Anonymous
05 February 2011 at 18:48
Brief- Fraudulent Sale of Plots by Todi’s
We are tenants and residing in the buildings constructed by 1) Todi Industries P. Ltd on Plot No. 69 and Bhagwandas Todi Charitable Trust- A Public Trust registered with Charity Commissioner, on Plot No. 84. Both the plots measuring 800 Sq. Yards are in JB Nagar, Andheri Kurla Road, Andheri-E, Mumbai in Rajasthan Coop. Housing Society and were leased out to above parties in accordance with the bye laws. Both the owners never bothered to look after proper maintenance of the buildings thereby making them dilapidated.
These properties were sold illegally by the owners with out making any reference to tenants who were in negotiations with the owners for converting the tenancies in to ownership since 1998 when they first published the advertisement in the Times of India about their intentions. When they did not get any buyers we approached them but the deal could not be materialized.
We had offered between Rs.275/- to Rs.300/- to the trustees in the year 2000 but they were not agreeing to the proposal.
Thereafter we suddenly got to know in 2007 that the properties are sold.
The two builders a) Aakash Shrishthi Constructions ( Plot No. 69) & AJ Construction (Plot No. 84) to whom these plots were assigned by way of Deed of Assignments (Registered with Sub Registrar’s Office in Bandra in the year 2005 and 2006 respectively) came in to picture in late 2007 and started threatening and pressurizing the tenants to leave the premises as neither they will repair the buildings nor allow the tenants to undertake repairs and then collect the amount as per law from the rents payable.
Due to this tenants formed an Association known as Todi Buildings Welfare Association to defend themselves against the criminal and illegal acts of the builders and registered it with the Charity Commissioner, Mumbai in 2008.
When all efforts of the association failed to get permission from BMC for carrying out structural repairs to the buildings jointly by tenants a Writ Petition No. 2028 of 2008 was filed by Todi Buildings Welfare Association and when BMC still did not act on court order we were compelled to file a Contempt Petition No.113 of 2009 in High Court. But as is usual in this country courts have become just money collection set up without quick justice mechanism thereby leaving exploited high and dry. The contempt petition is pending before HC and may take years to decide and which will not help tenants in any way.
However in early 2011, we have come to know that the original lease holders have assigned the plots measuring 800 sq.yds. at the price of peanuts @ Rs.7.5Lacs and Rs.19.02Lacs respectively way below the price offered by the tenants in the year 2000 and which could have been matched with the offers of the builders in 2005 had the owners given the tenants an opportunity?
We therefore feel cheated and deprived by the illegal and fraudulent sale of the properties by the original lease holders and wish to challenge the deeds of assignments. We sincerely seek help from the proactive advocates genuinely committed to the social cause of justice. Pl. help and guide us with your expert views.
Anonymous
05 February 2011 at 18:02
Dear Sir,
PLEASE LET ME KNOW THE THE DETAILS AMENDMENT MADE IN THE SAID LAWS SO AS TO GET UPDATE ABOUT THE SAME.
iS THERE ANY CHANCES OF GETTING THE LAND WHICH IS NOW UNDER THE KUL KAYADA BACK TO THE ORIGINAL OWNER AS THEY ARE SUFFERING FROM ACCUTE FINANCIAL PROBLEMS?
arvind
05 February 2011 at 17:50
Sec. 3G of The National Highway Act provides for 'Determination of amount payable as compensation' to the persons whose land is acquired. Sub-section 5 provides that if amount determined is not acceptable by any party, then it will be determined (re-determined) by the Arbitrator appt. by CG. Invariably CG appoints DC or ADC of the District where the land is acquired.
Coming to the our case, there were around 20 farmers whose land was acquired, however only 6 farmers of the village made an application and argued that the compensation is not adequate as Market Value of the Land was more than compensation awarded. NHAI contested the case. Finally, DC decided the Applications and enhanced the Compensation by Rs. 5 lac per acre. DC held that considering all arguments and sale deeds presented by Farmers and NHAI, it is decided that Market value of Land of the village was 37 lac and not 32 lac as decided by Land Acquisition Commissioner (LAC). Hence, all 6 farmers w'd be given enhanced compn.
Now, the farmers who didnot file application u/s 3G(5) feel that they missed the opportunity. I read the NH Act and also Order of the DC and found that role of the DC u/s 3G(5) is just to re-determine the Market Value and he did the same thing. Now, when the Market Value is re-determined by DC for WHOLE VILLAGE and not for those 6 farmers, all the farmers whose land has been acquired sh'd be given increased compn. by the NHAI, becos earlier Market Value determined by LAC has been replaced by the Market Value re-determined by DC.
C'd anybody suggest, who handled this type of cases, where to reach for giving the enhanced compn to missed farmers. Even a good Fees can be considered for good solution
Anonymous
05 February 2011 at 17:49
whether landed property purchased in HUF name can be registered without mentioning the name of the individuals copacensor of HUF
Ria
05 February 2011 at 17:09
Respected experts,
What is the time limit within which an administrator appointed for co-operative housing society in Maharashtra, should file the M-20 bond ?
chander mohan
05 February 2011 at 15:43
DEAR EXPERTS,
I AM BUYING A PROPERTY IN NOIDA EXTENSION. FOR THIS I WILL BE GETTING LOAN FROM MY EMPLOYER. THEY ARE ASKING FOR SEARCH REPORT OF MY PROPERTY. IF SEARCH REPORT CAN BE GENERATED FOR THIS AS THIS IS A NEW PROPERTY.
Tipsy
05 February 2011 at 13:27
Our Housing society could not get regd bec builder built 2 additional floor illegally, Now my mother is 85 years, where do we give nomination form, Is there any law to protect flat owner on the above issue?
Anonymous
05 February 2011 at 09:16
Sir,
Kindly clarify the following :
(i) what is the detailed procedure and conditions requisite for probating a WILL in Delhi, made by testator who is deceased and died 20 years back?
(ii) whether there is any time limit for barring the probate of a will and whether there is an existing recent judgement of Supreme Court, High Court in this context barring the limitation alongwith case no. and year?
(iii) Can the other party probate the will dubiously without informing the other claimants / legal share holders of the suit property by even advertising in the local news papers and not letting the court summons reach the other party?
(iv) Shall the Court take cognizance of such a procedure without the presence of the other legal share holders and claimants in the probate procedure?
(v) Can affected party file a caviate in the probate court, before or after filling a probate case by the other party?
(vi) Will it be valid if the a blood related is the witness in the Will?
(vii) what shall be the course of action if one of the witness in the will has already deceased?
Anonymous
05 February 2011 at 05:16
My father expired recently and amongst the various assets, there is a property he owned through an irrevokable GPA.
Now my question to you is that do we as legal heirs aquire that property also or not, whether his GPA is still valid or not?
Can we sell the property on our own, without consent of the Executor,who gave him the GPA.
Thanks.
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agreement for sale:-
can sombody send me standard copy for agreement for sale while purchasing resale flat
j k sinha