prasad sankpal
04 August 2014 at 10:15
Please find below the Bombay high court order.We want to know what is the time limit to re-open the mentioned high court case.Because the person who signed the consent term kept residence of our mhada building in dark ,none of out residence been agreed and confirmed any consent term .
Regards
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.176 OF 2013
Siroya Developers Pvt. Ltd. .. Petitioners.
Vs.
The State of Maharashtra & Ors. .. Respondents.
Mr.Akshay P. Jadhav for the Petitioners.
Mr.D.A. Nalawade Government Pleader for Respondent Nos.1, 2, 5,
13 and 14.
Ms.Mansi Joshi i/b Ms.Sharmila U. Deshmukh for Respondent Nos.3,
11 and 12.
Mr.Abhay Parab for Respondent Nos.6 and 15.
CORAM : S. J. VAZIFDAR &
A. K. MENON, JJ.
DATED : 11TH JULY, 2014
P.C.
1. The writ petition is disposed of in terms of the consent
terms which are only between the Petitioners and Respondent Nos.6
and 15. The consent terms are merely taken on record and marked
“X” for identification. It is expressly clarified that the same does not
affect the rights of any other parties in any manner whatsoever. The
parties shall take any action entirely at their risk and responsibility.
This order does not compel the parties to do anything. Any action
taken must only be in accordance with law and only after obtaining
the permissions from the concerned authorities, if necessary.
(A.K. MENON, J.) (S.J. VAZIFDAR, J.)
Shiv
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pradeep
04 August 2014 at 10:14
I have purchased flat in kalyan. Builder has sent me informed me that it has received completion certificate from KDMC and I can take possession. For my query about occupancy certificate for the building, it was replied that both are same.
Is it correct. From whatever I have searched and understood it seems both are different. Please clarify.
Thanks.
Anmol
03 August 2014 at 23:16
Is it safe to make an investment of a flat by getting a paper for full and final payement , allotment letter and possesion letter of a flat from a builder and not getting the registry done for making profit on short term basis like an year or 2 ? cause i have seen many investors doing that way leaving a purchase on just an allotment letter from builder , and the builder charges a fixed fee for issuing a fresh allotment letter for selling it to third party , mean while i pay the electricity bills and maintenence charges to builder ? would it be suitable ?
thank you !
anbuselvan
03 August 2014 at 20:10
DEAR Experts
A vacant residential plot in a Municipal area of Tamilnadu was sold from "A" to "B" to "C" to "D" to "E" to "F" during 1995 to 2009. "F" has built a ground floor residence and got municipal assessment and Electricity on his name and sold to "G" in 2010. Mrs' "G" has only document of "F" and "G" and prior parent documents not possessing. From "C" to "F" transaction through power of attorney.
The power of attorney to "E" is registered in another place which near to us.
Can we purchase this property ? What precaution I should take before purchase.
Thanks in advance.
Regards
Kapil Tiwari
03 August 2014 at 19:47
My friend's mother had nominated my friend and his elder brother as nominees in a flat in Mumbai in the following percentage: (1) Elder brother: 50%, (2) my friend: 50%. The mother expired in March 2014.
In the nomination form submitted to the Society, the elder brother's name appears first and that of my friend second.
The queries are:
1) Will both brothers become equal and joint owners of the property?
2) In the Nomination form, it is mentioned that " As provided under section 30 of the Maharashtra Co-operative Societies Act, 1960, and Bye-laws No.34 of the Society, I state that on my death the Shares mentioned above and my interest in the flat, should be transferred to XYZ, the first named nominee, on his complying with the provisions of the Bye-laws of the society....". The elder brother's name appears first in the nomination form. My friend's name appears second.
3) Will both brothers still remain 50/50 owners of the flat after the transmission?
4) Also, if the second named nominee wishes to become the society member instead of the first, should he give a letter to the society to this effect? Where can such a letter format be obtained? Thanks.
Santosh
03 August 2014 at 16:12
Hello,
My mother has bought property by selling land given to her by her parents in year 1978.Later in the year 1980 , she gifted to my father as he could apply loan for building house. Loan was later cleared.They have 3 sons (including me youngest).My father deceased in year 2002, he did not leave a will behind.My mother along with my eldest brother were living in that house, where as myself and my other brother are in US.My eldest brother who iswith my mother, is not financial disciplined.He is in total debts and forcing my mother to sell the house.My mother does not want to sell house as she is emotionally connected and she does not have any income source other than rents.Even we don't want to sell the house.What are the rights of my brother and how can I protect my mother. Now he is asking all the loan vendors to force my mother.my mother is unable to handle the situation. Request your suggestion
N SURYANARAYANA
03 August 2014 at 15:27
A female Hindu inherited certain immovable property alongwith her brothers and sisters from her parents. She is not having any children. After her lifetime, who are the legal heirs of her share of inherited property in case she does not execute a will ? Please quote the relevant provisions of the Hindu Succession Act ?
rameez
03 August 2014 at 13:14
We have booked an under construction flat with a reputed builder in kurla east in the year 2009. He commited to give the possesion by Decemeber 2011. The construction work was delayed sighting various reasons. Our payment was made to him regularly as demanded by him from time to time. Now the construction work is almost over and he has decided to give the possesion wing wise. Few flat oweners have occupied their flats in 1 wing of which he has started giving possesion about 4-5 months back. At that time he did not insist for parking amount from those who have already occupied. Now he is about to hand-over flats in 2 wings but now he has started demanding verbally amount in cash(no-cheque payment) towards car-parking space in stlit and basement area. Without making parking payment he is not ready to handover the flat. You are there-fore requested to give your advice on the follwing points.
1) Is he llowed to sell/allot car parking space by accepting any payment.
2) Since he is not ready to accept cheque and issue any receipt even against cash payment how can we file a suit againt him if any payment is made to him in cash.
3) What is the remedy left if we dont make him any payment than he will not hand over the flat to us(for those who are in urgent need of occuping the flats).
4) Can we lodge a criminal complaint against him in police with-out having any written proof of his latest demand? Since he is asking for car parking amount verbally through his staff.
5) If any flat owner makes the payment for car parking and receives a letter for car parking allotment than after society formation, society has any right to make it null and void?
Your advice is requested.
Rameez
ars
03 August 2014 at 12:25
Third holder have expired. First two holders have approached us to remove his name. What's the procedure?
request to advise in details.
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Plan to buy a property
Hi Ld Members,
I'm planning to Buy a property in Bangalore:
Property History:
Society has formed a Layout and has been registered to a member of the society and the same has been registered in the 1993 and the leased period is indicated as 5 years, which is the member should not sell the site until 1998.
In the year 2000, the member has issued a GPA Notarized (Not a registered GPA)to xxxx person, in turn that xxxx person has registered the sale deed by the way of notarized GPA to YYYY person in the year 2002 and YYYY is in posession of the property since 2002 and have constructed the house in the 2004 and paying the taxes to the municipal authorities with valid Khata.
My questions to the Learned Members:
Is the above transaction is Valid from a legal per-say, because the Supreme court came up with the mandate that no more registration via the GPA notarized route. Since the above transactions has happened in 2000 and 2002 Can I buy the property?