Roy Philip
17 February 2021 at 14:12
Dear Sir,
I am representing a co-operative housing society in Mumbai. I have few concerns as mentioned below.
Secenario:-
One member hasn't paid monthly maintenance from last so many years and his out standing reached up to few lacs. Few weeks back he approached society and verbally and through Whatsapp requested for NoC as he want to sell his property. Immediately after his request, managing committee called a meeting and resolved that, no NoC shall be given as the huge maintenance is outstanding and the decision communicated to the member through Whatsapp.
After few days we received a letter from the deputy registrars office requesting managing committee to co-operate with the member and issue NOC as per the bye law. Society reverted to registrars office with facts and figures and also shared documentary evidence of demand notices sent to the member for payment and no revert received from the registrar office yet even though a month is passed. Now my concerns are mentioned below.
1. Is there any legal implication to the office bearers if society denied to issue NoC to member due to non payment of maintenance?
2. Can the defaulting member sell his flat without informing society in writing or providing documents?
3. Can the member allow the purchaser to stay in his flat even before the document submission to society and obtaining NoC from society?
4. What action can initiate by society to restrict the unauthorized stay in building as society don't have any documents of new occupiers.
5. Can society discontinue the services like water and HK to the said flat?
jeet
17 February 2021 at 13:00
Please suggest me
I purchased plot for construction house in 2014. Transmission line
(11/33 kv) of electricity department cross over my plot. That time seller
agreement on 50 rs stamp paper that “ within 6 months he will adjust
this electric wire out of my plot and if he couldn't do this than
purchaser can do any legal action against him"
Electricity department ready for adjust wire but seller don't want to pay
estimate money in department and now in 2020 seller said directly that
“he is not responsible for adjust wire".
My question is..
1) which type of legal action can i do against him?
2) is it right that agreement copy not consider after 3 years ?
3) In my situation which is best option consumer forum or court ?
Anonymous
16 February 2021 at 20:59
Sir/Madam,
one person(A) who has 2 daughters and one son. A has acquired 2 properties. he made a will i.e. one property to his wife during her life with out any power and after her death to his son with power to alienate or disposal and second property to his wife with powers to alienate or dispose . Now A is no more. 2 daughters are interested to get the second property. Their mother is also interested to give the second property to their daughter. But the son is not interesting ?
1) What is the procedure ?
2) that the second property is acquired through sale deed
3) how can the daughters can get the second property ?
pls reply.
C.Naveen kumar
cnaveen2412@gmail.com
Anonymous
16 February 2021 at 20:28
For an inherited property, is it sufficient to have mutation of the property in the name of the successor, or is probate of will necessary ?
( A will is there, death certificate is also available)
If a probate is required, how long does it take, and what is the stamp duty (if applicable)?
Location of property is in state of Uttar Pradesh.
Anonymous
16 February 2021 at 17:35
I am the Association Secretary of a society (20 Flats) in chennai.
It was constructed in 1992 and all the 20 owners have decided to go for joint venture redevelopment. One of the owner's flat is mortgaged with SBI bank. The UDS of his land value is double the value of outstanding loan. He is going to share 35% of UDS with Builder. Will he be able to get NOC from Bank for redevelopment and continue his mortgage.
sampat mane
16 February 2021 at 13:34
Dear Learned Members
I was fighting a property case of inheritance at my village near Waduj - District Satara
recently at local court at Waduj - Town at Satara (Case was transferred from District to Town due to huge backlog at District Level) and as I was working in Mumbai I could not pursue this case due to my illness (pancreatic cancer) for last 4 years.
I wanted to ask the experts here if i can pursue the case since I am fit and afford an advocate.
What is the procedure and documents required if I can pursue If not can i appeal for rehearing of this case in the High Court
please advise on the above also need some expert advocate to pursue this case at local level If not Can I go for an appeal for the same at any of the Higher Courts
sampat mane
Anonymous
15 February 2021 at 22:35
Dear Sir,
What is the maximum stamp duty required for taking probate in Kolkata.
Thanks,
Abhishek.
Subramani S
15 February 2021 at 18:01
Approved Plot no. was 94 with area of 2400 sq ft. was located in Pammal village, Chengalpattu Dist. of Tamil Nadu. On my request the owner , who was having patta in his name, subdivided the land (Irregular sub division) and sold me 1800 sq. ft in april 1990,. retaining the remaining 1400 Sq Ft. with him. That portion was later sold to another person. I directly applied to Madras Metropolitan Development Authority (MMDA) for approval of irregular subdivision and approval of Building Plan in 1990. The same was done by MMDA in December 1990. Now I find from the online govt.'s portal that the other person 's plot has been Sub Divided by the Revenue authorities in the year 2020 and his plot is allotted a new sub survey number. My doubt or question is whether sub division and giving new sub survery number to the other person means sub division of my portion also . Can I get new sub survey number for my half also? Or should I apply to Taluk Office concerned for sub division ? kindly enlighten me .
Anonymous
15 February 2021 at 16:57
During the pendency of the suit over a HUF property which was gifted by the grandfather to his grandsons has been in the court of civil judge senior division in one of the courts in Uttar pradesh and a status Quo order since 1999 to till date ..during the pendency of the case with status Quo order one of the brothers gives a power of attorney to a landmafia which was registered in some other state in 2006 and then in 2018 went into a registered agreement with his own brother in law with a time frame of 35 months indicating that if Mr B ( his brother in law ) does not come to the registry office on the given date ..he will file a specific performance suit and get the registry done in his name .
My question is ..is the registered power of attorney valid during the status quo order on the said property ? and can the landmafia get into an agreement with his brother in law ? and can he get the property registry done through court of law in such a situation..thank you
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Validity of business resolution from a partnership firm
A property sale has been made to ABC from XYZ. ABC is partnership firm. Based on a business resolution DDD did the purchase on behalf of ABC. Now AAA did the sale of this property on behalf of ABC to PQR. Can ABC now raise an issue about the validity of sale since the sale deed doesn't mention power of attorney but just authoritative representative along with business resolution copy ?