Smita V
04 May 2014 at 20:11
I stay in Pune in a co-operative society and own a 1 bHK Flat. Our building will soon undergo redevelopment as per Joint Consortium..But I have been told that as per the latest parking laws since I own a 1 BHK I can get parking only for cycles and bikes and not for cars.? Only people with 2 or 3 BHK flats are entitled to a car parking and If I want a car Parking I will have to buy another flat in the same society..??Is this True..I want to know the exact rules..Are there any such rules , bye-laws governing parking?? Pls help..Thanx for ur help, advice and time.
Ria
04 May 2014 at 15:47
Respected Experts,
I reside in a flat in Bangalore and is entitled to a covered car park as per agreement.
I own a car but not allotted a car park. Another person who does not own a car has been allotted a car park.
However I have parked my car in that space allotted to the other person who does not have a car.
Now he is trying to block me from parking the car. As he wants to rent it out to others and asks me to park my car on the public road.
Please advice.
Member (Account Deleted)
04 May 2014 at 11:14
Dear Sir,
My father is a retired senior PSU executive who applied for a reverse mortgage loan with IDBI Ltd. As on date their is nothing outstanding on the property except the current ongoing home loan with HDFC.As discussed with the IDBI bank people it was assured that bank would clear off the remaining outstanding in the name of the property to be mortgaged with the sanctioned RML Amount.All the legal and technical(valuation) was done at my father's cost satisfactorily.
Unfortunately now the bank people say that his cibil investigation shows some delay in payment of EMI'S Which makes the asset stressed and disqualified for RML.
The questions which are bothering me are-
1)He was never a defaulter of any financial lending institution.
2)Apart from certain delays in payment of EMI's in respect of the home loan due to stressed finances at his end, its still paid regularly and the asset is not in NPA category.
3)There are no outstanding dues against the property.
4) As understood & discussed with professionals, the “Reverse Mortgage loan “ is not to be treated as a normal Loan against Property where EMI credibility/ Credit worthiness of the borrower is to be ascertained by the bank thru CIBIL report investigations. Here the property is reverse mortgaged to the bank by the beneficiary (Sr. Citizen) who has no source to finance his pressing family needs. I have even studied the National Housing Bank (NHB) guidelines for RML.
I understand that CIBIL score has no role to play in this case as the borrower opts for this only when he has no means of earning for meeting EMI burden. The question of credibility limits only to the extent that the deed is clear .
As far as I understand the basic intention with which the Government of India launched this “RML Product” under the National Housing Bank Guidelines ,was with the prime motive of helping the aged and the needy senior citizens to lead a life of dignity in their golden years of life when they have no one to support and no source of stable income left, thereby utilizing the equity of their self- owned and occupied residential property to come to their rescue.
It’s not a regular home loan transfer from one bank to another bank or a equity based mortgage where the borrower has to pay regular monthly installments to the bank, that the question of my father's residential property being called a ‘stressed asset” comes in to picture. Here the borrower throughout his life doesn’t have to service the loan and hence requirement of seeing past credit history has no relevance at all.
I would be grateful if you can guide me thru...and advice me appropriately that what he can do to claim his justified right of getting the loan.
Regds
Rashmi Upadhyaya
LL.B (Final Yr)
CS (Executive)
Kavitha Vallur
04 May 2014 at 08:27
Respected Lawyers,
My grandmother had adopted my mother while she was around 5 years old from a distant relative. Before her death my father harassed my grandmother and made sure that the property be transferred to my mother's name which was done as per his wish. My relatives have told me that I also have a share of my ancestral property, Is this true?
I would like to tell you about my situation. I have one younger brother and we are the only two children to my parents. My brother is happily married with two daughters. I am divorced twice and married the third time, and I not financially stable. My husband is a heart patient he has undergone angio plasty. Since two years am demanding my share for which my parents have refused to do anything for me. They bought a house in Hyderabad under my sis-in laws name and have asked me to stay there as long as I want for which there is no gift deed, only an agreement for rent was made. My dad does not want to show the copy of the will which my grandmother has made. As per relatives they say she can enjoy the property but cannot sell. Off late I came to know that my parents have demolised the property and they are planning to take a Home Loan by making my brother as a co-applicant and build a house or commercial complex at the site. Is there I can do anything as of now? Please advice.
