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Gaurav Jain   14 January 2023 at 14:22

Macp case (motor accident claim)

i have MACP case file in year 2008 in District court in Maharashtra. Same was disposed in 2021. Then Insurance company went into appeal in high court which is still not admitted or stayed and going on.
But meantime in i filed Civil application in high court for partial withdrawal of claim till time case is going on high court. Also still insurance company not deposited claim amount in Tribunal. Most probably this withdrawal application will be most likely to be allowed in next 2-3 month and i can do partial claim withdrawal.

My problem is that 13 years i filed case in district where i was residing and accident happened. Now i am shifted 400 KM away in another district in Maharashtra.
So Post high court order Can i file MACP darkhwast for withdrawal of partial claim amount as per high court order in district where i am residing which comes under same high court .

To make that happen does any additional application/ things i need to do in high court or district court where original case was filed?

NIMESH   13 January 2023 at 21:00

Regarding demarcation of land

Respected Experts,

I had purchased agriculture land in 2012 but due to some dispute not able to demarcate the land now when i applied for demarcation now it is reported by patwari that out of total land of 1.157 Hectare there is only 1 hectare land is in possession and 0.02 hectare of the land is encroached by neighbour and build house on it and balance 0.135 hectare land is in village road.
Now please suggest me how to proceed further and how can i get the land on which village road is built as i had not get any compensation and had not known previously that the road is on my land.
Please help....

Vasudevan   13 January 2023 at 19:42

Ccs pension rule, 1971 - reg.

Respected Learned Expert(s), I am a retired Central Government Group B employee governed by CCS (Pension) rules, 1972. I had been convicted by the CBI court and therefore my pension was reduced to the extent of 40% under Rule 9 of CCS Pension Rules by the President. The President order has not spoken anything on the payment of gratuity. Therefore, I had claimed the eligible gratuity. Now my appointing authority (not the President) has ordered that no gratuity shall be payable as the official has shown moral turpitude and grave misconduct. Whether, any supplementary (second) order may be issued for forfeiture of gratuity by the authority other than the President. Kindly clarify the rule provision and oblige. Case citation, if any may also be informed please. Thanks in anticipation.

Anonymous   13 January 2023 at 07:32

Builder askin to sign stamp paper undertaking for possession

Hi,
I had purchased an under construction flat in Bhiwandi in 2015 with possession date as Mar 2018 in sales agreement. After years of delay from builder sighting various reasons like GST, RERA and Covid, He has got OC 2 months back. By this time many residents took soft possession and started staying. Currently there are lot of issues with leakages and pending work of amenities is still not completed.
After OC, builder is liable to give final possession to all and now he is asking everyone to sign an unilateral undertaking which is one sided mentioning there is no quality issue and few other absurd clauses. I'm waiting for possession and he is not giving without signing it up as per their company policy.
What options do I have to get possession with letter? Buying property there was already a mistake and I dont want to sign anything further for more problems in future.

Anonymous   12 January 2023 at 21:51

Agreement validity

Respected experts,
I want to know for how long an agreement notarized is valid when we haven't mentioned the time period for its expiration.

Anonymous   12 January 2023 at 20:03

Broker not honouring succession certificate

After demise of my father, we discovered that he did not have a nomination on his DEMAT account. We approached civil court and got a succession certificate issued for transmission of this shares to my mother's name. Now the broker is not honouring the succession certificate saying it has 'face value' mentioned as opposed to 'market value'. They are also asking my family members submit NOC claiming that the succession certificate has 'we brothers Vs our mother' in it the pages mentioning (the court fee part , first few pages). My lawyer tells me we are on the right path and it is the broker who is at fault. I even sent scanned copies of certified documents obtained from court to broker, which has brokers own statement , market value of each share and calculation of face value. Broker is asking us to correct the succession certificate. Broker is asking for 'registered' and 'notarized' copies of all documents submitted to court. My lawyer says broker is in contempt of court and we should only offer him na indemnity bond .I had complained to SEBI, but it doesnt look like they undertand the issue. They just forwarded brokers reply to us. We have no idea where to go and what to do . My mom is senior citizen. All we are trying to do is get my fathers share transferred to her name. Broker is acting like court of law. My family would really appreciate any advice or comments from experts here.

Supreet singh   12 January 2023 at 15:48

Transfer of partnership asset

Hello lawyers,

Land was in the name of a partnership firm with 5 partners. 4 partners had retired from the partnership firm via dissolution deed.
At present only one partner is there with all assets. That partner is me.

Land is still in the name of partnership firm.

Since I am the only one partner of partnership firm , if I add buyers as new partner and change the constitution of the partnership firm by submitting reconstitution deed to registrar of firm , then the land will be transferred to buyers without registration and stamp duty?

This method of transferring land is valid?

mehul kasvala kasvala   12 January 2023 at 11:43

Format of power of attorney

Can a foreign partner in a Indian partnership firm authorise any other Indian Partner/Other Person to execute any documents for loan, registration under VAT, Customs, Central Excise, or any such related matter?Kindly mail the format of Power of attorney and the stamp duty in such cases

Swayam   12 January 2023 at 00:26

Issue with caste/community certificate.

I am from Sunar community which is in the central list of OBC of U.P. state. But the problem is I & my parents & any of my blood relations(to whom I can reach) don't use Sunar as a Surname in any of our Documents. But My father & many of my blood relations work as a GOLD SMITH(Sunari) which is a PROOF that we are from Sunar community. So, How can I make a Caste Certificate? Please help.

Anonymous   11 January 2023 at 20:51

Power of attorney

Respected Experts,
Can a single party register power of attorney to sell land in a different state in India?
or the power of attorney holder is required to be present at the registrar's office where at the time of POA is being Registered.