ars
20 January 2012 at 11:23
In a general meeting of the society, we propose to take consent of of members for the redevelopment of the buildings.
What procedure should we follow ?
consent of atleast 75% is sufficient?
To pass a resolution what should be the content of resolution? request to provide draft.
Any other imp. and material requirments and suggestions are solicited.
pl. treat this as v. urgent
Srikant
20 January 2012 at 10:31
Dear Sir/Madam,
I have almost finalized the purchase of a new apartment from a Builder. The builder has aquired the land under a registered development agreement from a registered AGPA holder (without a conveyence deed) under the condition that 55% of the flats would belong to the Builder whereas 45% would belong to the owners. Also, the builder and AGPA have been given the authority to sell and execute deeds on the owners belalf. The flat that I am referring to for purchase is from the owners share. I would like to know if I can go ahead with the purchase as the sale/conveyence deed would be executed by the AGPA and the Builder and if that purchase would have any ramificatios later?
Look forward to your suggestion.
Bhaskar
Anonymous
20 January 2012 at 00:17
I own a flat which was rented out in 2008 and the tenant never paid rent for one year when I filed a Rcop in 2010,he paid 15 months rent in Nov'2010,on the orders of the court which was pay or eviction.with this payment he filed a petition in the Appeal court and continued non payment of rent for another 15 months.Again the appeal court issued an order to pay arrears of rent for 15 months or eviction after X.X.x,he filed a crp in the High court on X.X.x and paid cash on the 2nd hearing of crp during proceedings of the high court.And threatens to pay rents due only in next year.Can't I get an eviction order on the basis that he is a willful defaulter of rent.The market rental is 20k where as he is paying only 8k that too once in 15 months and after a legal battle.I am a senior citizen.Is there any citation that can be produced before the court in the next hearing.Please advice.
kavita
20 January 2012 at 00:10
My father is the registered owner of a plot,before 9yrs he want to sell that plot,so he paid development charges, but he was busy with his job so he gave registered power of attorney to my brother who is that time 20 yrs old to withdraw all necessary documents, and other works regarding selling.but the front party was a broker fraud, he turned that contract with another lady for gaining of extra 50000 rs.so he took my brother sign on one more agreement to sell which is not known by my father. also agreement money DD in the name of my brother issued. that money was taken by broker for process of clearing docs. After dis that lady by sum reason denied to give extra 50000 commission money to broker.So he came to my father.That time my father came to know abt all this. So my father gave him his agreement to sell money back 50000 rs +commission 50000rs, as he want.But even after giving him back 50000 rs DD he suddenly want property back, and he put the case in court so my father didn't conduct registry to other lady. at the same time the lady withdraw all documents without my father consent, took original sale deed, power of attorney, tax receipt from my bro as she want to see it first only , but she haven't gave it back.R.L. letter which is in my father name she withdrawn from NIT in 2005 by herself which we came to know abt it in 2012, brothers power of attorney, tax receipt she took all.she also took letter of possession signed by my brother. but her all documents are unregistered as we are willing to sell her that time but becoz of other case we withdraw it. she took illegal electric connection, when my father inquired abt that, he came to know she showed letter of possession and shown 3 room construction and resident of dis plot since 2007 while it was a open plot. after dis inquiry she suddenly started construction to show 3 rooms.and took possession of that plot. as per agreement to sell her period for registry is finished within 3 months after submitting all necessary docs . but even though only on that letter of possession which is unregistered she declared her ownership of that property. Is the unregistered agreement to sell, letter of possession, and keeping original sale deed ,bro's power of attorney,R L letter, tax receipt which is all docs in name of father registered. can she be declared the owner ship of that property?. and on that letter of possession can she do construction for living there.She haven't paid any money uptill now.also tax paid by my father uptill. And my father also not willing to sell her now and want possession of plot.
Shailender Bali
19 January 2012 at 22:46
Respected Counsels,
Please clarify.
if there is a plot having 3 floors(G+2)each having area of 200 sq mtrs.
