Go Back   Team-BHP > Around the Corner > Shifting gears


Reply
 
Thread Tools Search this Thread
Old 27th February 2013, 20:05   #61
BHPian
 
abdriver2000's Avatar
 
Join Date: Feb 2004
Location: Mumbai
Posts: 330
Thanked: 23 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

I want to transfer the tenancy rights from my late father's name to my name. I have been staying in this house since birth and now have a wife and 2 kids too.

1. Can the landlord insist on transferring the tenancy rights to my mom only? My mom is willing to give NOC in my name, but can the landlord still insist on transferring to the eldest person in the family?
2. What is the max. permissible rent increase the landlord can demand? If this increase is unreasonable, can I continue to stay with the tenancy still in my late father's name?

Just FYI, my grandmother moved into this house sometime in 1939-40. After her death in 1991, landlord took 3.5 years to transfer the receipt to my father's name.
abdriver2000 is offline   Reply With Quote
Old 5th March 2013, 18:35   #62
BHPian
 
nura's Avatar
 
Join Date: Feb 2007
Location: Kolkata
Posts: 585
Thanked: 8 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

A close relative is looking to buy a ready apartment in Kolkata.
He has found several "resale" flats. In each case the seller has a "letter of allotment" from the builder. If my relative agrees to buy & pays, the seller will give a letter to the builder saying the seller is "nominating" my relative. The conveyance deed will finally be done between the builder & my relative. The seller will be paying a fee to the builder for accepting my relative's nomination.
Should my relative go ahead with this transaction?
Sincerest thanks in advance for your reply.
nura is offline   Reply With Quote
Old 6th March 2013, 12:21   #63
BHPian
 
rki2007's Avatar
 
Join Date: Nov 2009
Location: Bangalore
Posts: 664
Thanked: 138 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi Bhpians,

Can someone suggest a good lawyer who is an expert in Property document legal title verification.If it is not right to share the names over the forum then please PM me.

Thanks in advance.
rki2007 is offline   Reply With Quote
Old 27th March 2013, 16:11   #64
BHPian
 
Join Date: Feb 2006
Location: Pune
Posts: 487
Thanked: 110 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

I had a credit card from SBI Cards back in 2001 which was stolen sometime in 2002. My credit limit was Rs.10,000 & after the card was stolen I had reported the issue to the helpline service & also cleared my dues within 2 months.

I recently received a call from the SBI Cards collection department in 2012 asking me to pay close to INR 2 lakhs which was outstanding. After several reminders they finally sent me a statement which contained all the transactions of my card, this included the concluding payment of Rs.10,000 also.

The statement (sent in an excel format) also contained other card numbers which I did not recognize. On inquiring with their helpline first they told me these were add-on cards, then later they said those were not my card numbers & they couldn't divulge any information.

After multiple emails to Divya Dhody (VP-Customer Relations-GE SBI Cards) her associate Vishal Fernandez called me. I explained the entire episode to him & asked him why they had sent me a statement containing transactions not belonging to me. After which Vishal stopped calling me saying it was a mistake.

I could not digest the fact of how can SBI Cards send me a false statement & try to collect dues for someones else's card transactions?

I have all the email communication with Divya Dhody & call records to prove my conversations with their call centers & also Vishal Fernandez.

I want to file a criminal case also adding harassment, humiliation, falsification of records. I want to file a case & asking for compensation from SBI Cards for the mental harassment caused to me & my family members, for causing potential damage to my reputation in my current company.

What kind of compensation can I file a case for & how much time will it take? Would this make a solid case?

Your responses would be greatly appreciated.
mb_jg is offline   Reply With Quote
Old 3rd April 2013, 17:19   #65
BHPian
 
snkjr's Avatar
 
Join Date: Jul 2012
Location: Big Pear
Posts: 101
Thanked: 73 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

People with knowledge of company affairs/laws and business structures in India: -

Is a director of a private limited company registered anywhere in India considered to be self-employed or a regular employee of the private company?

Particulars: -

1. In this case there are two directors, both having 50% stake in the company,
2. Both draw monthly salaries (that's why I think they ought to be considered just like employees, but my opinion doesn't count as I'm no expert in these things).

