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Queries Participated

Bharat Vakil   05 November 2017 at 08:52

Nomination

I was told by a friend that Hon'ble Apex Court has held that Nominee shall inherit property over ridding a Wll. Is it true.? Can I have details of judgement please.

shalil   16 June 2017 at 23:37

Leave and liscence

can a co-operative housing society collect "processing fee" from its members for premise given on leave and licence?
can a resolution passed in AGM regarding the same is legal, and in line with the by-laws?

mangesh kurup   23 May 2017 at 11:38

Fine non payment in chs

Apart from regular maintenance charges, fine is levied for some misconduct. my questions are as follows:
1) If the member is paying regular maintenance and does not pay fine, can the person be considered as defaulter?
2) What is the maximum fine that can be charged in a year?
3) Does the "fine" due by member entitles for 21% pa interest?

Mehta   29 March 2017 at 11:50

Penal interest on outstanding dues of the society

Is penal interest charged on outstanding dues of the society is justified ? What is the rate of interest as per law ? My society is recovering on the basis of compound interest and not on simple interest basis. What is the remedy for me if secretary is not co-operating me in giving the correct due amount.

Santosh Kale   19 March 2017 at 02:45

How many members are required for society formation

Dear Sir,

We have 5 buildings of 170 flats in our complex and we want different societies for every building. Kindly advice me how many members are required for society formation & for society committee. Kindly also let me know can we insist our builder to form 5 societies instead of 1 society.

With Regards,
Santosh
Thane, Maharashtra

DARSHNA   03 March 2017 at 16:22

Service tax for new flat

Hii
We have purchase 1room kitchen 2 years back at nalasopra west. We have paid almost 2 lacs for society registration, agreement registration etc. After that we cleared with builder that nothing has to be paid after that for any reason. All dues whether it is service tax, registration tax etc have been paid.
Now since last 1 month, builder is calling us to pay service tax of rs. 50,000/- that is after almost 2 & half years, so what to do now? We are not sure whether it is mentioned in our agreement or not? But, if it is not mentioned then what is the solution?
Builder says we have to pay 4% of property value as service tax, if it is so why he has not said anything in past 2& half years?
Whether it is necessary to pay?
What will be the solution?
He says if we will not pay immediately, he will block water supply, what is the solution?
Pls revert back as soon as possible.
Thanks in advance
Regards,
Darshna

Mathalai   26 February 2017 at 23:36

Societies Registration Act

The tenure of office bearers of our society is 3 years. Now only one year has been completed. What is the position of a society when all of Its Office bearer's quit the post? Now election is going to be conducted. When the tenure of office bearers is still subsist for 2 years . Will the election is for only the completion of two years or will it be a afresh one. Please answer.

Bharat Vakil   25 December 2016 at 19:44

Transfer of flat

Recently a member of the Society expired,he owns a 1255 sq ft 3 BHK flat.
He has lwft behing a widow and a son & daughter-both married.
The wife has requested the Society to transfer the flat in her name on basis of Nomination.
PLEASE ADIVCE:-
1) There is an outstanding dues in the name of deceased since April 2014 and he had filed case u/s 91 Disputes in Cooperative Court -IV Mumbai-- can the flat be transferred? What about dues ? Does the Society need to take NOC from siblings before transfering?A reply to my enail solicited.

Bharat Vakil   08 May 2016 at 20:05

Non occupancy chargges in chs in mumbai

Can Non Occupancy charges be levied from a flat owner if he has locked his flat and does not stay in it, he has not rented it but keeps it vacant.