[fordday]

We as apartment owners want to register our Apartment Owners association under Karnataka Apartment Ownership Act, 1972.

Current status being
- almost all the flats are sold by the builder
- our sale agreements or sale deeds does NOT have any reference to KAOA
- builder had no Deed of Declaration done till now
- building maintenance is under builder now for the first year.

What should be our course of action if we want to do register the association ourselves? We do not want to go under Kar Societies Act, 1960 as it is the wrong Act for running apartment owner association and also it does not offer any teeth or legal protection.

[carboy]

I have a flat which is out on rent to the same tenant for a few years now. After every 11 months we do a renewal agreement. My tenant wants to extend it again. I was wondering what should I do legally to make sure I don't get into problems later of him claiming that the house is his because he has stayed there for a long time.

[JayKis]

I just want to check if there is any legal help available for solving the below scenario. Is there any way i can get back my money from the car dealer

Back ground

I booked a Fiat Linea TJet from Pandit Automotive in Pune on Sep 15 and the price quote given to me was as below and I paid the same before taking delivery. There were some freebies including insurance but we could ignore that since the problem is with the exshowroom price and registration tax.

Ex Showroom 893602
Registration 81349
Insurance 18429
Extended Warr7303
Logistics 5500
Total 1006183

On the day of taking delivery, on reaching home found out that there was an anomaly in the invoice generated and the tax receipt w.r.t the ex showroom price.

Ex Showroom 883596
Registration Charge 550
Registration Certificate of Taxation 79524

I immediately raised a concern with the dealer as well as FIAT and he said they were facing a problem with the RTO and he would generate the receipt within a couple of weeks and it should all be fine.After a continuous one month follow up, they issued me a new invoice with the correct invoice price 893602.

Analysis and Intrigue

But what got me intrigued is this. The road tax in Pune is 9% for a fiat Linea TJet. The tax receipt of 79524 is exactly 9% of the first showroom price of 883596. So I asked the dealer to give me an incremental tax receipt for the incremental exshowroom price paid which the dealer said he would give it initially but now says that RTO doesnot issue incremental tax receipts.

Now it has been 2.5 months since i have bought the car and the dealer has ever since been claiming that he is yet to get a tax receipt from the RTO for the incremental showroom price. What are my legal options in following up with this. Are there any consumer courts in pune wherein i can follow up this case?

THanks
Jaykis

[ridinthru']

One of my colleagues’ who is also a dear friend has been asked by his Supervisor to quit.
Background – This friend of mine was managing 3 businesses for the past 3.5 years. Of these, 1 business was not doing well for around 6 months (April – oct). In Oct, the ailing business was taken over by another manager in the organization and my friend was back to the 2 businesses only. Another fact is that my friend was not get along well with his supervisor (reason being, this supervisor just joined in April, doesn’t know anything about the business, background, etc and has orchestrated the entire failure on my friend, blaming him of this just to keep his back clear and safe)
For information, in the past 4 years in the organization, my friend has been honored the best manager award twice from a group of 70 managers. His other portfolio has won the best team of the year award for 2012-2013 and he has had the best retention rate of employees at 17% against a target of 20%.
What he’s been told is to give in his resignation, for a period of 3 months’ notice and leave quietly and he will be given his bonus (which is due in March pay), if he does not agree, he’ll be put in an action plan and asked to leave citing the business failure of the business which has been taken away from him…..
A married man with a school going child, he’s in a dilemma what to do… basically the HR team is also very weak and merely a puppet in the hands of senior management….
I would like to help him with the right advice, but I’m not sure what should that be… seeking suggestions from the forum members on this sensitive issue….

Thanks…

[Rotorhead]

dear T-bhpians,

Can someone suggest a good lawyer who is an expert in Property document legal title verification in Bangalore (around koramangala area). Please do PM me the details. Also what are the lawyer charges normally?

Will much appreciate your help.

regards

[AbhiJ]

"A" and "B" are husband and wife and have two sons "C" and "D"

"A" had a joint demat account with his wife "B".

"A" dies without leaving a will. The contents of the demat account are transmitted by the bank to "B".

"C" claims that under the Hindu Succession Act, he is a legal heir and is entitled to 1/3rd of the demat account contents.

Question: What is the legal right of "C"

1) 0% - Since B is the Joint Holder.
2) 1/3rd - Since C is the legal heir.
3) 1/6th - Since B was always the absolute owner of 1/2 of the contents of the demat accounts, only "A" portion will be split between the legal heirs.

