Sanjay
04 February 2019 at 15:20
Dear Experts,
In Mumbai based coop society G+3,50+ yrs old society, one ground floor room arrogant member illegally extended/constructed unauthorized construction or encroachment his flat 6 feet ahead of his balcony & beyond structure of building more than 25 years back & common space premises in front of his flat is also captured by installing fencing & not allowing members to use/enter common building premise. Even small childrens not allowed to play in captured common premises, they fight with parents
for this unauthorized construction or encroachment
what action society or other members can take against this member ?
how much fine/charges can be levied on extended structure ? rs.5000 or maintenance * 5 times per month
can additional charges/fine on fencing also be charged other than encroachment ?
if society want to demolish that 6 feet additional construction, what is remedy ?
where can members make complaint other than society ? like BMC/police/registrar ?
please guide,
Thanks in advance
anshu
04 February 2019 at 00:43
We are four siblings, two brothers and two sisters. Mother died more than 20 years ago(when we were kids), and father passed away last year. He didn't make a Will. And now we want to transfer the property in our names. Also one of my brothers wants to leave his share. So how all this can be done? what is the procedure? and how much time and money will it take?
Anonymous
03 February 2019 at 16:14
My mother purchased a flat in pune in 1992 of which stamp duty & registration was not done at the time of purchase. In 1996, stamp duty was paid under amnesty scheme, however registration was not done. Now she wants to execute a gift deed in favour of me. Can she execute the gift deed as the registration of the said flat is not done? If yes, what will be the stamp duty & registration charges of executing the gift deed? Also is LBT applicable for executing the gift deed?
Anonymous
02 February 2019 at 10:42
This query is regarding Perpetual lease deed issued against Govt Grant act 1895, the parcel of land was allotted to Mr. B Ram on 1973. in the lease deed this is mentioned that for the purpose of succession sirdari rights have to be followed. Now after B ram Chaudhary, there are his 3 legal hiers . If possible, By which law this parcel of land can be divided among the legal heirs. As one of the legal heirs (among the three) have managed through to get the letter/order from DM office that he is in the possession of specific khet no. and khasra mentioning the specific portion of the leased land was issued to him. Is this possible to partition the leased land in this way ? that is without getting notices to co-owners of the land. what does sec54 of CPC says about this and does this CPC is applicable to Non ZA lands.
Rajiv kumar
01 February 2019 at 15:14
dear sirs,
I stood as a guarantor for a loan availed by a pvt ltd company in which my uncle and his son are directors.Due to losses in business the account was classified as NPA on 29.10.2018.The bank had mortgaged properties belonging to my uncle and me as collateral.However the market value of the properties is lesser than the loan availed.The bank issued a notice under section 13(2) on 2/12/2018 to my uncle and me under sarfaesi act with regards to the secured properties.Around three days prior to my receiving the notice by registered post i had transferred my unsecured properties to my son by way of registered gift deed.My questions are:
1)Can the bank file a suit against me saying that i transferred the unsecured properties with an intention to defeat or delay the creditors(bank) and to declare the gift as null and void under section 53 of transfer and property act.
2)can the bank file an insolvency petition against me to declare the transfer as fraudulent transfer
3)Can i say in my defense that i had gifted the property three days before i received the NPA notice and hence had no knowledge that account was under stress
P.S The bank has not sent me any notice regarding the unsecured properties till now.
Anonymous
01 February 2019 at 13:29
Dear sir
i purchased a plot last 2 years back from Grampanchayati layout recently i taken EC in that first coloum of EC appears like "Mootakunduru village/Gramakhantam" so is there any problem in the plot
please help me sir
Anonymous
01 February 2019 at 04:13
Hi we have to enter in to a lease with a commercial complex for 5 years period wth an option to extend the lease for another 3 years . The average rent works out to Rs 60,000 per month . we receive a ten months deposit for the same. To register this lease what are the stamp duty and fees that becomes payable in Tamilnadu. And, the above duty & fees payable including GST. Thanks for your help in advance.
B Dutta
31 January 2019 at 21:49
Hi
My(Complainant) current case stage is Brief notes of Argument (BNA) on SCDRC state consumer forum against builder Unitech for proper delay compensation in delivery of the flat.
I have below queries -
1. Do I need to submit notarized version of BNA written ? or just print on demi paper would be fine?
2. Do I need to add affidavit along with BNA?
3. Do I need to attach any proof/document ? (I have already submitted all in stage "evidence on affidavit")
4. What is the format of BNA? is it just my arguments to support the argument claim I did? or anything else i need to draft in BNA
Thanks in advance,
B Dutta,
Kolkata
Anonymous
31 January 2019 at 18:12
My wife and I are joint owners of an apartment in Mira Road, Thane. The property is currently mortgaged with a financial institution as well.
Due to differences amongst us, we are planning to separate and file for a divorce by mutual consent. My wife is willing to leave the house to me, however I want to ensure that the property ownership is also transferred to me in entirety prior to our separation as a safety measure.
Based on the above details, I wish guidance on the below points:
1. What is the process and documentation requirements for the ownership to be transferred?
2. Do I need to initiate the discussion at registrar office or my Bank?
3. I have heard about Gift Deed and Relinquishment of property. Do any of these options make sense in my case?
4. What charges am I likely to incur in the process? Are stamp duty and registration charges applicable?
I want the process to be absolutely foolproof with no ambiguity. Kindly consider this element as well.
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