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

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Anonymous   14 January 2012 at 11:15

Formation of maitanance society/company

1 Without obtaining completion certicate from jaipur development authority/municipal corporation, a building GRAND GEEJGARH BY mangalam group ,constructed in partnership with vendor,(owners of land),Builder group had handed over building to a company exclusively owned by vendor for needful maintanance. 2. BUILDER LEFT BUILDING IN INCOMPLETE SHAPE AS SEVERAL OF COMMITTMENTS MENTIONED IN BROCHURE/MEDIA/COMMUNICATIONS ARE NOT FULFILLED TILL TODATE.BUILDER IS EVASIVE AND RATHER INTIMADATIVE AND THREATENING ON THIS FULFILLMENT OF COMPLETION OF INCOMPLETE WORKS.Vendor is partner of builder in many other projects,and thus not helpful,rather befooling residents with hand in glove together.3 A sum of two lakhs,one lakh for maintanace deposit and one lakh for health club corpus was taken,which is with builders,vendors,and exclusively personally owned company of vendors. 4.Maintanace billing is sent with nil transparency. OFFICE EXPENDITURE OF EMPLOYEES RENDERING PERSONAL SERVICES TO VENDORS ARE INCLUDED IN EXPENDITURE. A generator is placed for general services,with four connection given to flats of vendor and chargeability of expenses from all residents 5 builder had sold some of superbuilt areas and roof portion,illegally 6. BUILDER have sold common areas approved by JDA, as parking to some residents. 7 All problems are there because builders lobby in general and MANGALAM group with Geejgarh house as vendor are powerful with GOVT. .MOST OF RESIDENTS ARE SENIOR CITIZEN SCARED OF TAPPING THE DOORS OF COURTS. IS THIS MENANCE OF BUILDERS(BUILDER-VENDOR) CORRECTIBLE . A COMPULSORY STATUTORY GUIDELINE AND MANDATORY APARTMENT ACT TO TAKE CARE THE RESIDENTS IS A DIRE NEED.CAN LAWYERS INDIA TAKE A LEAD? EXPERTS GUIDANCE SOLICITED

Anonymous   14 January 2012 at 10:46

Extortion menance of builders

BULDER SOLD FLAT@2600 TO 3000/SQft for 2150 sq.ft of SUPERBUILT AREA,with possession of 1695 sq.ft built up area.The ownership rights of superbuiltup - built up area was kept with vendor and builder. Is this not a open fraud??? .what is posion of law of land in this case in rajasthan.

Shubhangi Raykar   14 January 2012 at 01:17

Unauthorized construction

A lady Having a garden flat in A flat Owners' Association in Pune has constructed 3 rooms in the garden.This has affected the security and privacy of my daughter Priyadarshini Raykar's flat as she has constructed a staircase to the terrace which is in front of my daughter's bedroom. I approached every concerned authority, the association chairman and secretary, the regional office of the PMC and even the commissioner.Nothing seems to work as probably she has somebody's strong support.The chairman says orally that I can access the terrace and barricade the stairs and even start using it if you want. We won't object. But I just want the woman to barricade the access to the terrace from her house and remove the stairs as it is affecting both my privacy and security. This of course as a compromise as the illegal construction is not getting pulled down

PRAKASH CHANDRA SONI   13 January 2012 at 23:42

Non-association for property registration by seller.

I have undergone agreement for purchase of a land and given an advance of Rs 60000. As per the terms of agreement I have to pay the remaining amount and complete the registration process of the land before 07/02/2012 otherwise I will lose the advance amount also. As I am living 500 Km away from the place I have requested & fixed two dates on phone earlier with the seller for registration and advised him to keep ready the necessary documents but he fails to find some necessary documents from "Patwari" and seems not serious. Now I have only arround 3 weeks. Please suggest.

GAURAV   13 January 2012 at 21:32

Release deed challenged by sisters.

