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Mahesh Aswaney   27 June 2022 at 21:16

Repossession of flat


I own a flat of 600 sq ft in A COOPERATIVE HOUSING SOCIETY IN GHATKOPAR WEST ,

MY GRAND MOTHER HAD LET IT OUT IN 1968,
The rent was fixed at Rs 120 PM and ever since then it continues till date .
The SHARE CERTIFICATES ARE IN OUR NAME AND MAINTENANCE BILLS ARE ALSO IN OUR NAME .

NOW THE SOCIETY HAS JUST ISSUED A LOI FOR REDEVELOPMENT .

QUESTION :
1.00 CAN WE EVICT THE TENANT (HE MAINTAINS IT WAS UNDER PUGDEE .(OUR CONTENTION IS THAT IN A COOPERATIVE HOUSING SOCIETY PUGDEE IS INVALID .
HE HAS NO DOCUMENT TO PROVE IT )

Q: IS THIS CONTENTION CORRECT .

2.00 THE DEVELOPER HAS OFFERED 300 SQ FT ENHANCED AREA .

CAN WE ASK HIM TO COMPENSATE FOR THIS AT THE CURRENT RATES .

AND REACCOMODATE TENANT AS A TENANT IN A REDEVELOPED FLAT OF EXISTING AREA ,OF 600 SQ FT 

IN INTERVENING PERIOD OF REDEVELOPMENT TENANT CAN GET RENTALS FROM DEVELOPER .

Q 3 WILL THE AAA BE SIGNED WITH US OR OWNER .

OUR STRATEGY IS AFTER REDEVELOPMENT WE WILL ASK FOR RENT AT MARKET RATE FAILING WHICH CAN WE ASK HIM TO VACATE ?.

IS THIS POSSIBLE 

PLEASE ADVISE ON ABOVE OR ANY OTHER ADVISE WHICH WILL HELP US RETRIEVE THE FLAT .

(LASTLY THE SOCIETY HAS 81 MEMEBER’s AND 12 no’s ARE TENANTS .

7 OUT OF 12 HAVE NEGOTIATED TRANSFER OF OWNERSHIP BY RECEIVING 1/3 COST OF FLAT I.e RS 57.50 LACS (ON BASIS OF PUGDEE HOLDING)


Please advise framework of notice to be served on tenant .

Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.



Anonymous   10 June 2022 at 16:14

Cancellation of bail

A complaint was lodged in May 2022 in Pune Haveli police station by usand two other complainants of Pune against mr Sanjay Gaikwad of pune for cheating and falsly pretending as a veternary doctor doing Goshahal Business and prompting us to advance some money of Rs about Rs 8 lakhs to start business jointly with us in 2017.which money was never returned by him to ustill date nor he started the business jointly with us since the receipt of money by him in 2017/18

Pune Haveli police station filed an FIR and Charge Sheet filed against him u/s ,420,,506 of IPC and arrested him on 25/05/2022 and remanded him to police custody.

Today we heard that he has managed to get bail from the court

My question is how bail was granted without our presence?
How to cancell the bail granted to him?
What is the roll of police at this stage?
What should be our next step with Pune police

Satyanarayana   31 May 2022 at 22:43

Award passed by consumer protection court not fulfilled

I want to file a Memorandum U/S 72 of the Consumer Protection Act. 2019. Kindly Provide a format of the Memorandum in the District Consumer Forum

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   29 May 2022 at 11:14

494 bigamy ipc

My friend XXX marries ZZZ aged about 17 years during pendency of divorce with his 1st wife.

Soon after marriage his 1st wife file complaint for Bigamy commited by my friend.

Since Bigamy complaint is filed, his 2nd wife leaving him.

His 2nd wife marrying again through marriage register when she turned at 18 years as she apprehend 1st marriage is invalid. She also send that marriage certificate to my friend.

Chargesheet is submitted by police but trial not started. Can my friend go to high court to quash FIR lodged by his 1st wife as my friends 2nd wife is now somebody else's wife ??




Anonymous   28 May 2022 at 21:24

Pending ipc 338 accident case and background verification

There is accident case IPC 338 pending on me in court and currently in appearance stage. I am preparing for government job and likely to get it.

1. Am I eligible for government job ?
2. Can I get PCC from police ?
3. Can I get passport and visa ?
4. Does this pending case have effect on background verification ?

Do I need to mention in every application form ?

Anonymous   23 May 2022 at 20:55

Sale of pagdi shop

Hi,
We want to sale shop which is in pagdi system (45 years old). I want to ask the applicable Taxes/ GST/Surcharges etc. which will be applicable. Are all of the above taxes applicable on seller? Thankful if you can explain by example.

Anonymous   23 May 2022 at 18:46

Maintenance

Hello sirs,

After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?

Anonymous   21 May 2022 at 04:20

Common passage

This is the situation which Plot A which is situated as the out house and Plot B facing towards the road
If I have to reach Plot A I have to cross by the Plot B to reach A , and also the Staircase.
Documents on Plot A mentioned as ''This common passage and staircase belongs to someone else" (NO Name mentioned)
Not sure what is mentioned on the Plot B documents
Both the Plot owners are not brother or known person
Need to sell the Plot A how can i sell
what's the best way possible

khurana   20 May 2022 at 19:41

Fir registration under up ganster act 1986

I need advice & guidance from my Learned Respected Senior Experts to guide me with relevant Judgements / Precedents or any Case Laws of Filing a FIR under s 154(1) under U.P. Gangster Act 1986
Is the procedure different for a SHO of a Police Station