Anonymous
15 February 2009 at 16:51
Sir,
I have a querry,in which i need your hanourable advice-
A property is purchased by a joint individual Individuals let A and B in Yr.1966 , 40000 sq fts.
On the said property a Firm,let X is doing business, in which B along with C,D,E and F are partners.Kindly note A is not the Partner.
In Yr 1973 , Firm X leased the said property to Firm Y by Register Agreement for a period of 30 Yrs,even though property is in name of joint owners A and B.
In Yr 1975,out of above 40000 sq ft A and B sold 15000 sq ft to Firm Y.
In yr 1975 ,Firm Y after Registry in its name , kept 15000 sq ft mortgaged with the Bank.
In yr 1979,new parties take over the Firm Y with all the liablities and got Registry from Bank after paying the dues, and from that time is in possession and Firm is doing business there,also they have their tenants also.
In yr 2003 Firm X started to claim the property stating that lease period is over and they after showing the lease deed to tenants started to take rent from them.
I want to know -\
1)can firm X can do lease aggreement to Firm Y in Yr 1973,even if property is in name of A and B and only B is the partner in the Firm X and When A and B itself executed a registered sale deed to Firm Y in Yr 1975,without mentioning anything about the lease in the Registry documents?
2) In Registered Lease deed ,in property description,it is just mentioned properties is in four side of the said plot,which is going to be leased,there is not mentioned the Khasra No. of the plot ,Place <City>and Area in which it is situated and How Firm X got right in the said property.The map of the above place which is going to be leased is also not attached in the Registered Lease Deed.
In original Lease Deed properties in four side of the leased plot is written by hand whereas second copy with the Registrar contain the matter in typed.
Is the lease deed valid?
3)LEASE DEED has been executed by a managing partner "C" of the Firm X to Firm Y in Yr 1973, whereas sale deed executed by joint owners A and B in yr 1975 to firm Y through its partner who is again " C".
Note here that C is involved in both the place.
In sale deed ,it was not mentioned by A and B that the plot is a part of leased land.
The said partner C only made entered new partners in the Firm Y in Yr 1979,and left the place.
What is the legal position of new partners who became partner in Yr. 1979 ,when the firm property is mortgaged in Bank and took out the Firm from loans of Bank and is in possession till,but recently his tenant is started giving rent to Firm X?
Is lease is valid and the registry done in Yr 1975 by Original owners is invalid?
What is the position of C?
What more can new Parties can do?
Kindly give your valuable reply or opinion and oblidge.
Thanking You Sirs,
Yours faithfully,
sanjay chandak
(a partner of firm Y,who takenover the firm in Yr. 1979 with its huge liabiality.)
gaurav
15 February 2009 at 14:33
Hello,
Few days before , I applied for a reliance data card connection . They took Rs 2500 as connection cost and manager told me that there will be address verification . While I was sitting with manager in reliance comm. office ,manager sent some person for address verification . Person went to my address and asked my mother about my pan no and professional details. My mother asked him to take all the information from me by phone as she was not having all the details and afraid of giving information to stranger . He called me up and asked whether I do business or do service . I said I do both
( I am engaged in a service and a business too . My company has no objection if I do business also along with job) . After listening to this he started blabbing with me on phone that how come u can do both business and job together .I just said to him that if he is not understanding anything then he can come to his office ,I am sitting with ur manager or I will come home . But he got angry and made my verification negative and manager also didn’t say anything to him.
Person who negated my verification was a employee of third party agency and reliance has hired that agency .Later on agency owner also blabbed with me and misbehaved with me and said that we can do anything and if we put objection then even reliance can not release a connection . I took this matter to police station for his misbehaviour and he felt sorry there . I wrote a letter to anil ambani also but all in vain
Question 1 : I am angry that a 3rd party agency employee can make a verification negative because he is not able to understand the things . Can I drag the reliance in consumer court for this that how can they make verification of genuine customer negative .
Question 2 .. I signed a document of 5 pages filling my all details(consumer application form) .In that entire form I was asked no where that what is my profession. But they are asking any other person in my home for my profession and also taking their signature. I just want to ask that is it right that where I am doing signature and where I am legally bound to give true information and telling my details , I am nowhere asked about my profession but they are trying to legally bound any other person in my home regarding my profession.
Please help me in this regard .
gaurav
15 February 2009 at 14:31
Hello,
Few days before , I applied for a reliance data card connection . They took Rs 2500 as connection cost and manager told me that there will be address verification . While I was sitting with manager in reliance comm. office ,manager sent some person for address verification . Person went to my address and asked my mother about my pan no and professional details. My mother asked him to take all the information from me by phone as she was not having all the details and afraid of giving information to stranger . He called me up and asked whether I do business or do service . I said I do both
( I am engaged in a service and a business too . My company has no objection if I do business also along with job) . After listening to this he started blabbing with me on phone that how come u can do both business and job together .I just said to him that if he is not understanding anything then he can come to his office ,I am sitting with ur manager or I will come home . But he got angry and made my verification negative and manager also didn’t say anything to him.
