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Yogesh   22 December 2017 at 19:32

Builder is not giving possession of common facility

Respected all LCI experts
Namaskar
I Am Yogesh from Baroda , Gujarat.
My queries are property related.
ours is a shopping complex in Baroda city, we have ground + 3 floor commercial complex having 56 shops ( established in year 2000 ). We have an elevator installed in our premise but it is not in working condition now. It is remain un operated and un maintained from last 10 years. We have common toilets behind the elevator at each floor except ground floor. We do not have formed our members association or registered our society.
Management of common expense and maintenance was done by builder himself up to approx 15 year from establishment of premise. And now being managed by some 4-5 volunteer members since 3 years, builder has 3 units remain unsold in his possession now.
During the period when builder managing common expense, he has some disputes about common expense with 1-2 members at 1st floor, so he has locked first floor’s toilet and door of elevator sealed and was denying to use these common facilities to all members till date.
Further he is planning to sell the elevator and demolish its structure, further he is planning to merge the to be vacant space of elevator with first floor toilet which are jointly situated plan to make a shop illegally, he has the same plan for ground floor also.
Dear sir, in such a situation my queries are that,
1) How we can stop him legally to do such things? we have repeatedly demanded and requested to give us possession of toilet, but he is denying recklessly.
2) How we can get possession of first floor’s toilet ? how we can prevent him to sell elevator.
3) Is it not a criminal conspiracy? Or criminal breach of trust?
4) Can we file a criminal complain? on what base?
5) Or file a civil suit is an ideal option?
6) Can we go to consumer forum ? what about time limit of 2 years if we go to consumer forum? Can time limit be a problem or hurdle for us in this case?
7) What is our legal position?
8) Is it responsibility of builder to form the society and hand over it to members
Sir, please guide us.
Warm regards
Thank you all .

inderjeet   22 December 2017 at 18:51

Cross examination

Suit for partition pending in court and at the stage of plaintiff evidence for cross as in previous date plaintiff was crossed partly. Now the plaintiff have to move urgently else where and cannot attend the case for remaining cross on next date. Please suggest solution if someone else can attend on plaintiff behalf.

Suraj Vishwakarma   22 December 2017 at 18:24

Matters related to indian trust act

Hello Experts,
I own Family trust in relation to immovable property, which so far i don't know weather it is registered or unregistered because it is just type on Rs.100/- stamped paper in the year 1988, where my Grandfather & Father is trustee and rest 3 brothers of my father are beneficiary. Out of which 2 brother are died leaving behind their hires.

Know i want to remove my grandfather name due to his old age and with his permission and add my self into the trustee. Please let me know the procedure if it is sufficient to remove him in the same way by making Agreement upon stamp paper or i have to take permission from some authority.

Please also let me know the Procedure if i can add or remove the name of beneficiary, thus removing the name of beneficiary will violet the right of Legal Hires.

Please give your valuable suggestion upon it.

Tanveer Alam   22 December 2017 at 18:10

can i apply for govt jobs

sir
i have been preparing for a job jobs for the last 2 yrs
but my sisterinlaw has registered a fake 498A anti dowry and domestic violence case against my brother and the whole family members including me.So i am very much worried about my career what should i do ?kindly suggest plz

shahrukh shaikh   22 December 2017 at 17:44

Will i get a bank job if there's a case registered against m

Sir i am awaiting my mains IBPS result.
Last week there was fight among my father and his cousins in the family. I wasn't even there when the fight happened. But both the parties have filed an FIR against each other for beatinh them up.
In FIR, my name is also present even though i was not there. We have got bail from the police statio.
Will this affect my chances of getting the job in bank?

shyju   22 December 2017 at 15:23

Promotion

I m staff nurse working in a central govt hospital in Bangalore. As per our promotion policy , first promotion eligibility is regular service as a staff nurse in that institution. But currently after 15-17 yrs of regular service only first promotion is getting. The reasoning giving for this delay is no vacancy in higher post. Apart from nurses , no other employees promotion is delayed for this much long duration. I would like to know your opinion in this regard, can it consider as an injustice towards nurses, because honourable CJI on January,2014 mentioned that promotion is a fundamental right of an employee based on article 14 of constitution of India

Anonymous   22 December 2017 at 11:14

Divorce

Hi
I had married in December 2017 and I want to give divorce to my wife so she can marry someone else
I had informed this to her before marriage that if our marriage didn�t worked then we will go away from it.
Tell me ways to end up this marriage
1. we mutually agreed and signed on stamp paper in front of lawyer - will it be ok
2. Or can we file MCD within 3 month of completion of marriage

Anonymous   22 December 2017 at 10:59

Different lawyers have diff opinions

different lawyers have different opinions on same/standard query so no use of this website.

mabusubhani   22 December 2017 at 10:07

A bout ia

Respected Sir/ Madam,
I filed OS for Property Registration purpose which matter was submitted by the defendants on Rs :100 stamp Paper, and they sign below said matter.After receiving the summons from court the defendants approach by their Advocate and file vakalatha for two persons. Third one not approach and he give replay to advocate notice as what said in notice is correct.mean while remain two defendants .side not file written statement, then court said experty and after enquiry of the petitioner said in the court , court delivered ex party decree. after the decree passed the defendants(2) file IA exactly 180 days after judgement.In that IA they said that their son collide with plaintiff and they should not submitted any agreement ,which was said by plaint.in this base IA can allow are not

Ali   22 December 2017 at 09:35

kidnap n theft case

Dear Experts,

I was kidnapped by my wife n her family members last month Nov. regarding this I filed complaint at PS with following sections 323,363,506& IPC. Case is going on & some accused got arrested.

Later on before this incident..same day in my absence my wife n her family members did robbery in my home n took following my belongings.
All my educational certificates
Passport
Bank pass books
Cheque books
Experience certificates
Cash
Gold...

Note: Both incidents happened at different police limits n both police are refusing to take case...

1.Where I need to approach to get my theft items??

Thanks in advance...

Ali Akram