Sanjay Sharma
21 December 2011 at 09:18
I am staying in a pagdi system chawl room in Mumbai and have renovated the house by increasing the vertical wall height to aount 14 feet , which is as per the BMC norms. However, the pagdi landlord is demanding an amount of Rs.5,000/- for the permission of construction/ renovation to obtain his permission .
We refused to pay the amount to him as the vertical limit of the wall was increased to BMC regulations. However, he has taken us to the policy station and by force the policy have asked us to settle the matter by paying the amount to the landlord. We paid Rs.2000 to the pagdi owner (under the policy pressure).
Now the pagdi owner is demanding the amount of Rs.3000/- for the renovation and on asking the written NOC for construction and also the receipt for the payment he refused the to give anything in written.
Further, to our understanding the pagdi owner has sold the land to a builder for redevelopment, however due to the opposition of the local people and their wish to carry out a “ Self Development”, the builder never started the construction and also the approval for the self development is pending for approval at the mayor’s office. However, he is still collecting the rent from the tenants.
Also , many people in our locality has constructed the same structure and the landlord has not asked a single amount from them, but hs is behind my life to pay the amount to him.
I would like to get clarity on the below points:
1. As the vertical wall limit was increased to 14 feet under BMC – Mumbai law, is it necessary to get an approval or NOC from the landlord ( Pagdi owner ) or BMC ( 14 feet limit is predefined under BMC)
2. Is the pagdi owner eligible to demand any amount from us and not give any written consent or receipt?
3. What can be the consequences for not paying him the amount ( as morally it is not correct to pay an illegal amount)
4. Can the Pagdi owner force and harass us by complaining the police and asking the BMC to destroy the redeveloped wall. (Also not all neighbours have done same renovation in the past and no action has been taken against them)
5. Can the Pagdi owner demand us to legally EVICT the room
6. Can you suggest any organization or federation or association along with the contact number to guide us and help us out to settle this kind of situation
7. What can be the legal proceedings fro avoid such a kind of harassment to us by the landlord.
8. How to deal with the situation to avoid eviction (before it can come to our doorsteps)
9. How can we directly deposit the rent for the house to the court.
10. Can we be evicted / how to avoid the eviction and further inconvenience?
Anonymous
20 December 2011 at 20:57
Hi,
I have a property taken in Kharaghar , Navi Mumbai . Agreement for sale has my name and my husbands name (in the format , Myname , Husbands name ). I have shown agreement copy to couple of advocates and they told me that he is 50% owner of the flat
I am paying all the installments for this flat and it is still under loan.
At the moment marriage is on the verge of a divorce and would like to make sure that I am the complete owner of the flat. What will I need to make sure in order to get this done.
I have got 2 advises from the advocate and both are contradictory
1. Make one release deed and my husband and I will have to sign it. This needs to get registered by registrar. No need to pay stamp duty
2. Make release deed and get it signed by my husband and also pay 2% of stamp duty on the 50% evaluation of the flat
In case of option 1 I do not have to pay stamp duty. Will this give me complete ownership of the flat and he will not be able to claim it in future ?
What is the benefit of going by option 2.
varma
20 December 2011 at 16:47
1)'A'(vendee) is denying Title of 'B'(vendor) & asking refund of his earnest money on basis of stating that 'B' had only Registered Gift Deed in her name from year 2008 & who had given given gift i.e her husband did not have any Title document in his name& Actually the owner of that property is 'C'.Hence 'B ' had no right title which comes under breach of contract(sale agreement)
1Q)In this situation whether 'B' can defend her case by saying that 'B' is owner with possession as per Gift registered and in alternative 'B' also perfects her Title by way of adverse possession for last 12 years who is openly,uninterruptedly & exclusive possession(both possession of 'B' & her husband) & so there is no breach of contract & hence no refund of earnest money
NOTE:'A' did not made 'C'(true owner) has one of the party in the above case as he does not know where he & his legal heirs are living.But he just mention True owner name in this case & there is no chance of making True owner has party in this case.
Note:'B' husband has proof for possession uninterreptedly for last 12 years i.e he develped that land & boundary wall also constructed & he started growing buffaloes in that from year 1996 to year 2008 with out dispute on that property.
