Nydv
25 November 2019 at 12:29
Civil Suit suggested for permanent injunction under Sec 38 and Sec 34.
Dispute on usage of common recreation facilities between 2 blocks of SAME registered project( A/B/C versus D1_D2)
A/B/C blocks exists on plotA and D1_D2 on plotB . Both have independent gates. Most facilities on plotA. Few on plotB.
A/B/C in full possession of all common recreation facilities from Day1 as most are on plotA.
D1_D2 used facilities for few years but stopped by A/B/C from last 4-5 years. But D1_D2 uses water tank on A/B/C side from Day1.
Through this planned Civil Suit D1_D2 wanted to use other facilities also like club house, swimming pool.
Query is on Sections suggested for this Suit.
To ask relief under Sec38 : Filing party need possession on the said property.
In this scenario D1_D2 who will file Suit have partial possession only.
Can maintainability of suit is questionable with planned sec 38 and sec 34 ??
Thanks,
Nyadav
Kumar
23 November 2019 at 23:48
Dear Experts,
We lost our father and He had not left any WILL. We are 2 brothers and our mother is alive. Our father had purchased 3 acres of land almost 23 years back. He put that property on our elder brother's name along with our father's name as his guardian. Our father name has mentioned in the sale deed as guardian.
Now we want to distribute that property among ourselves including one share for our mother. That means there will be 3 shares.
But our elder brother is saying that it is self acquired property and he does not want to give us any share. That property was purchased by our father with his hard earned money and put it on our elder brother's name. That time our elder brother age was between 15 - 16 years.now he is saying that he bought that land with his own money and he is not ready to give us any share.
He is saying all these things since property is on his name and he wants to keep it for himself without giving us shares.also we came to know that he is planning to sell it without our consent.
What can we do here ?. Is it not possible for us to get shares of that land ?
Could you please suggest and guide me how to proceed legally to get our shares ??.
Thank you.
Anonymous
22 November 2019 at 18:05
Hi,
My father bought a 250 square yards plot( plot no 6) in a layout and got 125 square yards registered on my father's name and other 125 square yards on my mother name.
Unfortunately my father died 2 years back. He did not leave any will. We are 2 sons. My father had given my brother lot of money for his business.
Now my mother wants to give her share of 125 square yards to me and she wants us to share equally other 125 square yards which was registered on my father name. But my brother is not agreeing to it. He wants a share in my mother's 125 square yards share as well.
My question is :
1) Can my mother gift me her share as a gift deed although my brother does not agree?.
2)Will there be any issues in future in case of my mother gifts me her share ?.
3) Instead of gift deed, can my mother write a will mentioning her 125 square yard share should be given to me ?.
arpita@123
22 November 2019 at 14:19
I am from Mumbai. We are 3 brothers & 2 sisters. We have 2 chawls in Mumbai.... Chawl 1.which is in mother name & chawl 2 is in father name.
Chawl 1 is which is on my mother name has gone in redevelopment scheme under SRA 3 years before.... We will get the
Possession in December 2019.
Now chawl 2 which is on my father name is also going under SRA scheme for redevelopment .
But as per government rule , husband / wife
will be considered as one... Only flat will be available.... even if theyhave more than 1 structure with different name ( one family one tenaments rule)
My mother expired in July 2019.
How can be get our chawl 2 eliglibe for SRA scheme.... since we have big family.
Please guide me.
arpita@123
22 November 2019 at 14:13
I am from Mumbai. We are 3 brothers & 2 sisters. We have 2 chawls in Mumbai.... Chawl 1.which is in mother name & chawl 2 is in father name.
Chawl 1 is which is on my mother name has gone in redevelopment scheme under SRA 3 years before.... We will get the
Possession in December 2019.
Now chawl 2 which is on my father name is also going under SRA scheme for redevelopment .
But as per government rule , husband / wife
will be considered as one... Only flat will be available.... even if theyhave more than 1 structure with different name ( one family one tenaments rule)
My mother expired in July 2019.
How can be get our chawl 2 eliglibe for SRA scheme.... since we have big family.
Please guide me.
Anonymous
20 November 2019 at 22:41
If i apply for NOC from DC for petrol pump then Noc will be the name of land owner or the applicant
Anonymous
20 November 2019 at 09:32
Hi Experts,
I have purchased a land near pune and did the kharedi and paid full amount to the Agent/Developer. Now the are not replying and also not giving the 7/12 utara. Please let me know who to obtain the 7/12 using Kharedi Khat.
Thanks,
Raj
chirag patel
17 November 2019 at 13:50
I am residing in ahmedabad and i want to use my flat for paying guest accomodation to students and bachlors. Our society committee saying that no members can give their flats to bachlors or paying guest purposes. Our society is registered under bombay non trading corporation act 1949...which was abolished by the gujarat govt. in 2005. can society put such conditions on me...
RAJESH SHUKLA
15 November 2019 at 12:27
we are four sisters and one brother & all of married.
The property purchased by my mother and same had been transferred to my brother without NOC of sisters.
Now My brother want to sale this property.
Brother can sale property without NOC of sisters.
Can, we, sisters claim our share of property. with regards . Rekha Shukla
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Parking!
Hello mohit here! I live in vasai! I'm a rental and my bldg has decided such a bad thing! That who are rentals they cannot keep their two wheelers inside the society, they have to keep out side of the society! Is this is a legal thing??? And it its not, then Plz let me know that how can i fight with this stuff!!
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