Adityakumar Jain
23 May 2023 at 19:47
Dear Experts,
Disputant in-person has filed dispute, against Co-op. Hsg. Society (Opponent no.1) and its committee members. Because its Secretary (Opponent no.2) during his tenure as Secretary in conspiracy and collusion with other committee members had illegally prepared fraudulent documents and allotted to himself development rights to construct additional floors above existing old building of Society. By this way the legal rights of Disputant of having flat of additional area is also grabbed and his signature is also forged.
On the bases of said fraudulent documents, the Secretary (Opponent no.2) constructed additional floors.
The dispute was filed before 16 years in 2007 by Disputant. And challenged therein fraudulent documents prepared by Secretary (Opponent no.2), sought its declaration of illegality. The additional floors illegally constructed on the bases of fraudulent documents is also challenged and sought for its demolition.
Disputant appearing in-person encountered with Cardiac problem, was hospitalized, could not appear afterward in matter. Dispute was arbitrarily dismissed by trial Court ex-partie, without giving to disputant an opportunity to file written argument.
Appeal filed against same is pending in Appellate Court.
The Opponent no.2 Secretary, because of his fiduciary relationship as being Secretary, S-111 of Evidence act and S-16 of Contract act have mandatory burden of proof to prove that during his tenure as Secretary he has not committed any illegalities and fraud in allotting development right to himself. He also has to prove that the documents through which he obtained development rights are legal and genuine.
But Secretary (Opponent no.2) is not at all in a position to file his evidence, enter into witness box and prove his case in Dispute. If he fails to prove his case, then- (a) document through which he allotted development rights to himself will become illegal, null & void; (b) additional floors constructed on the bases of said documents also become illegal, null & void and liable to demolish; (c) evidences given by him can be used against him in Criminal Case against him which can easily lead to his conviction; (d) Disputant will get their legal right and have a newly constructed flat of additional area, as per policy of BMC.
Regarding forgery of Disputant’s signature, Police complaint filed – Police obtain opinion of hand writing expert – Forgery of signature confirmed – Charge-Sheet filed and it is pending.
Therefore, now the Secretary (Opponent no.2) and committee members are trying to hatch another conspiracy before dispute and appeal filed by Disputant is decided. i.e. they come with proposal to demolish whole building (old existing plus additional floors illegally constructed above it) and to do re-development by appointing some builder.
Now the question:-
(a) When the additional floors is under challenge and matter is sub-judice, is it permissible and legal to demolish same?
(b) To stop Opponents from demolition of building before dispute and appeal filed by Disputant is decided, what steps require to take to restrain demolition, whether (i) to file a new application before appellate Court in pending appeal, or (ii) to file a Writ Petition before Hon’ble High Court?
(c) To appoint a builder and transfer the whole property to him for re-development is hit by S-52 of Transfer of Property Act? Can Disputant take help of said provision?
(d) Please provide citations in this regard, if possible?
Thanking all respected experts.
AK Jain.
Anonymous
23 May 2023 at 13:19
THe Company not providing releaving letter . Its been a month that papers are put by us. After putting down my papers in the next 2 3 days company sent a mail stating that mail account is suspended and I should not communicate to any one in the office and that I have done a fraud . I have been writing for releaving letter but no one is responding .
Now I have to join new company tomorrow. New company is aware that the precious employer is doing this to me for no fault of mine.
Need guidance
Nafeez Ahamed
23 May 2023 at 09:35
Hi Experts,
I need a clarity on Factories act, when should be Rest room have to provided I'm not mentioning about the ( Urinals ) when it is applicable on the factory & how to view Gazette of a particular state on particular act.
SATHIYAMOORTHI M
23 May 2023 at 08:53
I have lost my 10th marksheet,it had DOB(20-08-2000).I have applied and received a duplicate marksheet with DOB(20-08-00).What is the procedure to correct it.
SHAILESH VERMA
23 May 2023 at 06:51
Sir,
My grandfather had a KCC loan(in PNB). He died few years back. The loan has become NPA. The property has inherited legally to all his 4 sons. Now 3 of them are willing to close the loan by paying their share, but 4th one is avoiding and saying that he will not pay any amount. What can be the the legal proceedings in this case. Can the loan amount be divided into 4 parts and individually be allocated?? My father has asked the Manager of bank to divide it in 4 parts so that each individual should pay his share, but Manager denied that there is no such provision. Or what can be the legal procedure in this matter??
Josef Lori
23 May 2023 at 04:21
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Anonymous
23 May 2023 at 01:33
Sir the applicant complaint first to Nodal officer than to Principal Nodal officer and ultimately to rbi when no action has been taken.
The applicant sought compensation for his mental harassment and loss due to bank.
But he got message fr9m rbi-
Complaint is rejected under Clause 16(2)(b) of the Reserve Bank - Integrated Ombudsman Scheme, 2021 : 'the compensation sought is beyond the power of the Ombudsman to award the compensation as indicated in clause 8(2)'”.
4. कृपया यह नोट करें कि उक्त खंड के तहत बंद की गई शिकयात गैर-अपीलीय है। अगर आप लोकपाल के निर्णय से संतुष्ट नहीं है तो आपको यह विकल्प प्राप्त है कि आपकी शिकायत के निवारण हेतु विधि द्वारा स्थापित कोई अन्य मंच/ न्यायालय/ विधि प्राधिकरण से संपर्क करें।
4. Please note that the complaints closed under the above clause are non-appealable. In case you are not satisfied with the decision of the Ombudsman, have an option to approach any other Forum/Court/Legal authority in accordance with the law for redressal of your grievance.
5. यह लोकपाल के अनुमोदन से जारी किया जा रहा है।
5. This is issued with the approval of Ombudsman.
My question is it can't be appealed other than consumer forum.
Please guide.
Thanks
lakshmikanthg
22 May 2023 at 23:44
Hi All, I'm looking to buy a property and i noticed that there was a "Liability" in RTC document of that property.
Upon further investigation i got to know this property was given as surety for bail.
Now I'm not sure if the surety is still valid or not, how do I proceed further?
How to check if the surety is still valid?
Can I buy this property or not?
Please let me know.
Manoj Gupta
22 May 2023 at 19:36
I am an employee of a Govt Institution. I suspected couple of my colleagues of indulging in malpractices like bribery.
I intimated the same to my Vigilance department. Now these two people have come to know about me and threatening of criminal defamation.
Does my act amounts to defamation without much proof?
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Minor area size correction in index 2 maharashtra
Hello,
I have purchased 1BHK flat 3 years back. I am the 2nd owner. In all sales deed, area is mentioned 318 sq. Ft. And 318.2 mentioned in index 2 but while making sales deed with me, area is mentioned 320 sq. Ft in index 2 but sales deed having 318 at all places. Pls suggest the process to correct or even if correction is required or not.