Suryakant Chaubal
18 May 2014 at 23:01
From : Prof Suryakant Chaubal
Flat No. 105, Neeta Chambers,
Shivajinagar,
PUNE 411005.
Cell : 9890041324
Dear Sir
(1)In the State of Maharashtra, there are two laws for the governance of housing compleses. (1) "Maharashtra Ownnership Flat Act, 1963" and (2)“Maharashtra Apartment Ownership Act, 1970”?
(2)Please point out salient differences between the two acts.
(3)How does one justify “Non-Occupancy Charges”? If the owner does not occupy the flat and either keeps it vacant or gives on rental, in what way this puts extra burden on the society for maintenance? On the contrary, if the flat is not occupied there is no consumption of water and there is no generation of garbage.
(4)The Association of Condominiums, where I own a flat and have given on rental, charges separately for maintenance of Club House, Gym, Swimming Pool, Garden etc. In spite of charging “non-occupancy charges” the Society does not allow these facilities to tenants. Can this be justified?
(5)Is there any way to redress grievances under 1970 Act?
In this respect, I received a communication, the relevant part of which I am reproducing here ;
Under 1963 Act the builder makes the sale deed with the Society and the Society becomes the owner of the land, all constructions on the land and all the flats. The flat owner gets only the occupation rights.
Under 1970 Act the builder makes sale deeds separately with each apartment owner. You become the owner of the flat and you are free to do whatever you want to do with your flat. You may give it on rent or
sell it off.
Under 1963 Act, once the Society is formed, the managing committee prepares by-laws which are applicable to all members. According to these bye-laws Society puts various restrictions on the members. For
example, if you want to give your flat on rent, you may have to take the permission of the Society. The Society may not allow the tenants who are a group of students, or a group of bachelors.
If you want to make any changes in the interior, you will have to take the permission of the Society. Remember that the building belongs to the Society and not to you.
If you want to sell the flat, you will have to get approval from the Society. The Society may not accept the buyer as a new member if, for example, he belongs to (or does not belong to) a particular community.
In most of the Housing Societies, according to their bye-laws, transfer fee is charged when a member sells his/her flat. The transfer fee may be 10% to 25% of the sale amount. The transfer fee is to be paid to the Society by the buyer or seller or be shared by them. The Society in Pune city, where I have a flat, charges 10% transfer fee.
Under 1970 Act, you are the owner of the flat and not a mere occupier. You are free to rent it out to any tenants. You don’t have to pay transfer fee if you intend to sell your flat. Nobody can interfere
with your affairs.
If you give your flat on rent under Leave and License agreement, and the tenant does not give you the possession when the agreed period is over, according to the new law getting possession through court is
easy and takes very short time.
The above-mentioned differences are pointed out to me by my advocate friend, who has specialization in Co-operative Societies Acts in Maharashtra.
Sincerely
Suryakant Chaubal
Pune
GaneshTiwari
18 May 2014 at 21:05
Dear All ,
My question is related to all above ,
my father passed away in 2002 but in 2001 he made will but its registered Notarized (notary )by lawyer which will help me to get share as per Notarized will
2. in above case my mom , brother , and sister is alive but notary will is made in a favor of his son only so in such case situation my sister is also to get share ??????
3. And thanks for all above query answer
Regards
GT
kishor78
18 May 2014 at 16:08
My Uncle owned a plot in Pimpri Chinchwad New Town Development area(Pradhikaran), Pune.
He purchased the plot by hiw own earning.Before death, he made registered will and mentioned that after death the plot should be transfered to his eldest son in it.
Before a month, he got expired. When my cousin went to Pradhikaran Office to transfer property on his name with referance to registered will, Land Officer told him that in addition to registered will, they need No Objection Affidavit from all other Legal Heirs as per their procedure.
The problem here is other Legal Heirs refused to provide No Objection Affidavit.We know that they will not challenge Will in court as it is genuine and the property was purchased by uncle with his earning. However they are not co operating us.
