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Aman Patel   08 May 2024 at 23:55

Completion certificate of the building

Hi,
My question is related to a building apartment. A promoter (local) entered into a development agreement of land to build a G+4 storey building on 13th December 2016. We have received an occupancy certificate issued by Baranagar Corporation dated May 14th, 2018. However, the completion certificate has not been provided despite multiple reminders to the Promoter. Some work is still pending in the building. There are 20 residential flats and 5 commercial shops. Flat owners have not formed a legal apartment association yet, and building maintenance is carried out on a mutual understanding basis.

As the completion certificate has not been handed over yet, several questions arise:

1) Can we issue a legal notice to the promoter to provide the completion certificate within a specified timeframe?
2) Since the occupancy certificate has been issued but the completion certificate has not, if any issues arise in the building, such as a breakdown of the lift, automated water pump failure, or structural damage to the walls, who is responsible as of now? Is it the promoter or the flat owners?
3) Suppose the completion certificate is provided after 1 or 2 months but pending work remains incomplete. Can legal action still be taken against the promoter and the issuing authority?
4) As the apartment association has not been formed yet due to some flat owners, can we compel the flat owners to establish a legal apartment association/society? It is most important question.

Please guide on these matters.

rathod murtza   08 May 2024 at 16:30

Order 13 rule 10

I firstly applied to bhuj area development authority for give certified copies of document under their power but authority refused to it . so there no options then I apply application under order 13 rule 10 CPC for summons the Bhuj area development authority for production of documents. But civil judge rejects it on ground that it is your problems to receive certified copies from authority , if authority refused it give then it also your problem. How can filed that document. Can I apply miscellaneous appeal?

Swapan Das   08 May 2024 at 15:39

Cooperative land

iF ANYONE WANTS DEVELOP IN HIS ALLOTTED LAND BY CO-OPERATIVE, AND TO SALE FLATS OUT OF THAT, IS IT POSSIBLE

Venkat   08 May 2024 at 13:13

Will deed partly infructuous. how to proceed?

Dear experts:

I am asking this query on behalf of my friend. A will deed (unregistered) was executed by the deceased testator bequeathing her A, B, C, and D schedule properties to her four children (two sons, two daughters) equally. i.e., Property A to Son S1, Property B to Daughter D1, Property C to Son S2 and Property D to Daughter D2.

While the testator was alive, she executed a registered gift deed in favour of S1 and D1 to the same extent as in the bequeathed will deed (i.e., A to S1 and B to D1).

Now the problem is, while D1 has given her consent to executing the will deed so that S2 and D2 get their share (properties C and D), son S1 is not agreeing to give a "no objection" letter.

The questions now are:
What is the fate of the will deed? Would it be valid now?
How to proceed legally so that the court declares the properties mentioned in the will deed for S2 and D2 belong to them?

Advocates hired were also not sure how to proceed in this abnormal situation, which is why advise from learned experts here is sought.

Thank you very much in advance,
Best regards,
Venkat



Anonymous   08 May 2024 at 11:56

Partnership firm

We have partnership firm we need to merge with another private ltd company
1.with no tax or with minimal tax
2.what are the procedures to be followed
3. which is the best alternative
i) converting the firm into a pvt td company
ii) purchasing assets and liabilities of the partnership firm

Anonymous   07 May 2024 at 18:04

Valuation of machinery not owned by me

Dear Sir, recently i bought a land and building. There was a company running previously under rent in the land and building and was paying rent to previous owner. I bought that place now and that company is paying rent to me under agreement. But SRO has sent notice that machines owned by that company in my building will also be valued under my name. How should i defend myself that it is not mine. Kindly help me.

Anonymous   07 May 2024 at 08:22

Landlord harassing tenant

Hi,Can anyone help me out.My landlord is not renewing rental agreement and continuosly increasing rent .How can I address him?

Kavitha Balan   05 May 2024 at 14:01

Contestant - election - association

As part of my apartment society, there was an election planned & Election Committee was appointed including a legal advisor. The legal advisor was on rolls & during the candidate nomination closure for contesting in election, legal advisor withdrew the from legal services and immediately applied for contesting in election.
Can the legal advisor who was part of election commiittee be a contestant after resigning?

Anonymous   05 May 2024 at 12:06

Gift deed validity if done without knowledge of other heirs

Respected sir, we have a Mhada flat which was in father's name post his death transfered in mother's name . We are 3 children can my mother gift deed it to my brother without other 2 siblings knowledge to counter that what should we do ?

Anonymous   05 May 2024 at 10:26

Looking for a lawyer based in south delhi

I have 2–3 cases in Delhi High Court. I am looking for a reasonably priced Counsel with good legal skills for them.