pranab majumdar
27 June 2017 at 19:15
Respected sir,
We have sold our anchestral property to a developer.Agreement was done for some cash and one flat.As per agreement cash part is already received.now one flat we have to get.expenditure of registration of flat in our name to be done by developer or not? Are we suppose to get alottment letter of the flat by the developer?
kindly advice.
Regards
Pranab
Sid Raj
27 June 2017 at 19:13
Sir, I m a son of first wife of my father and we are hindu. My father did second marriage to a muslim girl. Our grand father is with us they want to give all the property to my mother so Is there any possibilities to do this and the property that my father buyed, how it will be distributed among my mother and his second wife that is muslim. Is my father have any right to sale property or give to his second wife. Please! Sir clear my all the confusions...
chandra hebbar
27 June 2017 at 16:16
Dear Sir,
I heard that recent real estate amendment act,Now builder can able to sell car parking slot.I my self Bangalorean and my flat registration has done on 2016.Now what is the provision for me to get car parking slot in my apartment.
Regards,
Chandra Hebbar
SAA_Bombay
27 June 2017 at 14:54
My Mother has flat in her sole name. She wants to gift that to me. Our consultant has asked for NOC of society for Gift Deed. Now I have to make payment of X amt to society which is due & is in legal dispute. (Developer was suppose to make payment of property tax till OC which he has not paid & matter is in court, at time of demonetization few members gathered & paid property tax to extent of their share) Now Society is forcing me to make this property tax pymt or else thy will not give NOC to me. Right now, I am facing some financial constraint & hence am not able to make this pymt immediately.
Please guide what can i do?
MOHAMMAD RIZWAN
27 June 2017 at 11:26
I am four brothers and we have a joint property in my mother's name ( mother expired ) . I and two brothers with me want to sell our share (3/4) of the joint property .I want to know that can we sell our share to any person.
V Manikandan
27 June 2017 at 08:28
My housing society is claiming some charges areawise and other flatwise.
The areawise collections are kept as reserve fund and flatwise fund is used for daily services, maintenance, small repair works other expenditures.
As per bye-law no 65 (Maharashtra, 2014), service charges shall be levied flatwise for byelaw no 64 vii to match the following expenditure.
1. Salaries of the office staff, liftmen, watchmen and any other employees of the Society.
2. Where the Society has independent Office, the property taxes, electricity charges, water charges etc. for the same.
3. Printing, Stationery and Postage,
4. Travelling Allowance and conveyance charges to the staff and the Members of the Committee of the Society.
5. Sitting fees paid to the Members of the Committee of the Society,
6. Subscription to the Education Fund of the Maharashtra Rajya Sahakari Sangh Ltd.
7. Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.
8. Entrance fees for affiliation to the Housing Federation and any other cooperative institution.
9. Audit Fees for internal, Statutory and reaudit, if any
10. Expenses incurred at meetings of the general body, the Committee and the Sub-Committee, if any as per by-law and some other small expenditures.
As per Bye-law no. 66.a.iii. Repair and Maintenance fund is to be collected minimum 0.75% of flat value per annum to match all repair and maintenance.
Except service charges, no other charges (not considering parking charges, funds to federation etc) are flatwise charges. However, bye-law no 66.a.iv says "Expenses on repairs and maintenance of the lift, including running charges for the lift : Equally by all the Members of the building in which lift is provided, irrespective of the fact whether they use the lift or not." I hope it is specially mentioned to avoid misconception of the fact of not using the service by any member". It is clearly mentioned as Expenses on repair and maintenance of the lift and not as services by or using the lift.
Bye law no 67.a. lists the expenditure under repair and maintenance it includes lift, generator, CCTV, garden etc.
Bye-law no 14.b. clears that "Repair and maintenance fund may be utilised for meeting the expenditure on maintenance of the society's property and repairs and renewals and thereof"
My committee members rejected my request. Please advise me whether I am wrong or I have to request again to implement the law.
Raja
27 June 2017 at 04:57
Hello sir..please inform whether agreement of sale cum gpa with possession (agpa) is valid even after the death of claimant...can the legal heirs of claimant sell the property...or the person who executed agpa can sell da property...from whom the property should be purchased...
Dilip Seshadri
26 June 2017 at 17:44
Dear experts,
As per Tamilnadu apartment ownership act 1994 (act VII of 1995) Chapter V point 19.1, clearly says that maintenance should be levied on per sqft basis. I am presently MC of a 62 unit apartment wherein the maintenance is on common(PF+PSF) basis. By following this method, the smallest unit is paying 2.80 sq.ft while the biggest unit is paying 2.23 sq.ft. We have newly taken over and changed the manpower agency and reduced the monthly spending considerably. Now we want to reduce the maintenance cost. The new MCs have proposed 2.35 PSF. By following this method all flats will be paying less than the present except the biggest flat. The owner will be paying more than the present maintenance amount. Unfortunately he also happens to be the treasurer of our association. So we have given him the smallest reduction by which he will be paying 2.15 PSF while other 61 will be paying 2.35 PSF. 3 of the residents have said they are happy with reductions but it should be 2.35 for the biggest flat as well.
1) What do you propose?
2) Can we follow the new method on trial basis without amending byelaws for 3 months?
3) Also what is the rule in tamilnadu for unoccupied flats. Some owners are abroad and their flats are empty from day 1. While some owners have locked their flat with their things and went onsite. They are asking for discounts as none of the amenities are being used by them and are not paying maintenance for the past 10 months. They are expected to be abroad for 2 more years.
Kindly advice on the same?
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Illegally conduct of Society Election for Owners Association
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Illegally conducting of election in a welfare housing societ
by
Sunil Kumar Samal
on 27 June 2017
Dear Sir, Our apartment Vasathi Anandi is a gated community with 7 Blocks in Hyderabad. Recently our residents tried to form an association, for that all residents got a notification that we will form association so please nominate yourself for different posts but one member from each block. And the selection process would be like from Top to Button stating from President, Vice President, General Secretary, Asst General Secretary, Treasurer, Asst Treasurer. However I nominated as President from my Block B and another guy also nominated himself for General Secretary and Treasurer. But as per condition if I will win election so the guy nominated himself for other two posts would be disqualify as per One Block One Post. But similarly in another Block D, one lady was standing for Asst General Secretary and one guy for Treasurer. But that lady was standing unanimous as there is no contestant. So as per our by law, one block one post. The lady selected for this by default as no contestant against her. But some people wanted another guy who stands for Treasurer. As his position comes later so he is Technical out as lady won by default. But our election committee is changed the rule at last moment and asked this lady to resign and she also did it and so they selected Treasurer which is against our ByLaws. So sir in that case what the laws said and what kind of action can be taken.
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