Anonymous
27 April 2011 at 22:50
Dear Sir/Madam,
The supreme court has ruled in September 2010 ""The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage."
I have bought an under-construction flat from a developer/builder in Faridabad, Haryana. The builder has charged me extra for EDC, Preffered Location Charge, Club Membership Charge, Fire Fighting Charge, Electrical Charges, Power Backup Charge, Covered Car Parking. ALL THE ABOVE ARE COMMON AMENITIES/SERVICES OR AREAS. PLEASE ADVICE IF LEGALLY A BUILDER CAN CHARGE ALL THE ABOVE CHARGES? PLEASE ALSO PROVIDE ANY REFERENCE CASE IF ANY.
Anonymous
27 April 2011 at 20:37
Hi Experts,
My friend intends to purchase a property, but has the following query;
Sale consideration is 21 lacs
Lease hold tenants 6 lacs
Bank loan 5 lacs
Hence cash to be paid is only Rs.10 lacs.
The seller, bank & tenants are in pricipal in agreement for my friend to purchase the property, but the dilema is that;
1) Is it advisable to show lease hold(un-registered) tenants in sale deed.
2) can bank loan availed by the sellers be mentioned as part of sale considerations.
will the above affect the legality & marketability of the property.
Anonymous
27 April 2011 at 20:29
Hi Experts,
My friend recently came to know that his deceased father had purchased a site measuring 40*60 in 1998.
That when he visited the place he found out that they were squatters on the site claiming that they were put in possession by adjacent owner & also that my friends site was acquired for road.
Request advice on how to go about in completing the documentation;
1) We have a sale deed.
2) tax paid receipt for local pachyath.
Now the site come under city corporation limits, but we do not have layout plan since it was a revenue site when sold.
queryforme
27 April 2011 at 18:41
Dear sir
I am planning to purchase a land from Company ‘C’. Company ‘C’ has one Managing director ‘A’ and one director ‘B’. Currently the land is registered in name Company ‘C’ and signed and purchased by ‘A’.
Now, Company ‘C’ provided signing authority to ‘X’ by passing board resolution. Here ‘X’ is some third person (not a board member). The board resolution is signed only by managing director ‘A’ for providing signing authority to ‘X’ to execute a sale deed.
Did board resolution signed only by the managing director ‘A’ is sufficient to provide signing authority to third person who is not a member of that company?
They provided only the Xerox copy of the board resolution (not original) in company letter pad with company seal and signed by managing director ‘A’ (not by director ‘B’). Is it valid legal document to accept person ‘X’ as signing authority to execute a sale deed?
Kindly provide your recommendation.
atul mehta
27 April 2011 at 16:39
I had rented a shop at rs. 142/ per month in the year 1978 and in the year 1992 i bought the next shop for rs.1.50 lac from the same owner by paying rs, 45000/ in cheque and balance by cash as the owner and i had good relations we did not enter into any agreement,later when i insisted on agreement on one or the other pretext he kept on postponing the same. Now suddenly he wants to sell the entire shops to somebody and wants me to vacate otherwise he says he will lock my premises as i have no proof of ownership even i do not rent slips i have electricity bils and phone bills.Please advise me what is the best course i should take to safe guard my intersts.
thank you all.
Unknown
27 April 2011 at 14:17
Dear Sir
I want to know what is the Tenancy rights and landlord rights.
Does tenant have right to sell the property.
How much % landlord liable to collect from tenant when he sells to other.
Landlord can remove all tenants any time withoute any reason or o/standing rent not paid.
if rent not paid for several years then landlord can remove the tenant.
awaiting for your reply.
Thanking you.
P.S.KESAVAN
27 April 2011 at 13:23
Father has executed settlement deed for his own self occupied house in the year 2002 , mentioning that the property will be settled to 2 of his sons ( A & B ) equally after his life time .
Till life time the ownership is retained by father ,
Settlement deed is also registered with Sub – Registrar office .
Father being widower and his family comprises of 2 sons and 3 daughters ( all are alive and married with siblings ) .
In the year 2009 , father has cancelled the settlement deed with the same Sub registrar office .
Father has taken a NO Objection certificate from his son B duly signed and notarized for his records
Son A has not turn up and he is not aware of the cancellation of settlement deed .
Further A has not given any NOC letter so far to father in this regard
Query 1
Whether the cancellation of settlement deed is valid under court of law as settlement deed was executed with the knowledge of A & B and cancellation only with the knowledge of B only ??
Query 2
Father decided to sell the house referred above during his life time ?? Whether the prospective purchase can demand No Objection certificate as mandatory ( in legal terms ) while purchasing house similar to B given . If so give reference of quoting relevant law
Query 3
Whether A can file a suit under court of law for treating the cancellation of settlement deed as void as he is not a party for the same ?? if so what is the status of cancellation of settlement deed ?? Is it valid or not ??
Query 4
After father death , whether the property will be shared between A & B (OR) to all his 5 children ( treating as legal heirs ) in case the cancellation of settlement deed is valid
Awaiting yr reply
Regards
Kesavan
Anonymous
27 April 2011 at 13:14
Is it mandatory for a co applicant in a home loan to be a coowner of the property?
Both spouse can get tax benefit of a home loan individually or jointly? how?
Anonymous
27 April 2011 at 12:36
I booked a 16th floor flat in a 17 story building under construction in july 2010, with promised occupation in june 2011. Although the builder then had building plan approval (cc) only up to 10th floor, he completed upto 15th floor with proper cc from BMC. There are 4 flats on the 16th and 17th flrs, Although, cc for two flats on each floor is obtained by him, he is now stuck up with BMC cc for my flat on the 16th floor. Meanwhile, due to some personal reasons I had to register the property agreement in Nov 2010. after obtaining verbal assurance from the builder that he would start the work in a month or so after getting the plan approval, else he would utilize the fsi of the flats already approved for my flat. He is now suggesting alternatives, which are not acceptable to us. What is my legal status on my flat since I have registered the agreement.
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illegal encroachment of a plot
I am the owner of a plot 41x30ft & i have all documents like sale deed etc mentioning the dimensions of it. My neighbour encroached my plot nearly 2feet & built his house & compound his wall. Now my site measures 39x30ft. We came to know recently as we were out of station since some years. I want to construct a house on it now, how do i approach this issue? Will it take long time to battle it? Can i start the construction on 39x30 & battle in court along with construction? please suggest, appreciate your help as this is bit urgent.