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Ashvin Rajpurohit   06 June 2021 at 01:04

Seller not provided mortgage noc

I had purchased a flat for which i had applied a bank loan. After having part agreement the seller is not able provide me mortgage noc for my loan. He is saying the society is not providing him & he had applied in society Registrar. It has been already 60 days after part agreement & the time period in agreement was only 45 days to clear the payment to the seller.
I had paid 5lac during part agreement & the total deal is 60lac

Anonymous   01 June 2021 at 19:31

Other state farmer buying agricultural land in gujarat

Can a farmer from other state buy agricultural land in Gujarat in year 2021

Anonymous   31 May 2021 at 13:54

Pagdi system

We are staying in the property of Pagdi system for more than 50 years. Landlord is not providing us the break up of our rent which we are paying. Also he is not providing us the rent receipts against the payment made by us. Recently he has told that there previous outstanding which we need to pay we are not even aware about his calculations on what basis he is asking us. Please guide me

Riyaz Quereshi   30 May 2021 at 20:11

Please give exact time frame needed between 2 notices

As per the below mentioned procedure i wish to know as to what is the minimum time frame between first and final notice served to member before approaching the registrar.
say i serve first notice on 1st june. when can i serve the second notice and after that when can i approch the registrar for a recovery certificate.



Society should issue a notice for the payment of dues (including interest up to 21%. Show the principal and interest separately in the notice) to the defaulter with a warning that on failure to make the payment as per notice, the society / managing committee has no option but to move an application for recovery under Section 101 of MCS Act,1960 to the competent authority.
Even after the reminders / warning if the member does not pay the same, pass a resolution to recover the dues under Section 101 of MCS Act’1960 in the Managing Committee Meeting.
Issue last and final notice to the defaulter

Riyaz Quereshi   30 May 2021 at 20:08

Can housing society election be held in mumbai right now

the tenure of the previous managing committee is over few months back. we are told that due to covid , elections cannot be conducted. but in our society of the three office bearers,

one had sold the flat and gone
other is not in mumbai since last yr lockdown
third cannot give time

so since past one yr no one is actively involed in scoeity management. we wish to hold elections asap. please guide how to we go about it . is there still any restrictions?

Anonymous   30 May 2021 at 17:36

Not notarized

Respected Experts,
I and my 2 other brothers had agreed to the partition of the land accordingly and it is written on a stamp paper with 2 witnesses attestation but we had not notarized the stamp paper, now is that agreement valid?

SSK_2019_DEV   30 May 2021 at 10:18

Property card for our building

Our building is located in Mumbai Western Suburbs, its old structure which we are planning to get redeveloped. It has come to our notice that the Property Card of our society is not updated, the redevelopment builder is saying he would get it done. I have couple of queries
1. What is the relevance of Property card
2. Is there any risk involved in getting the property card updated by the builder or should we as a society go-ahead and get the property card updated.

Thanks

Anonymous   30 May 2021 at 03:33

Car parking co operative society

Dear Sir
I am having flat at navi Mumbai. Society is having sharing parking. I want to rent it but the chairman is not allowing renting as tenant is having car and car parking to tenant is not allowed as per society bye laws.
1.. Can society deny ...
2. For tenant all facilities available to me shall be available.

Chinmay Dharwadkar   29 May 2021 at 12:52

Calculation of area for exclusive terrace flat redevelopment

Dear Sir/ madam,

Reference: RERA guidelines Maharashtra, Pune municipal Corporation, DC rules.

I am flat owner and member in a Cooperative Housing Society in Kothrud area Pune. I have purchased a Flat in the year 1993, when the building was constructed with brick work done and another adjacent flat of same area and design in 2004 in the same Co-operative housing society. I am one of the first members of the society and we are living since 1993 here. There are around 5-6 other members who are having open to sky exclusive terrace flats in the society (Terraces variable in square foot). Total flats are 23 and 6 shops.

Both the flats which we own are having open to sky terrace, approachable only through our flat and we have exclusive right to use them since the buildings inception. No other member can enter the terrace without our consent. Each terrace within our flat is of 120 square foot. Entry door is in the passage that connects living room, Hall and bedroom internally (please refer attached diagram). open Terraces are exclusive to use of allotee. That is myself. the net usable exclusive open Terrace that is appurtenant to the net usable floor area of an apartment for the exclusive use of the allotee.

While, these terraces are in the written agreement and are in the sanctioned plan. We have paid for the terrace while purchasing the flats to the original builder.

The society has now called for proposals from new builders for redevelopment of the building. Though this is not a new construction, these terraces are part net floor area to be surrender to Builder while Redevelopment of building. There are flats above our floor which does not have terrace option, above that there is common terrace.

Regarding this, as it is not a new purchase after RERA Rules came into existence, I have following query for your guidance,
1) How the Builder should count the carpet area of my flat as per current RERA guideline?
2) Should I take advice of an advocate or architect or of both? Can you suggest any advisor consultant from Pune City, or if you have list of authorized RERA advisors?

Society has selected one builder who has agreed with 30% extra on carpet area and he is ready to negotiate on exclusive terrace area, what should be maximum ask and minimum ask percentage from our side?

Waiting for your positive reply.

Yours Faithfully. Thank you.

sunitha nair   27 May 2021 at 23:58

Right in died husband's property by unmarried wife.

My husband had a co-owned flat with his sister under loan and the loan was being paid by my husband. My husband died suddenly and we had to move back to our village. Now I got to know that my husband's property had been sold by his mother and the sister who was the joint owner then. What all rights I and my daughter have in that property? Can his family sell that property without my signature and all like that?