­

Consultancy for Housing Societies

We are dedicated Co-operative Housing Society Consultancy Located in Pune since 2007. We are expertise in the same field in and around Pune ,we provide Monthly /Annual Basis Consultancy to housing societies against reasonable and standard charges for concrete solution , opinion and consultancy under our experts on following issues:-
Consultancy for Housing Societies on following issues: –
• Consultancy for Handover process of society by builder after its registration / formation.
• Consultancy for verifying Documents authentication relating to project/scheme, Society, Accounts etc…
• Consultancy for Maintaining various Registers i.e. proceeding Book / Minutes of Records, Transfer of share / Nominee Register, Ledger Book / Register etc..
• Consultancy for Laws / Byelaws and Rules made thereunder such as consultancy for various meetings i. e. M.C.M , S.G.M , A.G.M, Election of Managing Committee & procedure of issuance of Share certificate .
• Basic Consultancy for Recovery of Due maintenance defaulter member of the society i.e. issuance of Notices / Letters to him /her.
• Consultancy for nuisance caused by any member or his / her tenants / relatives.
• Consultancy for restraining illegal activities in the premises of the society.
• Consultancy for Conveyance Deed and Deemed Conveyance of the society.
• Consultancy for Miscellaneous issues and day to day affairs of the society.

Our Specialties:
1. Society Formation / Registration,
2. Conveyance Deed or Deemed Conveyance of society.

By |February 28th, 2018|Consultancy for Housing Societies|0 Comments

Alimony and Maintenance under Indian Law

What is Alimony?

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, spouse, dependent children and even indigent parents.
The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Factors that influences the duration and amount of alimony

In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors that need to be considered are:

1. Age of the spouse (or the person who is entitled to receive the alimony)
2. Economic condition or the earnings of the person who is to provide the alimony
3. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health).
4. The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.

Types of Alimony / Spousal Support

Before an ex-spouse can even be eligible for alimony there has to be a valid marriage. If the marriage ended in annulment or was considered void, generally, there is no legal basis for awarding alimony unless state statutes provide otherwise.

Alimony awards can come in a variety of forms:
• Temporary Alimony
• Rehabilitative Alimony
• Permanent Alimony

Additionally, more than one category of award can be awarded in the same divorce action.

TEMPORARY ALIMONY

Temporary alimony is often awarded during the period the divorce proceeding is pending. This type of award becomes necessary due to the length of time. It could take before the final decree is issued and a permanent alimony award is made.

REHABILITATIVE ALIMONY

Generally, rehabilitative alimony is used to support the spouse during a period of retraining or re-education for re-entry into the workforce, thereby enabling the spouse to become self-supporting in not too distant future. Since it provides a temporary fix to help the party regain marketable skills, it can be classified as another form of temporary alimony.

The courts are more compelled to award this type of alimony where the spouse seeking it, has some potential for establishing a viable career.

PERMANENT ALIMONY

Permanent alimony becomes effective upon the final dissolution of the marriage. Additionally, it can come in various forms:
• Periodic payments (often monthly)
• Lump sum payments
• Annuity payments
• Trust payments
• In-kind payments (e.g., making direct payment for services)

Despite the seemingly permanent nature of this type of award, it usually does not last forever (i.e., until the recipient’s death). In most jurisdictions there is no prescribed period for alimony payments. For instance, the California statute which deals with the duration of alimony states:
Despite the nomenclature, courts consider various factors before making the decision as to which party, if any, should be entitled to alimony.

FACTORS IN ALIMONY/SPOUSAL SUPPORT

Alimony awards are generally based upon the needs and abilities of each party, using factors such as:
• Age of the parties;
• Health and physical condition of the parties;
• The earning capacity of the parties(e.g., taking into account the supported spouse’s marketable skills vis-à-vis the current job market for those skills);
• Present income of the parties;
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;
• The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living;
• The duration of the marriage;
• The needs of each party based on the standard of living established during the marriage; and
• The jurisdiction of the marriage (in some jurisdictions).
When divorce statutes were fault-based, there were two additional factors courts considered: (1) degree of fault and (2) maintenance of status.

ENFORCEMENT OF ALIMONY AWARDS

An alimony award is essentially a court order, thereby making payment mandatory—based on the dictates of the order. If the payor fails to fulfill those obligations, he or she will be in contempt of court. As such, the court can take the necessary steps to compel the payor to comply with the order. Specifically, courts can choose either to pursue a civil or criminal proceeding against the scofflaw.

A civil proceeding has an underlying purpose of getting the delinquent payor to make the required payments rather than punishing the delinquent payor. Conversely, a criminal proceeding is used to punish the offender, which usually results in the imposition of some jail time. Remedies for nonpayment can include:

• Imprisonment for a prescribed period of time (despite the threat of imprisonment, many jurisdictions are unwilling to throw their debtors in jail)
• Judgment against the non-complying party (also enforceable in other states under the doctrine of full faith and credit)
• Seizure of property such as tax refunds
• Liens on real property
• Wage garnishments

If the reason behind nonpayment is due to an inability to pay, that argument can be advanced in a petition for modification of the award.

