible for
re-election.Now as no AGM or EGM has been held since Aug.2005,does it not imply that the directors are holding office as directors, without authorization from the members vide an AGM or EGM and hence ceased to exist as directors from 1st December 2006. Myself & my 3rd brother had vide our notice DT:28th August 2009, called upon the board to convene an EOGM under Section 169 of Companies Act 1956 and induct us as directors. The board failed to convene the EOGM within the prescribed time limit and hence we as requisitionists have called for holding the EGOM on 16th November 2009, after completing all formalities as prescribed by law.
I hope kind Sir that I have given you the proper back ground to my case and request you to kindly bear with me for all the trouble that I’am giving you.
Now what I would like to know from you kind Sir is,
(1)Do the directors still have the first choice to select one amongst themselves to chair the EOGM on the 16th inspite of the fact that they were never re-elected after August 31st 2005 as no AGM or EGM was held after that.
(2)In the event that one of the directors chair the meeting I’am aware of the fact that they will vote us out because of the casting vote and block the resolution to induct us as directors and in the bargain re-elect themselves as directors and continue their merry illegal ways.
(3)I request you kind Sir to suggest me some legal remedy to address our grievances.
(4)Can we file criminal charges as one of the directors has drawn a big amount under the guise of housing loan in 2006 but no house has been purchased by him and he has invested the money elsewhere. I have the copy of a letter written to him by my father in the capacity of director of the company asking him to repay the loan or else the company will take legal steps to recover the same. Unfortunately my father has passed away and now there is nobody to take action. Please note that this letter was sent by registered A/D and I posses the original receipt.
Lastly I’am extremely sorry to bother you with our troubles but humbly request you Kind Sir to take some time off your busy schedule and suggest me a few legal options to right the wrong being done to me & my 3rd brother.
Thanking You, I remain,
Yours faithfully,
R V SHASTRY DT:13th NOV 2009.

Anonymous   13 November 2009 at 11:14

How PAN card of HUF be cancelled on partition

PRD HUF is a firm possessing a valid PAN Card. Due to the age of the Karta, and since there being no male members except two daughters, the Karta desires that the firm be dissolve / partitioned before the death of the Karta and how to cancel the PAN Card issued by the Income Tax Authorities?

Ria   13 November 2009 at 10:31

Query on Birth Certificate - Urgent

Respected Experts,

My brother's wife delivered a baby at home 3 years back.Now the child needs to be admitted to school in Mumbai.
But the child's birth records are not available as the child was not born in a hospital but at home in Uttar Pradesh.

Would an affidavit by the father/guardian for the same be enough for admission to the school ?

Please advice as to how I should obtain the Birth certificate ?