Anonymous
05 September 2021 at 21:45
Hello,
My Mother-in-law wanted to make a will stating that everything to be given to her gandson after he turns 18. The issue is that my mother in law's son expired last year and she don't trust her daughter-in-law with the property. She wants to make my wife as caretaker of the property till the grandson is 18 years old.
Can she make such a will?
What all complications are there for such a will?
Thanks
Ziaur Rahman
05 September 2021 at 12:48
Based on source information, an F.I.R against the unknown person was registered under section 25(IB) r.w 35 Arms Act after the recovery of some arms and ammunition from the corridor of his premises when he was out of town. He was called by the police from another town and arrested in the said case through the FIR was against unknown. After the media trial and the hype in the local newspapers, the accused was granted bail. In West Bengal, as per the criminal amendment, in Arms Act cases within 2 years from the arrest of the accused person, the investigation must be completed. However, the investigation was not completed. He was also not discharged by default after the two years of his arrest and bail by the Magistrate. After about 3 years, the investigation officer submitted a prayer to the Magistrate to permit to continue the investigation and thereby enhanced the period of investigation, which the Magistrate did without informing the accused. After a week, the Investigating Officer submitted a charge sheet. The Charge Sheet has not been served upon the accused till now. I am not going into the merit of the case. Now should the accused file a default discharge application in the same court of Magistrate or should go before the District Judge challenging the illegality against the extension of the time for investigation and his non-discharge by default after completing the statutory period of 2 years from the date of his arrest? Kindly advise.
Jayanta Bandyopadhyay
05 September 2021 at 07:42
One foreign supplier accepts liquidated damage clause in PO but not in LC. Does ucp, fema, banking regulation permit exclusion of such arrangement from lc and settlement outside lc
Please guide
Jayanta Bandyopadhysy
5.9.21
Rana Amarjit Singh
05 September 2021 at 07:11
Sir
A person was authorized by board resolution of Pvt, Ltd. Company having real estate business to execute any documents regarding sale of a partucular plot. That person entered into sale agreement with other person, recived consideration on behalf of company and issued special power of attorney to that person. The person to whom power of attorney was issued executed a sale deed and consideration received was squared off against amount already paid to company. Now please determine if sale deed is valid. If invalid then can it be validiated by adopting through board resolution.
Ram
04 September 2021 at 21:08
Dear Most Respected Experts,
My wife had filed a maintenance petition u/s 125 CrPC in the year 2007, then we filed a joint memo and we lived together for some time. When quarrel picked up, she filed FIR in the year 2008 u/s 498A & 4 of Dowry Prohibition Act. Then in the year 2009, she filed another maintenance case u/s 125 CrPC.
Now case u/s 498A is going on in court. Allegations mentioned in the maintenance petition in the year 2007 are totally contradicted with FIR filed u/s 498A in the year 2008. At the same time, allegations mentioned in 2009 are also totally contradicted with FIR filed u/s 498A.
I have taken a certified copy of the maintenance petitions (125 CrPC) of 2007 and of 2009.
My Questions:
==========
1) Will the court admit both the maintenance petition (2007 & 2009) as documentary evidence and the judgement will be passed on the contradictions?
Thanks in advance
Ram
BN
02 September 2021 at 21:00
I am a flat owner cum resident of a gated community in Hyderabad, the society having nearly 750 flats where builder has provided provision for Piped Gas (Normal gas cylinders stored in a place and connected through pipeline to individual flats). During sales the builder orally said that the provision for piped gas is given and interested residents may use the facility. Those not interested can use individual cylinders supplied by Oil Companies / Gas Agencies. Even the Agreement of Sale did not have any condition for usage of gas except for mentioning that the provision of Reticulated Piped Gas is given by builder.
Currently the builder is maintaining the project and its maintenance through 3rd Party (external agency) by 2 years advance funds collected from flat owners toward maintenance. Even though people have been residing in their flats since more than 2 years and registration of 90% of the flats completed, the builder has been postponing the RWA formation and handing over of Corpus Fund to the RWA citing various reasons.
