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samsid hoda   14 August 2018 at 19:24

Ror of property

I have taken a property from govt auction 31 year back and in possesion peacfully to above proprty. We have saledeed and possession letter from the govt. But we don't have record. Now another person is claiming the part of the property in his name and has got the record. But the said property is in possesion for last 31 years. Sir/madam can you please what is legal complication. If the party (claimant) goes to court, what is chance to get back claimant property. Regards

Narendra Doulat Punwaney   14 August 2018 at 18:45

Parking rights for tenants

I am a member of CHS in Colaba, Mumbai. As I am based in Dubai, I prefer to give the apartment on leave and license.

The society has 11 stilt parking slots which are held in ownership by some Members. There are 29 open parking slots in the compound and 48 members interested in them.

With the passage of time the demand for parking has far outstretched the limited supply and the society introduced a set of rules in 2015, duly approved by the AGM, which discriminated in favour of resident members. According to the rules, the resident members are eligible to the open parking slots followed by family members of resident members followed by non resident members not leasing followed by tenants.

I have a three bedroom apartment which I would like to lease out but that is very difficult due to non-availability of parkking. Currently, some members have 3 parking slots and I am not allotted any. I believe, that all apartments shoul get the first parking before a second parking is alloted to any member.

Question is: is it legal for a CHS to frame parking rules which discriminate between resident members and non-resident members and then get it approved by the AGM?

simran   14 August 2018 at 18:40

Situation with husband

Hello everyone,
I have a situation here and really need tome genuine support and guidance with my current marriage. Let me give you a background in multiple paragraphs since it too complicated for me now. . I come from decent north Indian family where parents have always given us traditional and modern values . But my husband if from Bihar where his whole extended family has directly indirectly taken dowry for their sons. My husband and I met through a matrimonial site an and when we started talking he made me believe that his thinking is not like his extended family and very much believes in respect and equality of everyone.

We got engaged and my husband asked me to invest in a house where we can start living as soon as we get married. I got excited and emotional and hence invested (say he invested 8 lkh and I gave 6 lkh , also 50% emi I give every month and I am the co-owner as well ). but then I noticed a bit of change in his behavior as he asked me money for our honeymoon ( out of 1.6lkh to be spent, he asked me to pay 1 lkh) , which I didnot like since our marriage was about to happen in few months and already i had put my savings in the house. Then too I thought that may be he needs support right now, I was able to give him 50k for the honeymoon.

After we got married, he told me that my family did not give them any thing in tilak and took them for granted and gave nothing like TV , fridge etc ( which as per me is dowry) and fought with me on this. I wasnt able to tell this to anyone because it was hardly a week I as married to him. Then I overheard him telling his uncles that the house we bought has only been bough by him and his dad ( which made me very sad and angry since I had invested all my savings for our house and his family was trying to hide it) .

In parallel, since we had decided that after marriage we will try to move abroad for job and will respect who ever gets it first the other one will come along and try to search the job. By God's grace I got the job first and we decided to move abroad and he also got a job in the meanwhile before we moved to the new place. While we were in India I was handling all the household things , maid etc and he handled just the rent. I tried to help because I thought he would be short of money since we both would have had some responsibilities in our wedding arrangement/shopping etc. But then suddenly he tole me that the about 1 lk of money which I gave him ( out of 6lkh ) for the house , he used to pay his credit card bill for his wedding expenses. This was again alarming for me and we argued and he pointed again that my family did not give them anything .

After a month of time, both of us moved abroad with new jobs where I earn slight more than him .He started asking me money to handle every expense of house saying I have taken some debt from friends and need to return them so you can handle at times the whole expenses . Also he started saying that he needs to save money for his sister's wedding and needs to send some money to his parents and help them buy a home ( which was never told to me before wedding as he had mentioned that everyone is independent and no one is dependent on him). This was alarming for me as he even asked me that for our home we would have to take possession in the coming year and he would need money from me (which was nvr decided between us when we purchased the house. We again argued and he kept on saying your family did not give anything and took us for granted. I was shocked to see his behavior. Then he started forcing me to put min 50% of contributions in all the expenditures and mentally torturing me about the dowry thingy directly indirectly. I do not know what shall I do right now.

I am terrified that what he might have his mind and hence I had reduced giving money for household things after all what happened soon after marriage. But because of so many heated arguments I am trying to put all the efforts to make things right and agreed o give 50% of the total household expenses( rent, travel, food, grocery etc) but then he keeps on making new issues every day, for example saying that you do not give me proper food, he keeps on saying that since you earn more you should give more in everything, as per him I should not think of helping my parents as my inlaws should be my priority, he also says I left India because of you and I do not like my job( though I told him we can go back whenever you want etc). He is also now trying to sell the house we bought (though we do not have the possession yet) but since I mentioned to him that the registration/possession money is something he has to handle he got furious and said that its better we sell it. This is all mental torture to me and I cannot discuss with my parents . Even his parents keep on referring to there other daughter inlaws that they gave this much of dowry or artifacts etc.

