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KETAN J SHAH   03 October 2014 at 13:37

Society maintenance

Respected Sirs,
I M a landlord of a building in Mumbai. In 2007 after additional construction of 3 floors I sold the new flats on ownership basis and some old tenants also opted to purchase their premises and converted to ownership. However some 17 tenaments remain with me of which I M the landlord and I m paying the maintenance charges on behalf of these 17 tenants to the society. The MC charges include 10% Non-occupancy charges since the flats I M holding are given to tenants on rent before the construction of additional floors.

I M the chairman of the society. Today I received a letter from the other members saying that I should pay 10% to the society from the Rent I m receiving from the tenants apart from that 10% NON OCCUPANCY chgs.

I M already paying 10% NOC chgs on every outgoing that is, Salary, Electric chgs, Repairs, where as I M suppose to pay this NOC chgs only on service chgs.

Please advice wether the demand raised by the members is legal or illegal.

Thanking you in advance

Geeta B   02 October 2014 at 17:05

Parking charges

I have a query regarding parking charges

I stay in mumbai. One of the resident of our society has rented out his flat to XYZ. The owner of the flat has not been allotted with any parking. He does not have any vehicle and he's not staying here.
But the rental person who is currently staying in the flat owns a car and was finding for a place to park his car. Immediately my neighbor, who owns a parking space allotted by the builder offered to park the rental person's car to be parked in his parking space for a rent of Rs.1000/- per month.
My question is... In this case the parking charges will be borne by whom? i.e billing will be done to which person?
The original flat owner who has never owned any parking space in the society till date or the person who has willingly permitted the rental person to park his car in his parking space on rent of Rs.1000/-

Under which section of bylaws number the charges should be levied?

Can after AGM the MC allot & permit parking of 04 wheeler in front of the Water pump panel or CCTV control room area? Pl advise and quote the relevant section/act under by-laws. Thank you.

Ajay Kochar   02 October 2014 at 16:26

Regarding society agm

Respected Sir,

As I am living in one of the co-op hsg society. AGM of the society held as on 28.09.14. In which following points we observed.

1) Secretary gives a resignation and which is also accepted by the chairman and such thing not informed by committee to the members before AGM.
2) Audited balance signed by the person who is the member of the committee and declared secretary by committee itself and signed the audited balance sheet?
3) Accounts of the committee not accepted by the society members due to non availability of Audit report and several discrepancies in accounts for which committee declear that they get extension for submission of audited balance sheet from registrar and we pass the same in Special general meeting in the ned of next month.
4) Before preparing Audited balance sheet of fy 13-14, no any audited balance sheet prepared for previous year i.e.fy 12-13 by the auditor as this is the first accounting year for the society. society register in jan,13.
5) chairman not acknowledge any letter through which we requested several accounts related details.

Request to give your suggestion on above points of mine and members of the society.

V S Vaswani   02 October 2014 at 16:12

Agreement execution

Can:

1. An agreement be executed with people whose names do not reflect in 7/12 extract but their names reflect in Sale Deed.

2. If at all it's executed, what are the implications/consequences if they are uneducated?

An early response will be highly appreciated.

Regards
Vrinda

Dinesh   02 October 2014 at 14:35

Regarding society negligence.

Dear Experts,

I would like to thank you in advance for spending your valuable time for my query.

I stay in a co-operative society in Mumbai.

Our society was undertaking some cleaning work in our society for which they had called for trucks to take away the rubbish collected.

The truck, while passing outside our house brushed against my car and damaged it badly. The truck was hired by the society to do society work.

Do I need to file a police complaint against the society for negligence or simply write to the society asking for compensation. What would be the right thing to do??

Thanks.

Sameer   02 October 2014 at 09:04

Resale of evicted property

Dear Experts

Is there any provisions under standard rent control act, regards no resale residential property evicted on the ground of personal necessity.....Thanks in advance

Shah   02 October 2014 at 00:04

Incorrect pin code in agreement of assignment

Hello,

We completed agreement of assignment for a flat last week and I found that my lawyer mentioned incorrect pin code in the document.

Same mistake is done while paying for registration fee and stamp duty via online form.

Also age of seller and buyer are slightly different.

What are implications of these mistakes and what should be done to correct these?

shilpa gujar   01 October 2014 at 23:47

Huf

yes father had made all his property. by birth he didnot got anything. My father is paying tax in huf heading. He (bro) had not showed me any paper by orally he saying saying all this. He said that its under huf heading so it will go to only olest male male son in family and u will not get any share in it and u married also.And father had made him nominee also. i also want to ask what means nominee. If he is nominee then i will not get share. if suppose he is nominee on fds then he will get all this amt no share in that also. i none more sis also.

Vipesh   01 October 2014 at 20:14

Suit withdrawn by petitioner can be refiled again

Hi

I want to ask the following query

1) An Eviction suit was filed by the Landlord against the Tenant in Pagdi System.

2) Now the Landlord has withdrawn the Case against the Tenant

Can the Landlord once again file the case against the same Tenant for Eviction on the same grounds which he had filed earlier

What is the minimum cooling period under which a Landlord can again file suit of the same nature on the same Landlord

Monesh Agrawal   01 October 2014 at 13:40

Enquery for the context of tenants vacated the shop

Sir

I have seven shops in Jaipur. Which is occupied by tenants last 45 years and they are not evacuate my shops. in that case how can i evacuated my shops. please suggest me.

Thanks