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sridhar   22 December 2020 at 18:08

Rwa elections

Sir our RWA Vaishnavi nakshatra appartment owners association is registered under society act of Karnataka.
we have a byelaw duly registered.
post of secretary was vacant after he resigned and a coopted member was fulfilling the duties.
Elections were to be held for secretary as per the bye laws . As only one candidate filed for nomination, the EC announced single nomination. and hence no elections were necessary.
the EC has not announced the results, but sent a mail that there is a single nomination only, on the date for filing nominations expired.
In our understanding the secretary is elected unopposed and can assume charge of office.
THe elected member has not been given charge of his post, the MC claims that the election results are to be tabled in the AGM and approved.
So the secretary cannot take charge.
is this correct procedure. can you clarify

Anonymous   22 December 2020 at 17:16

Specific performance

A person entered into registered agreement to sell for some land. During agreement seller sold some piece of land which he entered in agreement to sell. What remedy purchaser will get from court of law after filing specific performance case. Any case Law. Thanks

Read more at: https://www.lawyersclubindia.com/default.asp

umesh HALKAR   22 December 2020 at 17:01

Municipality e aasti

Sir
Based on Munsipality E aasti documents can purchase property or RTC land records khata transfer also shall refer. Since New ownership name is not appear in RTC and old owner name not deleted as per latest rules at karnataka Local advocate not guiding properly.
Regards

Anonymous   22 December 2020 at 16:45

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Anonymous   22 December 2020 at 16:19

False information by my employer

. I worked under CSIR NGRI Hyderabad whose jurisdiction is CAT hyderabad for 12 yrs and qualified to get pension
2. I technically resigned and joined IIT Indore and obtained lien for 1 year
3. I again resigned technically and joined IIT Madras whose jurisdiction is the High court of madras. I was terminated by Sl.No.3 based on Sl. No.1 wrong intimation about my CLASSIFICATION OF POSTS particulars. WP was in my favour and WA against me and SLP dismissed.

I request you to kindly clarify to me can i now approach CAT Hyderabad and pursue my Sl.No.1 as he has not maintained lien and not settled my pensionary benefits and did not communicate correct information to Sl.No.3 which resulted in my losing all the 3 jobs. I was sent to
IIT Indore on public interest. If I was not suitable at IIT Indore why did they forward my application and later communicate to IIT Madras that i am not suitable for the same position. I am holding the post of Group B from the beginning and employer has no role to decide the classification only the Ministry.


Can CAT Hyderabad refuse to entertain my OA saying the matter has already been adjudicated. But then can i put up the argument the cause of action arose here and the relief sought here is different from the relief sought in High Court where we fought the termination order alone.
and moreover CSIR NGRI Hyderabad was only a Proforma Party. Please clarify as per your point of view. what ABOUT MY PENSION OR LIEN CAN I ASK FOR REINSTATEMENT AT MY FIRTST EMPLOYMENT WHERE I HAD LIEN.

Anonymous   22 December 2020 at 14:20

Arbitation case with cane society on illegally increased the

I am tenant of Cane Society UP shops. Cane society had increased rent 10 times in a stance by SDM which was not the authority for the same. even nagarpalika market shops are not charging the same amount. I had filled a arbitation case with Cane Society in 2014 under which stayed was granted and matter still under jurisdiction of Civil Court Ghaziabad. Since 2012 no rent (new and old) have been deposited with court and cane society is not accepting old rate rent. Even the matter still in court, Cane society verbally threatening for deposition of outstanding rent on new rates.

My question is

1. Can we file a fresh appel with court to accept outstanding rent on behalf of can society and further monthly rent will be deposited with them.

2. Since we have to do our business and if we paid increased rent to cane society then whether on basis of that arbitration suit gets cancelled or set aside on that proof.

3. Since matter under jurisdiction of court hence, can Cane society tranfer the shops to someone else being non payment of rent. Is it possible...

