Monika Verma
18 August 2014 at 20:02
I had leased a flat to a company in April 2010. Later on I found that the company had fraudulently forged the documents and had kept criminals in my flat with the intent to force me to sell the flat. However, I was able to get relief from the court in the case filed by theses criminals. As the court had declared all the occupants illegal after expiry of the lease agreement on 16.10.2012. Subsequently, these criminals fled the property leaving behind some stuff in the flat and changed the lock. Now for more than three years, rent and society charges and electricity dues have not been paid. Pl let me know how ican get possession of the flat under my control. I have not signed any agreement with the two people staying in the house. As the company owner who had signed the agreement had denied signing any agreement with me in the court and this person had never stayed in my flat and the criminals staying in my house have also filed in the court that no agreement had been signed by them with me. Pl let me know the options a available. Thanks and rgds.
Keval Desai
18 August 2014 at 19:17
Hi, I am younger brother and I need direction to transfer flat to my name. I will first share some details regarding the said flat.
1) My flat was in the name of my elder brother and my mother when it was purchased 10 years ago. (as loan was taken on my brothers name)
2) My mother died few years back and her share was transferred to me and my fathers name.
3)So now we have 3 names (my brothers first, second my fathers and third mines) in share certificate.
4)old flat went under reconstruction and new agreement was done with builder/developer which contains name of all three of us. (loan taken was entirely paid by me as flat was going for redevelopment).
5)We got the possession of the redeveloped flat and society also issued allotment letter in name of all three of us.
6)Currently no loan is availed on this flat.
Now the question is that my father wants to transfer this flat to my name in exchange of other property which will be given to my elder brother.
Please let me know what needs to be done in this case so that entire propriety related to this flat stays with me and my elder brother or his dependents (wife/kids) do not have any claims on this said flat.
I am really confused and any help will be really appreciated.
vinda a. kawatkar
18 August 2014 at 18:45
our mother died in 2012 living a will & a note x1-x2 as executors. on this basis we requested petition them to proceed the probate petition. its almost a yr. now but either of them is not acting what are the options available to us. our father died when we were kids. we are 4 heirs all staying in Maharashtra.
sam
18 August 2014 at 18:05
Greetings,
We stay in small C.H.S. having 8 members Building was constructed in late 1990s. Since last 4 year, I had tried to get Conveyance of Society and we also appointed professional to get it. Initially he told us that it will be matter of 3 months.
However existing builder did not gave response and after 1 1/2 year, we had to get our money back from professional as he failed to get our Conveyance.
Now old builder have sold redevelopment/Conveyance and other rights to another builder. Who wants us to sign MOU for redevelopment with him, then only he will allow us to get Conveyance.
Some members are showing extra interest to sign MOU with builder without following any following procedures like appointing PMC/Architecture, Get Conveyance for society, publish Advertise asking for Tender, get better offer for tender and then choose right builder.
Que.1. Though I tried to explain terms, Few members are interested say 4 out of 8 members. How can we get court assistance like stay or so?
Que.2. What is Court Fees and other Legal Charges to get legal assistant in Mumbai.
Sudeep Sen
18 August 2014 at 16:54
I have paid Ra. 3 lakhs (by cheque) as advance to a property developer. The property developer is selling approximately 1300 plots of different sizes. My plot will cost Rs. 8 lakhs. Rest of the amount Rs.5 Lakhs he is demanding in 36 equal installments. But, while surfing e-net I found that the company is not listed and 143 declaration is under process. My questions are; (a) How I can check his authenticity. (b) And if it flops in near future, then how I can get my money back. (c) Is there any fast track court meant for property dealings also. Please resolve my query. I shall ever be grateful to you all.
Shankar Mohan
18 August 2014 at 13:58
Dear Sir/Madam,
My Father-in-Law (FIL) bought a flat in Dombivili Mumbai during the year 1990. He passed away in 2012 and this sunday(17th August), we had transferred the flat to his Nominee (my Mother-in-law's name) with a confirmation from the society(after a meeting held on Sunday along with NOCs from my wife and Sister in law for transferring it to their mother and the society members agreeing for the nomination and Flat transfer to my MIL's name. The Co-op society comprises of total 12 families (3 floors of 4 families) and My FIL's 1 BHK flat is in the 1st floor. We reside in Pune and occasionally visit Mumbai (once in 10 months)
Now the issues:
1. The society comes under the Dombivili MIDC area. The MIDC has allocated the land on lease for 99 years. The issue is that, during the society formation in the year 1990, the members of the society had registered and paid around 250 rs/- and submitted the documents for getting the N.O.C from MIDC. But none of the people have the receipts now and MIDC is suggesting that they have no documents available with them supporting the same.