Lot of things are verbal communication between us which even if I want to proof in future I might not be able to . But the fact is it is completely a mental torture and I do not know what should I be legally able to do in future if he makes the situation worst.

Sorry its a long post , but I would really appreciate a genuine response and guidance.

Anonymous   14 August 2018 at 18:25

Andhra pradesh endowment act 1987

from past Six years i am working in a religious institution under a non muster roll (NMR) with a minimum wages
which is not sufficient for my day today livelihood, and one of the important point there is no week off for the employees,
its comes under ap endowment act 1987.
like me many other peoples ( employees) working under NMR basis more than 10 years but still their services are not regularised
where the institution have sufficient funds to run the organisation as of now there is no any favourable things happened towards employees

please help us in this Regards

Anonymous   14 August 2018 at 17:36

Registration of court decree for division of family property

I and my brother inherited a couple of immoveable properties from our father. The same were transferred jointly in our names by the Development authority, on the demise of our parents, by executing a freehold Registry in our joint names, stamp duty based on the original cost of allotment to our father.
Subsequently, I and my brother had a dispute and the matter was resolved through a court decree dividing the family property, in which each of both the immoveable properties were assigned exclusively to each brother. When I approached the Development authority in Ghaziabad to mutate the property in my name exclusively by deleting the share of my brother, based on the terms of the court decree, they have asked for the court decree to be registered.
My question is 1) Aren't Court decrees sufficient proof of title to property? 2) In case the Court decree is essential, what will be the basis of valuation of the Decree for purpose of stamp duty? Present circle rates or original purchase value of our father?Please note that the property is original allotment and there is no sale/purchase involved.

Manoj v desai   14 August 2018 at 17:30

Property sale

Sir I want to sell a land measuring 2400 sqft the land is located in Kutch Gujarat in one of the posh locality apnanagar. Is it right time to sale as iam not need of any urgency or wait till 2019 general elections and next budget in 2019. Because property prices are falling whether any increase is accepted in 2019

Anonymous   14 August 2018 at 17:14

One of my friend purchased dd before 20 months want refund

Hello Sir,
I know before my query questions are like that but its some different so please give a time.
Sir one of my friend purchased the DD of Rs. 110000/- for an investment Pvt. Ltd. Company but DD was lost by him and next day
company had gone shut down and owners went to Police custody in fraud mental case. when we contacted to bank, they said that it will be required an Original DD or should be wait to expire DD but we have a Photocopy instead original as we have lost. After 6 months then we contacted to bank, they said that it will be required Original but now after 20 Months, is not possible to refund the money, please suggest that what I can for my money.

Thanks and Regards,

milind gawde   14 August 2018 at 17:02

Eligibility for gratuity

i was working in multinational engineering organisation joined on 18/11/2013 & my service ends on 30/07/2018 due to non project work.
In this case whether i can claim for gratuity?

Anonymous   14 August 2018 at 16:45

Bank enforcing to vacate the house

My friend has taken a Home Loan (India Bulls, Chandigarh) from a Bank and since last 8 months he got into an extra marital affair and run away from his house leaving his wife and 1 year daughter. He is not paying EMIs since last 5 months.

His wife has filled some case for paying the expenses for them to live but the man is playing smart and not appearing in the court.

The poor girl is being threatened by the bank to vacate the house but they have not sent her any notice till date. Her name is also on the loan documents. The man is asking bank that he will pay only when they will remove the girl from the house.

Today again bank called the girl and said that are going to auction the house in next week and claiming that they sent a notice to her via speed post which she never received.

The bank also claims that they filled a case against the cancelled checks these 2 have given in Gurgaon court and the boy paid against his checks in the court.

We are not sure what is happening. The girls parents are ready to clear the loan if the property is transferred to the girl's name but the bank guy is not accepting that as well.

What can the girl do in this situation?

b B Raju   14 August 2018 at 16:43

Police protection

A civil suit was filed against the defendent for trespassing and the same was decreed. To execute the decree a EP was filed praying to arrest the judgement debtor and send to civil prison for not complying the court orders. The EP was not moving further and getting delayed due to one reason or other. Now without pressing the EP can any IA be filed in the decreed suit for police protection for constructing a wall to stop judgement debtor from trespassing
.