MAAJIS
16 August 2011 at 08:38
Here we understood that the plaintiff have filed a suit claim for ì 2,52,000/- and for the same the court has passed the ABJ during 2006/2007 before the hearing the matter from both the parties , on the 2 land properties for the same .
Now since the matter are coming up only with dates , where neither of the lawyers seems to take the matter , on this we would like to update – where by the law permits to show some way where in if one of the property can be valued with the register valuation and if the value is more than say suppose ì 2,50,000/- or so and if for the same can we make this one of the property as for the security for the court and get the other property released
If this is possible what are the necessary steps to be taken while drafting some important points to be noted , pls guide me for the same ,
Or understanding still better is there any way out for this … thinking more positively …
PankajV
15 August 2011 at 21:51
Dear Expert,
May I take your expert opinion as whether , IT IS MUST to get the Flat Rent agreement ( Leave and License) in Mumbai REGISTERED? Ref. Mahrashtra Rent Control Act, 1999 Sect 55.
Whether there is any provision that allows to use only Stamp paper based notarisation agreement only instead of REGISTERED AGREEMENT ?
My second question is whether after completion of 11 months of a Registered leave and license agreemnt in Mumbai, we again need to go for Regitered Agreement?
Thanks in advance for your valuable advice.
Regards
Pankaj
AJIT KAWATKAR
15 August 2011 at 16:22
we are joint owner of ownership apartment in maharashtra.All the documents are in order. In our long absence the said is illigally occupied by anti socials & are in possession for last 4 yrs. we decided to sell the ppty " AS IS WHERE BASIS " This word spread among the brokers. one of them put an add in lokal nes paper about 1 m. back even though i told him to get the written noc ,which he did not.
since some of my friends told me about the add i'm trying to contact the broker /advocate for request to send the copy of add alongwith their search report but thy are avoiding.
My Q is 1]Is it not illigal to give public add without obtainning noc from owner?2]is it not the rite of owner to get the copy of add & search report ?3] since they are not responding to my humble request can i searve a notice to broker/advocate followed by complaint to bar councile ? 4] speculating trouble mey i write to Registrar's office in this regard ?your valuable guidence come in handy !
K.Ravichandren
15 August 2011 at 15:50
my father was owning a property(self acquired) and without our knowledge, and after several years(15 years)of his death we came to know that the property was sold to some promotor who constructed flats on that property and sold it to several flats and the flats owners are in their possession of the said flats. We found that our father's
property was said to be sold by his power agent and the sale was executed after my father's death. In fact my father did not execute any such power of attorney and even if it is executed it could not be used after his death. Now what we could do legally to nullify the sale executed in the absence of my father and restoring the property to our favour and whats are all the rights of the promotor and the current flats owners? please explain and advise me
Anonymous
15 August 2011 at 13:53
My grandmother had bought a property in 1973 with five other partners. The said property was later managed by a partnership firm having all these as partners. Now one of the partners has sold the said property to his own sons without the consent of my grandmother. In the sale deed they have mentioned that partner X duly authorised to execute this deed vide resolution no. and so on. Can he sell on basis of resolution. Also when we asked them, they are saying that they have a NOTARY POA made in the year 1993. My grandmom does not remember if she gave the POA and moreover it was given only to manage the lands on behalf of the firm. He has also not mentioned the POA in the Sale deed to his sons. Now what will my legal standing be. Please Help !!
Anonymous
15 August 2011 at 11:46
HI AM VIPUL FROM AHMEDABAD STAYING IN MANINAGAR IN SHRIDHAR APPARTMENT ( REDG.UNDER KARSAN ASSOCIATION -NON TRADING CORP.) SINCE APPARTMENT BUILT IN 1994 ,TILL DATE BUILDER NOT HAND OVER ADMINISTRATION TO FLAT OWNERS, AND NOT TRANSFER MAINTENANCE DEPOSIT OR ANY OTHER FUND TO US. (EVEN SHARE TRANSFER FEES) NOW WE NOTICE HIM TO HAND OVER ADMINISTRATION OF KARSAN ASSOCIATION TO FLAT OWNERS WITHIN 15DAYS BUT HE NOT ANSWERED OUR NOTICE . NOW BY MAJORITY OF FLAT OWNERS WE FORM A NEW COMMITTEE ( CHAIRMAN/SECRETARY/PRESIDENT) IS THIS OK BY LAW AND CAN WE RUN ADMINISTRATION ( LIKE SHARE TRANSFER, NO DUE.NO OBJECTION CERTI.ISSUE) BY OUR NEW APPOINTED CHAIRMAN./SECRETARY.) AND WHOM TO BE INFORM.PLEASE ADVICE URGENTLY.OUR NEW COMMITEE WILL WORK IN NAME OR KARSAN ASSOCIATION ?VIPUL
bhavesh tanna
15 August 2011 at 11:30
Res. Sir,
one partner give his plot to build a factory and agree that this is firm property.All this things is mention partnership deed.
in future he will sale its plot to any one
?
other partner get stay for sale or not ?
Anonymous
14 August 2011 at 23:27
Dear Sir, One of our clients has an excellent property in Bangalore in prime locality. This was in dispute earlier and as per the current situation, it may be understood that the dispute is solved. One has to get it processed through the honorable court and based on the decree, can get it registered in their buyer name. Inline with this, I am posting this to take the help to get this Property sold to some one you know. I can provide the gist of the case if you are interested. Thanks.
AJIT KAWATKAR
14 August 2011 at 20:52
i was nominated by my brother in a flat in co-op hsg socty.After his death my name is recorded in share cert. i'm acting as trustee & during search i reached a conclussion that ppty is a JOINT PPTY but in stands in the name of my said brother.
Accordingly i decided to divide % of share-holding in ppty. In fact i tried to offer the individual share amount by selling the ppty.
Since i have gone old & there is no likelyhood of solving the issue is it possible to NOMINATE anybody legally ? if not what is the fate ? [i have spent lot of money on it] maharashtra.
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Accountability on the dissloution of the partnership deed
Between the partners on their landed property there was an partnership agreement been made on 50 : 50 ratio as both the party owed the property to equal extend i.e. 100 cents ( 50 + 50 )
As per the agreement one of the parties was made to be accountability for the construction activity, to maintain all records,
As on books one of the partner( A) paid 50% of the construction cost to another partner (B) before the registration deed could come into existence, thereby the other partner showed only 12% on books and the balance on the other for the construction cost, the same was shown as balance due in the agreement too as due ..
Well at a certain stage the construction was stopped and after a period of 4 years , the latter partner (B) filled a arbitration suit , claiming for accounts and dissolution of the firm
During this course of arbitration he(B) claimed for public auction and won the suit as against meets and bounds under 2:1 judgment , further it was appealed in the lower court , there also the order was passed for public auction ( both parties were private individuals )
Latter when the first party(A) who had paid 50% on account the other party ,appealed to high court , where in the order was passed - As both the parties shall take their own share back as land and building as is where in condition as on date and as per their own sharing ratio back to them
Well the question comes is whether the accountability for the amount invested is refundable or not and if so what rate of interest is claimable on the same .
On the High court the first order was passed , to share the land and building as per their ratio and to retain in whatever fashion required , whereas while claiming for the amount the matter was posted and so far nothing is coming up other than the dates
Pls guide me , we have almost lost most of our self on this ……