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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Pramod Mukadam   01 June 2014 at 12:11

miss use of position by co-op housing society secretary

please guide me

1) In my society secretary has transfer societies telephone on his name without knowledge of m/c or general body. What action MC can take, how to take action?"

2) In 1986 I got my house. This is an ext.of building and there are 6 flats in my building. That time society has taken Rs. 5000 to obtain OC but till today there is no OC to my building and no track of payment we (members) paid to society. The same person was the secretary.

Please tell me what to do?

Thanks

MPramod
Treasurer

palku   01 June 2014 at 00:02

Commercial property lease

hi All,

I have rented my office in ahmedabad, Gujarat to a company for 9 years lease which is 3 + 3 + 3 where there was lock in period of first 3 years.

Now company has decided to vacate the office by givining 3 months notice to me after 2 years (during the lock in period). I hold 6 months deposit from them

Now after 3 months they want the remaining money back which I am not happy to give them back.

I have found another company who wants to take this commercial office place staightaway but the existing tenant not ready to vacate now.

What action I can take as they have not paid me any rent for last 3 months

The lease was not registered lease it was on 100 rs stamp paper

shivakumar   31 May 2014 at 22:07

Sarfaesi auction of fake property

Hi All,
I have purchased a empty plot through auction as per sarfaesi from citibank. I got sale certificate registered in my name after payment of bid amount. Bank in its Auction confirmation letter, stated that physical possession will be given after registration. They have not given possession till date. In the meanwhile we observed that there is a building coming up on auctioned plot. Upon enquiery, it revealed as follows..
Government Granted some land to X and he got DC conversion and made layout of several plot. X made two layout plans on same survey number and with same site numbers. Example site no 23, in one plan it is having dimension of 30ft by 50ft and in another plan it is 30ft by 40ft. First he sold 30ft by 50ft to Y and later after three months sold 30ft by 40ft to Z. Then Z sold to A and A sold to B. A & B were aware that they were duped. B took loan from Citi Bank pledging documents and he didnt pay any EMI. Later citibank took possession and published for auction. I purchased through auction. But now Mr.Y is constructing a building. Now where do i stand. I approached police. They told me to write to Citibank about the issue and give them sufficient time to response. If citibank fails to respond , then I can file cheating case against citibank as they have sold the property for which they dont have any rights legally.
Even now if you take EC from regsitrar office for site 23 with different dimensions, one EC with 30 50 will show only X &Y,, other EC with 30 40 will show X, Z, A, B, myself

Somebody suggest what shall i do,, this is a peculiar case.. Citibank officials have not verified documents before sanctioning loan to borrower or they have duped bank by taking bribe. Mr.X is dead already.

raman   31 May 2014 at 21:24

Rectification deed

My father transferred his property to my mother by executing settlement deed. now we have noticed that one of the boundaries had been wrongly mentioned in the settlement deed. But the same is mentioned correctly in the sale deed when my father purchased the property.

my father is no more now. can my mother execute Rectification deed. If it is not possible then is there any other means by which necessary correction be made with regard to the boundary.

shailendra   31 May 2014 at 19:22

Dakhil kharij of society plot

hello, please confirm if dakhil kharij of society plot is possible. and how can i identify that plot is not sold to anyone other than names shown in chain after conversion of agricultural land to society.

I am planning to buy a constructed house in lucknow which is not approved by LDA. builder says it is plotted by society. this piece of land has 19 khasra nos mentioned in registry. how can i identify that which khasra belongs to this land. One term "Titamma vilekh" is also mentioned in registry due to which tata capital rejected my plea for loan. pls help..if such property is worth. and where can i verify the documents.

Rahul   31 May 2014 at 18:13

Co borrower in title deed

Hi
I'm planning to buy a property on loan in Mumbai. For the loan application I have made by dad as the co borrower. Is it necessary to have my dads name as a co owner on the title deed or I alone can be the owner of the property? Also in case of my demise to whom will the ownership gets transferred before and after my marriage?