Regards
Kavitha Vallur
09505001339
Ramanadhan
03 May 2014 at 14:54
Dear Sir,
I have paid for one property Shop around 900000 INR for buying the same as a first phase to clear the loan of transferee and he did not paid the amount to bank .With out informing me we have registered the shop to my name and the balance amount was paid to him .But he did not clear the loan in the Bank ,later insisting him to pay ,he paid amount .But now because of delay happened in the loan the Documents are delayed .How can I claim the delay which has happened to me
C Mohan
03 May 2014 at 12:34
सविनय निवेदन यह है कि मेरे परदादा की जदी जायदाद बिहार के एक जिले में है और मेरे दादा जी को मिला कर दो भाई थे और मेरे दादा जो को मेरे पिताजी को मिला कर तीन बेटे हुए और उनके भाई को पांच बेटे हुए
मेरे पिताजी व उनके सगे भाई अभी अपने बचो के साथ उसी जदी जयदाद में रह रहे है और दूसरी तरफ
मेरे दादा जी के भाई के पांच बेटो मेसे तीन बेटे अभी जदी जयदाद में ही रह रहे है और दो बाहर रह रहे है. इन दो बाहर रहने वाले मेरे दादा जी के भाई के लड़को में से एक ने अपना जमीन का हिस्सा मेरे पिताजी से पैसे ले कर उनके नाम पर कर दिया था ले किन कुछ समय से मेरे दादा जी के भाई के तीन बेटे जो कि जदी जयदाद में रह रहे है ने उसी बिकी हुई जमीन के हिस्से के लिए तंग करना शुरू कर दिया है.
इस मुद्दे को हमने अपने गाँव के मुखिया यानी सरपंच को भी पहुंचा दिया है पर सरपंच इस पर कोई एक्शन नहीं ले रहा. किरपा करके मुझे बताएं कि में सरपंच कि कहाँ कंप्लेंट करू और मुझे क्या लीगल एक्शन लेना चाहिए अपने दादा जी के भाई के लड़को के खिलाफ.
महेश कामत
Ms. Sarkar Sarkar
02 May 2014 at 20:20
Hello Lawyers,
I have a 2-storey house. My mother expired this January. I would like to keep 3-4 girls as PGs in the ground floor (620 sqft) of my house, to utilize the rooms, and also to get some financial help. My father is retired, and stays alone in the entire house.
Do I need any licence or permission?
Thank you.
MOHANBABU G
02 May 2014 at 17:03
I am mohanbabu, S/O of Gopal reddy. In 2008 in between my father and 3 of developers as made joint development agreement . Now (may2014) they are telling to make GPA. But these developers names are different from agreed developers. But these guys are also presented when my father and mother signed to agreements papers. Is there any chance to take our land back to the agriculture from residential?. What is validity period of agreement?. And also my sisters are not signed to agreement papers at that time they are all majors except me. They cheated without telling the BMRD regulations i.e 45% of the land goes to development. Only they told the percentage goes for land owner and developers. We are not setteled from last 3 years. There is any chance we take back the land?
Please help me on this regard
PRASHANT
01 May 2014 at 23:30
My Salutation to all senior experts,
my grandfather,having two wives {first expired long ago giving only a son, while from second wife-5 son & 2 daughters release and my father(sh.Satish) is oldest from second wife of my g.father). My grandfather expired in 1998 due to bad intention (wrong medicine were gave for clinical death) of my 2 uncle's(youngest brother of my father)and both they make a FORGED WILL having THUMB IMPRESSION by declaring from grandfather that"HATH HILNE KE KARAN ANGUTHA LAGAYA HAI" rather my grandfather was well versed in english-speak,read & right.this forged will was of date containg 4.10.1998 on which date my g.father was died.
As per another case decided in 1947 between my g.father and their brother,only my father and his elder brother sh jagdish (from first g.mother) was in this world.
my uncle (sh.jagdish) filed a suit for partition in 1999 and chalenging the will.
my father (sh satish) and (sh jagdish) both was entitled each 7/18 of total property.
but in case filed in 1999, there was compromise between (sh jagdish) and remaining 4 uncles and they accept some cash in lieu of compromise and transfer their share to one of my uncle. we never make any objection in the case as advised by lawyer even we appear in the case.
now today,i cleared LLB and now i want to challenge the will.
Q 1. i think most of property for which WILL was declared consist of ancestral property so how my g.father can declare will for whole property.
Q 2.How we can calculate portion of ancestral property in total property.
Q 3.WILL dated 4.10.1998, so approx 16 years lapsed, is my father still eligible to chalenge the validity of WILL ?
Q 4.I READ ON THIS LAWYERSCLUBINDIA that Probate play a important role in validity of valid WILL. can i ask for probate ??
Q 5.How we can claim our 7/18 share since 2 uncles have forged WILL and they never agree to give our valid share.
Q 6. can i start criminal proceedings u/s 420,467,471 crpc. will it be benficial for us OR harmful to opposition.
please reply must since as an Advocate i am also belongs to all your world.
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rights against the developer in pagdi system chawl
respected sir,
I reside in a pagdi system chawl since my birth, the property was owned by my dad he passed away last year. so how can we transfer the property in my mothers name & the builder has taken the ownership rights to develop a building from past 9yrs. however no construction started yet neither the agreement is made and he is also not allowing to increase the height of our house, the height of our home is 6feet at the entrance because of that people passing by the house does get hurt because of this.the builder is not allowing to increase the height of the property neither make any changes in home. please recommend what can be done and what are our rights against the builder in regards to this property.