Rajath Chandran
23 August 2009 at 21:56
Dear Experts,
Thanking you for your clarification on my earlier query on parking area for apartments.
Further to this, I need your advice on the following scenario:
I had purchased the 2nd floor of a two storied residential building in 2007 and had rented it out.
The 1st Floor of the building was bought and occupied by another person in 2008 and the ground floor is occupied by the original builder.
The builder had sold off the 1st and 2nd floors in 1998 and in 2003.
The building is located on 8 cents with ample space for car parking. The 1st and 2nd floors(we) have 1/5th undivided share each of 8 cents.
There is an pre-existing agreement with the builder/ground floor owner that the common expenses including the water bills shall be shared in a ration of 40:30:30 respectively by the ground floor, 1st and 2nd floors.
The ratio is higher for the ground floor since there is an additional space to the ground floor which has been let out.
The builder has in addition made a temporary construction on the roof of the building, which has been rented out. We ignored this because it didn’t seem worth making an issue when things are otherwise alright.
Things went on fine till recently we received a statement with exceedingly high water tariff and infact for the first time the water bill was attached. Till recently we had been paying whatever the amount the builder showed in the statement.
On verification, we found that the water facility in our building was being shared with the new building constructed adjacent to us by the builder without our knowledge.
In total we (2 households) were expected to pay 60% of the total water bill for the water used by 10 odd households occupying both the buildings.
Similarly we found that even the septic tank and the sewage facilities of our building was being shared with the other building.
On our mentioning this to the builder, he remarked that we had no right to question his right to do what he wanted since there was already an agreement with the first buyers which we have to follow strictly that included the water expenses too. Which is no way logical since the agreement pertained only to our building.
Out of spite, the builder has demarcated the car parking area in our building as exclusive to him stating that he has not sold the parking area to us. Which again is not convincing since we already hold 2/5th of the undivided share for the 2 floors. Of course, the builder still has the 3/5th undivided share with him.
Though we are not sure if that legally entitles him to take such unilateral decisions himself. Please clarify.
Again the water connection is in the builder’s name for this building. Does that give him the right to use the same for the new building constructed by him ?.
Please also clarify if we are entitled to compensation for all the water bills paid to him for the period from which the new building was constructed. Of course the he has only given us statements not bills and no receipts for the payments given to him.
Also the tenants of the temporary construction in addition to using the water supply paid by us and also using the passage of our building, which we feel, is a threat to the security of the legal occupiers of the building. Is it legally in our favour if we protest about this.
We do not want to share the water and septic tank/sewage facilities with the other building and would need to have rights to car parking of the 1st and 2nd floors. Please clarify if our requirements carry sufficient merit so as to take it up legally in case the arrogant builder/ground floor owner refuses to change his stance.
Dear experts, please advice.
Thanks is advance,
Rajath Chandran
99464 45067
rajathchandran@gmail.com
PRAKASHCHANDRA MARU
23 August 2009 at 00:43
hello all learned experts
mr x sold the property to the mr y by the way of agreement on the 100 rupees stamp and executed to the purchaserbefore the notory afterwards he sold the said property to the other purchaser that came into knowledge while mr y demanded for the executing the sale deed now i would like to first issue the legal notice so i should join the other person also to whom that mr x sold property in the legal notice and if not oblige afterwards i would like to lodge suit for the specific performance and recovery of money suit but with it i can lodge application for the recovery attatchment before judgemdent pls advice me thanx
Rajath Chandran
22 August 2009 at 12:12
Dear Seniors, I have a querry on sale of Car parking slots by the flat promoters.
When we purchase an undivided share of land in the transaction of purchasing a flat in an apartment, I presume that we are sold an undivided share of land. Like this, all the owners of the flat should be sold some undivided share of the land on which the apartment is being built.
Logically, if we put together all the undivided share of the land sold, it should tally with the whole of extent of land owned by the flat promoter (subject to certain extent of land statutorily left).
At this stage, now let us assume that I need to have a car parking within the premises. Most of the promoters are selling parking slots to the intending owners at some rates fixed by them.
My doubt here is that when the individal owners have purchased the whole of extent of land (of course each one purchasing some undivided share), how come the promoter sell again a place for consideration.
I understand that the calculation of undivided share includes this area where the car parking is alloted.
If my question is correct, would like the seniors to suggest their reply. If my assumption is wrong, then pleae clarify how the undivided share is being calculated in apartments.
Rajath Chandran
99464 45067
Chinnappan
21 August 2009 at 14:18
I have two daughters and a son. I wish to create a will which should be made valid after the demise of myself and my wife. can you suggest a formate which will cover all, investements, cash, property and all other assets. Can I make the will in such a way that my grand children are alone eligible to inherit the property after we.
satish
21 August 2009 at 11:22
Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties
satish
21 August 2009 at 11:21
Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties
ABC.......
21 August 2009 at 01:20
A house property is owned jointly by a father and a son equally. Father holds power of attorney to sale, renovate etc. Can a property be transferred in fathers name just by giving an advertisement in newspaper.
Shahid Naseer
20 August 2009 at 23:16
Sir,
Please inform me that as per Mohemmadan law how an inherited property from our mother is to be divided between three brothers and one sister ( father has already expired) and mother did not leave any written will. Please substantiate your reply with explicit and details of case laws, if possible. Thanks.
Shahid Naseer
Hardeep Singh
20 August 2009 at 17:59
1) Is there any validity of will?
2) If will is made before 1998 in favour of only brother, the person who made the will expired in Dec 2008. Ancestral property transferred to only brother after the death of father (i.e. Dec 2008). Law in favour of daughters is made in 2005. In this case, can married daughters ask for share in ancestral property at this stage.
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required valuable opinion
I have purchased a residential property near about 30 yrs back.We got the sale deed Registered through the power of attorney holder of the seller.
The property is muted by us in Muncipal records from then and we are staying there peacefully till now and paying all dues etc in our name as owner.
Recently the owner,3 years back ,after knowing that we lost the copy of power of attorney of seller,refused the registry and given ground that he left the place at the of Registry,and he never sold the property to us.
The registered deed of sale contains Income Tax permission under Section 230A[1],of I.T .Act 1961,which was signed by the original parties and is attached in the registry.The I.T. permission was from the other State,where the seller was filling Income Tax returns and having their Head Office.
Now,can I call the Income Tax Dept of that State from where the order was issued to seller,for witness in Civil Court,where I filled Title deed suit against the seller.The said Order or Permission Order U/S 230A[1] of I.T Act,1961 ,was taken before 30 yrs by the seller.
-what is the process to call them?
-IS Civil Court of one State is having Rights to Call for witness from some another state of India,Or we have to go there,to that State,with my Lawyer,Oath Commissioner,appointed by Court for taking the statement Income Tax Dept of that State?
-Can I will get reply from that Dept. ,after 30 yrs about its verification of that order?
-Can I take use of Right to Information Act,and get some useful reply from that Dept. and avoid going their,so long and incurring so much expenses?
-If I can take use of Right to Information Act,what I must ask to them and for expenses ,what and in which form I have to send money for getting information from I.T Dept.?
_ I.T Dept may refuse to give reply,as the document and information needed by me is of more than 30 yrs old,so what may be appropriate way to ask them ,so as to get reply required for purpose?
What else help and valuable opinion of yours can be received to me in such a matter?
What was the clauses of Section 230A[1],of I.T .Act 1961 and what was the process in Year 1978 to get the Permission under that section of I.T Act,1961?
Please help me and oblidged.
Thanking You sirs,
Akash Maheshwari