Thanks in advance boys and girls.
snkjr is offline   Reply With Quote
Old 4th April 2013, 05:04   #66
BHPian
 
Join Date: Oct 2008
Location: Delhi/Cuttack
Posts: 372
Thanked: 176 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by snkjr View Post
People with knowledge of company affairs/laws and business structures in India: -

Is a director of a private limited company registered anywhere in India considered to be self-employed or a regular employee of the private company?

Particulars: -

1. In this case there are two directors, both having 50% stake in the company,
2. Both draw monthly salaries (that's why I think they ought to be considered just like employees, but my opinion doesn't count as I'm no expert in these things).

Thanks in advance boys and girls.
In what context are you asking this. From an employment law perspective (regarding tenure, compensation, PF issues), it will be determined on basis of the contract between the company and the director. For example, a non-executive director who just attends the board meetings and is paid a per diem for that, may not be an employee of the company. Someone who is paid a monthly salary on the basis of a contract is generally an employee of the company, with pf (and other statutory benefits) being paid by the company. From a tax perspective, the answer should be the same, but I would check the IT Act.

The amount of stake they hold in the company is irrelevant to the question. Just focus on what the contract says.
manolin is offline   Reply With Quote
Old 4th April 2013, 15:25   #67
BHPian
 
mannubhai's Avatar
 
Join Date: Dec 2008
Location: Bangalore
Posts: 409
Thanked: 285 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by mb_jg View Post

I have all the email communication with Divya Dhody & call records to prove my conversations with their call centers & also Vishal Fernandez.

.
Im not a lawyer so would not get into the legalities.

1) Did you check your CIBIL rating ? Is this " outstanding" reflecting there ? This can hamper your credit score drastically and can have a severe impact.

2) Have they given you a no dues letter after all these interactions ?
mannubhai is offline   Reply With Quote
Old 4th April 2013, 18:18   #68
BHPian
 
Join Date: Feb 2006
Location: Pune
Posts: 487
Thanked: 110 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by mannubhai View Post
Im not a lawyer so would not get into the legalities.

1) Did you check your CIBIL rating ? Is this " outstanding" reflecting there ? This can hamper your credit score drastically and can have a severe impact.

2) Have they given you a no dues letter after all these interactions ?
Yep, it shows on my cibil report. They (SBI Cards) haven't responded to the last email I sent them asking for any updates on the case. I was directed by a friend to file a complaint on the RBI website with their omsbud person. This was a week ago & still no response.

They have not given a no dues letter, SBI Cards has been circumventing the case since they realized they were trying to collect monies from me by presenting account transactions of 7 different card numbers which belonged to others.

It's been pure agony trying to figure out the mess they've created in the last 3yrs.
mb_jg is offline   Reply With Quote
Old 25th April 2013, 23:38   #69
BHPian
 
arjyamaj's Avatar
 
Join Date: Apr 2008
Location: NCT
Posts: 69
Thanked: 23 Times
Default

Quote:
Originally Posted by snkjr View Post

Is a director of a private limited company registered anywhere in India considered to be self-employed or a regular employee of the private company?
While directors might be drawing a monthly salary, which (presumably) isnt based on the performance of the company, like any other employee, directors dont fall under the purview of an employee. This is primarily because they're considered to be 'management' and not 'workmen' (aka employees).

Also appointing and getting rid of a director isnt the same process as that of an employee.

PM me if you need further clarifications.

Quote:
Originally Posted by nura View Post
A close relative is looking to buy a ready apartment in Kolkata.
He has found several "resale" flats. In each case the seller has a "letter of allotment" from the builder. If my relative agrees to buy & pays, the seller will give a letter to the builder saying the seller is "nominating" my relative. The conveyance deed will finally be done between the builder & my relative. The seller will be paying a fee to the builder for accepting my relative's nomination.
Should my relative go ahead with this transaction?
Sincerest thanks in advance for your reply.
I dont see a problem in this as long as there is an endorsement on the allotment letter saying that the allotment has been transferred to your relative. Most standard forms of allotment letters have an appendix for endorsements. A mere 'nomination' would not do. In a nomination, the nominee steps in only on the death or incapacity of the primary allottee.

