A V Vishal's Expert Profile

Queries Replied : 5092

+ View Full Profile

What kinds of questions I can and can't answer?

My area of expertise

My experience in the area (years):

Organizations I belong to:

Publications or writing which has appeared :

Educational credentials:

Award & Honors:

MAHAVIR JAIN says : BANKING LAW
I AM HAVING A PRIVATE LIMITED COMPANY REGISTERED UNDER COMPANIES ACT 1956 HAVING 4 DIRECTORS, BY RESOLUTION OF BOARD TWO DIRECTORS ARE ALLOWED TO OPERATE BANK ACCOUNTS. DUE TO CERTAIN DISPUTES BETWEEN DIRECTORS TWO OF THE DIRECTORS WHO WERE NOT ON SIGNING LIST GAVE AN APPLICATION TO THE DEALING BANK & ASKED TO MODIFY ACCOUNT & MAKE IT NO DEBIT ACCOUNT. WHETHER BANK CAN MODIFY ACCOUNT IN SUCH SITUATION WITHOUT TAKING APPROVAL OF BOARD IF NO WHAT REMEDIES ARE AVAILABLE TO COMPANY & DIRECTORS.

Manisha says : Daughter' property right
Dear Vishal, IO beg you precious advice on the cited matter. My mother’s father has expired in the month of Nov 2009. Now the survivor left are his two sons and daughter (my mother), all are married. My mother is the eldest one. Her father has left a flat and a commercial place in mumbai. After his death my maternal uncle was fighting for the property so my mother has voluntarily agreed to leave her share in that property as she don’t want to spoil the relation with her brothers, so in the month of Dec. 2009 she has given indemnity bond of no objection which is only notaries and still not registered to the chairman and in front of all the members of that co operative housing society in a meeting held by them mentioning that flat to be transferred to her brothers name. Now that whole building has gone into redevelopment and both her brothers are getting two flats at different floor and huge amount of corpus. Our financial condition is not good so my mother has asked for some financial help from her brother and both has denied keeping the relation with my mother. This property is in Mumbai and valued of corers of rupees. Now my mother is thinking that she had done the wrong thing of leaving her share in that property. Can you help me in solving my quarries? 1) Can a co operative housing society can transfer the share only on that indemnity bond and without asking for succession certificate. Is it valid? 2) Can she still claim for her share in that property as the same has gone into redevelopment and MOU has been signed by builder? If yes How? 3) If we want send the legal notice to whom should we sent it? (To builder, to cooperative housing society or to both the brothers?) 4) Can she can claim her rights in all the property which has left behind by her father like: - Flat, owned commercial place, fixed deposit and cash in bank, Jewelry. 5) Let say if we will go to court for the help how much it will going to cost us? I really appriciate your eairly reply. Thanks Manisa Arora

shrikant chede says : theft case u/s 135 of I.E.Act
Electricity theft is detected under section 135 of Indian Elecricity ACT 2003 The accussed pay the assesment amount and compounding charges in order to avoid lodging of F.I.R . afterward made complaint to electrical inspector under section 127 of Indian Elecricity ACT 2003 , In above Act electrical inspector has no power to deal with matter connected with section 135 ,the elecrical inspector givesorder to refund the money to the accussed ,In this senario what should bedone? is it advissable to file writ in Hon'ble High court to quash the order issued by the elecrical inspector ,who has no power in law to pass the order What is the procedure to quash the order issued by incompetant Authority Thanks in advance for reply

Raju says :
Dear Sir, Could you please answer my post. I really need experts opinin to take this case forward. Kindly help me. Here is the post: Forum Home > Property Law > Property Dispute between Brothers/Sisters

DR SURESHA G says : illegal will & gift deed
Dear Sir/Madam My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003. Then we compromised before elders of the society and the shares were allotted as follows: 1. Plaintiff i.e. me. 2. My father and my mother 3. My uncle-1 4. My uncle-2 5. My uncle-3 6. My sister-1 7. My brother joint name with my father. A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder. Everything was fine up to 2007. Me and my parents living together and my brother was living separate. I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income. In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him. Once again I got the abroad placement in Jeddah, Saudi Arabia. Because of mild heart attach he was in hospital in Jan 2008. During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my fatherâ€™s consent. After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi. From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parentâ€™s share which was previously written a will to me. Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed. I request your kind self to clear my doubts. 1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents? 2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter. 3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ? Please clarify my doubts. Since 6 months i am waiting for your opinion . Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother Please let me know about the consequences. Very Truely yours Dr Suresh

Click here to see all answered queries

Comment Please

Other LCI Experts

Rajendra K Goyal
Queries Replied : 53581

Raj Kumar Makkad
Queries Replied : 44370

Devajyoti Barman
Queries Replied : 34799