KETAN J SHAH
25 June 2014 at 11:31
Respected Sirs
I M the Landlord of a property in Mumbai.I have filed a eviction suit against a Hospital who is my Tenant and has committed various breaches of Tenancy like Illegal Additions/Alterations , Encroachment of Common Staircase passage. Altering the whole BMC santioned plan .
My cross examination has started . The BMC had not renewed the License and Registration of this Hospital from April 2010 till Mar 2014.Since the matter is sub judice I had put up my complaints the BMC officials had been notified by me NOT to renew the License without my NOC .
However the new officials who have joined recently have informed me that they have renewed the License for 3 years. I have been fighting with my suit and BMC for last 6 years and now they have renewed the License without even informing me.
Sir Since my cross is going on can I inform the court about this as all the complaints lodged by me with BMC have been filed as evidence in the court.
Can the court order the BMC to revoke the License. For your kind information the BMC officialc had infact asked the NUrsing home to close down its nursing activity as the License and Registration have nOT been renewed.
Sir Please advice me.
Thanking you in advance.
dinesh
25 June 2014 at 11:22
I had filed suit for possession of open land in civil court under transfer of property act as lease deed unregistered for the open land. On very first date advocate of defendant appeared filed application to dismiss the suit or return the plaint to plaintiff after the proper valuation. Their contention is that at the time of entering the lease deed the one structure was existing on the suit property which was of of previous lessee. So plaintiff have not done proper valuation of suit property and not affixed proper stamp. While in our agreement to lease in one clause it was clearly mentioned that Lessor is giving open land only. Is at very primary stage when ISSUES are not framed suit can be dismissed without giving chance to hear. As I have filed suit on my own without any advocate should I on next date file say? Pl advise.
arc_2014
25 June 2014 at 11:02
In order to rent out a residential property in Delhi which is the safest option for a landlord: Lease/Rent/Leave and license agreement.
Please explain in details.
Thanks and Regards
sidd kumar
25 June 2014 at 00:58
1. According to my friend an assocaite member in coopertaive housing society can sign a development agreement as signing of contracts is one of the rights he enjoys on behalf of the first member. He says an associate member has all the rights of a member except 'right to sell'. Right to develope or reconstruct or give contracts no where amounts to selling the premises or the shares of the owner Morever all the rents payments would go in the name of the first named member, hence there is no reason for him to take any power of attorney from the first member/owner.
Please enlighten if he is right. To me logically he appears right. However my society is insisting that I must get a POA on my name for signing the development agreement.
Shailesh
24 June 2014 at 21:10
Sir
This pertains to HARYANA
A GROUP HOUSING PLOT WAS ALLOTED BY HUDA HARYANA URBAN DEVELOPMENT SOCIETY
the permission was to build 50 flats.
The Builder and Management committee were hand in hand.
thus there were 50 shares .
They built 54 flats.
But they were unable to get completion for 54 flats.
So they showed 46 flats + 4 pent houses = 50 flats and took completion
For over construction (Excess construction) they paid penalty .
these 4 pent houses were never pent houses - but 2 individuals flats in each.
The builders realised that a very huge unit of 6 rooms would get little buyers and would not fulfil his greed.
These 4 pent houses were allotted either to the builder / president of the society - in joint names (A+B - for example)
Later A+B - who were brothers approached a local court for partition - family settlement and partitioned the flat .
The earlier flats were numbered 801/901/804 and 904.
The flats were partitioned and new flats 801 and 801A , 901 and 901A were created .
Ideally while a flat can be partitioned - the share certificate can not be and it should be sold as a single unit .
The same was not satisfying the builders greed (As I said Such a big unit would not command higher premium)
The builder and management committee - passed resolution to increase share holders by 4 siting the court partition judgement.
I was sold one such flat created .
I have been sold flat no 801A.
The flat originally was 801 - and was originally allotted to Mr Sunil Gupta And Mr Anil Gupta .
It was partitioned and they took the flats 801 and 801A .
Mr Sunil Gupta sold me 801A.
Mr Anil gupta who was brother of Sunil Gupta was also the President of the society during this .
Mr Anil gupta now wants to move out.
A faction of the society has now raised concerns on the 4 invalid shares (One of which is mine)
Please advise
1)Can Shares in Group Housing Society be increased
2)WHat are my legal options
3)I want to restrain Mr Anil Gupta from selling the other unit to another innocent person .
Rgds
Robinson Victor
24 June 2014 at 20:20
Hi,
My Dad's father's property has been taken over by my Dad's brother's sons. We filed a case and despite of strong documents we lost to the local power as we live in chennai and property is in NAzareth.
1. Property is in my Dad's fathers name yet they have managed to get a new document without my Dad's fathers name and also manged to sub-divide among the 4 brothers.
2. now 1 brother isnt willing to participate in the case and backed out as "EXparte".
How is the judgement not favouring us despite of property documents proof.
Now our lawyer is saying that our case is due in few weeks and again he will use his power to win the case so asking use to move to another court.
IS this possible to change docxuments like this and still the judgement go against us?
sony
24 June 2014 at 17:55
HI ,there
if there is no will left by father and the property is self acquired property of father.There are two sons and two daughters and mother.what will be the right of son and daughters in the property?And what will be the share of daughter in the name of one of his son i.e house is in the name of his son?
sony
24 June 2014 at 12:38
Thank you sir.Even if the house is in the name of brother,do we all 4 heirs have equal share in that house??
Regards
Advocate Ravinder
23 June 2014 at 19:17
To all experts,
A Hindu father is having self acquired properties both immovable and movable. He is aged about 95 years, not able to understand what is happening around. He is mentally ill and suffering from one type of mental illness. Sometime he is not able to recognize his children and wife also. He has three sons and one daughter. The father has to perform his nature calls with the help of sons only.
In these circumstances, the sons and daughter want to partition the properties. Can they partition the properties. Will they have to take court permission. What is the procedure.
I request the learned experts opinions in this aspect.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
House
I hv a house (G+2) at andheri west, it is on my own name but inherited from father in 1979 after his death, We are 2 Brothers and two sisters, sister and brother gave me rights by taking some funds and gave me affidavits to that affect,by these affidavits, my CHS changed name on Share certficate to mine. Now I wish to gift it to my daughter.
What will be stamp duty %age wise?
Also:
After stamp Duty is paid and registered, can any outsider approach society and and refrain CHS society from changing name on share certificate?