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Ashok   03 September 2019 at 16:57

Last name mismatch in property

Hello,

My late father inlaw Shri Badri L Mistry owns house in SRA(Slum Rehabilitation Authority) building in Jogeshwari with nomination of his wife Smt Leela Badri Rana.
He had changed his name from Mistry to Rana through letter from local corporator, no gazette nor newspaper notification given.

Death Certificate is in new name ie, Badri Rana. Now society is not transferring nor giving NOC stating both names are not matching as per society documents. We submitted affidavit, PAN details with different name but having same number and IT return documents to prove Badri Mistry and Badri Rana are same person.

Society is 13 years old and its CHS now, not accepting any plea.

What should be the solution for this? Kindly help.

Sameer Apte   03 September 2019 at 11:12

Deed of Assignment Registration at Sub Registrar Office

I have purchased flat in Pune in 2012. Agreement to sale was registered in Dec 2012 and possession was accepted in 2014. But since then builder has not provided us completion certificate. I have requested him to register Deed of Assignment just to confirm all transaction completed smoothly. Draft of the same was submitted to builder's lawer for review and now his builder is saying according to MOFA you can not register such document rather form a co.op. Soc..
Does formation of society and deed of assignment are linked?

srinivas   02 September 2019 at 20:31

Made plots in Agricultural land without conversion NALA

Sir,
I am from Telangana, I have made plots and sold some plots in my Agricultural land without conversion of NALA(Non agriculture land assessment).
But, after some days He cancelled his registered sale deed of that plots. Now I have removed all plots and only doing Agriculture in that land at present. Please kindly guide me I have not made any conversion to NALA and not paid any NALA tax and at present I am doing Agriculture in my land , as per LAW now is my land comes Under Agriculture Land or Non- Agriculture Land?

Anonymous   02 September 2019 at 17:07

Maharashtra co-op. soc. ltd.

Respected Sirs, Note : Complainant is a joint purchaser (second name in Agreement) and also holds a Share Certificate as the Second member of the CHS. Entrance fees and Share Application money for both owners/members have been paid long back when the property was purchased in 2008. Due Documentary evidence was also produced both before the MC and during the proceedings. In September,2014 MC wrote to the First Member ( complainant’s wife) that the complainant is not a member. 1. A complaint under section 23 of MCS Act was filed with DY. Registrar of co-op. societies in March, 2015. 2. The Dy. Registrar issued an order rejecting complaint in Oct. 2015. 3. A Revision Application was filed with Honb’le Divisional Joint Registrar in Nov. 2015. 4. After prolonged delay Hon’ble DJR passed an order in July, 2018, setting aside the order of the Dy. Registrar and remanded the matter back to the Dy. Registrar for fresh hearing. 5. Honb’le DJR held that:  Respondent Dy. Registrar had not considered documentary evidence produced by the Applicant.  Respondent Dy. Registrar has not considered facts and has not followed due process of law while deciding the case.  Impugned order suffers from the violation of Principle of Natural Justice.  Therefore, the impugned order is set aside and the matter is remanded back to the Respondent Dy. Reg. for afresh consideration and decision on its own merits. 6. In Aug. 2018, Dy. Reg. was approached for conducting afresh hearings. There were 6 hearings on different dates and the matter was closed for order in Jan. 2019. 7. Despite persistent follow-up, NO Order has been passed so far. 8. Recently, when enquiry was made, it was orally informed that it is decided to conduct re-hearing and a date in Sept. was conveyed. 9. When asked about the reason for the re-hearing no direct or satisfactory reply is forthcoming. But it is understood and it is likely that process under section 91 instead of section 23 will be insisted. MY QUERY : a) Although the initial order passed by DY.Reg. in Oct. 2015, went against the complainant, the matter was obviously heard and disposed off under section 23 as the order itself bears an inscripttion to the effect that it is an Order under section 23 of MCS Act, 1960. b) Hon’ble DJR , while bringing out various infirmities in the order of Oct. 2015, has not questioned the applicability of section 23, but has set aside the said order on account of illegalities mentioned in para no. 5 above. In the aforesaid circumstance, and especially since the matter has been remanded back for the limited purpose of AFRESH HEARING, can the present Dy. Reg. send complainant to co-op. court at this late stage? This will not only force the complainant to start the whole process de-novo but will also be vexatious for him. How can this be avoided? Can estoppel or res-judicata be invoked saying that the earlier decisions of the two authorities to consider and hear the matter under section 23, being a judicial decision, is correct and it should be followed for the AFRESH HEARING as well. I await your guidance.

sachin petkar   01 September 2019 at 18:30

Father died, Mom want to sell flat but no will and hireship

My father died, And We want to sell flat due financial emergency. Client is ready.
But we have No will, No Noc and not having hireship certificate.
Hireship certificate require 5-6 months.

Please guide us how my Mom will proceed for registration and sale of flat.

Any other process which we can sell our flat.

Please guide us.

Mohammad shah alam   01 September 2019 at 17:24

Recent SC orders on property.

Is it true that Supreme Court order that the property of ours will be given to any person who is residing in our land for 12 yrs?

Mayur   31 August 2019 at 08:49

Car parking

Dear Sir
Builder has given Puzzle parking with 1 upper deck & 1 bottom.
The deck width is smaller than Govt.stfw so that car parking is easy & no damage. But now builder refuses to change the wrong size parking tray and not giving reply. Our many members are stuck. Small cars park easily now, but some one want to buy bigger car, how to park in small size tray? Buolilder has given car parking allotment as provisional. 80% members got open stilts parking only 20% is given this puzzle parking.
Can we take any legal action against builder before they hand over to Society. No member will give away open stilts parking when society made.
Kindly guide
Regards
Mayur

Anonymous   29 August 2019 at 08:13

Noc

I am not able to get noc from Co operative society
Will my sale deed be considered void without noc

nit   27 August 2019 at 23:37

Ancestral property but my name ommited

my grandfather had some land which was passed to sons and further to grandsons. grandfather(Late) has 5 sons and 7 grandsons(i am one). ancestral land online record doesnt have my name but of all others even my brother's since i was out for study during name change of land. my queries are-
1. will i get part in land too since it was my grandfathers.
2. what portion will i receive, 1/7th or 1/10th(since my father has two sons). no will was left by grandfather.
3. no mutual division of land has ever been done by father and uncles, now one cousin intends to develop petrol pump on prime part of land, can he do that without consent and how can i stop it.
4 i want that for 10-15 years no development by anyone can be done on that, is there a way for that.
thanks for all replies.

Ajit Kumar   27 August 2019 at 22:12

Purchasing property from husband of a deceased wife

I am planning to purchase a house in bangalore, this property belongs to a women who expired last year, Now husband has changed the Katha (tax document in his name) and had paid tax for one financial year. They have 2 son one is 17 years old and the younger is 13 years old. All the documents seems to be fine, He has all the deeds original and the title looks clear and still in wife's name. Now my question is what is the procedure to purchase the property as minor sons also equally inherit in mothers property along with their father. How to purchase this property and what steps to be followed.