Situation - Sale of One floor. Cirle rate - Rs. 100000 per sq mtr.
What will be the minimum value for sale of one floor.
Will it be
a) (area of plot X circle rate)/3
or
b) area of floor X circle rate
looking forward for your guidance
Thanks and regards
Shailender Bali
Anonymous
19 January 2012 at 20:36
sir I bought a property in 2005,the previous owner had mortgaged the property in Indian bank and when he sold the property to me he had paid all the dues and he had the perfect title with him. Based on the existence of sale deed I bought the property from him.Now I want to sell the property but my buyers advocate is insisting NOC from Indian bank. When I approched the previous owner he promptly co operated and took me to Indian Bank,but the bank authorities are shying away from their responsibility of issuing NOC saying that ten years have already passed since the clearance of loan and they do not have any previous loan documents with them.My question is whether NOC is must for my buyer or not?
Anonymous
19 January 2012 at 19:24
IN A CASE RELATING TO A DISPUTE BETWEEN ONE OF THE UNIT OWNER AND SOME OTHER UNIT OWNERS OF THE SAME COMPLEX WHERE ONE HAS ENCROACHED INTO THE COMMON TERRACE AND WHEN A COMPLAINT WAS GIVEN TO THE MUNICIPAL CORPORATION.
THE ONE WHO HAS ENCROACHED HAS OBTAINED A STAY FROM CITY CIVIL COURTS IN A OS WHERE THEY MADE THE CORPORATION A PARTY.
CAN MY WIFE BEING ONE OF THE UNIT OWNER CAN IMPLEAD IN THE OS AND DURING EVIDENCE STAGE CAN I DEPOSE BEFORE THE COURT.
Anonymous
19 January 2012 at 19:22
sir,
A is a tenant of shop premises belonging to B. They had entered into an un-registered agreement of leave and license redused inti writing in the form of a deed on a Rs.20/- bond paper instead of normal lease deed in the year 2008. Now of course in accordance with the terms and conditions of the deed B wants A to vacate the premises. A is not in a position to vacate as he failed to get suitable place despite of several opportunities given by B. Now in terms of the deed that A is never deemed to be in exclusive possession and B has the right of entry at all times, B threatens to throw out the items of A and enter the premises. What shall A the actually a tenant should do now? can he get any injunction or so? Can he succeed in getting at least an year from now? What about the effect of damages clause in the event of overstay by A as mentioned in the deed? Please advice me sir.
Anonymous
19 January 2012 at 18:51
Sir,
1) My father got a piece of plot from his father by way of gift deed.
2) My father without our (myself and brother and married sister, all are majors) knowledge made an agreement of sale to his brother for selling the said plot to him. The agreement of sale (not registered) is written on a Rs.100 stamp paper simply containing that my father selling the said plot to his brother for a sum of “x’” rupees and my father is in receipt of “x” rupees as an advance and the balance amount will be paid to my father within one month for registration of the said plot.
3) When we (myself , my brother and sister) heard about the said agreement we made a news paper public notice through advocate stating that the said plot my father got from his father and we, the children are also having the rights on the said plot and if anybody purchase the said plot without our consent, it is legally not valid and will not made responsible us and also served a notice to our uncle (my father’s brother) stating the same.
4) After that we convinced our father not to sell the said plot and my father has agreed for that.
5) But the problem is that our uncle is not agreeing to cancel the above said agreement of sale even if we pay the advance along with interest taken by my father from him for selling the plot.
7) Now, almost three months over my uncle has not paid the balance amount to my father which he is supposed to pay within one month from the date of agreement of sale.
8) In view of the above, our MAIN query is that, is there anyway to my father to get cancel the agreement of sale made by him to his brother since his brother failed to pay the balance amount to him within the stipulated one month time as mentioned in their agreement of sale. Also is there any option available to my uncle with the pre-text of our notice he can say in the Hon'ble court that because of our notice he has not paid the balance amount to my father for registration of the plot.
I once again request u to clarify is there any way to my father to get cancel the agreement of sale made by him to his brother. With regards.
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