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Anonymous   02 September 2023 at 18:17

Release of property documents

I mortgaged my property for a home loan(myself as principal borrower) with co applicant as required by bank. for the release of documents they want consent from co applicant who is not available now, what to do

AMMEY ASHOK SAKHARDANDE   02 September 2023 at 16:44

Public notice withdraw given by society to developer

Hi sir. Greetings for the day.

We would like to know if public notice given by the society for redevelopment of project for termination and no transactions to be done can be withdrawn. Is it possible.

Sourav Mukherjee   02 September 2023 at 15:25

Formation of association: whose responsibility?

The RWA for our residential complex is to be registered under the West Bengal Apartment Ownership Act. This complex has LIG, MIG & HIG segments whose facilities properly demarcated and mentioned in deed. However there are few facilities which are common across all segments e.g. STP, SWP, Fire Tank, etc. The builder was initially in favour of creating one RWA and then create multiple sub committees under that for each segment. However, the residents are in favour of creating one RWA for each segment and form a federation to take care for the common facilities. The builder has agreed to 2 or more associations but are mentioning that this has been taken care by the owners. They will only provide relevant documents when required by the law for the formation. The have only once Fire NOC, one sanctioned plan. one water connection for the whole complex but has been shared with the residents. Please let me know who has primary onus to form the association, owners or Builder.

Dhaval Pandya   02 September 2023 at 14:37

Registered will

Sir my father is dead he made registered will he is writing that my wife alive not to sell property but now a days she wants to sell property she is owner in society share certificate society is said that we are not trasfer your flat and we and my sister is ready to give noc of flat pl give advise how sell my property

Anonymous   02 September 2023 at 14:15

Executive order over riding rules of article 309

Sir,

Pension to govt servants is protected in Article 309.But without promulgation under Article 309, 

1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.

2. Again, a fresh PFRDA ordinance was notified immediately. 

3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.

4. Till that time, an executive order notification was over riding pension rules of Article 309.

I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.

In view of the above, the implementation of NPS can legally valid only  after it became law. Can we approach court on the above contention?

Thanks in advance

Anonymous   02 September 2023 at 12:36

Executive order over riding rules of article 309

Sir,

Pension to govt servants is protected in Article 309.But without promulgation under Article 309, 

1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.

2. Again, a fresh PFRDA ordinance was notified immediately. 

3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.

4. Till that time, an executive order notification was over riding pension rules of Article 309.

I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.

In view of the above, the implementation of NPS can legally valid only  after it became law. Can we approach court on the above contention?

Thanks in advance

Anonymous   02 September 2023 at 11:57

Conveyance of private land (not a society)

Hello Experts,
We stay in a property which was bought in lease of 99 years by our late grandfather in Mumbai Suburban area.
The property was bought in 1959. The property card has our grandfather's name as the lessee along with the name of the lessor.
Can this property be applied for conveyance or is eligible for deemed conveyance like it is for housing society's?
If yes, please guide us through the process.

R Shah   01 September 2023 at 23:43

Condone delay petition not accepted

1,2,3,4 we as a oponant declared as ex-parte and when our advocate filed Condone Delay application , he said not accepted and then he sent the applicaion with answer and refuse answer everything to plaintif through Register AD and served. Case is at Gujart we are at Mumbai. oponent Main no 1 is at Ahmedabad and 2 and 3rd we are at Mumbai not served properly as the address is wrong and ad given in Gujarat paper.

is is correct way - Advocate says he will appear and will present on next date and the court will aceept it.

What is correct - ? I will be thankfull if guide and please share contact also for help

dipankar   01 September 2023 at 20:53

Jurisdiction of magistrate in sec 97 crpc

I want to lodge a case under sec 97 crpc.my wife and son has been wrongfully confined in Jharkhand and I am from bengal.so can I move sec 97 in Bengal? As the law states ANY Magistrate can issue such a order.whether that ANY word, refers to anywhere in INDIA.

Anonymous   01 September 2023 at 18:53

Cheating employer

I am worked as a software developer, I have a health issue I was take for one week and send the letter to Hr department they are call back and said that "once your health cure you can join and can take one month leave" my health cured after 20 days I call back ask for joining they are said to me your are terminated and consider as abscond because you are not said to me and not taking permission with us
They are taking final settlement last month salary compansated and they are giving even reliving certificate and payslips after that it will difficult get the job with out experience certificate