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

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Bhavik Mehta   01 May 2014 at 17:19

Parking charges law for tenant

Parking charges in society which is newly registered. In total 220 flats out of 3 towers of 14 storeys. Society in general meeting decided to charge parking charges ie is Rs 300 for four wheels and 150 for two wheels only from tenants. Owners will not have to pay anything. The maintanence clause in leave license agreement does not specify about parking anywhere.
I wish to know whether it is correct by law to charge only tenants. If NO pls share the provision or section which I can refer to society when they forces me to pay it.

JEETENDER NANDU   01 May 2014 at 17:07

Lawyers office in parking garage of tower

Dear Respected Sirs and Friends

I am a Company Secretary and Trademarks Attorney. I am a very junior person.

My father has a flat in a tower and in the same building we have a parking garage on ground floor, this is closed parking garage and we are in possession of this garage since last 13 years, now i want to start my Company Secretarial practise and open office in this parking garage, but society is not permitting the same, however we have managed to take a Shop Act License and an separate Electric Meter for the Garage. Also we have Allotment letter from builder that Garage is alloted to my father. My question is can I legally start my office from this premises. In the Municipal records the area is shown as closed parking area on ground floor, its inside the building structure. i am not making any alterations in the structure but i am just putting a shutter on the garage.

Please give your precious suggestions and advice on the same

Thanking you in anticipation.

Anuradha   01 May 2014 at 16:39

Want to surrender my home loan

Hello,
I'm asking this on my husband's behalf. We have a 2 bhk flat in Jamshedpur. We bought that flat with 13lakhs in 2010, From last 3 years we are trying to sell it off but nothing worked. People want to buy that flat in 5 lakhs, 8 lakhs but nothing fruitful. Due to shortage of money we couldn't get it registered also. From last 3 years we are in ahmedabad & the flat vacant there, we are not getting people for rent aswell. But the EMI is 19000. We are suffering and cannot afford to buy a good property not life is secured. All the money is getting occupied their. Now we are planning to surrender the home & loan to bank, knowing all the negative points of doing so. We know by doing this we won't get any loan in future but even rightnow we are unable to get loan because of faulty situation & so much EMI.We applied for loan but failed. So, We are fed up now because even without surrendering the loan amount we are not getting loans. So please guide how to surrender ? And will their be any legal process against us ? Kindly guide & help us.

Kiran   01 May 2014 at 14:14

Uncle and aunty's share in pagadi system house owned by grandfatherfather

Hi,
I am asking this query on behalf of my father, please advise. My grandfather has 3 sons and 1 daughter. Out of three sons one is already died. We own a house in pagadi system in Mumbai and we are staying there for more than 40 years now. My aunty is married since more than 40 years same with my uncle also. My uncle left the house 35 years ago and since then we are staying there. My grandfather didnt made any will. Now the house is in my fathers name. My uncle demanded for his share two years back to which my father, the landlord and my uncle mutually agreed for an amount of 6.5L as his share. We requested him for a period of 2 years to pay this amount to which he agreed but now he is demanding more as per current market rate. We want to solve it amicably and are ready to pay them as agreed. We would like to understand in such case when house is in my fathers name, can my uncle demand high amount other than what he mutually agreed to? What should be the legal share for my aunty in this property?

mukund   01 May 2014 at 10:35

Cancellation of irrevocable power of attorney

how to cancel irrevocable power of attorney related to land sale?

Amratha   01 May 2014 at 10:03

Pent house issue

Dear sir,
In a Joint account, Myself and my husband bought a flat in Bangalore. The Apartment has got 6 divisions / Flats and one pent house which has no documents. All the 6 flats has been sold to individual owners now. On the mutual understanding of land owner and builder, there is pent house which is currently used by the old Land owner.
He is in a plan to sell the pent house, once the Akrama and sakrama proceedure gets functioned. Would like to add that old land owner is maintaining the property - housekeeping, electicity, water and lift by collecting money from all of us.
Till now, he has stopped us in forming the owner's association, as it effects him from BBMP.
Hence we (flat owners) want to know on below, Kindly help us in guiding
1. Will the illegal pent house becomes legal when he pays tax in Akrama sakrama happens. (it is at 100% voilation)
2. Will the pent house user will have right on common areas and land . (The land is divided into 6 undivided equal parts as per the agreements we all have).
3. Do we get benefited from forming a owner's association and registering it. What will be the proceedure.
4. In future, can this pent house owner (Who may buy) will be a threat to us. Will this affects on our rights on the flat / its amenties like parking, common area , lift etc
5. Should we complaint to BBMP on this. How can this help.
6. As the pent house user does not have a share in property's land (As he sold his share of 3 flats to individuals), is he eligible to stay in penthouse.
Kindly advise on the same and support us. Expecting your Guidance...
Have attached the document of Builder and land owner fyr.
Thanking you,
Amratha
***********************************************************

kalpanagupta   01 May 2014 at 08:30

Ancestral property right

A MINOR (ONLY 3 YR)
HIS FATHER HAS ANCESTRAL PROPERTY(THE PROPERTY HAS NAMED ON GRAND MOTHER )
NOW THE GRAND FATHER GET HIS SHARE WITH HIS FAMILY.
THE FATHER OF THE MINOR ARE ONE BROTHER AND TWO SISTER.
NOW THE GRAND FATHER WANT TO DISTRIBUTE THE PROPERTY AMONG THREE OF HIS CHILD
BUT THE FATHER OF THE MINOR IS READY TO GIVE HIS SHARE TO HIS SISTERS
BUT THE MOTHER OF THE MINOR IS NOT READY TO GIVE SHARE OF HIS FATHER TO HIS SISTER
MY QUERY IS:
CAN THE MOTHER OF THE MINOR FILED THE COURT CASE FROM THE MINOR SIDE? .
IS THE FATHER OF THE MINOR HAS RIGHT TO GIVE HIS PROPERTY SHARE TO HIS SISTERS?
IS THERE IS ANY RIGHT OF DAUGHTER IN LAW ON THE ANCESTRAL PROPERTY?

Elaine Nathan   30 April 2014 at 21:58

Illegal sale

My father is the only child of his parents. His father had one brother who was married and did not have any children. However, he died without leaving a will. The house that he owned was built on ancestral property but it has been illegally sold (by a man who knew that the house had been vacant for a long period of time) to a third party. The stamps on the sale deed have been falsified, my father has taken the matter to court. How long will it take before we can evict the person who has bought the house. And who would be the rightful owner of the house thereafter

Rajsekhar J V V S   30 April 2014 at 19:17

letter of relinquishinment

Our sister gave in writing on white paper of her share of property to us. Do it is valid in legal point.

Rajsekhar J V V S   30 April 2014 at 19:13

letter

We two brothers and one sister our parents having property on. Fathers name my sister gave in writing on white paper of her share of property to us do it is valid in legal form