[Kumar R]

Originally Posted by AbhiJ

"A" and "B" are husband and wife and have two sons "C" and "D"

"A" had a joint demat account with his wife "B".

"A" dies without leaving a will. The contents of the demat account are transmitted by the bank to "B".

"C" claims that under the Hindu Succession Act, he is a legal heir and is entitled to 1/3rd of the demat account contents.

Question: What is the legal right of "C"

1) 0% - Since B is the Joint Holder.
2) 1/3rd - Since C is the legal heir.
3) 1/6th - Since B was always the absolute owner of 1/2 of the contents of the demat accounts, only "A" portion will be split between the legal heirs.

While ascertaining property of an intestate for determining shares, ordinarily property held in joint name with another is excluded as that devolves onto the joint holders by the rule of survivorship.

In this case the securities in the joint demat account would become property of B (subject to B being liable for any liabilities attached to such securities - such as subsisting pledges, etc.)

As an aside, there is an exception to this rule for joint hindu undivided family property on death of a coparcenor (the exception permits female heirs of the deceased to acquire the deceased's share notwithstanding the general rule of survivorship -- but this need not concern us.

Many people are not aware of these legal consequences when they open joint accounts, buy property jointly, etc. What is used as a convenience can have great implication. Joint-holder is very different from a nominee (who has to hold the property in trust for the legal heirs). It is due to this that recently some courts in the UK have started to apply survivorship only where it can be shown that there was intention by the deceased that the joint holder would exclusively inherit the asset after his/ her death.

[vinay kamath]

Dear All,

Sharing important judgement .

As per the recent decision of the Hon’ble Supreme Court of India inDASTHRATH RUPSINGH RATHOD v. STATE of MAHARASHTRA, Dated 01.08.2014, wherein the Hon’ble three judge Bench overruled its own decision in K. BHASKARAN v. SANKARAN VAIDHYAN BALAN, (1999) 7 SCC 510, and held that the jurisdiction for filing of the Complaint under Section 138, Negotiable Instruments Act, shall be the place where the drawer bank is located.

Please think before accepting out station cheque. Insist on RTGS/NEFT/DDs instead.

Thank you.

[drsingh]

How does one become a wealth manager in India? Is a finance background necessary?

[vina]

Originally Posted by drsingh

How does one become a wealth manager in India? Is a finance background necessary?

You will need NISM certification and experience. Degree in finance related field will be helpful to acquire clients.

[cooldude1988765]

Originally Posted by drsingh

How does one become a wealth manager in India? Is a finance background necessary?

CFA will also help. Not only India but abroad as well.

[drsingh]

Originally Posted by vina

You will need NISM certification and experience. Degree in finance related field will be helpful to acquire clients.

So its mostly a sales role ? I have a cousin who's done engineering and wants to get into wealth management/private equity . Should he go for an mba or get certified and get job experience?

[speedmiester]

Require advice from Lawyers on this forum.

My mother-in-law passed away last year and wife is her only child. She had some ancestral property which was undivided. She has two brothers and one sister. Now her brothers have sold the property without informing my wife or their sister.

I would like to understand whether my wife has any rights to the property?
If yes, how could one go about ensuring equal division of property.

Thanks.

[adhiraj]

Hi Guys,

Need an urgent help from lawyers. My office colleague's brand new pulsar 220 was stolen in the end of January this year from ecity. He filed and FIR and reported it to the insurance company that day itself. He furnished all the documents and secured the FIR number from the local police station.
Today an hour back, he got a call from Shimoga Police station asking him to come down to Shimoga. On inquiring the reason, they said that the bike was involved in a hit and run case where the victim died. We are yet to ascertain whether the bike is under their custody or not.

I have 2 questions here:

1. Why is he being called to Shimoga when he has already filed an FIR?
2. If the bike is in their custody, is it neccessary for him to physically go there?

I will update the post accordingly as and when I get any inputs. Meanwhile I need some guidance as to how we can handle the situation.

Thanks

[directinjection]

Originally Posted by adhiraj

Hi Guys,I have 2 questions here:

1. Why is he being called to Shimoga when he has already filed an FIR?

Lack of efficiency and coordination at police's end. I suppose the FIR was registered at a different police station.

Originally Posted by adhiraj

2. If the bike is in their custody, is it neccessary for him to physically go there?

Yes. The bike didn't cause the accident and death by itself. If the police station in question is not aware of the theft, they are reasonable in assuming that the registered owner caused them. Your friend must carry with him copies of all the documents such as the theft complaint and FIR. He needs to narrate the correct facts to the police and make sure they record them correctly. To prevent any harassment, he can take a lawyer along.