Person who negated my verification was a employee of third party agency and reliance has hired that agency .Later on agency owner also blabbed with me and misbehaved with me and said that we can do anything and if we put objection then even reliance can not release a connection . I took this matter to police station for his misbehaviour and he felt sorry there . I wrote a letter to anil ambani also but all in vain
Question 1 : I am angry that a 3rd party agency employee can make a verification negative because he is not able to understand the things . Can I drag the reliance in consumer court for this that how can they make verification of genuine customer negative .
Question 2 .. I signed a document of 5 pages filling my all details(consumer application form) .In that entire form I was asked no where that what is my profession. But they are asking any other person in my home for my profession and also taking their signature. I just want to ask that is it right that where I am doing signature and where I am legally bound to give true information and telling my details , I am nowhere asked about my profession but they are trying to legally bound any other person in my home regarding my profession.
Please help me in this regard .
amit
15 February 2009 at 14:09
atul runs a firm having c&f of many companies & his father is a govt. servant getting a scale of 1st class. according to ledger of atul. mr.rajeev has to pay rs.2 lacs to atul according to ledger balance of mr.rajeev. after some time rajeev gave two cheques of rs.10,000/-to atul & fraudulently give a notice through his advocate making party to atul's father & second party to his atul's firm that you have not supplied me goods for which i have given u two cheques for rs.10,000/- each hence committed offence u/s 406 & 420.
here i want to ask this that can atul's father suit case of defamation on mr.rajeev? as atul's father is a govt servant & has no concern with business & what atul can do, because the cheques given in favour of atul's firm was in account of previous balance of mr.rajeev
SUMIT
15 February 2009 at 11:26
As the rates quoted by me were the lowest,the Tender was awarded to me. A formal letter was sent to me on 30.2.95 to informing that my tender has been accepted and that i have to required to deposit a bank guarantee for Rs, 10,00000/- within 45 days from date of letter. This letter failed to reach me, company meanwhile after waiting the prescribed 45 days deided to start legal proceedings and filed a suit of breach of contract. What should i do? Is the company has a power to do so aginst me ? Which section is in my favour which against?
mahendra rai jain
15 February 2009 at 07:37
Sir,
a landlord file a case against tenant for evection of shop for his son's resonable and bonafied necesity for transport business but did not present him as a witness.
so that my Question is this..
kya tenant is ground par safal hoga..ki landlord ki necessity resonable nahi hai.. if there any citation is available in this regard plz suggest me
P.Muthusamy
14 February 2009 at 20:56
I AM HAVING SELF ACQUIRED PROPERTY ALONG WITH THE PROPERTIES BEQUETHED BY MY FATHER AND PROPERTIES BY PARTITION OF PROPERTIES OF MY MOTHER.
CAN I WRITE A WILL BEQUETHING ALL THESE PROPERTEIS TO MY WIFE . I AM THE FATHER OF THREE DAUGHTERS.
KINDLY ADVISE.
kalyani choudhury
14 February 2009 at 19:54
Sir,
Is there any Limitation Act - Time Limit for giving a will for probate ? My lawyer says that a will can be given for probate only within 3 years from the death of the drawer of the will. Can you pls. give me the Act No.
Thanks Kalyani
amit kumar choubey
14 February 2009 at 19:25
Respected All,
My query is based on Three Points, Please advise-
1. I entered into a unregistered lease agreement and that agreement came to an end on Dec31 2008. But there was a clause" that lease deed shall be renewed if lessee desires, on mutually agreed term.
2.I want to file a suit praying the court to direct the lessor under specific performance Act.
3. Can unregistered lease deed be admitted as an evidence.
Pls provide any supreme court decision
covering all three points.
Waiting for your reply. its urgent.
Regards,
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document s required
I have following queries for I.T .Dept.:-
1)can i get the papers submitted in the Incometax Dept for getting permission for sale of a property in yr 1978 in Jodhpur and Raipur I.T dept.
Seller of our property is refusing now the Registered sale done in Yr 1979 by his Power Of attorney holder.In registered documents of sale, I.T Permission taken by seller U/S 230A(1) ,in Form 34A,See Rule 44(A),is also attached,which was taken by seller few months before the Registry of the said property for getting permission of sale to us.
Can we get the papers enclosed that time by sellers in I.T Dept?
If we cannot get,can we can ask I.T dept under Right to Information Act?
If still not possible can we ask the Dept. in Court about the genuiness or can we get their witness in the Court,where we filed suit on the Seller of property.?
2) After the Registry of above property in Yr.1979,we received Notice u/s 269L(2) of the I.T Act,1961 for purchasing property,by undervaluing the property.
what is the provision of the above Section?.I also want to know, to whom the notice will be served ?I meant that , I wish to know that do I.T Dept serve notice to seller also under the ACT?
3) can we file some sort of complaint to I.T dept ,about the seller,who is refussing the above I.T permission for sale of property and now he is trying to resale the property sold allready approx 30 yrs back?
4) can we take someother help of I.T Dept.?
Please help me by giving your valuable advice or opinion and oblidge.
sanjay chandak,
fafadih,Raipur
contact no 9300061575