By |February 28th, 2018|Alimony and Maintenance under Indian Law|0 Comments

ADVOCATES FOR REGISTRATION OF HOUSING SOCIETY:

ADVOCATES FOR REGISTRATION OF HOUSING SOCIETY:

A co-operative society is the perfect fit for a residential building as flat-owners have common needs (water connection, watchmen, etc) and interests (maintenance of common areas, such as the terrace and compound). If you’ve purchased a flat in a new building, it would probably be best if you took interest in forming a society. The builder may also be statutorily obligated to form a society. For example, under Maharashtra Flat Ownership Act, 1963, a builder must form a society within four months of selling 60% of the flats.

But you needn’t wait for the builder to form the society. In many states, including Delhi and Maharashtra, ten flat-owners are enough to promote a co-operative housing society. A building without a housing society usually indicates that there is a dispute between members or a general lack of interest. If you’re considering buying a house in a building where the society has not been formed, find out what the problem is. If the builder does not form a society, rights to the terrace and the compound continue to rest with him.

We, the “VED LEGAL” provide registration and formation services which help you at every step of society formation, right from inception to final handover. We look after all the legal complications involved in society formation and carry out necessary negotiations with developers.

We have also completed the registration process for various projects. We specialize in society formation of housing societies, commercial societies, maintenance societies and large townships. We help developers and societies with complex registration process during society mergers, society split, and federation registrations.
Our specialized services include:

• Initial screening
• Gap identification and ratification
• Process documentation and finalization
• Dispute resolution
• Society name reservation at respective co-operative departments
• Account formation and legal documentation

FOR MORE DETAILS CALL:
VED LEGAL,
Adv. Gajanan Rahate
Mob: 9763040088
E_mail: [email protected]

By |February 28th, 2018|ADVOCATES FOR REGISTRATION OF HOUSING SOCIETY:|0 Comments

Marriage Counseling in Matrimonial Disputes

Marriage Counseling in Matrimonial Disputes

Marriage counseling, also known as couple therapy, helps couple to overcome their immediate problems, resolve conflict and improve their relationship. It also equips them to meet the future issues. Through counseling, a couple can get better insight into their deteriorating relationship, identify the crucial factors behind their differences and make rational decision rather than choosing the ultimate separate ways.

Marriage counseling can be availed to address many specific issues like: –
1. Communication problems
2. Financial difficulties
3. Conflicts about child rearing
4. Sexual difficulties
5. Infidelity
6. Family issues

Marriage counseling brings couples together for joint therapy sessions. However, this does not guarantee that talking about the problems with a marriage counselor would be easy. Sessions might pass in silence or the couple might bring their fight with them. The marriage therapist acts as mediator or referee and help cope with the resulting emotions and turmoil.

The role of a Marriage therapist
Marriage counseling is provided by licensed therapist known as marriage and family therapist. While dealing with matrimonial disputes, counselors develop their own scientific support system through good listening skills and generally do not give their own assumptions and notions while counseling.

Marriage counseling sessions are specific for individual cases, since it involves unique issues and expectations. The counselor has different goals at different level of functioning. In some cases, marriage counseling session could be for a short duration, depending if the issue is not very serious like ego differences between a couple. And in some it may extend to weeks or months. However, in matters relating to physical abuse and torture, no attempt of counseling and mediation should be made and ‘Domestic Information report’ must be filed.

By |February 28th, 2018|Marriage Counseling in Matrimonial Disputes|0 Comments

CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE

CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.[1] The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.[2]
Contents [hide]
1 Definition
2 Scope
3 Application to the magistrate
3.1 Jurisdiction of court
3.2 Different kinds of order issued by the Magistrate
3.2.1 Protection orders
3.2.2 Residence orders
3.2.3 Monetary relief
3.2.4 Custody orders
3.2.5 Compensation orders
4 Criticism
5 See also
6 References
7 External links