Of late, builder has made a rule saying that since provision for Reticulated Piped Gas is given, all residents have to compulsorily use the facility and no cylinders will be allowed in any flat. For the new flat handovers, they are getting a form signed towards acceptance for using piped gas. If not signed, flats and not being handed over. There is also no transparency on the charges of piped gas and various issues on proper supply. There are currently 500 residents in the society and nearly 60 using gas cylinders. When the builder was asked that if there is any Govt. Order or Notification that says that LPG Cylinders cannot be used is societies where there is facility for piped gas, he denied the same but said that Fire Department has such a rule that LPG Cylinders cannot be used in societies where there is facility for piped gas.
I have only 2 queries at present:
1. Is the builder justified in forcing residents to use Piped Gas facility and denying door step delivery of cylinders to the residents
2. Is there a rule from the Fire Department that LPG Cylinders cannot be used is societies where there is facility for piped gas.
I would be very thankful if the above queries are answered.
anosua chakraborty
02 September 2021 at 16:08
Sir,
I was working in a ltd. company,during lock down my superviser forced me to come to office once ,though no lady employee was present,my area was under containment zone,and no vehicla was available,still I attended,But soon after that I was having request to attend office again...then I decided to resign and mailed the cause of my resignation to both my supervisor and HR.
that was 26th May,2020.
1. Till that date salary of April,2020 has not been disbursed.
2. after my resignation ,after multiple request they have not processed my FnF settlement for May,2020 and due salary for april ,2020.
3. I was off for sometime for my surgury,now I again statred doing multiple reminder Mails,and finally they responded when I decided to move court, but they are giving me 50% salary of my dues,showing cause loss during lockdown
4.sir PF for the month of april,2020 and May 2020 ,they have submitted on time and against full pay
5.Sir after one year they are agreed to disburse 50%, but no such intimation have ever been mail to in last one year
6. For existing employees they will disburse due 50 % in future(known frm ex collegue source,not submissable legally)
7. please advice can they have right to disburse 50 % salary during my full and final settlement?when they have submitted full on EPFO
8. HR mail as "full and final settlement" but disbursing 50% salary
9. Company always late in disburse salary during tenure...that is like salary for december credited on end of january,has all bank statement....held my dues and relaese more than a year
mabusubhani
02 September 2021 at 15:03
Respected Sir/ Madam
My Sister Register a land to her son, showing that land belongs to her Ancestral property which was in her position, and VRO also give decleration form as that land belongs to her Ancestral property.The same land again son registered to his mother(My sister).Now this registration valid or not .can i ask share in that property
jagadish paranjape
02 September 2021 at 13:05
A person claiming to be a trade union leader has staged appearance in a reference under Industrial Dispute Act on behalf of the workman.He is member of the local Labour law practitioner's Association for past three decades and is practicing in labour court/Industrial Tribunals for long time.
Can he qualify to be called legal practitioner within the meaning of Sec.36(4) of the I.D. Act and need consent of the other side and permission of the court for appearance.
Regards.
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Rwa formation in housing society
I am a flat owner cum resident of a gated community in Hyderabad, the society having nearly 750 flats. Currently the project is not fully completed but builder has started collecting maintenance which it is maintaining through 3rd Party (external agency) by 2 years advance funds collected from flat owners. Even though people have been residing in their flats since more than 2 years and registration of 90% of the flats completed, the builder has been deferring / postponing the RWA formation citing various reasons. Their main idea is to enjoy the huge amount of Corpus Fund and its interest for a maximum possible period. Builder is also earning money from the clubhouse, renting out the facilities to outside parties, etc without sharing the details of income and expenses with the flat owners. I have a doubt that this money will be pocketed by the builder.
I have the following queries:
1. What the law says on rules and conditions of RWA formation, what percentage of registrations to be completed to be eligible to form RWA, etc.
2. What are the remedies available in case RWA formation / transfer of corpus fund and other income to RWA is deliberately delayed by builder.
Request the experts on this platform to please give their valuable suggestions.
Thanks in advance