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gk   13 July 2023 at 13:08

acts to form an apartment owners association - kerala

Dear Peers,
Pranam.

Regarding the subject, whether various Acts are available as a Legal reference /documents to form an Apartment Association in Kerala State?

OR Compulsorily we should follow some specific Acts in Kerala?

Please advise.

Thanking you
Regards
Gopalakrishnan

Desi Chana   13 July 2023 at 02:12

Different charges levied by the builder

I had booked a flat in Feb 2018 in ATS Allure Project Yamuna expressway with cost of flat 3272623 the payment plan was broken into two parts of 50%, first installment had to be paid in few months and second Installment has to be paid on time of possession. The Possession date mentioned in BBA is 31st March 2019. The builder delayed the possession by 4 years and I got possession in June 2023. At time of Possession I was charged 50% of the remaining amount time of possession.

1. Builder was asked to pay Farmer compensation in 2014 which builder did not pay and charged me amount of 132000 at time of possession. 80% of This amount was delay penalty and Interest which builder did not pay to authority

2. Builder charged 12% GST whereas at time of possession GST was 5%

3. Builder did not pay delay penalty which according to me was 6.5 Lakhs, Instead tricked me to take open parking in leu of delay penalty. Open parking was part of common area for which I have already paid.

4. Initially Builder asked for 1 Lakh Club Membership + 18% GST. When People didn't pay Builder Asked for 2 Lakh Club Membership + 18% GST. Now the builder is asking for 3 Lakh + 18% GST for club membership. In BBA It's clearly mentioned that Clubhouse is part of common facilities and will be delivered by the builder. There is no mention of membership charge of anything. There is mention of monthly usage charges for club.

5. Builder has included area of the clubhouse in common area and still taking separate maintenance fees for club.

6. Builder is charging Common Area maintenance charges whereas many of the facilities are not built.

What are the legal options ?

Daveli Venkannababu   13 July 2023 at 01:18

Nature of exempt allowances

Dear sir /madam
Allowance to meet expenditure incurred ??Any salaried assessee can claim below mentioned allowance
please can one clarify sections its importance . if employer not given salary break -up or salary structure (employer pay consolidated pay to employee then employeee split his /her salary break up while filling income tax returns
1.)Sec 10(14)(i)- Prescribed Allowances or benefits (not in a nature of perquisite)specifically granted to meet expenses wholly, necessarily and exclusively and tothe extent actually incurred, in performance of duties of office or employment
2)Sec 10(14)(ii) -Prescribed Allowances or benefits granted to meet personal expenses in performance of duties of office or employment or to compensate him for increased cost of living.
3)Sec 10(13A)-Allowance to meet expenditure incurred on house rent

If an assesse can claim exemption above mentioned sections

virender bagga   12 July 2023 at 22:25

Deletion of names of respondent dents in dv case

When prayer for deletion of names shud be submitted? Pl I timate sec of cpc.is it time bar.

Anonymous   12 July 2023 at 19:35

Notice from cmm court

Under which section can the CMM Court issue notice to the accuse's second address along with first one in DV cases?

Anonymous   12 July 2023 at 19:33

Same property sold two persons

Hello,

I purchased a flat on July 2016 from Mrs. R on loan . Mrs. R purchased the flat from promoter on Dec 2011.

After 6 months of purchase we got a letter from bank showing that the property was sold to someone else before Mrs . R. And that person hasn't paid a single Installment since then. we visited the bank with our documents and we found that the details bank is showing doesn't match with us.
Our flat is 870sq on 3rd floor . The defaulted loan details shows flat as 1100sq on 3rd floor. We never got such letters afterwards. In between we did mutation and all other details in our name.
But after almost 6 years recently couple of days back A different bank visited us and said that this property is under their mortgage . We checked with our loan provider immediately and they confirmed that the property is under our name n loan is registered with the my loan provider and the same details is showing in CERSAI. Now my question is can the defaulters bank do anything in this regard ? because their details of property don't match with ours. And if their allegations are true then why my bank provided loan. Also what should I do in this case. This happened to 3 other families in my flat. Kindly provide any information / solution.



Thanks in advance ,

Anonymous   12 July 2023 at 16:48

Clerk's typo mistake while thumb impression & photo

During plot registry clerk did a typo mistake of my name during taking thumb impression & photo. Entered my father's name & cast wrong. Is there any issue?
Rest everything is fine like my adhar no, pan no. and name on other pages.
Will that require correction deed?

Anonymous   12 July 2023 at 13:15

Change of bride's surname after marriage

Sir,
Bride and groom are of different surname . Can bride keep her surname unchanged after marriage . What does rule say in this regard ?

With regards ,
Sudhir Saha

Anonymous   12 July 2023 at 11:32

Builder not provided proper sewage system

Builder is trying to give handover of our building (society) without solving sewage gutterline problem existing since last 2+ yrs. Builder is blaming gov agency to solve this but gov agency doesn't have record of gutterline sewage connection with our building on paper (via rti) and hence using it as an excuse. He now says its part of township and they will handle but gutterwater is accumulating outside our building and we have to pump that water to a gov gutterline whose connection doesn't exist with gov agency.

How can we make builder / gov agency solve this problem? He has BU permission but gutterline isn't proper (legitimate) and drainage water is accumulating constantly inside and outside our building !!

Anonymous   12 July 2023 at 10:34

Occupational charges

My brother died due to covid in May 2021. He was the sole caregiver of our mother, a 86 year old double stroke patient. After his death my mother asked me her elder daughter to live in my brother's flat since she was unable to live alone. My brother's wife had left her marital home 2 years prior to his death. So I have been living in my brother's flat for the past 2 years. Now my brother's estranged wife is demanding occupational charges for staying here since she is a co heir. Is that legal? What about the grounds of sympathy and ill health of my mother who will be 89years in September that compelled me to leave my own home and stay with my mother?