DEFINITION
The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code – section 498A of the Indian Penal Code – in that it provides a broader definition of domestic violence.[3]
Domestic violence is defined by Section 3 of the Act as[4] “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
The Act goes on, through the section Explanation 1, to define “physical abuse”,”sexual abuse”, “verbal and emotional abuse” and “economic abuse”.[4]
SCOPE
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.[3] Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
The salient features of the Protection from Domestic Violence Act, 2005 are as follows:
The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act.
“Domestic violence” includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bail able offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
While “economic abuse” includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her stridhan or any other property jointly or separately held by the victim and prohibition or restriction to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household, “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force.
*APPLICATION TO THE MAGISTRATE
An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by:
The aggrieved person,
Protection officer on behalf of aggrieved person
Any other person on behalf of aggrieved person
JURISDICTION OF COURT
The first class magistrate court or metropolitan court shall be the competent court within the local limits of which
The aggrieved person permanently or temporary resides or carries on business or is employed
The respondent permanently or temporally resides or carries on business or is employed or
The cause of action arises.
Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence. If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.
In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent. At any stage of the application, the magistrate may order, counseling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the circumstance of the case so warrant and if either party so desires the magistrate may conduct the proceedings on camera.
*DIFFERENT KINDS OF ORDER ISSUED BY THE MAGISTRATE
PROTECTION ORDERS
After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence
Aiding or abetting in the act of domestic violence
Entering the place of employment of aggrieved person or if the person is child, its school or any other places
Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
Committing any other acts specified by the protection officer
*RESIDENCE ORDERS
The magistrate being satisfied that a domestic violence has taken place, pass residence order-
Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
Directing the respondent to remove himself from the shared household
Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
Restraining the respondent from renouncing his right in the shared household
Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.
No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person r to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuable security she is entitled
*MONETARY RELIEF
The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include
Loss of earnings
Medical expenses
Loss caused due to destruction or removal or damage of any property
Pass order as to maintenance for the aggrieved person as well as her children if any
Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.
The quantum of relief shall be fair reasonable and consistent with the standard of living to which the aggrieved person is accustomed to. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent. Magistrate can order a lump sum amount also . On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.
CUSTODY ORDERS
Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.
COMPENSATION ORDERS
Magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.
Copies of orders passed by the magistrate shall be supplied free of cost to the parties concerned and police officer and service provider
Any relief available under this Act may also be sought in any other legal proceedings before a civil court, family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court
*CRITICISM
Some[who?] have criticized the law as having too little force, serving chiefly as a civil, rather than criminal, law—requiring a further offense by the accused respondent (such as violating a Protection Order issued under this law) before triggering criminal law sanctions against the respondent (such as arrest and imprisonment). However, groups involved in drafting the law believed this would provide more rapid and flexible relief for the victim.[5][6]
Men’s organizations such as the Save Indian Family Foundation have opposed the law, arguing that it might be misused by women during disputes.[3][7]
Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that “an equal gender law would be ideal. But there is simply too much physical evidence to prove that it is mainly the woman who suffers at the hands of man”.[8]
Former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.[9]
According to the then President of India, Pratibha Devisingh Patil, “Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation.”

By |February 28th, 2018|CONSULTANCY FOR TO DOMESTIC VIOLENCE PUNE|0 Comments

CONVEYANCE VS DEEMED CONVEYANCE

CONVEYANCE VS DEEMED CONVEYANCE

Conveyance Deed is a document executed to transfer the title of land and building in favour of Society.

MEANING OF DEEMED CONVEYANCE:

The Promoter (Builder/ Developer) is legally required to convey the land and the building within 4 months of formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters (Builders/Developers) have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies. Under the provision, deemed conveyance means after the expiry of 4 months of formation of the legal body, the land and building is deemed to have been conveyed to the legal body and to bring the same in the revenue record, a Competent Authority has been designated who will hear the parties on the basis of applications received from the aggrieved party and transfers the title in favour of the legal body by passing the necessary order and deemed conveyance certificate and appoint an authorized officer to execute the conveyance deed in favour of the society and execute on behalf of non co-operative builder or the land owner. Getting the title of land and building by adopting the above procedure is known as deemed conveyance.

DIFFERENCE BETWEEN THE DEEMED CONVEYANCE AND THE REGULAR CONVEYANCE

In case of regular conveyance, the builder/ Developer/ Land owner prepare a conveyance deed, execute the same and appear before the Sub-Registrar of assurance for admitting their signature. Without any problem, the legal bodies get the conveyance with the co-operation of the builder/ landowner.

In case of deemed conveyance, the builder/ land owner or their legal heirs are not co-operating, therefore, the aggrieved parties appear before the Designated Competent Authority, who hears all the parties and passes the necessary order of conveyance. Deemed Conveyance is obtained as a legal remedy against the defaulter builder/ landowner who don’t want to part with the land and the building in favour of the society.

DOCUMENTS REQUIRED TO BE SUBMITTED ALONG WITH APPLICATION TO GET THE DEEMED CONVEYANCE:

• Registered Agreement for sale entered into with the promoter/opponent party
• 7/12 Extract and Village form No.6 (Mutation entries) / Property card,
• Location Plan
• City survey plan or survey plan from the revenue department.
• Layout Plot plan approved by the local authority
• Architect certificate about the entitlement of undivided interest in the entire Layout Plot, common areas and the facilities by each of the entity or the structure constructed or to be constructed on such Layout Plot.
• Latest Title and Search Report for last 30 years from an advocate,
• Non-Agricultural Order (N.A. Order)
• Certificate under Urban Land Ceiling Act, 1976
• Building/ Structure Plan approved by the appropriate authority,
• Commencement Certificate,
• Completion Certificate,
• Occupation Certificate (exempted if not available),
• List of Flat Purchasers
• Proof of payment of Stamp Duty
• Proof of Registration,etc…

Development agreement or power of attorney or agreement for sale executed by the landlord with the promoter for development or for transferring the right, title and the interest in the land in favour of the promoter.

Legal notices to be send to the Promoter and other interested parties to execute the conveyance deed or declaration as provided under Maharashtra Apartments Act, 1970 in favour of the applicant/s.
Draft conveyance deed / Declaration proposed to be executed in favour of the applicant.

By |February 28th, 2018|Advocates for Conveyance Deed of Society in Pune|0 Comments