ramani
27 February 2010 at 10:34
My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.
This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.
The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.
Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.
Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.
an anyone advice or is there any judgements?
Please advice
AwMeAbN
27 February 2010 at 00:27
I have a partition application pending with the DRO for a common piece of land to be partioned between 3 shareholders.
I had requested for a stay against construction and sale of the land till it is not partitioned as the respondents are not very eager to have the land partitioned but eager to grab it by hook or crook.
As per the revenue officer, he is not empowered to provide the same.
However, i would like to know what is the best possible way to prevent a possible sale of the land or any contruction on it without it being partitioned.
1. I do not want to go to the civil court as that would prevent me from getting any police assistance if the need be.
2. Is there any way i can get a note on the Jamabandi regarding the pending partition proceeding. The Patwari is reluctant to help, so i need to know of a formal procedure that i can initiate.
3. What are the other ways in which the stay on the property can be obtained ?
nishad
26 February 2010 at 20:47
Hi All,
Can a leasehold rights be equitably mortgaged? A leasehold given for a period of 30 yrs to a trust and the trust needs to avail a loan from the bank.
Please advise how has to create EM in favour of the bank?
1.The original owner
2.The leasee since the period of lease os for 30 years
3.The original owner and Leasee jointly since both have interest in the property
Please advise
Anonymous
26 February 2010 at 20:41
One Mr. A wanted to buy land, and has given 1lakh rupees through cheque to the builder B, as advance. After verifying the papers, he has decided not to go ahead.There was no agreement to that effect. The builder is not ready to return the amount now. What are the remedies available to Mr.A? Can he file a consumer case against the builder?
Anonymous
26 February 2010 at 18:36
One Mr. A wanted to buy land, and has given 1 lakh rupees through cheque to the builder B, as advance. After verifying the papers, he has decided not to go ahead. There was no agreement to that effect. The builder is not ready to return the amount now. What are the remedies available to Mr.A? Can he file a consumer case against the builder?
ravindra
26 February 2010 at 18:11
i mr ravindra reddy age 32 purchased land from george in 2006 registered in my name all the documents transfered to my name,that land is ancetral property of shivanna which has been purchesed by george in 2003.now shivanns daughter wnat her shrare of property ,as george not attending court waht shouls i do please reply me
ravindra
26 February 2010 at 18:04
sir,
i purchased land from george thakran in 2006 got registered in my name .mr george thakran purchsed this land from shivanna in 2003.
now shivannas daughter put case on me and george thakran that she want her share in property,as george not attending court not receiving summons what should i do in this matter
Neeraj
26 February 2010 at 15:23
One of my relative bought a flat in ghaziabad on Power of attorney (POA). He and his wife died without registration. Now his Sons who are legal heir wants to register the flat in their names.
Please advice what is the legal option to register this flat. We have tried to contact the person who sold this flat my relative, he is not cooperating in registration of the flat.
If you need any other information, please let me know.
Thanks
Neeraj
hari
26 February 2010 at 09:29
We have a family old property which is legally inherited by 10 members of my family. I'm one among them. We have a tenant in this property (living there for 25 years) who is occupying the premises with three shops and paying meagre rent (far below the market).
We desperately need the premises for demolition and reconstructing for our own use and getting tired waiting the tenant to evict. We discussed with him for some settlement and he keep on dragging the issue and never sits for serious discussion. Please advise how to handle the case. My family members are quiet and waiting for automatic resolution. Is that ok, if myself alone file a legal action against this tenant for eviction and how long the process will take and what advice you can give me.
regards
hari
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Thank u
We stay at thane in a 277 square feet Building (pagody system a two floor appt) which belongs to my grandfather (as per municipality record)
My grand father has three sons
A, B, C
C is my father; we stay there since past thirty years .my other two uncles (A&B) stays separately since last thirty years
We are paying rent (we get receipt on out grand father’s name) since last thirty years,
My grandfather died in 2001 & since we had not changed any record in municipality.
Apparently our family stays there since a very long period & we are the real owner of the property
The said property has been demolished by all tenants because it was declared as dangerous by municipality.
Now we all tenants are trying to develop a new apartment & now my questions is
1)My older uncle is demanding something from the property can he do so ?What we can do to prevent him interfering in our property?
2) can we legally put our( My fathers) name in municipality records as against our grand father considering our very long stay in the Building? It means they had given up their claim by passing of three decades & now how can they demand now?
Please suggest