2Q)PLZ tell strong defence arguments to file written statements in court for gainning of case in favour of 'B'
3Q)Also tell how both plea i.e owner ship of 'B' through registeed Gift deed & perfected her Title by way of adverse possession because of 'B' husband enjoyed that property can be plead in single written statement.PLZ advice
Anonymous
20 December 2011 at 16:09
sir,
if i wish to gift flat to my wife so that rental income will be of her income,weather i have to file gift deed and pay stamp duty and registration again??
Anonymous
20 December 2011 at 15:21
Dear all,
My mother has some land (from her father. He acquired property). My mother want to gift to myself and sisters. But my brothers file suit against this land also informed to Public through Daily news paper (for no sale rights to my mother and gift her daughters ) also we received summon from court.
(case Mother, Daughter Vs son) my self along with two sister & brothers 2
1. In this time my mother sale the properties is valid/ or not
2. After sale arise any problem
Anonymous
20 December 2011 at 12:50
Sir,
I have notarised documents like agreement to sale, GPA, Will, possession letter and receipt for the year 2006 for the property at Delhi. I have complete chain of documents till last owner whom i got this property and these all chain of documents are GPA registered by Sub registrar except my document. Now I want to sell the property. Kindly suggest me the way. I think my property belongs to gram sabha or lal dora, i think that’s why all the chain of documents belong to GPA. Even, I think now a days registrar is not registering the GPA in Delhi. They register GPA only in case of blood relation. Please help me.
sangameshwara
20 December 2011 at 12:14
“A” - OWNER OF THE PROPERTY.
“B” - OWNERS SON
“C” - REGISTERED GPA HOLDER & AFFIDAVIT OF SALE CONFIRMATION
“D” - PROPERTY PURCHASED FROM C
Dear Sir,
1. “A&B” both of them sells the property to “C” though a REGISTERED GPA & AFFIDAVIT OF SALE CONFIRMATION ATTESTED BY THE NOTARY PUBLIC.
2. “C” sell the property to “D” through REGISTERED SALE DEED & “B” also signed as WITTINESS (But signature is different when we compared to REGISTERED GPA, but C can able to give witness in the court that he is signed in SALED DEED & we can able to prove that both the THUMB IMPRESSION are same (GIFT DEED & Reg GPA by “B”)
3. after 3-4 months “B” is creating a problem, “C” filled a CIVIL SUITE.
4. Now “B” is showing the paper that he got the said property from “A” through a REGISTERED GIFT DEED.
REGISTERED GPA & AFFIDAVITE OF SALE CONFIRMATION ATTESTED BY NOTARY PUBLIC ON 1995
REGISTERED GIFT DEED ON 2004
REGISTERED SALE DEED ON 2005
“A” property is self acquired property (Registered in sub registered office)
“B” is saying that “A” is not sold the property to any other party.
“A” is given the property to “B” as a GIFT DEED.
A, B, C, D are alive.
Let me know is it possible to file a CRIMINAL CASE/FORGERY CASE on “A &B”
1 “A” is already sold the property to “C” & again given the property to “B” as gift deed
2 “B” Thumb impressions are there in Reg GPA hence he knows that they already sold the property.
3 “B” filled an affidavit to court that they have not sold the property any other party.
4 “A” is mentioned in GIFT DEED that he is not sold property any other party.
Pls help us.,
Arjun Jaganathan
20 December 2011 at 11:48
My client's father died intestate. My client has 3 brothers and 2 sisters. My client wants a property belonging to his father to be registered in his name.
1. Should he get a release deed only from the 3 brothers or even from the sisters.
2. I came to know that a women has got a share in property if she has got married after the yr 1990. (In my case the sisters got married before 1990)
3. Is is enough if he gets a no objection certificate.
Anonymous
20 December 2011 at 11:19
Recant my chall members are doing one adhoc committee.She is right way for showl
ving all problems.What adhock committee rights?.
What adhoc committee have any rigths for mention.Comam aria mentions (means like that coman toilet repairer and drainage line also keep clean aria whithout landlord / owner permission ).
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