Anonymous
09 January 2019 at 00:03
Our society has executed registered development agreement with developer in 2015.
For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem
The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started.
The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat.It a common phenomenon.
The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation.
In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC.
Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE of Rs 15.30 crores WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES.
He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties.
Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY.
The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED.
WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT.
FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWEEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Further please advise can a legally enforceable mortgage deed be created when property itself is not existent on the date of agreement registration
Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc.
Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper.
How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law
Is this case be accepted in consumer forum how much are the chances.
Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court
Regards,
JAYESH CHOKSI
8080546187
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krishna
07 January 2019 at 18:13
I am planning to buy a 156 square yards plot in 1 acre venture in village.
My doubts:
1. Land owner purchased this 1 acre in 2003. Is it necessary to take signatures from wife and children of land owner at the time of registration?
2. Land owner has not taken layout approval. But He is willing to pay land conversion fee in Panchayat. Is it ok?
Anonymous
07 January 2019 at 17:58
I have recently bought a resale flat in Pune. There was a tenant staying in the flat with whose company is a Public Sector Undertaking (PSU) there was an unregistered lease agreement on stamp paper with the previous owner for two years. When I purchased the flat recently, the lease agreement got over.
However, the tenant staying there wished me to continue the same type of agreement with his PSU for another 11 months, which appeared okay from my personal requirement.
I figured out that in Maharashtra registering an agreement for the purpose is mandatory. However, stamp duty on a lease agreement is large, and do not protect the interests of the owner well.
Therefore, I wanted a leave & License agreement, which the company is not ready to entertain, and direct agreement between me and tenant won't allow him to get House rent Allowance from the company.
In that case, the tenant suggests me to do (i) an unregistered lease agreement with their company on a 500/- stamp paper (then company will pay me directly the rent for the flat), and to address my concern, (ii) have a separate Leave & License agreement between me and the person staying in the flat which shall be registered.
Please suggest if the above will be legal and safeguard my interests as an owner ?
Vijaya kumar Avula
07 January 2019 at 16:06
A purchased a agriculture land from B in the year 1962 with registered sale deed , but till now A or his son or grand son can't take the possession or entries in Revenue records i.e adangal/Pahani or ROR 1B.
B's son after grand son enjoying the same land and B's grand son name is reflected in revenue record. Now the grand son of A trying to take the possession from the grand son B, the same was rejected by B's grand son by telling that the registered sale deed was bogus, if it is real why can't they take the possession till now. in this case what remedies available to A' grand son and B's Grand son, can The A's Grand son can file case for take possession or Can the B's Grand can file case for injunction order. please suggest with reference case law, this land situated in Andhra pradesh,
Sandesh
07 January 2019 at 14:13
My mother who is alive wants to transfer her thane flat on my name. How much total tax i need to pay if she is making a gift deed.. Property is 20 years old.
Recently there was a news in Newspaper of High Court Ruling Regarding No stamp duty to paid for resale flats will this be applicable in my case.
Anonymous
07 January 2019 at 13:10
We have a coparcenery property in Mumbai. This was an ancestral land which existed long ago even before 1850 and had come to the share of my Grandfather and also my Father they being male members in the Family.
My Great Grandfather had passed away in 1930, Grandfather passed away in 1989 without a will surviving his only son (My father) and two daughters(My aunts).
I am given to understand that
1. Law of succession will apply as it prevailed on the date of the death of the Grandfather.
2. A female cannot ask for partition in a coparcenery as per HSA 1956 Sec 23.(which existed in 1989)
Query
1. If that is the case, in an absence of partition suit, can my aunts raise any other kind of suit asking for the share?
2. What is a technical difference between asking for partition and asking for a share?
3. In what way is a share actually paid / payable if there is no partition.
Would like to understand the LEGALITY of such a situation.
Thanks for the response
Anil Kumar Pulumati
07 January 2019 at 13:09
Under new companies Act,2015 amendment what is the procedure & what resolution to be adopted for transfer/ sale of immovable property by a private limited real estate company.
munshilal
07 January 2019 at 08:51
Two brothers equally shared inherited .self acquired property of their deceased father by the virtue of his WILL.
now one brother dies --query---- is what is the fate of the widows share of property?
Anant Subramaniyam
06 January 2019 at 13:52
Me and my wife has a joint property owned in Thane district, Maharashtra. Since we are getting seperated through a mutual divorce, I wish to relinquish my rights over the property for a monetary exchange. Will this attract registration fees and stamp duty? If yes, what will be the approx charges for this, considering I'm relinquishing the rights for 12 lac ruppees? Is there an exemption in the stamp duty and registration for husband to wife transfer?
Thank you!
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Tenant refuses to pay rent for more 3 months
Hello Sir,
We have our own house in sodepur, kolkata. We rented the ground floor to a family from last march 2018 with rental agreement for 11 months. Rent is 6500 rs plus electricity bill has to be paid by the tenant(we have two separate electricity meters in the name of landlord. One is dedicated to tenant usage). As they are always reluctant to pay the rent and electricity bill within the agreed time we gave them verbal notice to vacate the house at the end of the agreement means after 11 months which is 31st jan 2019. We have also given them 3months legal notice. The tenant has stopped paying rent from oct 2018. And electricity bill is also due from Oct 2018. My questions are:
1. What we can do if they do not vacate on or before 31st Jan.
2. We have deposit money of rs 10000. Can we deduct the electricity bill from that. the electricity bill is more than 2000 per month.
3. How many days will be taken by Rent control board of west bengal to provide the judgement.
Thanking you,
Tapashi Sen