22 June 2018 at 16:57

Land issue

Hi Sir,
My Father has 3 brothers and 1 sister. We have a land of 250 yards which is on the name of my father Mom. Now there is a fight between the brothers that equal share has to be given for every child. As we are muslims. How to solve this, my father say as per muslim law we will give only 35 yards money to her sister by every brother. My father brothers are not accepting and they are following the Hindu Law and asking for equal share. Please let me know how to solve this.

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Dear Sir, We have a gated community of 483 flats and we have a registered association. The association is registered in 2017. However, since it has been formed, the governing committee members are running the society on their will, they are not responding to any resident's query. Residents has issues on below things, how the residents can take action on the governing body as they are running society on their will. 1. Lack of on-time communication to the residents for any matters. 2. Zero Transparency. 3. Inappropriate maintenance of books of account. 4. No audit report 5. Weak management due to many positions are vacant. Restrain and restricts the rights of the residents. Please suggests how we the residents can take legal action against the ill-functioning of the society by governing body.

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On 7/12, we are owners of agricultural land with Tenant. The Tenant has obtained 32 M as per Tenancy Act Maharashtra which shows some excess land in his name than 7/12. Now we want to sell land to Developer. Which area is authentic 7/12 or 32 M?

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I am resident of Mhada colony vikroli (E). There are total 32 tenants in our society , it’s a ground + 3 floor building. Our Managing Committee decided to go for redevelopment and accordingly a developer was appointed in year 2015 . A Development Agreement was signed between Soc. and Developer in year 2015. There was no moment from the developer side for last 2 years , but 2 months back we got a notice for eviction of the flats for redevelopment process . I am not aware of the details what the developer is going to give carpet area /amenities . So I asked the Secretary about the details (Development Agreement + Power of attorney ) signed and given by the Soc . to the developer .
Managing Committee is not ready to give me the details saying that I am not the member of the soc. After death of my father my mother is the owner of the property and she is the member of soc. As per society Record.

So request letter was send to the soc. to provide all those document on behalf of my mother . But now the Managing Committee has come up with new excuse , we cannot provide you the Development Agreement copy since it is confidential . If I am not wrong Co-op Housing soc. has to provide all the document to the members on his/her demand. But still they are not ready to give us those documents…
Builder has already issued a notice to the society members for eviction of the flats 2 weeks back.

Now my question is where can I get relief, should I go to Mhada or should I go to the court for relief .

And in which court Co-operative court / City Civil Court or High Court .
I have already applied for all those documents from the deputy Registrar (Mhada). Registrar has send a notice to the Soc. for those documents . But still the Managing Committee is not ready to give me those documents .

Please give me some guideline.......

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18 June 2018 at 14:38

Long term capital gain

Respected Sir/madam,

We had an ancestral COMMERCIAL property and from there we have received a profit of Rs 4 lakhs only. Can we further reinvest it by purchasing a commercial property again or can we buy a residential property or we need to invest it in NHAI or REC respectively or we need to pay tax on capital gain @20% of Rs 4 lakhs.

Please suggest. It would indeed be of great help.

Thanks & Regards,
Mail id : yourjob35@gmail.com

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17 June 2018 at 19:14

Transfer of ownership in sra scheme

Dear Sir,
We had a room in chawl system in Mumbai. The room is in the name of My Late Grandmother. After her, there are 6 heirs of that room. But my uncle has claimed himself the ownership of that room which was in SRA scheme. He destroyed all our proofs i.e ration card, electricity bill & rent bills before 1990. He made new documents in his own family only.
After development in 2010, there is built a building & society is formed. Now the society wants to know heirs names with proofs. But we have no proofs to claim that flat except death certificates of my grandfather & grandmother & we have a document of our village farm 7/12 extraction in which all heir names are included.
So please advice.

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16 June 2018 at 21:43

9 flat socity possible?

its stand alone building with 9 flat ,apartment ddeed is done
without constructing 11 flat can socity formation be done?

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13 June 2018 at 13:08

Bdd chawl room tenant transfer

Dear All,

Need to transfer the tenant name and below are the details:

My DAD has one room in bdd chawl which is in my DAD's name and nominee mentioned is my elder brother when he was 4 yrs old. Already my DAD has given room to my elder brother long years back. Now my DAD is not well and now my DAD wants to transfer the room from my DAD's name to my name, when I visited to PWD office they are demanding my elder brothers signature as my elder brother is only nominee in their database. Due to some family conflicts my elder is not ready to sign on the agreement papers.

Can someone shed some light is there any possibility to transfer the tenant to my name as DAD is the owner of the room without taking nominee signature.

Also can my DAD sell the room without consenting my nominee. Any help really appreciated.

Thanks and Regards
Anand S

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12 June 2018 at 19:59

Charges for Partition deed in pune

Please tell me about charges for making separation deed (Partition deed) .in Pune grampachyat

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My client has submitted "Agreement of Sale" of Dt. 04.04.1979 to the office of 'The Collector of Stamps' for the purposes of Adjudication on Dt. 18.11.2017. The office has not sent the demand notice as of date which is ultravires the provisions of Maharashtra Stamp Act, which clearly mandates maximum of 45 days for closing the case. When pressed for an explanation, the office has reverted back saying that they have forwarded my client's Agreement to Forensic Lab for conducting tests in order to verify the authenticity of the Agreement. My query is : 1] Whether the Collect of Stamps has any right / authority / power to arbitrarily send documents of the Citizens such as 'Agreement for Sale' for Forensic Reports without any grounds whatsoever ? 2] Usually, Forensic reports are taken out on orders / directions of competent Courts. Can the Collector of Stamps, Mumbai carry out forensic tests on its own motion without any directions / orders of any competent court of law ? 3] If yes, then under which law is the Collector of Stamps empowered to take such actions ? If no, then what is the legal remedy for the same ? Warm Regards

Read more at: http://www.lawyersclubindia.com/forum/Collector-of-stamps-right-to-forensic-tests--183469.asp

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