Anonymous
10 January 2011 at 14:20
hi
i purchased a dda residential land in rohini
sector-23 ,i completed construction on dec2009 and also taking permanent electricity meter in dec2009 and then take sewer connection permission on feb2010 subject to condition my water bill will be charged three times of normal charges till i will take d form.
i visit my house in dec 2010 and received a bill of rupees 9000 appx for the duration feb to aug 2010.but my meter reading is not done because my house is vacant ,since construction complete.currently my water meter show nil appx consumption of water.
when i talk to neighbours they said dda charge 200 p.m without meter.and this amount bill is serve to all of them who have taken sewer connection from dda.but from july dda made mandatory water meter
for all.they all have submit the bill and now their bill come on meter reading base.
now my promblem is zero consumption of water then why should i pay.
if dda want to charge three times of normal charge then what is normal charges 200 p.m or per unit shown on back of bill.
200 p.m is not shown on any paper.
one thing i also want to share is that when i visit dda then one official is said your bill should be 350 by 50 rs rent appx
but you have to pay rs 5000 as some other mode( i know you can understand)
please give me your valuable advice.
arorapuneet
10 January 2011 at 14:01
Hi,
My father and my sister are joint owners of a flat in a co op housing society.Now if my father wants to be the sole owner of this house how should we proceed with this ???
1)Also the shares certificates issued by the society bear the joint names with the first name of my sister.
2)Also is there any other alternative apart from executing a gift deed and if so what are the tax implications, and registration procedures??
sampat mane
10 January 2011 at 13:14
Dear Experts
We are the residents of B & C Wings of the Building known as “Kailash Park” Bhandup W Mumbai 400078. of which M/s Umiya Associates is a Builder/Developer of the Plot.
Most of the Flat owners had purchased in the range period between 2007-2009 vide sale agreement which was supported by initial layout plan shown in Brochure. In this the open area was in front of the C wing was shown as common area for shops & flat owners of B & C wings.
Even after complete occupation of the flats the builder did not form a co-operative housing society or co-operate with the residents to form so. Also the maintenance & property tax from the date of occupation was regularly paid to him. This was not reciprocated in the account books of MCGM. The property tax was not paid in full. Also the flats were not properly maintained despite charging huge rate.
Hence the flat owners decided to stop paying the maintenance & property tax and further to go ahead to form a co-operative housing society despite the objection from the Builder. On 12th Oct’ 2010 the co-operative society was registered accordingly.
After the initiation of the formation of society, the builder got this layout amended to suit his requirement. His intention was to exploit the potential of plot in question for his profit at the cost of the flat owners.
Now since the co-operative society has finally registered and a subsequent notice / letter was duly served to the builder for executing conveyance for the layout as mentioned in the plan shown during the sale-agreement. The builder did not heed to the request and started his construction at the open space which was common area for shop owners & the Flat owners.
I would like to ask the honorary experts the following:
Can the builder change the layout plan once the occupation is done in the building.
The plan of constructing shop was beneath the c wing earlier but after getting sanction from the Municipality upto plinth level, now he has left some 6 feet space between the building & new construction of shop. Is it valid? What if any fire incident occurs?
The proposal is constructing shop on grd floor & terrace on top which can be varied at his whims.
What the registered society can do take action against this unscruplous builder for stopping the said construction?
How do we proceed to recover our old outstanding paid to the builder?
How to we go for conveyance deed?
Can we file court case in civil court & consumer court and on what grounds?
Please advise.
Sampat MAne
sampatmane@yahoo.com
Anonymous
10 January 2011 at 12:39
my father has taken a agricultural loan which could not be paid in time the bank will auction my land in 3 months the loan amount is 6 lakh n the value of the land is 12 so what happens tp the(12-6=6 lakh) wheather the bank will keep it or it will be returned to my dad
Janhavi Mantri
10 January 2011 at 12:30
I live in a society where the property belongs to the Trust. At the time of redevelopment Trust has offered the flats on ownership basis. Most of the tenants have accepted this and became the flat owners. There are about 15 our of 72 who did not accept this and remained tenants. Till date they are tenants of the Trust.
My question is in their case who is suppose to pay the property tax? These tenants are payting nomial rent every month to the Trust.
Regards,
Janhavi
Balamurugan
10 January 2011 at 12:22
i Wish u happy new year 2011...
Hint 1: Son had filed a suit for partition against his father.
Hint 2: Properties are ancestral and self acquired by father via Aid of Indian Government in the year 1958 (Son was born in 1959).
