amarsharma
11 May 2010 at 16:03
I am a member of the Oakwood Estate Condominium Association in DLF City-II registered under Haryana Apartment Ownership Act, 1983. The bye-laws of our association clearly state that in case of jointly owned apartments, only the member whose name appears first in the share certificate/deed of apartment is eligible to vote.
Since the bye-law does not specifically define `who can contest' there is a lot of confusion prevailing in the minds of property owners. Need to know if those members who are ineligible to vote (whose names does not appear in the first place in deed of apartment) are eligible to contest.
Do write back at the earliest.
Sincerely
Amar Sharma
Sam D'costa
11 May 2010 at 15:55
We hold open land prior to 1981 as an occupant. Owner is non traceable but alive. We are paying NA tax of the same land since 1981. The receip of the same shows owners name as well as our name. Other than this we don’t have any other proof, that we are occupant of the said land. Now since the said land was the part of the larger plot having CTS no XXX. In 1996 Builder has constructed on that larger portion leaving our smaller plot of land. Now we came to know that Builder already got the FSI of our smaller plot (419.25 SQ.MTRs).
Q.1 What is the way we can add our name as kabjedar in 7/12.
Q.2 If we don’t enter name in 7/12 and continue to hold same way, can any builder eligible to develop on the said land on the basis of available document which is only NA tax receipt, inspite of FSI available with neighbour building?
Q.3 We want to pay assessment tax and municipal tax of the same plot, but since it is under name of Owner, department not accepting from us. Any solution?
Anonymous
11 May 2010 at 15:20
Pls note self is in the process of selling my flat at kandivli.Now 2 days back,my buyer whoc also stays in the same complex,has goofed up by telling the secretary& the society office that he wants to extend the window portion once he becomes the owner.(actually its not authorised to extend the window portiion & include in the inseide flat)
After hearing this,the secretary is now acting stupid that unless the buyer gives in writing that he shall not do extend the window,the secretary shall not issue an NOC to me for the same of flat.
i spoke to the secretary that he can give my buyer a notice for illegal amendments in the flat& can take action after he becomes the real owner or stop him from doing so,once he becomes the owner.Now since the registration is not yet done,the society has nothing to do with the buyer & the noc issued is for the bank that my flat is without any encumbrances.But he is adamaned & refused to issue NOC.My all the dues are clear till date.
My query is
1)how can he refuse to issue NOC & what action can i take against him or society for this.
2)Can i proceed with the registration of the sale deed or wait for the NOC.
3)Is NOC required/compulsory from the society.
Thnx+Rgds
Anonymous
11 May 2010 at 15:02
Hi,
I had earlier posted a query which can be found under :
http://www.lawyersclubindia.com/experts/Refund-of-token-amount/84611/
In a gist, we were in conversation with a buyer who lied to us stating he had an approved bank loan and wanted to purchase our property.When we realised his loan was not approved, we informed him that we do not wish to pursue sale with him.He had issued a cheque of Rs 1 lak as token money to us which we offered to return back however he did not give us any contact details and instead said he wants 4 lakhs as compensation.We had not signed any MOU or agreement, no written agreement at all between buyer and us for sale of our flat.
Now he has sent us legal notice with some lies stating that we agreed to sell our flat, we were aware he was applying for loan, we drafted an MOU and sent it to him which he signed but we did not and we sent him a copy of our property papers such as Sale Deed, Leave and Licence with our tenant etc when in fact the sale deed and Leave and license was given to him by the Broker involved.We have never even seen the copy of the MOU mentioned by him in the notice sent to us.
He is stating in the notice that unless we enter into a contract with him and sign an MOU for sale of our flat , he will file a suit against us.
1.What is the validity of this legal notice?
2.Is it mandatory to respond to this notice via a lawyer?
3.Can we claim compensation for these legal proceedings from this person as he has no agreement with us whatsoever and despite our repeated requests to take back his cheque of 1 lakh, he refused to do so?If yes, what amount should be claimed by us and how should we charge him for the same?
4.In case we argue the validity of the notice sent by him, what could be his further course of action?
5.We earlier did not have any contact info for the buyer.The legal notice has this information.Should we send a cheque of Rs 1 lakh to him along with a reply to the notice.
