adv. rajeev ( rajoo )'s Expert Profile

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Ghanshyam says : Partnership Dispute
Hello There I would require Some EXPERT advice only, please Guide iam in a deep Trouble I had started a partnership firm with one of my friend and his friend, In total we are 3 partners A,B & C and we had invested around 15 LAC in total With a ratio of A= 40%, B= 40%, C= 20%-(silent partner). I and my friend had a share of A= 40%, B= 40%. We started this GYM (FITNESS CENTER) in the year 2006, the place was taken on rent, the rent deed was made on my friends name and we had invested around 10 Lac on interior modification & furniture We had made a partnership deep on a stamp paper of just RS-500 and duely signed by all the 3 partners, (Notary done) , but we had not registered the deed (since proper guidance was not provided to us by the lawyer), and in the deed it was Cleary mentioned that, â€¢ The Bank account will be operated by both the partners, and will be used for Business purpose only. â€¢ New machinery or loan will not be taken without the consent of all the partners. â€¢ If any partner retires he needs to give 1 month notice in advance. As per the discussion held between all the partners we gave the right to Mr B to operate the account. I & Mr B had decided to sell off the GYM as it was not running successfully, but at the last moment Mr B denied and told that he will run the business, he is not interested in selling it off So I gave a verbal notice to Mr B as he was interested in running the business in may 2008 & told him to pay me my share, which he agreed on. But as there was no result I gave him a written notice on a piece of paper on APRIL 2009 That I wish to withdraw, profit was not shared with me since 2008,. I DID NOT receive my share of withdrawal money till date, So officially iam still a partner in the business In the month of June 2009 Mr B sold off the old machinery and brought NEW MACHINERY ON A LOAN of RS 8 lac, without the consent of the other partners ( which was without the rule as per the partnership deed) And as the SHOP ESTABLISHMENT LICENSE had expired, Mr B made a new license with only his name as a proprietor. I had lended a loan of appprox Rs80,000 / - a friendly loan by using my credit card to Mr B (which Mr B promised to pay and had not yet paid, he is been paying just the minimum payment since the past 18 months, due to which my credit worthiness has been spoiled in the banking industry) And when I checked the accounts I found around 3.5 to 4 Lac of Cash entry was missing from the records, entries was present in the BANK passbook but not in the collection book.(this was done by MR B) Now Mr B is telling that as per the government rule there will be a deduction of 15% PA on the amount invested. & the amount invested for modifying the plot will also be deducted from my share as the plot has to be brought in its original state when we windup the business( but he is not interested in winding up the business for the next 5 years) I am also eligible for Royalty as the business has become a good BRAND name in the market Now please guide me the steps which I should take so that I can recover my money since I have given him a written notice in April 2009 I should receive Amount +Interest + the profit+ Royalty. IF WE CAN STOP THE FUNCTIONING OF THE GYM, this will pressurize Mr B to pay MY MONEY FAST PLEASE GUIDE ME WITH ACCURATE STEPS TO STOP THE FUNCTION OF THE BUSINESS WHICH WILL HELP ME RECOVER THE MONEY.

NIKLESH MAHAVIR KALA says : THIS CASE IS ABOUT CRIMINAL CASE.....
Namaskar SIR, which case will be impose and what section will be applicable if " a dead good looking women gone for postmordam and there by the people there done some sexual thing with her and her relitive come to know about this offence then which section should they impose on the Person doing postmordam and where the women relitive should file a case in which court respectively?" pls help me realiting this case......

Anupa Chakrabarti says : Transfer of part ownership
My husband died last year . He purchased a flat in his own name and registration was not done before his death. I am told that In my husband's absence I have 1/4th share, the other shares being held ny my 2 minor daughters & my mother-in-law. Now my mother-in-law wants to give her share in favour of my 2 daughters under the condition that the flat cannot be sold until my younger daughter reaches 21 yeras of age. Now my queries are: 1. How should this tranfer be done? 2. once the transfer is done can I register the flat in my & my daughters' name? Mr. Vardali: Thanks but I did not understand your answer fully. Can you be more specific? Mr. Vishal: Thanks a lot. How will my mother-in-law transfer her portion to my daughters' name - 1.on a non judicial stamp paper? 2.if yes, rS. 10, 20, 50- which stamp paper- how should I decide? 3. It should be signed by how many witnesses? 4.Should it then be registered? 5. Is anything more is needed? Expert : rajeev s vadrali Posted On 04 March 2010 You told your husband purchased the flat but it is not regd., When it is not regd., how come your husband was the absolute owner. Any way either you or your mother in law can get regd., sale deed or get the regd., sale deed jointly. After getting the regd., sale deed in your name or your MIL's name. The sale deed in whose name it is executed she will be the absolute owner. If your MIL wants to give her share to your minor daughters, she will have to execute the rights relinquish deed. It is to be regd. I think there is minimum stamp duty for it. It is not necessary to write on the stamp paper, because sub registrar will issue the stamps. Wittness is necessary. If it is regd., it is well and good, if it is not regd., then it may leads to litigation after some time. MR. VARDALI, Thanks a lot. I am saying that my husband is the owner because there was an agreement on court paper between him & the seller, the possession & allotment letters were in his name only. You are saying that either MIL or me or both can get it registered and get sale deed. " eITHER" OR " Both"- how can we decide? What is the rule? How can the rights relinquish deed be executed? What should be the value of the stamp paper? On what should it depend?

Kumar V says : Gratuity Payments and other payouts of deceased
My mother expired in the year 2005 and was working in Punjab Govt. Department since 1982.The time she expired a vigilance case was pending against her for which once the judgement came against her in the year 2000, against which the case was filed/appealed at higher court. In the whole tenure since her joining to the Dept. she was not suspended for even a single day and was serving to Punjab Govt. the day she expired. but the Gratuity/PF/Pension and other payouts which are normally given the legal hire of the deceased are still not paid. Kindly suggest whether the department at their own discrition can hold the same or is there any law pertaining to this to hold all the payouts of deceased if any such case/judgement of court is pending the time of demise of an employee. Kindly suggest.. how i can file a case from our side to get all the dues..????

rajendra nahata says : urgent
# Respected sir, kindly help i had a counter claim pending..but subsequently the suit was withdrawn without my knowledge and the file was sent to record room along with the no comments on counter claim .i want to revive it kindly tell the duration of revival of claim any limitation please help..it was the judge mistake...

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