SIR, My grandfather purchased Agriculture land in around 1948 and it get transferred by my Grandfather to my father (his only son) name in 1981 through Decree of Court during the lifetime of my Grandfather. My grandfather died in 1997. I think as the said property was transferred to my father during the lifetime of my Grandfather hence it may be treated at par like a Gift , therefore the nature of the property will be treated as personal property of my father and he can give it to anybody as he wish.

We are two brother and two sisters from Haryana and are Hindu. My father get Release Deed of the property in July 2005 in favour of both son. In the contents of the release deed the nature of the property told as “ancestral” but the same was personal property of my father. Due to this release deed the property mutated in our name in revenue record in 2005.
Now Both the sisters challenged the Release Deed in court in June 2011 stating that as the said property is ancestral hence they have also birth right share in this property.
On discussion with a lawyer he says that:-
(1) As the property is stated by your father itself as “ancestral” in release deed hence the same will now be treated as ancestral irrespective of the fact that it was initially personal property of your father .
(2) Moreover as it has been given to you through release deed which itself prove that it is ancestral in nature. And hence the sisters will get share in the property definitely.

Whereas regarding point (2) above is not against me because
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : R. S. A. No. 3020 of 2010
Date of Decision : March 07, 2011
Harjot Singh and others .... Appellants
Vs.
Gurjit Kaur and others .... Respondents
HON'BLE MR. JUSTICE L. N. MITTAL
In the above Judgement the HIGH COURT Held that Transferring title of self acquired property in family by way of release deed is legal and valid..

But the Points (1) is somewhat seems to be in favour of my sisters. My father and mother is alive.

Sir , Your comments / suggestion on above situation required.

REGARDS
GAURAV

Anonymous   13 January 2012 at 19:56

Parking charges

BUILDER HAS COLLECTED RS.2 LACS IN NOIDA FOR PARKING CHARGES STATING IT AS MANDATORY IN THE VERY BEGINNING ITSELF. THE CONSTRUCTION IS ABNORMALLY DELAYED AND POSSESSION IS YET TO BE GIVEN.
RECENTLY, SUPREME COURT HAS ORDERED THAT PARKING CHARGES SHOULD NOT BE LEVIED IN STILT/CELLAR. WHETHER I CAN DEDUCT THIS RS.TWO LAKHAS ALREADY PAID IN THE BALANCE AMOUNT TO BE PAID AT THE TIME OF HANDING OVER THE FLAT. IF THE BUILDER IS STUBBORN AND DEFINANT, WHETHER I CAN APPROACH CONSUMER COURT OR LOKAYUKTA?

Anonymous   13 January 2012 at 18:53

Require help

Actully i would like to know about sardar patel awas yojna. My two uncles are live in village & remaining people in ahmedabad. but last three years more than two house allote to my uncle son only under thease scheam. I can not understand that total 7 people are owner for entire land with my father how it possible that only two people are eligible for that scheam. not only this year but also last two years.

my question is that how to inform TDO & dist. mamlatdaar.

Can I take legal action on him.

Anonymous   13 January 2012 at 17:10

Money invested on my father's property (inherited through partion)

Dear Sir,

I had given money since 1998 to 2003 to father and same was invested on the inherited property (INherited through partion by my father). Please advice me - if how I could recover?

I have proof of all the money transfered to him.

Currently I am need of my money and father is denying it.

I am lost. He is receiving the rent and has given a single rupee to me.

Please advice me.

Anonymous   13 January 2012 at 13:58

Mutation

Father died interstate leaving behind a piece of land. Friend advises that we get mutation in my name. What does mutation mean?
Presently my brother is showing no interest in the land. But can he claim his share later on in future?

Anonymous   13 January 2012 at 13:51

Which legal documenets to sign

Mr. A died interstate, leaving behind 2 sons and wife. i understand that they will get equal shares but what are the various legal documents/options available under which legal heirs receive their equal share?