Quote:
Originally Posted by amitpunjani View Post
Thanks Buddy! I have been told its straight forward process, but the issue is Time and more than that its issue of getting hold of the rite person. I don't mind spending a bit but want to get the work done in one visit. We both are working, not possible to visit again and again court.

As you ritely mentioned,the key is to get hold of rite person.

Thanks for your help

Amit
You actually dont need a lawyer to get your marriage registered. I got married without having to hire one. The fact that I'm a corporate lawyer should tell you that I didnt have a clue as to marriage registration before I got married.

In your case, you want to register a marriage which has already been solemnized (blessed under whatever religion you follow). What you need to do is find out where the marriage registrar sits in gurgaon (its usually at the district court), go there to do a recce first and find out what all they need. I got my marriage registered in Delhi and each state has its own peculiarities. After the recce, you can come back on a later date with all the documents and people you need. You would most likely need the following documents/ evidences:
  1. A proof of identity
  2. A proof of address
  3. Your Class 10 marksheet (and this is the only thing they use to determine your age)
  4. Three passport sized photographs of you and your wife
  5. An affidavit from each of you saying that you both are of sound mind and of legal age to be married
  6. An original and a copy of your marriage invitation card
  7. Two photographs of your marriage ceremony (if you're Hindu, one of them should be of the saptapadi)
  8. Three witnesses who were present during your wedding.

Before I forget, you also need loads of patience. Working around the Indian courts is like . The clerks will try to stall the process (to get you to cough up speed money), just be patient and sit on their heads and dont lose your temper.

I needed three trips to the marriage registrar's office in East Delhi. It took 4 hours of waiting for a 10 minute ceremony in the blistering June heat. Here were my costs:
  1. Stamp paper for the affidavit- 200
  2. Passport sized photographs- 60
  3. Fee for the certificate- 150

Total cost= 410 (not including the petrol cost and celebratory lunch afterwards)

Oh and congratulations on getting married

Mod Note: Please use the EDIT or MULTI-QUOTE buttons instead of typing one post after another on the SAME THREAD!

To know how to multi-quote, click here (How to MULTI-QUOTE (when replying to a thread) on Team-BHP).

Last edited by Rudra Sen : 7th May 2013 at 15:20.
arjyamaj is offline   Reply With Quote
Old 26th April 2013, 09:01   #70
BHPian
 
amitpunjani's Avatar
 
Join Date: Jul 2007
Location: Delhi
Posts: 451
Thanked: 99 Times
Default Re: Marriage Registration

Quote:
Originally Posted by arjyamaj View Post
You actually dont need a lawyer to get your marriage registered. I got married without having to hire one. The fact that I'm a corporate lawyer should tell you that I didnt have a clue as to marriage registration before I got married.




Before I forget, you also need loads of patience. Working around the Indian courts is like . The clerks will try to stall the process (to get you to cough up speed money), just be patient and sit on their heads and dont lose your temper.



Total cost= 410 (not including the petrol cost and celebratory lunch afterwards)

Oh and congratulations on getting married

Dear Arjyamaj,

Really appreciate your guidance! What we lack in today's society including myslef is loads of patience. I bargained patience for Rs 6,500. Hired a lawyer, he did all the paper formalities and running around. The most toughest part for me was gathering all the witnesses at the same place and same time, which was also done.

With 20 days i got the certificate.

Even i did also realized that Rs 6,500 was not required to pay.... but sometimes we need to .

Thanks ones again for your guidance!

