Brijesh Sharma
05 July 2021 at 20:54
A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017.
In compromise deed they agreed that -
1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.
2- That A and B will give some money to C after the resolution of this matter.
3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.
Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -
1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.
2- According to the agreement A and B will give some money to C.
3- Submitted agreement will be part of the decree.
Now the questions is -
1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?
2- Third point of agreement will be applied or not in execution of the decree ?
3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.
Guru
04 July 2021 at 15:44
dear sir/madam ,
1) may I know what acknowledgment I can request for my complaint if police officer do not prefer to Fill FIR .
2) and also sir/madam, please let me know types of registering the complaint in case FIR not filled or preferred and what documents police officers needs to provide to us following complaint registered . Thank you .
Anonymous
30 June 2021 at 15:20
Respected sir,
can we use the bill of exchange in domestic market (says in e-commerce industry for buying or selling as a mode of payment) ? if yes then can we pay proper stamp duty applicable on the instrument in online mode?
Anonymous
28 June 2021 at 16:07
Dear Experts,
Recently I have been staying in apartment where due to covid 19 , secretaries are coming with illegal laws without circular and without any society being registered. One of instance where secretary didn't allow relatives or anyone inside the premises and this all they are doing without any circular. They have kept a bunch of security guard who are acting as securities for these so called secretary.
Another instance where they are not giving proper allocation of parking .
And another instances where they are not allowing essentials like medicine , food and groceries to be delivered to the tenants rather they are forcing people without any circular to pick this outside. They are not providing any circulars with signature or society number.Â
I feel this are against the rules which government has set and i feel this are infringement of human rights.Â
Please enlighten as to where we can complain this . and what actions can be taken against this. Â
abhimanyu
25 June 2021 at 07:11
For selling physical shares in a private limited company. SH-4 Form is to be filled up. Please advise
1. What is the rate of share transfer stamp duty for transfer of physical shares.
2. Is rate of stamp duty same all over India
3.Can stamp duty be paid by buying share transfer stamps
4.If yes, from where such share transfer stamps can be purchased.
5. Can share stamps purchased in Delhi be used for transfer of shares of a company having registered office in Mumbai
A BANERJEE
23 June 2021 at 03:26
Can a married daughter, separated from her husband owing to many reasons (chiefly, torture) and living with her parents for more than two years, claim and be entitled to Family Pension under the extant Pension Rules? Is there any precedent in the form of a judgement/notification on this issue?
Anonymous
17 June 2021 at 16:01
I am a government servant currently working in indian railway. I had applied for for NOC to persue llb but my supervisor is constantly stating that permission cannot be given for regular course of study. The higher authority will reject your request. I have got an OM of GOI decision that employee can do regular course of study by joining the institute in THEIR LEISURE HOURS.
Can I get permission from railway to attend college and persue my llb while doing job concurrently? Is there any rule regarding this matter?
Anonymous
22 May 2021 at 12:12
To file a complaint in consumer case through representative or agent. it required authorization letter to be submitted before the concerned forum .
1. Does Authorization letter requires affidavit along with authorization letter from principal?
2. Does all the other applications before forum require affidavit along with every application?
3. Does every Affidavit reference with subsequent application or submissions after original complaint before the forum need to be notarized?
shyam lal
21 May 2021 at 10:18
In a unregistered MOU of family settlement in respect to immovable property ,one of the clause/terms are none of the signatories can challenge or go to court.in respect to terms & conditions mentioned in the MOU. as it is binding on all signatories
Kindly advice is this condition binding on all signatories ? or it can be challenged in the Court of Law.
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Pending maintenance dues from a non co-operating flat owner
Dear Experts,
Need a guidance on the below:
We are an apartment association registered with Registrar of Society, Karnataka.
There are in total 35 flats in the apartment. One of the flat owners is very rude and they have moved in to the flat without obtaining an NOC from the association though they knew that the previous owner had some pending maintenance dues. The notice in this effect was prominently displayed on the entrance to the lift and passage. Also they have chosen not to become members and membership fee is still not paid. They forcefully park their vehicle in the parking area eligible for their flat, though the parking space is not yet allotted to them by the association for non- submission of NOC before moving in to the flat.
They are very irregular in payment of monthly maintenance dues, as well as other payments towards society developmental charges. The maintenance is due for more than 18 months. They do not stay in the apartment and they don’t visit also, as the flat is not occupied. The association has been following up for the dues since long time without a luck. Very recently, when they visited the flat for renting it out, association approached them to discuss about the pending dues. However, they argued and said they are not going to pay anything as the flat was not occupied. We referred them to the relevant clause of the association bye laws which talks about amount as decided by the association . Suddenly they became violent and came attacking one of the association members. Considering the verbal abuse (foul language) & loud threatening words and basis the CCTV footage we filed an NCR with the local police station. Though outside of the police station, they agreed to clear the dues but there is no action from their side yet.
Hence the association has decided to proceed legally to collect the dues with interest, as per bye laws. In this reference, we approached a legal help but his advise has raised further questions. He says, even though we are registered with Registrar of Society, we can’t proceed for collection of pending dues, unless the association is registered with some specific authority (just like municipal authorities).
- Is there any such law which stops the apartment association from collecting the genuine outstanding just for not registering with a specific authority?
- What is the legal remedy for recovery of outstanding dues from apartments owners and under what section laws?
- What is the procedure for initiating an action?
Any valued opinion and guidance from the experts
We would request opinion vis-Ã -vis laws in the state of Karnataka if any.
Thanks in advance….