Anonymous
20 October 2018 at 12:05
I have flat of drs cidco, but I buy from the first owner on power of attorney 20 years ago. Now I want to transfer flat on my name as I did not transfered it 20 years ago.also society is not giving noc to transfer on my name.
Also I have no idea about the first owner as he is alive or dead.
How can I transfer as society is too much making trouble.
A V Sreenivasan
19 October 2018 at 19:24
I have booked for a Flat in Mandavelipakkam area in Mylapore, Chennai in Dec 2012 and after construction possession in July 2014. There are 6 Nos approved Flats in Stilt+2 Floors construction which is duly approved by Chennai Corporation. The builder at the fag end of construction of the building, has put up flat of around 500 Sq. Feet unauthorised construction in the Stilt Floor and also has illegally retained 288 Sq. Feet of Undivided share of land (UDS). We 4 of the flat owners, through my fellow owners have approached the Hon'ble High Court of Madars for demolition of the stilt floor unauthorised constructions put up by the builder vide Writ Petition No. 31638 of 2015. The Hon’ble High Court has passed orders directing the Corporation of Chennai to remove the unauthorised constructions in the stilt floor of the building. However, so far action for demolition of the unauthorised construction has not been executed by the authorities concerned. The Court order was issued in NOVEMBER 2015 and we got a copy in February 2016. In the meanwhile I came to know that the builder has appealed to the CMDA Appeals Committee for approval/regularisation of the stilt floor unauthorised construction in the above building in total violation of the Hon’ble High Court order. Accordingly, inspection of the building was carried on 27.08.2015 and I have brought out the detail of Hon’ble High Court order in this regard to the Appeals Committee and CMDA Authorities. Moreover, it was brought to the notice of the Authorities thatCar Park of Flat No. F-2 which is mine, is directly affected because of the stilt floor unauthorised construction as the same is interfering with the drive radius of designated stilt floor Car Park for the flat. It is found that great difficulty is there for parking even small car like ‘EON’ and whereas as the flat owner I wish to park a mid-size car like Honda City. The car park can accommodate large car but because of the drive radius interference by the unauthorised constructions (i.e flat) it is impossible to turn the same. The hearing by the Appeals Committee is scheduled on 23.10.2018 and I have been invited to attend as an objector. In this regard, I request, experts may please clarify the following queries: 1) What is legal course of action I have to take in case the Appeals Committee approves the unauthorised construction in stilt floor? Can we approach the High Court again with Contempt Petition? How the Court will look in to my genuine problem with parking? How legal is an unauthorised construction be approved in Chennai & CMDA rules and regulations? 2) How the illegally retained UDS of 288 Sq Feet by the builder can be recovered by all the 6 owners of approved Flats or can it will got declared by Court as having no rights by the builder? It may be noted that as per the approved plan as on date the builder has reached the permitted FSI of 1.5 for the building already. I heard that a Supreme Court Order in this regard exists and if you can help me with the details of the order it will be helpful? Kindly advise me further in this matter. Regards A.V. Sreenivasa
S.R.Arunachalam
19 October 2018 at 18:15
Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate company, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot. To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot. Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval. The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me.
Abhinav kumar
17 October 2018 at 22:15
I purchased the property from power of attorney now I want to sell the property does a copy of power of attorney is required while selling the property after having a mutation of property on my name.
Anonymous
16 October 2018 at 17:16
Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate owner, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot.
To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot.
Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval.
The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me..
Charyulu KVN
16 October 2018 at 10:56
Consideration amount shown as 'zero' in Encumbrance Certificate against one transaction, what does it mean?
Anonymous
15 October 2018 at 20:22
My flat is on 7th floor of a 7 floor building adjacent to a big terrace. Builder has sold us some area of terrace , put a proper separation wall and also an entrance to the terrace from our flat. This is mentioned in the sale deed and also shown in the plan of our sale deed.Remainig terrace area has a common entrance. We want to sell the flat but the society is not giving NOC and saying that the terrace belongs to the society. Its a 12 year old property. Till date society did not raised the issue. Please advice.
Manu
15 October 2018 at 19:44
Sale deed of a property is registered SOLELY in my name. My father's name as mentioned in the deed is not correct. His name should have been written as Randhir Kumar instead its written as Ranbir Kumar. It seems that this happened as an inadvertent mistake ( sale deed was executed in vernacular ) . All my identity documents Like aadhar card , pancard & Voter ID has my father's correct Name. How do I get this rectified so that in case we have to sell this property at a later date there should not be any problem.
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Validity of sale did .
hello.
I wants to know any sale did is valid if owners name on holders ,in agriculture land (7/12)is two name and sale did made with one person ,whole payment done to one person.No title Recived by purchaser,A title notice by seller and its objected other person who is half owner of land ,I wants to know is its valid sale did???