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Bipin   14 April 2009 at 17:37

Common Terrace occuipied by member

Our society has ground + 3 floor and 2 wings. each wing has 14 flats. upto 2nd floor each floor has 4 flat and on 3rd floor there is only 2 flat and remaining area as commom terrace. but 2 members from each wing has occuipied (covered) the same common area. another problem is that entrance of the terrace above 3rd floor is also from member's house. So when any other member has to go to terrace then he has to go from member's house (because they occuipied 3rd floor common passage in which staircase for main terrace is located. Recently society has repaired entire terrace and other member want entrance for the main terrace free (ie above 3rd floor). what can we do to resolve this problem.

Uma Shankar   14 April 2009 at 15:55

Irrevocable GPA

Can irrevocable GPA can be withdrawn particularly in cases where the other party has spent a lot of money in that property?

BHANU RASPUTRA   13 April 2009 at 11:19

RENT ACT

WHETHER RENTED PREMISES CAN BE GIVEN BY WILL?
WHETHER WIDOW CAN HAVE RIGHT ON RENTED PROPERTY LEVING MATRIMONIAL HOME AND INTEND TO MARRY??

SREEKUMAR   12 April 2009 at 22:21

SHARING OF MAINTANACE CHARGES

There are differences of opinion on sharing of common maintanace expenses w.r.t.our flat situated at cochin.

1 view:- It should be shared basis the sft.area owned by the flat owners.
2. view:- It should be shared equally by the flat owners irrespective of area owned.

Pls inform which is right? whether salary paid to the security personnel,cleaning workers etc. can be treated as common expenses?

regds
kumar.

SREEKUMAR   12 April 2009 at 22:11

SERVICE TAX & WORKS CONTRACT TAX

I entered into agreement for construction and agreement for sale ( of UDS)with a builder of cochin in 2006. 85% of the flat was completed in 2007 and the builder handed over the possesion to the association at this stage. As some of the repair works to my flat was not completed as agreed by the builder, i have not taken the possesion of the flat.Now the builder has completed the work and demanding following payments for issuing NOdues certificate.
1. service tax of 4%
2. work contract tax of 4%
Pls inform whether i need to pay the same as per law? the UDS is already registered in my name @ 85% stage of construction.

regds,
kumar.

sampat mane   12 April 2009 at 15:28

authority of the Landlord to stop repair/construction work

Dear Experts,
We have small room which was purchased in year 1974 in mumbai suburb bhandup on pagdi type sale. no sale deed was made but the landlord was provideing receipt for the rent for the land. since then till date the house is in bad shape and has not been repaired or allowed to repair by the landlord. the landlord is asking for a plum sum for getting it repiared which is almost the cost of purchasing another room. we asked him to get that repaired for which he is not ready.

what is the right ot the landlord in that property after so many years?

for repair permission bmc is asking for noc from the landlord.
What is the remedy? who can help? BMC MP, MLA, Polic station, Court?

Please advise.
regards
SM

JAGADEESH GOVIND   11 April 2009 at 11:21

SPECIFIC PERFORMANCE

Dear Sir,

I am a real estste agent engaged in sale of plots.On 4/11/1993 I had issued a letter to Mr.A accepting Rs.50,000/- towards advance of a plot and issued receipt for the same.There is no time limit had mentioned for the execution of sale deed.Mr.A omitted to purcahse the land and we sold the land on 2001 to a third party. On 15/09/2008 Mr.A had send a legal notice for specific performance of the contract.

My questions are

1) Whether the claim by Mr.A is hit by limitaton act or not ?

2) Whether Mr.A is eligible for compensation as the agreement become unenforceble as we sold the property to a third party?


Kindly advice.

Thanks and Regards

JAGADEESH


Chhaya Soni   10 April 2009 at 15:10

Brokerage Agreement

Lawyers,

Is anybody having draft of Brokerage Agreement. A Company is desirous to acquire vast landed property from various owners, for that purpose the company wanted to engage the services of Broker who shall assist in acquiring landed property to the Company for brokerage/ commission basis.

Thanks in advance.

Regards

Mehul K Ghedia   10 April 2009 at 14:50

Legal documents, O.C and other ameneties

Dear all,
Please help me.
I want to buy a flat in the Under construction project in the malad (Mumbai) the details of which are as follows.

1)One building already completed 6 months back and builder has given possession to all the owner and people are living there without O.C and BMC water.
2)Second building is under construction (6 floor completed out of 18 floor) in which i want to buy a flat from an investor (Resale flat).
3)Builder is saying that possession in the new building will be given by December'09 and building will receive the O.C and BMC water by march'10.
Now my queries are
1) How to find out that everything is ok/legal (i.e Title, approval from authority etc ) with respect to that project.
2) Is there any way by which we can know in advance with reasonable assurance that there will not be any problem for O.C and BMC water.
3) If suppose after completion of the project, O.C and BMC water are not granted by the Local authority due to some reason then what problem/legal issue/difficulties may arise which people of that project will have to face. is there any alternate solution for that.

Sreenivas   06 April 2009 at 16:00

POWER OF ATTORNEY...

A FLAT WHICH IS FOR SALE IS IN THE NAME OF MOTHER AND HER SON.THE SON HAPPENS TO BE IN UNITED STATES.THE POA WILL BE IN THE NAME OF HIS SISTER. HOW DO I GET POA FROM THE SON AND STEPS AND NORMAL TIME THAT IT WOULD TAKE...