Member (Account Deleted)
01 January 2012 at 10:59
My society was registered in 2002, but is yet to receive the deed of conveyance from the builder.
The managing committee refers to the Bye Laws of the Cooperative Societies (Blue Book - March 2011) for framing laws around functioning of the society.
One of the flat owners has apparently picked up a loophole in that book and is exploiting the same to park his commercial (tourist) vehicles inside the society. Also, he uses the maximum open space to park his vehicles (12 in total) causing utter inconvenience to other flat owners.
This is over and above the covered parking spaces he has purchased.
Can you please advise what is the right rulebook to reference and what exactly do the parking laws in Maharashtra state?
Thank you for your valuable time and inputs.
Anonymous
31 December 2011 at 20:37
Respected Experts,
Please bear with me and help me understand the meaning of these terms.
1. What exactly is patta?
2. Is there any difference between patta and patta transfer?
3. Who pays for these charges in land sale? Does the buyer pay or the seller pay?
4. Who can obtain patta? Should it be only the owner or anyone even without the knowledge of the land owner?
5. If somebody who knows about the property details obtains patta on legitimate owner's name(without power of attorney and the knowledge of the owner) and starts price negotiation without the owners knowledge)?
Please clarify.
Thanks.
Anonymous
31 December 2011 at 19:50
Respected Experts,
I was born in India and had Indian citizenship and now a United States citizen.
My father became a sannyasi more than 10 years ago and my mother is in her late 80's.
I do have 3 younger sisters and they all live in India. They all want me to take ownership of all my parents lands and register before anything happens to my mother.
we do not have patta or sale deeds of my parents lands in Tirunelvi(Tamil Nadu) but my sister has been paying all land taxes and she maintains receipts.
With this information, need to get official land documents (like sale deeds, patta etc)
Please advice
1. how long it will take?
2. do I need to be physically present in India
3. how much will it cost
4. the land is agricultural and can the land title be transferred to me (i.e heir but an Overseas Citizen of India)
5. in case something happens to my mother before the properties of transferred, is there any complications?
Thanks in advance for your guidance.
dawood ahmed
31 December 2011 at 17:40
DEAR EXPERTS,
IT IS WELL SETTLED BY THE RECENT APEX COURT JUDGEMENT THAT THE HIBA (GIFT BY A MOHAMMEDAN) NEED NOT BE REGISTERED. ON THE BASIS OF A NOTARISED GIFT DEED OF A MOHAMMEDAN IN RESPECT OF A HOUSE, THE DONEE APPROACHED MUNICIPALITY FOR MUTATION IN THE RECORDS FOR PAYING THE TAX ON HIS NAME. THE MUNICIPALITY SAYS ONLY ON THE BASIS OF REGISTERED DEED THEY CAN EFFECT MUTATION. FILING OF SUIT AND LEGAL PROCEEDING WILL COST DEARLY NOW A DAYS AND IT CONSUMES TIME ALSO. SO WHAT IS THE REMEDY? PLEASE GUIDE.
Anonymous
31 December 2011 at 14:01
Dear Experts,
My client was to receive a sum X from a middle-man as per out of court settlement of a "sale agreement" with vendors/defendants. However the middle-man could not pay money on time and made an agreement with my client as follows:
1) To pay 1.5X the money in six months therein, failing which he will transfer ownership of a land, he owns, to my client.
2) Cheques were issued for 1.5X money as a guarantee and to be returned when cash was paid.
The middle man has not paid money in stipulated time.
Questions :
1) What stand is court likely to take in decree: award money as compensation or specific performance to transfer land?
2) Is there any recent judgement in this type of case ?
Regards
santhosh
Anonymous
31 December 2011 at 13:13
the owner of shop is NRI and he gives the POA to his neighbor to constitute the act on his behalf, but can leave and license agreement of shop can be made with POA holder instead of original holder is absence if yes or No in what condition pls clarify.
Arjun Jaganathan
31 December 2011 at 12:58
I have a property which is under Mortgage. I want to transfer the property to my son by executing a settlement deed.
1.Can this settlement deed be executed when the property is under Mortgage.
2.If so, will the liability of repayment also get transferred.
kumarjainn
30 December 2011 at 18:53
sir
We are member is a cooperative housing society for allottment of plot. We had purchased the land from farmers in Ghaziabad, U.P. and formed a society for alllotment of 100/200 sq plot to its 250 members for housing purpose.
The builder has taken over the society and is building 1200 flats on the plot. some members have agreed for flat on concessional rate. some members have opted for resignation of membership on some payment. But he has not given payment. some members filed writ in Lucknow bench for allotment of plot. The bench has given the following judgment:
"The disputed question of facts and law both, whether the respondents have got
right to construct or not and the petitioner has got right to claim for allotment
of plot, are the questions, which can be adjudicated by the Housing
Commissioner, Avas Evam Vikas Parishad.
Accordingly, we dispose of the writ petition finally permitting the petitioner
to make representation to the opposite party No.1 within two weeks. In case
such representation is made, the Housing Commissioner, Avas Evam Vikas
Parishad shall consider and decide the same in accordance with law after
considering the original record and pass a speaking and reasoned order
expeditiously within three months from the date of receipt of certified copy of
this order and communicate decision. For a period of four months or till
disposal of representation whichever is earlier, by the Housing Commissioner,
Avas Evam Vikas Parishad, the status quo shall be maintained.
The writ petition is accordingly disposed of."
Now what will happen. Will we get the plot or not.
sreekumar
30 December 2011 at 12:16
Dear Expers,
I had applied for a residential site with a housing co-operative society in 2008 and paid full amount of Rs.5.22 lakhs. But till date I have not got any allottment. Out of 150 members, only very few got sites 6 months back. When asked, they say you need to wait or take back your money (without interest).
Please advice how to tackle these society people. They have political support also.
Regards
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Auction
if my case is pending in supreme court can goverment auction my property? suppose they auction once my appeal is success will i get my property back? so far they did not publish in news papper just private auctioners came and distibute notice in the locality like distibuting move notice, is that possible ? once they auction howmany days before they have to publish in news papper ? pls advise me wat step i have to take against this