Anonymous
17 February 2011 at 13:41
My Father had a property in Mysore n we are 2 bros n 1 sis , My father had made a will stating that her daughters have no rights in this property
Accordingly we have done the transfer in the DC office Mysore n have got Survey no & RTC done in our names.
Now my question is whether my sister can still challenge the property in the court
Pls advice
Thanking you
P V SASEENDRAN
17 February 2011 at 13:37
I am a resident of a Housing complex consisting of 10 blocks of building with 960 residential flats. Builder had been handing over possession of the flat to the respective buyers on completion of each block but strictly after collecting the following payments :
i) Full consideration money, including for garage, if allotted;
ii) Deposit against Generator
iii) Payment towards Fire Fighting system
iv) Payment against Transformer installed by the electricity provider – CESC Ltd.;
v) Club Membership fee
vi) Fee for formation of Company to take care of maintenance
vii) Cost of share of the Company being formed for maintenance.
viii) Legal charges in favour of the advocate appointed by the builder
Builder has just completed the 10th (last) block and handing over of possession is going on. However, other amenities viz., Garden, Swimming pool, Temple, jogging track, etc. are yet to be completed, although the first flat was handed over about 3 years back.
Although the company was formed to take care of the maintenance and they are collecting monthly maintenance charge from each flat owner, it is under the control of the builder only. In spite of the residents’ joint requests, the builder is not willing to even show the accounts of the company. A huge amount, on account of Deposits and monthly maintenance, is collected by the company and, in the records; the owners of the company are the flat owners only.
The service provided by the service provider appointed by the maintenance company is also not satisfactory and they do not generally take suggestions from flat owners as they are paid by the maintenance company which is controlled by the builder.
The service provider also does not allow permission to flat owners’ car to be parked in the premises unless he has not purchased the garage from the builder. In this connection, I would like to know whether it is right on their part in view of the recent Hon’ble SC’s ruling upholding the order of Hon’ble Mumbai HC that builder cannot sell garage/parking space separately and the flat owner is the rightful owner of these common space.
Under these circumstances, kindly advise if the flat owners are at liberty to form a fresh cooperative and register itself under Housing Cooperative Act, and pressurize the builder to give the accounts, as at the moment the residents do not have a common forum to fight for their right.
Thanks and regards,
P V Saseendran
Anonymous
17 February 2011 at 13:23
Pl. advice how I can find Property Card No. of Andheri-E property on the net. I am told that collector's office has provided details on the net. Regards.
GV Shukla
17 February 2011 at 12:48
I want to buy a builder floor in Gurgaon (less than 180 sq. yard) which cannot be registered as per current Haryana govt. laws. The seller is not related to me. The alternate way to purchase is through GPA, however, the sub-registrar of Gurgaon is only registering GPAs between blood relations.
If I get the GPA registered somewhere else in Haryana, will it be valid? Is GPA along with a will signed by the seller a valid legal transfer of property? Please help.
Anonymous
17 February 2011 at 12:32
Dear Sir,
We are seven brothers and sisters (two brothers and five sisters) and are having a property where me and my brother are living along with our familities. My father was missing since two years and a FIR lodged to this effect in the Police Station. This property is freehold but unfortunately nobody is nominee in this case. There are following questions from our part: -
1) Whether both brothers can claim the above property in our name or we have to give each sister their share ?
2) Is our sister's consent is required for giving the property in our names ?
3) Whether we have to wait for another five years to resolve the above isuse ?
4) We are having another flat where the flat is in the name of my father and he made nominee my mother. Can she dispose off the same flat or give this flat to any of her child at her discretion or she has to wait for another five years for disposing off the flat.
Sir, kindly advise at the earliest, please
Shridhar
17 February 2011 at 00:25
Me and my Honourable father hold a property at Kolhapur. We have decided to transfer the same in to my sister's name ( she is married ). Please let us know :
a.What kind of agreement should we be executing to minimise tax and stamp duty payments
b.What is the stamp duty applicable
c.What are the tax implications if she pays a compensation for transfer of property in both the cases - Gift or normal Transfer to all three of us. I am the first joint holder of the property and my dad is the second joint holder of the property.
sunil nautiyal
16 February 2011 at 22:09
The Society CGHS constructed 264 flats for its members along with 118 covered car parking spaces (CCPS) in Stilt Area. The members were allotted CCPS through lucky draw on license basis on 24-02-1991. However, by the lapse of time some of the members sold the flats alongwith garages and some of the members sold the flats and garages separately. Knowing this some members who were kept in waiting list of car garages appealed before the Delhi Cooperative Tribunal. The appeal was allowed by the Delhi Cooperative Tribunal vide order dated 08-06-2007 with the direction to the society to take legal action against the original allottees of the parking space on attorney or sale basis and recover the parking space from them and to allot them to the waiting list members on the First Come First Serve Basis. The Society challenged the order and the High Court of Delhi set aside the order passed by Delhi Cooperative Tribunal making the Rule absolute directing that in case of sale of flats, rights in the car parking can also be transferred but the same cannot be transferred to an outsider who is not an owner of the flat. At para 20 of the judgment learned counsel for the contesting respondents sought to contend that there were some transfers made not to the same person who purchased the flat but to another flat owner in the society. Such a course of action could have been doubtful but in view of the resolution passed on 30-09-07 to treat the CCPS on ownership basis with heritable and transferable rights at par with the flats, no grievance even in that behalf can be made. Thus aggrieved my right since seller of my flat sold CCPS on 2002 and I bought the flat in the year 2005 through agreement to sell. My argument is that CCPS is part of stilt area and part of common area and can not be sold separately as held by Apex Court in civil appeal 2544/2010. Now wait listed members filed a SLP in the Supreme Court of India. I was never a party in lower courts, but can I file an impleadment application with above mentioned SLP though relief sought is different?? If not, then what is the procedure of filing a SLP as I was not a party in any court??
Anonymous
16 February 2011 at 18:20
I'm planning to purchase a shop in the ground floor of a flat being constructed after demolition of a house where I was a tenant for a similar shop room.I want a parking space for my personal four wheeler at least for the time my shop will be open.Promoter is demanding extra money for giving me open parking.My questions are:-
1.As per Supreme Court judgement,do I get automatic parking rights with purchase of shop or flat in same building?
2.Does the promoter have legal rights to sell the garage/open parking separately or as a package alongwith sale of a shop or flat?
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Inherited Property
Dear Sir,
Please refer the attachment.
An earliest response will be sincerely appreciated
Thanks & regards,