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Baskaran Kanakasabai   30 May 2010 at 22:09

Transfer of Property

Since transfer of property involves two aspects viz., the extinguishment of title of the seller or transferor and the creation of title in favour of the buyer or acquirer, in the case of government acquiring land from registered title holders, the same two aspects of extinguishment and creation should be present in the transfer.
In which case, during such acquisition when does the acquiring government extinguish the title of the person from whom it acquires such land, at what stage of the acquisition and through which instrument?

Sandeep Jani   30 May 2010 at 17:31

Addition of Joint holder name in tanented property

Hello,
My friend's sister is having a flat as Tanent in her name in mumbai. My friend is looking after all matters relate to the property.
Now the total premises is going for redevelopment.
But my friend's sister is staying abroad and she wants to include name of my friend as joint owner of her flat.
What docuemnts she is required to submit to the Land Lord and what expenses are to be incurred for the procedure.
Can anybody suggest the format of affidavit and indemnity bond for the procedure if required ??
Thanks in advance.

Anonymous   30 May 2010 at 16:58

legal status of Society Flats in Delhi

One Mr Raj was allottled a flat at Sarvapriya Appartments , Sarvapriya Vihar New Delhi in 1985 .Land belongs to DDA and is on lease to Society .While the building was still in construction , He took some money from my wife , on loan , to pay the instalments of the builder. He took possession of the Flat and stayed in the same for more than three years approx. Being unable to pay the loan he entered into an agreement for sale to sell the Flat to my wife. No formal sales agreement has been executed.A notorised power of attorney was given by him to the husband i.e.me.Based on this MCD is issuing the bills in the name of my wife which is paid regularly. Electrical connection and phone connection is in name of my wife.

The Society has been billing the maintenance charges to my wife which are paid , although they have kept my membership of the Society in abeyance.

I had a parking place , which was forefully taken over by Capt.Mohendra , claiming to be a member of the Managing Committe.His plea was , since you are not staying in the flat permanently , we have allotted it to residents who have more than one car.On my visits to Delhi , I am greately inconvinced .

Recenty , I wanted to install split airconditioners on my balcony sub-roof , to which he objected and did not allow .

My wife died leaving a will and giving the flat to my daugher.I have sent the death certificate including will and no objection from other heirs for transfter of flat to my daughter.

With detoriating relations , he is now challenging my ownership .

Please clarify

a) can a managing committee of the Society take away the rights of car parking , indicating , only permanent residents can park car , and that too more than one ??

b) Can the Managing Committee make rules to stop me from installing the split airconditioners on my sub-roof of the balcony ?

c) Since the flat is on leased DDA land , is registration of sale compulsory ?? Is the title to Flat in question ? If NO , what are the remedies ?? What are legal means to get the sale deed perfect , if the seller who has given power of attorney , and who is alive , dies in due course??

d) Based on agreement to sell and possession certificate , is it obligatory for the Society to make me a member ??

Any other suggestions ?

Best regards

D Chaudhry


Anonymous   30 May 2010 at 13:00

How to fix maintenace cost for the apartment?

Hi
I'm living in a mid-size apartment whose maintenance cost is going up consistantly upwards..The common amenities are:
1)Power back up-Generator
2)Lift
3)A small Gymn-which is rarely used.
4)Security serices


The top-5 Contributors to the total maintenace cost are as follows:
1)Security service : 58%
2)Diesel for generator: 14.12%
3)common area electicity: 8.5%
4)common area house-keeping: 7%
5)Water charges & sewerage charges: 5.7%
(Includes supply to all individual flats)
6)Lift Maintenance & electrical inspection/maintenance:4.4%

My question is :How can we 'structure the maintenace cost' and apportion to individual 'flat owners'My fundamnetal question is:Fixing maintenance on the basis of 'Square feet' owned by 'individual owners' is incorrect way,as > 91% of the cost is incurred on common services? So,in my opinion:only the 'Water cahrges,directly used by individual flat owners should be based on 'Sqaure foot' basis?Can the experst share there opinion on this?

Thanks and Regards
SURESH

G P SINGH   30 May 2010 at 11:07

EVICTION OF TENANT

I have rented my property situated in delhi on a monthly rent exceeding rs. 3500.The lease deed is not registered and has expired. How do I evict the tenant who has not paid rent for over three months. Thanks

Baskaran Kanakasabai   30 May 2010 at 11:03

Transfer of Property

The process of Transfer of property or alienation of title of land between a buyer and a seller consists of two distinct aspects. One aspect is the extinguishment of the title of the seller and the other is the creation of the title of the buyer or acquirer. Is this explanation right?

Anonymous   30 May 2010 at 10:49

quash of G.O.s

Dear Experts ,Here my friend ,& along with his brothers & mother was executed individual notarised plots agreements on 5/- rupees five rupees stamp papers in 1984-1986 in favour of co-oprative society the society has been terminated in 1979.Due to missappropriation illegal things stood by society and the same was counducted an enquary byDeputy co-op registrar and terminated the society in 1979, the secretary fruadly missguided the land owners keeping in dark & fruaduantly done the notary of said plots acoording to 1974 society agreement .in 1984 to 1986 .
Here my friend along with his family members executed An Conditional G.P.A. in favour of society in 1984 in favour of said self styled secretary. and it was Revocked in 1988 .& same was given in paper publication .in these mean time the said terminated society secretary was fruadly entered into registrations on conditional G.P.A .To the individual members beyond the scope of conditional G.P.A. of fake society terminated society , WITH OUT OBTANING MCH.TOWN PLANNING ETCS PERMISSIONS , & the government was regularised the plots on fake house tax receipts, & on un-valid notarised plots & un-valid section 5/A REGISTRATIONS ,the house tax receipts all are fruadly obtained from mch .CAN My friend have any chance in courts to QUASH The G.O.s which was given by fruadly by authority from 2002 to still date by taking Huze bribes from un-valid notaries members & un-valid registrations members. as above mentioned plots matter kindly give such suzesstion on said my friends problem were to approach ,hence request thanking you sirs.

Anonymous   29 May 2010 at 20:47

Grandfather's property

My grandfather got a agricultural land in Haryana through gift from Britisher's in between 1940-1950, I don't know exactly.After my grandfather's death it was divided among his three son's.My father was one of them, he passed away last year leaving a registered will in my favour.On the basis of that will I transfored that property in my name.We belong to Hindu family.

1. Is my father's will valid.
2. Can my sister's demand their share in that property.

Anonymous   29 May 2010 at 20:28

PERMINENT DECREE

Respected sir, thanqs for reply .

Baskaran Kanakasabai   29 May 2010 at 20:27

registrable instruments

According to all relevant Acts in force in India at present, which of the non-testamentary instruments that are involved in any land acquisition proceedings under LA Act,1894 are compulsorily registrable?