Please advise on what would be the best course of action for us.
All previous replies sent to us were highly valued and your opinion was extremely important to us.
Anonymous
11 May 2010 at 14:31
Hi,
i am staying at shastri nagar,goregoan west.my society commitee members are not ready to disclose above mentioned tax to members of said soc.
can u provide me the same please
regards
Nilesh
pratik
11 May 2010 at 13:21
1) What is ostensible partner ? It advantages and dis - advantages ? Right & Laibilities of ostensible partner.
Case laws on ostensible partner.
2) what do u mean by property card it uses with the advantages and dis - advantages ? Under which section property card is define.
3)Difference between apparent authority and implied authority.
4)Counterfeit claim & damages means what?
5) Exemplary dmages & vindictive damages explain in detail withthe examples as per indian contract act, 1872.
Thanking u all experts in advance.
Bhavin
11 May 2010 at 10:52
I have registered my house before 1st April 2010. My builder has charged me 5% VAT on the flat value. According to what I have read and found out from friends, there is a bombay high court stay on 5% VAT charged before april 2010. Is there any notification that we have to pay this VAT ? Is there any law protecting the consumers in such a case ? I need help urgently. Thanks.
Seshagiri Viswanatha Rao
11 May 2010 at 06:07
It has been replied by the Sub Registrar concerned that landed property of late father has been registered as Gift Ancestral as per the declarations made by the claimant It has also been registered as BETWEEN HUSBAND AND WIFE IS SUCH REGISTRATIONS ARE PERMISSBLE Actually the claimant is not at all an absolute legal heir of late father
kindly tender considered advise
Yhanks
SV Rao
Hyderabad
Anonymous
11 May 2010 at 00:07
1. I am 70 and living in my own flat in Mumbai, since year 2000.
2. I was living with my elder brother (elder to me by 15 years) in his rented house in a chawl since 1945.
3. In 1956 my elder brother moved to a different city due to his job and later in 1978 he died. His wife died soon after that. He has got 1 daughter, who is 50 today.
4. In 1956, because I did not have a home in Mumbai, instead of surrendering the rented house, my brother kept the rented room for me and since then this room is in my possession, even today. I have been paying the rent and the electricity bill, though both these documents are on my elder brother’s name.
5. Now my elder brother’s daughter is asking me to vacate the rented room. I told her to pay me something and I will vacate the room, but, she says,” My father did a favour to you by NOT surrendering the room when you were in trouble. Therefore, I will not pay you anything, because, you stayed in my father’s house for so many years, and therefore you paid the rent and electricity. Moreover, nothing comes free in this world. Uncle, in fact, when you got your own flat in 2000, you should have given my father’s flat back to me without asking”.
6. Today, I received a letter from my brother’s daughter. In letter, she said,” Uncle, I have surrendered the room to the owner of the Chawl and told him that he will get his room vacated after 30 days. Therefore, uncle, you must vacate the room in next 30 days.”
7. What should I do today? What will happen if I do not vacate the room in next 30 days?
Thanks EXPERTS for your help
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Urgent response required PLEASE
Hello to all,
I respect this forum and the people dedicated in it a lot.
I am stuck with a litigation on me.
We are 3 brothers and 1 sister of our father. After the death of my father we built a commercial complex on the the HUF property. While the property was still in construction I sold a shop of my elder brother's to his childhood friend by taking his verbal acceptance. I signed the sale deed. Whole of the money from the sale was transferred to my account and then to my elder brother's son account. We have got proof of the same.
This particular formality was done as it was not possible for us to handle my elder brother's account as he lived alone in a separate house and he most of the time refused to sign as he was least interested in any part of the property.
This full sum of money was used up by my elder brother's son for treatment of his mother who had kidney problem and had dialysis on regular basis and ultimately went for a kidney transplant.
Now the son of my elder has registered a case against me in the police under 420.
What can be done in this situation? As no forgery has been done by me and no financial gain has been made by me.
I would also like to mention over here that there is another litigation put by him against all of us(3 brothers and 1 sister) which is going on under civil court, and that pressurizing us might also be his motive.
Kindly guide through urgently in the matter