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amit   07 July 2011 at 17:55

regularisation of unauthorised alteration bmc

regularisation of unauthorised alteration bmc

which is the year, unauthorised alterations before which is regularised ?? all the details is psbl along with the judgement or circular's link....
thanks

C.A Alok Mukherjee   07 July 2011 at 17:13

Sanctioned Plan matter



The property is more than 70 years old and presently no sanctioned plan is in possession of the house owner. As a meter of fact no bank is agreeing to provide a loan.

To buy that flat, buyer has to arrange his own fund. But the issue is even the buyer can arrange the fund on his own whether he should go for it? There is no scope the buyer will construct any floor externally.

Please help.

Anonymous   07 July 2011 at 16:18

child right on properity

My age is 59 and my father is 77,when i was child i start work with my father from the age of 6-7 to 28.in this period my father made a house and buy one shop.but he purchased shop in the name of brother which is 8 year small to me and house 125 gaj kabja of untitled vacant land and bought 250 gaj 67 gaj in my name and another 134 gaj in brother name and 67 gaj in his own name, but all this is name of my father in muncipal record.now father is prusuming all properity her own earned properity, when i am asking him divedation.if feel that my right on that proerity is 50%^ and 50 is his properity.which we can say a family propiety.i had no documentry proof dor work,but having peoples of area society who know well that i work so hard for to earn.what is a legal staus for to get my share.

vinod vohra   07 July 2011 at 16:17

child right on properity

My age is 59 and my father is 77,when i was child i start work with my father from the age of 6-7 to 28.in this period my father made a house and buy one shop.but he purchased shop in the name of brother which is 8 year small to me and house 125 gaj kabja of untitled vacant land and bought 250 gaj 67 gaj in my name and another 134 gaj in brother name and 67 gaj in his own name, but all this is name of my father in muncipal record.now father is prusuming all properity her own earned properity, when i am asking him divedation.if feel that my right on that proerity is 50%^ and 50 is his properity.which we can say a family propiety.i had no documentry proof dor work,but having peoples of area society who know well that i work so hard for to earn.what is a legal staus for to get my share.

K.K.Ganguly   07 July 2011 at 14:09

Whom should i file Caveat Petition in Calcutta High Court?

Would Ld.Experts kindly enlighten me on thr following?

I am to file caveat for a property against any attempted injunction by one Mr.X in Barasat Court (both Sr. & Jr. Division), Sealdah Court & also at High Court. I want to know
(1) Whom should I file the Caveat petition at High Court? I.E. whom should I address it to? For Barasat Court I address it to " In The 1st Court of Ld. Civil Judge (Jr. Division) at Barasat". For filing Caveat at Calcutta high Court whom should it be addressed to?
(2) Shall I have to file Caveat at City Civil Court also at Calcutta?

Kindly advise me sirs. it is urgent.

C.A Alok Mukherjee   07 July 2011 at 14:09

Issue - whether buying a property without sanction plan would be risky

I cam up a peculiar situation

The property is more than 70 years old and no sanctioned plan of the house is not available to the seller the seller also bought the property in 1982 from the previous owner. The seller is about the age of 80 years now and for him this copy may be with kolkata corporation.
The copy of mutation and Corporation tax receipt are all in the name of owner.
The bank is not agreeing to provide any loan without a valid sanctioned plan copy.
Now my question is

1. Is the copy of sanctioned plan is a must document for the buyer.
2. Without it whether buying of property would be risky? As a buyer if my share of occupation is drawn by a structural architect and registered by a planner would it encompass the purpose?
3. No banks are agreeing with to pursue for a bank loan without the sanctioned plan copy hence to go for it we have to pursue with own finance which is not feasible also.
4. If the seller own copy of mutation and pays corporation tax is that not serve the purpose?
Please advice as a buyer what should i to do? I am in helpless condition.

jach000019   07 July 2011 at 13:21

power of attorney

as a executor i have to apply for the probate of the will in mumbai and make the release deed but
(1) since my sisters are living out of maharasgtra so after tking the power of attorney from them can i or somebody else since i am also the beneficiary sign on behalf of them in the consents which has to be submitted in the court for applying the probate.

(3) can i or some other person can sign in the release deed on behalf of my sisters.

(2) is it compulsory to issue the public notice in the papaer of their states?

(3) i have their old notarized consents about the will i can use those consents or i have to collect the fresh one ?

(4) if consents are not submitted and than court will send them the notice about their objection if any they have and once the notice period is over court will issue the probate, here i would like to know what is the better to sign on behalf of them by taking their POA or wait for the time of the notice period secondly is somebody can onject about the probate once the notice period is over and if yes than objection can be raised in high court of mumbai or at supreme court.

Mohammed Raza   07 July 2011 at 01:40

Inheritance n Succession in Mohammadan Law

A Muslim lady "X" died in 1988 n left a property (Land)behind her. The property was gifted by her mother n registered in her name. This property was neither purchased by her husband nor inherited from her husband's family. She has left (5) heirs behind her in the above property.
(1)Her Husband "Y"
(2)Her Elder Son "A"
(3)Her Elder Daughter "C"
(4)Her Younger Son "B"
(5)Her Younger Daughter "D"
"A" died in 1987
"D" died in 1990
"Y" died in 2002

"C" and "B" are alive now n claiming their share in this property as per Mohammedan Law in indian jurisdiction.

The questions I have are -

a) "A" the Elder Son dies BEFORE "X" n "Y". Does the A's wife n children are entitle to get their father's share in the above property which has left by "X"?

b) What would be the share of
"A" "B" "C" "D" in the above said property as per MOhammedan Law?

As per my knowledge in Mohammedan Law if a son died before their parents (Father & Mother)his wife N children not entitle to get share in property. Is it correct?

No partitioning has yet been done.

The situation relates to a Muslim family in India.

Anonymous   07 July 2011 at 00:17

Non approved plan of 4 storied building - How to proceed

I am resident of Chennai. I bought an apartment in 2nd floor in an apartment 10 years back. I booked the flat while it was being constructed. The builder showed was approved plan upto 1st floor and told us he has submitted plan for 4 floors ( ground plus 3) and approval is being processed.
In due course the building was completed and we occupied it.The land area is approx 5000 suqare ft and as per FSI rules the building is perfectly in order to 4 floors ( approx 7500 square ft). However we never asked for approved plan for 4 floors nor asked completion certificate. The property tax and water tax etc were assesed and we are paying regularly. However recently when my neighbour in second floor went to authorites to get approved plan ( as he was asked to get the same by bank from which he is requesting a educational loan for his son), he was told that the approved plan is upto 1st floor only and although the builder submitted the plan for all 4 floors and he never paid full amount to Chennai Metropolitan dev auth. Now only we came to know about it. Kindly advise options before us and how to proceed to ensure approval.Request your help.

Anonymous   06 July 2011 at 21:44

encroachment in pvt land

A purchased a duplex from B through Bank loan in 2002. C is the owner of adjoining land who claims( in 2011) that B(now deceased) had encroached his partial land say 500 sq.feet. and claiming from A to vacate his land which is already in built condition.A little bit intends to settle the the recent claim by offering some compensation in form of finance,but he is refusing to accept and C is threatening that he will get his duplex bulldozed if A (having some vacant land of his portion does not transfer to him free of cost and also to return land in liu of land, A intends to offer him(C) some money in form of market value of land (which is in A's possession) . Now kindly advise to protect A's interest. Can he loose case in long run though he is in possession for last 8-9 yrs.