Is there any way out here? Please help.
satish M
18 May 2014 at 16:01
Hi Sir,
My dad is three brothers, My yonger uncle on my native place and using the family property. My Family and my elder uncle family, we are in mumbai from long time. Now we come to know that my grand mother’s property had sold to younger uncel & his wife name 5 years back through sell deed.
when my dad and my elder uncle (tauji) asked her about the property that time she told that she cant know... she wants to give property to her all three son equally.
This property had been purchased by selling of our Dadaji (grandfather) nanhial property and Grandpa purchased property on my grand mother name.
Now she told that uncle cheated her .. and if required she can go to court and give the statement that she wants to distribute the property to his all three sons equally.
This property to our small uncle and his wife name through sale deed.
No one aware in my village.. at the time of registration the witness were from very long place
In my village no one is aware and every one saying that they can give the statement in our favor.
We are Hidu Brahmin - Mishra
Property in place of Gonda - UP
Please replay urgently..
sobhana p.r.
18 May 2014 at 14:42
Sir,
My sisters are asking for shares of our ancestoral property which was partitoned on 31-1-1979.There are 7 children- 5 sons and 2 daughters in our family.I am furnishing the following details.
Our grand father partitioned to his 2 sons( only sons) on 19-12-1957. My father partitoned his property to me and my 4 brothers on 31-1-1979. The two sisters were married on 5/1980 and 9/1983 respectively. They were given gold and cash at the time of marriage.we 5 brothers are utilising the landed property for agriculture since 1979 and the properties are under our custody.
My father died on 9/1993 and
mother died on 9/1995
Now my two sisters have filed joint petition claiming their share in the property. The two sisters are well settled with their son and daughters married.I may reuest to inform whether they are eligible for the share?
Gopinathan nair
sudarsan sam
18 May 2014 at 11:45
Hai experts,
you are telling it is time barred. on what basis it is time barred? the condition not yet fulfilled. kindly guide me if i can file a execution petition how much time it will take?
Can I file execution petition. The decree came in 16th December 1982. I am one of the plaintiff.
It is decreed that the plaintiffs are the owner of the plaint “A” schedule properties and they are entitled for the possession of the same after the life of saramma(my grand mother) or her remarriage which ever is earlier.
vinod sharma
18 May 2014 at 10:03
“V” PURCHASED THE RIGHTS OF THE ALTERNATE PLOT/ PROPERTY MEASURING 250 SQ. YD . FROM “AS” ON 9.10.1996 AN AGREEMENT TO SELL GPA AND OTHER DOCUMENTS WERE EXECUTED/SIGNED BY “AS” IN FAVOR OF “V” .
A WILL DATED 9.10.1996 WAS ALSO EXECUTED BY “AS” IN FAVOR OF “V” . THE SAID WILL WAS DULY REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR DELHI .
MR. “AS” WAS BACHELOR AND NEVER MARRIED DURING HIS LIFETIME.
MR. “AS” EXPIRED ON 5.10.1999 . MR. “AS” HAD NO CLASS –I LEGAL HEIRS .
IN THE YEAR 2000 , AFTER THE DEATH OF “AS” , “V” APPLIED FOR THE MUTATION OF THE SAID PROPERTY IN HIS NAME IN DDA ON THE BASIS OF THE WILL BUT MUTATION WAS NOT DONE
FURTHER IN JUNE 2007 ONE OF THE LR SAY “ B ” DISPUTED THE AGREEMENT , WILL ETC BY AS IN FAVOR OF “V ” . AFTER THE DISPUTE AROSE IN RESPECT TO THE AFORE SAID PROPERTY, “V” INVOKED THE ARBITRATION AS PER THE AGREEMENT IN 2007 ITSELF .
SINCE THE DDA HAS SUGGESTED TO SETTLE THE CASE FROM THE COURT THEREFORE A PROBATE CASE WAS FILED BY “V” IN JUNE 2010 IN DELHI COURT FOR THE PROBATE OF THE WILL DT. 9.10.96 . THE WINESSES HAVE DEPOSED IN FAVOR OF “V ” .