Hint 3: Father is alive.
Hint 4: Since his father is alive, he could not seek suit for partition in self acquired property.
Hint 5: Injunction has been in force for both ancestral property and self acquired property.
Hint 6: Trial not commenced.
Q: Any citations available, to dilute the part of the injunction as self acquired property could not claim for partition in self acquired?
Anonymous
10 January 2011 at 09:48
Dear Sir,
My mother wants her property from her father and her age around 59 years old.my question was
1. Is she elgilabe get the property from her father or can she take divident.
2.The history of the property was Mother Father's Father had been gifited by his sisiter around 20 arces later the property given to mother father .in these cases wheather she can claim her property or not .
3.Can she make petition to claim her property ,within how many day or month will it take to settle or to claim the property .pl tell me what to next
Regards,
P.Mahesh
anand
10 January 2011 at 09:43
Dear Sir,
My query relates to taxation rules on amount of money to be received by a petitioner in land acquisition case filed against state/central government. I would like to describe the case as below:
Original Case:
Government acquired our land in 1984 under mandatory law acquisition law and paid Rs X to the landlord ( to-be-petitioner)
Since the amount received was lower than the current market rate at that time, petitioner filed a case.
Around year 2008 Court gave the decision in a favor of petitioner.
over the period of 28 years the interest was calculated at Rs.Y per year at Simple Interest basis
Thus total amount (Z) can be calculated as Rs. X + (28 multiplied by Rs.Y)
The issue:
Petitioner was informed that the total amount (z)would attract 30% interest.
My Queries:
Since the interest is accrued over the 25 years period, one-time tax should not be applied to it, rather tax should be applied on the per year basis, is there any law regarding this? i.e year 1985 should attract 5%, 1986 should attract 6% and so on according to amount of money in that year..
I would like to know similar cases where Supreme court has passed such laws, can you help us find such reference judgement which can be used to support our case?
Please let me know if you or any of law expert can help us in this case? Can you please forward the following question to appropriate offcer/lawyer/expert,
thanks,
Anand
k.bala
10 January 2011 at 08:59
Dear Sir,
I have dout in the Partition Deed with two brother . In the village there is two brother one of the elder brother came to chennai after is finished is graduation and he settled in chennail after some time there father also died after few years the younger brother ask the elder brother to come to the village, he went and they both went to the sub-registered office and get the partitioner deed for the property and registerd and the younger brother told that this partition is all equal only and the elder brother belive the brother and came back to chennai after few month in the elder brother property was plot and they are selling and the elder brother went to village and asked his brother about the matter, he told every thing is finished and partition deed and registered you can't do anything with this matter you go out . In that partitioner deed the share for the elder brother is 25% and for the younger brother is 75%. This property is belong to there father name whether the grand son and grand daughter can file the case against the for unequal shares whether they will suceed or not and how to handle the matter and how can i file the case against the them
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Partition of Ancestral & father/ grand fathers Property
Our grand father passed away in 1976 and he had 4 sons and 1 daughter. Our grand mother has also passed away 10 years ago. Immediately after my grand father's demise - 4 sons and 1 daughter had done a partition themselves just to avoid the land ceiling law came into effect during Indra Gandhi's regime.
All 5 are married and the eldest son has also died about 4 years back. Subsequently the wife of eldest son has also passed away.
Elder son had only 1 son
2nd son has 2 sons and 2 daughters
3rd son has 2 sons and 1 daughter
4th son (my father) has 1 son and 1 daughter
5th was daughter (married & has 1 son and 1 daughter.
Everyone agrees that the partition done in 1976 is not the right one and hence, they are now wanting to partition their ancestral & father acquired property. They have agreed to partition it equally.
Few queries I have;
1) Is is necessary to add our name (grand sons/ daughters) as heirs in the deed & sign? There are 5 schedules (for 4 sons and 1 daughter of our grand father) in the deed. In each deed they mention the son's name & their subsequent major son's/ daughters as heirs of that property.
i) Is this correct?
ii) What are the complications if they don't add us (major grand children in the partition) or we don't sign the partition deed?
2) Does daughter (5th)'s son & daughter have any legal rights on this ancestral or grand father's property?
3) My father (4th Son) would like to do his family partition as well in this deed itself by sharing his share equally to myself & my sister. Is this again correct & doable?
4) Are there any other things which we should be aware of at this juncture.
Looking forward for expert opinion on this matter.
Thanks and Regards
Mahesh