Manish Kumar   31 May 2014 at 16:17

Wrong khata no. in 2 consecutive sale deeds

Dear Experts,
Greetings of the Day!

This is the matter of my 15 years of savings, so kindly help me out to get fair justice!

I've purchased a Plot in Ramgarh (Jharkhand) in Aug '2012 from Mr. A. The same plot was purchased by Mr. A eight months ago i.e. Jan '2012 from Mr. B. Motation (Correction Slip) was issued and accordingly rent tax was paid for the year 2012-13 in both cases.

I've taken Housing Loan from the Nationalized Bank and the construction work is completed and i'm using the premises.

Now problem is that Khata No. of the said plot No. was recorded incorrect in both the sell deed and accordingly in the Motation (Correction Slip).

Now I've approached Mr. A who is not responding properly and Mr. B. is asking for a huge amount instead of the correction. Also the registrar office is asking for the full revenue twice (one for Mr. A as the correction in my sale deed couldn't happen without correction in his sale deed and one for my sale deed.

Meanwhile I've given an RTI Application to the Circle Officer for the details of land and process of rectification, but sadly no response received from their end accordingly i appealed to the SDO but again the story was same and no response came.

Finally i've decided to appeal to the SIC. May be in a day or 2 i'll do that.

But i'm not sure that weather my struggle will give me a result!

Hence i request you experts to kindly suggest me the process to get the fair judgement.

Tereza   31 May 2014 at 14:59

Ready and willing to purchase suit under specific performance

Dear sir,
I have made an agreement for purchase of land during Oct.2004. On the Stamp paper sellers party, Husband wife and son all three signatures are on the stamp paper including one of witness and the purchasers signature. Seller agreed and a token of acceptance we paid Rs.10000/- as advance to complete the procedure. I have sent a notice through advocate during 2008 but no reply. Again we have sent legal notice through advocate and the seller approached to Lawer for refunding the money which advance was taken by them. But I as purchaser did not agree since I want to purchase the land and use for house purpose as shelter. Again I have sent legal notice in January, 2010 but so far there is no reply. The seller wants increase in the amount for which I am ready since rates are gone up.
I want to know that under Specific Performance can I file a suit against Seller? What is the remedy?
I am ready for settlement for increasing the amount for purchase but I have loss and the seller is gaining? What should I do? Please encourage
Thankingyou

kadirz   31 May 2014 at 13:09

Registration agreement

I registered a property on 26/05 taking loan from housing finance company .I gave DD's of 2.4 lacs to the builder for UDS and agreement registration . On the day of registration the builder got 1 copy of registration and sale deed and i carried the MOD . The housing finance company representative did not get any documents for registration . The builder asked finance company's copy of registration agreement . When checked with the staff of the housing finance ,it was confirmed no document is required .Registration with builders copy is sufficient. I proceeded with the registration as I was told . After the completion of registration a fight ensued between the builder and fin. company ,builder refusing to give the registered agreement and finance company refusing to release 5% of blasnce payment . As a purchaser I am taken aback by this blame game as i am stuck now . I don't have any copies of the registered documents till date . What do I now ? what are the legal options available ?

gangesh   31 May 2014 at 01:04

Can abadi land be used by another neighbour after demoloshing the boundary wall of my house

Hi Sir.

My house is built on the abadi land of village as shown in the revenue records of the gram sabha of the village in uttar pradesh.I have also made a boundary wall around my house and there is a madaha(Tin shed) for putting the cattles situated inside the boundary wall. This tin shed was erected by my family and we are using this madaha from previous 25 years . Now one of my neighbour has domolished the boundary wall of my house and has acquired the madaha in my absence.So I want to know that:
1)Do I have the full right to use this madaha (built on abadi land)?

2)Can my neighbour also claim to use this madah which was situated inside the boundary wall?

3)Can I made a police complaint about the guilty person who has demolished this wall in my absence and is the police bound to take action against the guilty person?

4)What are the sections of IPC that can be imposed on the guilty person who has demolished the wall?