It is almost 24 years now and even though the society is registered, there is no NOC available from the MIDC and the society has no proof of the same. Also each society member needs to provide MIDC with an amount of 35000 RS for each transfer of property(re-selling). Many a members have done 1 or 2 transfers already and they haven't paid anything. The current members(new buyers) are not ready to pay the money to MIDC and get a new NOC. For example, flat owner (1990,is now seller 1) sells his property to Buyer 1. Now Buyer 1 (who becomes seller 2)sells the same property to Buyer 2. Now the buyer 2 has to pay for both the Re-selling( done by seller 1 and seller 2) to get the new NOC from MIDC. So the people who bought the flats on single or double resale are denying to pay the money and is suggesting that the whole of society(12 families) should share the burden and irrespective of how many transfers (0 - whatever) the value should be equally divided between all 12. For this the remaining members disagree as some of them(including my FIL) hasn't even done a single transfer(re-selling).
2. Because of this, the society secretary(who bought his flat on 2nd reselling) is not taking any step forward for getting the NOC from MIDC. The disadvantage because of this is that the society legality is in question and if somebody wants to sell the flat the buyer wont be eligible for a loan(Loan eligibility is 50% for properties aged above 20 years). Also the society hasnt been audited since 2001. This also the society is not ready to do.We are stuck and unable to sell the flat.
3. The other issue is that, because of the heavy rains in Mumbai the water is soaking the ceilings of my FIL's flat (and also some 4-5 other members flats). There is no shed coverage on terrace for rain waters(I've seen it in almost all of the flat top most terraces in and around the area). For this also the there are 2-3 members in the society who are not co-operating and they put the process on hold. By next monsoon there is a very good probability of the building falling down. Not only that, without the top shed cover, no matter how much we will spend on correcting the ceiling, the ceiling will be getting wet again and again. I've spent like 1 lakh already, but all went in vain. We are unable to rent the flat even, as the flat looks really shabby and nobody wants to rent it. They havent painted for more than 20 years now and hence we are unable to show it to people for selling also as the society building looks really very old, dirty and the society name plate is also not there in the building. It looks ugly both in the inside and the outside.
My MIL has only two daughters and my wife is the eldest.The younger one just finished college(unmarried) and starting work this week with a private bank in Pune. My MIL and SIL live with us in Pune. What is frustrating is that, the society doesn't seem to care nor understand the situation, that we have to travel each time for any issue to mumbai and also the three women (My wife, sister in law and Mother in law) are helpless. The society members are heartless,and keep pointing fingers at others and are treating us a joke. We are unable to sell nor rent the flat. The repairs will again cost me around 2 lacs. But I cannot do it until the shed for terrace come into place (which again will cost me money but I am ready to spend) otherwise it will all be wasted again and I don't know when we can sell the flat(It is already 24 yrs old and counting).
My query to all of you is, what can I do legally against these society people. How to get things done. We need to sell the flat so that the share can be divided into three (MIL, SIL and my wife) and part of which can be used for my SIL's marriage and the rest be deposited into her bank account for her future family. But these heartless people are not helping in any way. Myself and my Wife are already disturbed and distressed while my MIL has no words to say. Please consider our case and your very best legal advise will be heartily appreciated.
Thank you.
Best regards
Shankar Mohan
Prem
18 August 2014 at 10:06
Hi,
My parents are jointly holding a GPA property which was made in the year 1990.
My father expired 10years back, and now we actually wanted to register the GPA property to my name and my sisters(Jointly).
The principle owner of the property who gave GPA to my parents is Alive.
Please give me some idea on how to get registered the property as mentioned earlier.
Regards,
Prem
kavkaz
18 August 2014 at 09:28
Query 1: Is there any need to put the issue of Leaking Terrace Repairs in the Co-operative society Annual General Meeting?
Query 2: Also, in the AGM can a proposal be passed to reject such a claim of reimbursement of terrace repair expenses, when such an expediture bills are provided to the AGM?
kavkaz
18 August 2014 at 09:22
Query: Can i attach exhibits or annexures in the Replication of Reply which i have filed in the Co-operative court?
I am asking this because I have already attached some of these exhibits in my original petition but I have got some more evidences to be attached as Exhibits.
Query: Also, can i attach a same exhibit again in the Replication of reply?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Transfer of property
Dear Sir,
I am planning to buy a apartment in mumbai. The first owner is Father of the individual who is trying to sell the flat to me. Father has initially made a Joint will (along with wife) wherein it was mentioned that if father dies, mother becomes the owner of the property and vice versa. The will is registered. After this, father expired and mother became owner of the flat. Later, mother made a gift deed which is also registered and wherein mother has gifted the flat to elder son who is now selling the flat to me. The owner (elder son) has 2 brothers and a sister.
My question is that the transfer of property under registered will and registered gift deed valid? or the will needs to get probated.
If i decide to buy the flat and if the seller is unable to give NOC from his brothers/sisters, then can the brothers/sisters claim any kind of rights on the property in future