M S Prabhakar
18 April 2010 at 01:12
Our buider had registered our CHS on 30-Apr-2004 but had concealed the fact till 11-Oct-2009 when he was forced to call the FGM and constitute a managing committee to run the Society.
For over 5½ years since 30-Apr-2004, the builder was charging a flat maintenance rate from members and operating out of a bank account very similar to the registered society's name, but with a "Proposed" annexed to it [XYZ CHS Limited (Proposed)].
Recently it came to our notice that the "Proposed" a/c is still active and the builder is debiting expenses unrelated to the real Society's.
My questions are:
(a) Is it legal on the part of builder to operate a "Proposed" bank a/c after the registration of the real Society on 30-Apr-2004?
(b) Is it legal for the builder to debit unrelated expenses out of a "Proposed" account after constitution of a managing committee on 11-Oct-2009 (and without the managing committee's approval)?
(c) Does the managing committee have the rights to instruct the bank to freeze the "Proposed" bank a/c?
(d) What is the legal remedy available to recover amount lost from the account after 11-Oct-2009 (date of constitution of managing committee)?
(e) Can the managing committee instruct the bank to transfer the balance to the Society's a/c and what is the correct procedure?
Please advise.
Anonymous
18 April 2010 at 00:07
Dear Sir/Madam
My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attach he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?
Please clarify my doubts.
Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.
Very Truely yours
Dr Suresh
Anonymous
17 April 2010 at 23:53
I am in a company who had closed on a premises for lease. However, the premises is in litigation for the last 15 years. During these period the premises was leased out to Banks and other corporates, but on what documents to save the interest of the Lessee, we are not aware of and neither would the Lessor say. The premises is at dirt cheap lease fee at Mumbai. However, we want to ensure that our rights as a Lessee is protected. Can we ask the incumbent Lessor to seek an order that the Lessor can lease the premises to us for 3-5 years and we will not be affected from the order of the High Court and in case the Lessor losses the matter, then we as Lessee are provided atleast six months time for alternate arrangements. Can the Lessor seek such kind of an order from the High Court Mumbai through an MA. I request any expert to kindly reply urgently please
M S Prabhakar
17 April 2010 at 23:38
What should be the basis for maintenance charges to Row Houses (RHs) in a CHS which has a mix of both flats and RHs? Should it be based on:
(1) BMC Approved Plan?
(2) Sale Agreement executed between the builder and buyer?
(3) BMC municipal tax assessment, or
(4) any other?
Each row house has been sold under two separate agreements (identified as 101 and 201 respectively) between the builder and the buyer(s). In some cases, owners of 101 and 201 are the same individual(s); in some cases, they are different.
The builder has not yet submitted the BMC approved plan of the RHs to the CHS management. Under these circumstances, how should the maintenance be charged?
In one of the cases of dispute, both units (101 and 201) are held by the same individual(s). The individual(s) claim that although the sale agreements are two, both units are interconnected inside the RH (ground and 1st floor plans of the same RH) and that it's occupied by the same family. Hence it's claimed that the RH be treated as one unit for CHS maintenance cost calculations and accordingly the billing has to be one, not two.
Please advise.
Anonymous
17 April 2010 at 23:26
How can Paper possession about 13 years before execution of lease deed in 2006, be equated to physical possession by state development agancy only to justify demand penalty for delay / default in timely construction of industrial building within 2-3 years of lease execution, whereas the actual handing over of possession at-site has all along been demanded / ordered for the individual allottee / lessee ?
What is the justification of MCD requiring NOC from Allotment Agency even after execution of Lease Deed after paper possession ?
What could be the suggested quicker mode for forcing the State agencies to allow construction over the allotted plot ?
Anonymous
17 April 2010 at 23:10
July, 2008 saw the death of owner's father who accompanied by owner's brother / family had been residing in independant house in NCTD with written understanding that any body living with the father, during his lifetime, would not have any right to stay in the premises after July, 2008;
But, the brother / family, has been continuing to possess / enjoy the residence without any permission / express consent of the owner, so far, simply because the owner does not want to disrespect his elder greedy brother, who has manipulated Father's property, leaving nothing to be bequeathed by father, during their living together, thereby depriving all other legal heirs of their legitimate rightful share in the assets / property of the deceased father, who did fear such manipulations, as recorded in his registered deed of cancellation of all such documents / attorneys, that might have been got signed by the greedy brother;
How can justice prevail in trhe absaence of better sences with such greedy brother ?
Samson
17 April 2010 at 22:48
Hi,
i have a land of 300 sqyds(60 feet X 45 feet) and the owners of the plot behind our plot have occupied part of our land to the extent of 4 feet X 45 feet.
We stay far away from the land and never bothered to actually check the boundaires before, now we decided to built the house and asked a private surveyor to survey our land and he said that our plot ahs been occupied to the above said extent.
Please advise what should be our course of action as the other plot owners are reluctant to release the land to us.
Thanks you so much in advance for your advise and help.
Thanks,
Samson
Govind
17 April 2010 at 21:23
My query relates to a piece of farm land that belongs to my late father. All revenue records (patta etc) are still held jointly under my father's name and his two brothers. Both my uncles are fine with passing title to me. What is the easiest and cost effective way to do this? Please note that one of my uncles is terminally ill but his cognitive abilities are very good. So, obtaining a power of attorney is not a long term solution.
Please advice,
yashi
17 April 2010 at 11:50
I had a deal of a property to buy. but i want to crossverify it.pls tele me how to varify the properti that it is genuine or not. I have Khatoni of that land and it also shows in "Bhulekh" website of UP govn.
The dealer who offer the land says it is a residential land...but i had doubt... pls advice how do i find genuinity of that land.
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how to regularise Adversrse Possession
the case pertains to Aurangabad in Maharashtra.my elder brother negotiated &purchased a small plot after paying xx amount to the Land lady in yr 1990.no agrmnt etc.treassable[since the Land lady & my bros. both have died in 1991 &2002 resply] with great efforts Approved Maps & some correspondance are obtained. it is now almost 18 yrs.all the flats are occupied.paying Ppty tax'to corporation since 1994.the heir has neigther approched us nor lodged any complaint.in the given situation whether we can put/file petition whereby we can get legal status. Pl. guide!