Amit
amitpunjani is offline   Reply With Quote
Old 26th April 2013, 12:07   #71
BHPian
 
nura's Avatar
 
Join Date: Feb 2007
Location: Kolkata
Posts: 585
Thanked: 8 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by arjyamaj View Post
I dont see a problem in this as long as there is an endorsement on the allotment letter saying that the allotment has been transferred to your relative. Most standard forms of allotment letters have an appendix for endorsements. A mere 'nomination' would not do. In a nomination, the nominee steps in only on the death or incapacity of the primary allottee.
Thanks for your excellent reply.
nura is offline   Reply With Quote
Old 1st May 2013, 14:14   #72
BANNED
 
Kool_Kid's Avatar
 
Join Date: Jun 2006
Location: Delhi
Posts: 165
Thanked: 15 Times
Talking Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi All,

I wish to get my mother will registered with court / magistrate. This is to ensure that no one can raise objection / create another will later on.
This is due to a recent bad experience with one of my relatives where we saw four wills with different relatives nominating then self’s for the property. This was done using her signature on blank paper. I wish avoid the same situation.

Kindly guide on the best process possible .
Kool_Kid is offline   Reply With Quote
Old 7th May 2013, 14:33   #73
Senior - BHPian
 
fine69's Avatar
 
Join Date: Dec 2008
Location: New Delhi
Posts: 1,394
Thanked: 839 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

My case of a credit card fraud committed by someone from inside ABN AMRO Bank has come to haunt me in form of my credit rating in CIBIL report. However, the name, instead of the bank, appears as Phoenix ARC which is an asset reconstruction company.

Their office is only in Mumbai so how does a consumer (me) approach the court when I'm in Delhi and the other party in Mumbai? Can I somehow file the case in New Delhi somewhere?

Last edited by fine69 : 7th May 2013 at 14:37.
fine69 is offline   Reply With Quote
Old 14th May 2013, 13:03   #74
BHPian
 
Join Date: Mar 2010
Location: Delhi
Posts: 72
Thanked: 30 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Hi Friends

I have been unknowingly used as a personal reference on a loan application for neighbour of mine and that person has not paid back the personal loan that he has taken from HDFC. Now the HDFC people are calling me(called me already three times) asking me to contact this person and have him call them. I went out of town and could not call this person and neither i want to get in this mess. The loan company says that if I cannot get this individual to pay them back, that they will take him to court and I will have to appear in court to verify who he is. I consider the continual phone calls to be harrassment and believe that this individual's financial circumstances are none of my business.

Can i refuse to help these guys.What are my rights and obligations in this situation?Will this affect my Credit Report/CIBIL in any ways.
RaSing is offline   Reply With Quote
Old 15th May 2013, 00:04   #75
BHPian
 
Jaguar's Avatar
 
Join Date: May 2006
Location: Bangalore
Posts: 555
Thanked: 141 Times
Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quote:
Originally Posted by mb_jg View Post
Yep, it shows on my cibil report. They (SBI Cards) haven't responded to the last email I sent them asking for any updates on the case. I was directed by a friend to file a complaint on the RBI website with their omsbud person. This was a week ago & still no response.

They have not given a no dues letter, SBI Cards has been circumventing the case since they realized they were trying to collect monies from me by presenting account transactions of 7 different card numbers which belonged to others.

It's been pure agony trying to figure out the mess they've created in the last 3yrs.
They will not respond to emails. The ombudsman details will be in the SBI website. Get the details and prepare a complaint to the ombudsman with copy to SBI. Walk in to the nearest SBI Cards office and hand over the SBI copy to the manager and ask for an acknowledgement. If office visit is not possible, send a Registered letter (with acknowledgment) to SBI cards as well as the ombudsman. I am sure you'll get a response.

Quote:
Originally Posted by RaSing View Post
Can i refuse to help these guys.What are my rights and obligations in this situation?Will this affect my Credit Report/CIBIL in any ways.
My suggestion is to just stay out. This might be one of the tricks of the recovery agency to get hold of your neighbor. What if the neighbor sues you for harassment for helping the recovery guys?

Think of it, you have not done anything wrong. What is the worse that can happen? At the most you'd have to go to court to identify a person. No big deal. And the way our judicial system works, that might well be after you have left this world for good
Jaguar is online now   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Calling doctors/dentists/specialists on Team-BHP to provide free consultations Tejas@perioimpl Shifting gears 2663 16th August 2017 19:11
Tata SKY / Dish / CAS what is your choice .... all south delhi BHPians whatcanthisbe Gadgets, Computers & Software 1 29th December 2006 10:31


All times are GMT +5.5. The time now is 17:31.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks