Advocate M J
14 September 2014 at 14:28
Respected learned members,
Sir, my client who is a retired lady school teacher has a serious problem in DRT, in connection with a HL applied, under SARAFASI Act. I request your advice on how to deal with this case, which is as follows :
1) The applicant had received a notice U/s 13(2) of SARFASI Act, she filed an IR in DRT challenging 13(2), where the DRT & the respondent had accepted the IR without filing any objections, later 13(4) was issued to the applicant. She then filed an IA for 13(4) & a stay was obtained from DRT from taking symbolic position.
2) After a period of 6 months the respondents filed the objections which is baseless & without any single evidence. The DRT closed the case mentioning to regularize the account & pay regular EMIs, without receiving the counter objections from the applicant.
3) Here what I would like to know is:
a) The applicant has to pay the pending EMIs approximately Rs.1 lakh & DRT has given 3 months time to regularize it. As the DRT has issued the orders for regularizing the account what happens to the "position notice" issued U/s 13(4), whether 13(4) is squashed or not?
b) The applicant has to pay Rs.1 lakh towards her pending EMIs now the respondent is demanding Rs.3 lakhs, what to do?
c) The applicant has received only Rs.5 lakhs towards the HL & the respondent is claiming having paid Rs.15 lakhs where Rs.10 lakhs is more, what to do?
d) Can we approach the "APPELLATE TRIBUNAL" for directing the DRT to conduct a trial in this case as there are several allegations filed in the IR against the respondent which till now has not been proved and before proving & conducting the trial of the case the DRT has closed the case.
e) Since the DRT has issued orders to close the case, the applicant has to pay only Rs.1 lakh & the respondent is demanding Rs.3 lakhs can the applicant file an affidavit in the DRT protesting to pay Rs. 3 lakhs.
Suggest me how to get justice to my client.
Dr. MPS RAMANI Ph.D.[Tech.]
14 September 2014 at 12:15
According to my understanding the meaning of the word “redevelopment” in Maharashtra and in Mumbai in particular, is demolition of an old building (mostly 2 or 3 storied buildings with no lift) and construction in its place of a brand new building (mostly multi-storied with lift) in its place without or with increase in floor space. No increase in floor-space will be available if FSI could not be increased. The existing members may get new flats of the same floor area as their old flats, but they will have to bear the entire cost of redevelopment. If additional FSI becomes available, additional floor-space can be created which can be converted into additional flats and sold to outsiders at market rates. Thus the cost of re-development can be partially or entirely financed, with less or no cost to original members.
The permitted FSI for the entire Mumbai island is 1.33. But many multi-storied buildings have come up evidently exceeding the FSI of 1.33. How has this been possible? Is there any law or any legal Government Order which permits increase of FSI in specific cases?
RAJENDER SINGH KUSHWAHA
14 September 2014 at 11:31
Respected Experts,My house situated at Vill Chhatikara, Mathura, UP is situated at NH 2 from Mathura to Delhi and NH 2 is being widened by NHAI from 4 lanes to six lanes. The ancestral house about 350 y2 we were given by our ancestors was not having any entrance except from the NH 2 side. For this my Grandfather during 1960 deposited Cash worth Rs. 50/- to some PANCHAYAT whose receipt is enclosed in the attached file in token of purchased the land in front of house for preparation of House for residence. The official records available online at Khasra No 763 & 765 of Mathura District, Tehsil- Sadar, spell that land of POKHAR i.e., the non-cultivating land under water. The Special Land Acquisition Officer court at Mathura, who is designated authority to dispense cases of land acquisition and compensation, clearly states that since the land is POKHAR in government records, our plea with said receipt is not justified. We had four rooms constructed on that land with the approximate cost of 6 lakhs during 1998. I request you to advise how I can get compensation for the structures in my possession and being demolished/ acquired by NHAI in near future.
rk
14 September 2014 at 07:28
I had loaned a sum of money to Mr X who had given his property (accquired through a POA executed in his favour by the owner) to me as a mortgage, against the money.
Since he was unable to pay my money, he executed an agreement of sale and a possession letter in my favour.
Subsequently a year later, someone else Mr Y submitted a letter to the society stating that the flat was not to be transfered as the original owner had died inestate. A court case followed between Mr Y and Mr X wherein, Mr Y has been declared as a legal heir and an administrator to this said property.
This property is a CIDCO property and I had not informed CIDCO of the sale executed in my favour. In CIDCO records, the property stands in the name of the original owner who died inestate
Mr Y has now initiated proceedings against me to take over possession of my flat. Please advice on the rights that i have and can i prevent Mr Y from taking my property.
Varun Gupta
14 September 2014 at 01:26
I purchased a CGHS flat in Dwarka last year and havn't got the membership transfer in my name yet. I have been regularly paying the maintenance fee. All my docs sale dee, conveyance deed etc are with bank as I have taken a home loan.
Now the builder and the seller has a dispute. The builder has filed a case against the seller stating that the seller has sold the property to me whereas the seller had an agreement with the builder to sell the property to the builder's sister.
We have come to know all this through seller and so far builder has not involved me in this case.
My queries:
1. Can their dispute harm me or my property?
2. can we loose our rights on our property if builder wins the case?
3. Can the court put a stay on our property due to this dispute?
I am really worried, please help.
Regards
Varun
Varun Gupta
14 September 2014 at 00:48
Hi I have purchased a CGHS flat in Dwarka on loan. All my original docs are with bank. Now i wish to transfer the membership in my name however the Society is asking for INR 1 lakh for the same. I cannot afford to pay such huge amount. Following are my queries:
1. Is it legal?
2. How can I get the membership transfer in my name?
3. Is it mandatory to transfer the membership?
4. What could be the repercussions if membership not transferred in my name?
Grateful for your advice.
Regards
Varun
Amit Banerjee
13 September 2014 at 22:22
My client has paid token advance of Rs.5 lakh to buy a plot of land, On verification of documents the buyers lawyer have asked for many documents which are missing and not updated.
The seller refuses to provide further documents saying one month is over and he is not obliged to return the token advance.
The advance has been paid in cheque and since the seller lives in a different city no written receipt has been obtained from him.
What is the legal recourse?
Sudama Prasad
13 September 2014 at 20:16
my-grand-father-purchased-17-dhur-land-in-the-year1934and-sold-3-dhur-west-portion-to-laxman-prasad-in-the-year-1948.Remaining-14-dhur-was-partitioned-equally-among-his-sons(my-father-&-uncle)in1950-vide-patition-deed.my-father-got-western-portion-ie-at-eastern-boundary-of-3-dhurs-purchased-by-laxman-pd.on-oral-permission-of-my-father,laxman-prasad-occupied-another-2.5-dhur-out-of-land-got-by-my-father-and-constructed-house-in1980-amalgamating-this-area-with-his-3-dhur-purchased.now-laxman-pd-is-not-alive-and-his-son-has-demolished-the-old-house-and-atarted-new-construction-keeping-the-old-outer-wall-undemolished-to-evidence-advese-possession-on-our-2.5-dhur.he-is-not-agree-to-handover-possession-of-the-same-to-us.please-suggest-what-legal-recourse-available-to-us-to-get-possession
Dhaval Dave
13 September 2014 at 18:58
Dear Sir/Madam
We have one property in name of my father's elder brother (my father & he both are siblings). he wants to transfer the property in my name (as after partition). We have been staying there for past 25 years, after approaching to landlord for the transfer of name ( ie from name of my father's brother to my name). he refused to do so. what can be other route to transfer the property from his name to my name as the landlord has refused for any transfer of name
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Whether revenue authority have civil court jurisdiction
Sir. In 2012 i hv purchased agricultural land through a registered sale deed n subsequently mutation was recorded to that effect in revenue record n 7/12 was recorded in my name. However. One of the co-owner from whom i hv purched the said property filed an Appeal before Sub Divisional officer At thane n challenged the said mutation entry on the ground of fraud n now i hv appeared before SDO Thane and i hv raised a contentions that that the mutation is recorded subject to sale Deed and therefore you hv no jurisdiction to determine the validity and legality of the said registered sale deed as the said right of adjudication vest to Civil Court. However he instructed me bring the valid justification in support of my contentions.so plz help me in getting valid justification