Beyond the aforesaid if any new suggestions on the same may pl be given..

Anonymous   22 December 2020 at 13:06

Access to water tanks and car parking

Hi Good Morning. I live in Ghaziabad, U.P. and owns a builder floor (Ground) in a three floor building. I have two queries.

1- Our water tanks are on top of building. 2nf floor owner says he has floor rights and he has constructed an Iron gate after 1st floor stairs which remains always locked. 2ndly he has build a shed on roof with half bricks, iron angle , Glass and plastic sheets. Whenever we have to check our water tank, we need to ask him to open the gate. It is very frustrating to beg for our rights. Many time they are on holidays and we do not have any way to look after our water tanks. Neither he is ready to give a key to us. What should i do in this case.

2- I have a separate Iron gate in front of my floor apart from a common gate for all floor. Usually we two (GF and FF) parked our cars in front of my separate gate but for last 10 years i could not open this gate the iron gate got broken due to corrosion. I built a new iron gate but now i want to use this gate for my day to day usage however, the FF owner not ready to remove his car. He says he also have share on this parking. The 2nd floor owner parks his car outside the colony gate. I tried convincing the FF owner that this is my our personal gate but he is not ready to understand. What should I do? Looking forward for your valuable suggestion.

Regards
TRS

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   22 December 2020 at 02:23

Termination of consultancy agreement

I have consultancy agreement for three months, executed on 29 Oct 2020.I am not able to perform the duties due to personal problems. Let me know how to terminate the agreement?

Mohammed Vaid   21 December 2020 at 12:49

Tpa denying cnvm retina treatment claim.

Hi,
I am working with TATA Consultancy Services Limited, and we have corporate mediclaim policy.
Yesterday my Eye Dr. advised me to undergo CNVM retina treatment, where he will give me Anti-VEGF injections inside my eyes as I am suffering from bleeding problem on my Retina.
As per the doctor this needs to be treated urgently without any delay and doesn't requires hospitalization, otherwise it can lead to complete blindness. I just have to visit him and he will give injection into my eyes and will let me off, the whole procedure would be of 10 mins.
He informed me that this treatment is covered under Mediclaim policies and as per him this is approved by IRDA too.
I raised this query to our company's TPA "Medi Assist Insurance TPA Pvt. Ltd." and they are denying to pay for this stating that it is not covered in policy.

I need help on this. Can you please advise is this covered as per the law or not.
If they don't agree to pay, what rights do I have to claim for the same and to which authority should I plea.


Anonymous   21 December 2020 at 09:20

Poa for "assignment agreement" to transfer flat

Hi,
Myself and my wife (both residence status NRI) jointly booked a flat in Bangalore in one of the Prestige projects. We got the possession of the flat in Nov-2018. We could not register it because of we could not travel to India.
Now we want to sell this flat. Because this flat is not yet registered in our name, transfer of flat will happen from us to buyer within Prestige only, then buyer can go for registry directly with Prestige.

To start the process agent said we need "assignment agreement" to be signed between us and buyer.
Since we are not in India, buyer is asking for Power of Attorney who can sign "assignment agreement" document.

My questions are:
1. Can I give Power of Attorney to my friend living in Bangalore to sign "assignment agreement" because my parents are not in Bangalore? Will this be accepted?
2. If friend is not possible and only blood relatives can be given PoA then for me it's fine, I can give PoA to my father but can my wife also give PoA to my father (her father-in-law)? Does father-in-law is considered blood relative for PoA in property matters?
3. Since this is not the registration of the property and it's internal transfer within Prestige, do we really need to give PoA to blood relative? During this Covid time, I don't feel safe for my parent to travel from UP to Bangalore.
4. Can I use any registered property management company (who is currently managing my same flat) to sign "assignment agreement" on behalf of me?
5. Finally if I have to give PoA then for "assignment agreement" do we need to register the PoA in the local sub-registrar office in Bangalore?


Thanks.