IN THE MEANWHILE IN AUGUST 2010 “B” APPROACHED “V” FOR SETTLEMENT .
A JOINT SETTLEMENT DEED WAS PREPARED AND SUBMITTED TO THE ARBITRATOR WITH A REQUEST TO PUBLISH THE AWARD ON THE BASIS OF THE SETTLEMENT DEED. A CERTAIN AMOUNT WAS PAID TO “B” IN LIEU OF THE SAID SETTLEMENT AND RECEIPT OF THE SAME WAS ALSO SIGNED AND SUBMITTED TO THE ARBITRATOR .
THE ARBITRATOR ON 9/2010 ON THE BASIS OF THE SETTLEMENT DEED PUBLISHED THE AWARD OF DIRECTING “B” TO TRANSFER THE SAID PROIPERTY IN FAVOUR OF “V” BY EXECUTING SALE DEED / PROPER DOCUMENTS AND FURTHER IN THE EVENT HE FAILS TO TRANSFER THE SAID PROPERTY IN FAVOUR OF “V” THEN TO PAY THE DAMAGES OF CETAIN AMOUNT TO “ V” AS AGREED IN THE SETTLEMENT DEED . .
AS PER THE UNDERSTANDING A NO OBJECTION IN THE FORM OF AFFIDAVIT WAS FILED BEFORE THE PROBATE COURT DULY ATTESTED BEFORE THE OATH COMMISIONER WAS FILED BY “B” ON 6.1.2010 THRU HIS ADVOCATE . ON THE SAME DAY “B”CAME ALONG WITH SOME OTHER ADVOCATE AND STATED BEFORE THE COURT THAT HE HAS NOT SIGNED THE AFFIDAVIT OF NO OBJECTION AND BACKED OUT FROM HIS COMMITMENTS AND FILED OBJECTIONS TO THE PETITION OF PROBATE CASE . SEEING THE CONDUCT OF “B” THE COURT ISSUED NOTICE U/S 340 CRPC AGAINST “B” FOR STATING LIE BEFORE THE COURT .
“B” FILED OBJECTIONS AGAINST THE AWARD IN TRIAL COURT . DISMISSED . THEN HE FILED APPEAL IN HC . DISMISSED .
“V” HAVE FILED THE EXECUTION OF THE SAID AWARD .
NOW QUERY;
IS THE ARBITRAL AWARD VALID ?
IS THE PROBATE CASE GOING ON VALID ?
CAN THE ARBITRATION FOR SPECIFIC PERFORMANCE AND PROBATE PROCEEDINGS CONTINUE IN PARALLELLY ?
CAN THE EXECUTION OF THE AWARD AND PROBATE PROCEEDING CONTINUE PARALLALLY . ?
WHAT ARE THE LEGAL OPTIONS AVAILABLE TO “V” .
6 . SHOULD “V” CONTINUE WITH THE PROBATE PROCEEDINGS OR WITHDRAW THE PROBATE PETITION .?
7. SHOULD “V” CONTINUE WITH THE EXECUTIONPROCEEDINGS OF THE AWARD ?
sagar jadhav
18 May 2014 at 08:22
we have one house at rural area (taluka place) whr my my relative is living for more than 12 yrs.
there is no rent agreement
is there anyway property can be take over by tenant?
PARTHA
17 May 2014 at 23:40
Hi,
There are many builder sealing fourth floor in delhi ( south delhi ) area, and saying he will give proper registry of third floor roof.Is it illegal? In future will this risky ?
Please help
Partha
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Regarding lawyers fees and other documents processing fees
Dear sir/madam
i want to purchase a flat where in my city my lawyer asked me for 2000 inr for buying selling property agreement and charging me 10,000 INR for as fees and another 10,000 INR extra for property name trasfer in muncipal corporation after stamp duty ®istration fees, i just want to know that is this ok ? is itnorman fees for document proccesing and his fees for this work or he is overcharging me ? Please get me ASAP to my email ID- anmbit_24365@rediffmail.com THANKS
kind regards