GUNASHAKER L
19 January 2017 at 15:58
Our apartment is submitted and registered under the Karnataka Apartment Ownership Act 1972. The maintenance distribution stated in the bye laws as well as the act is based on undivided share. Can this be superseded using a majority strength to benefit a few.
In case it is superseded to benefit a majority strength what are the options for getting a fair judgement to follow as stated in the act and the bye laws.
Please advise.
Gaurav
19 January 2017 at 01:13
Hi,
I am one of the Flat Owners in a Gated community of 200+ flats in Hyderabad.Builder has called all owners this Saturday for Parking allotment and We are sure that parking demarcation/lining done by him is wrong and it leads to provding very small parking space for a Car.
Can you please enlighten us with the standard Car parking Space dimensions for a Flat in Gated community in Hyderabad as per GHMC/HMDA and as per law.
Suresh
19 January 2017 at 00:58
Dear Sir
I have entered into an agreement to purchase land at mancherial mandal (adilabad district, telangana). The pahani(s) show that the land is a "38E - Patta". I have obtained pahanis from 1965, all of pahanis after 1975 show the current pattedar as the patta holder with "38E - patta". Before 1975, I can see most of the survey numbers (before/after the survey number i am intending to purchase) show one name in pattedar column. So this confirms that the current owner got the land through land ceiling (Protected tenant)
My concerns:
1. The current owner is owning the 38E patta from 1975, is it okay for me to proceed to buy the land? or do I have to obtain the 38E certificate? If so, where to obtain the 38E certificate
2. The current owner has Ac 6.00 Gunta in the passbook/pahanis. Does it mean he owns the total Ac 6.000 Gunta OR he owns the 60% of land? Please bear with me, as this is only for clarification....as some people told me about the 60%.
3. What other things I have to do to make sure I am buying the legal land
Pls suggest me clear about 38e ....
Rajendra
18 January 2017 at 13:32
Dear Ms. Usha Kapoor Madam,
Consent Terms duly signed by the parties and
Their Advocates tendered, taken on record and marked “X”.
Decree in terms of Consent Terms.
Refund of Court fees as per rules.
Prothonotary to act on the Minutes.
Smt. Ramrati Radheshyam Gupta ) . . . . PLAINTIFF
Versus
1. Ramesh Ramdeo Gupta )
2. Rajendra Ramdeo Gupta )
3. Pushpa Ramdeo Gupta )
4. Kamla Ramdeo Gupta )
5. Devendra Radheshyam Gupta )
6. Mahendra Radheshyam Gupta ) . . . . DEFENDANTS
CONSENT TERMS
1. The Defendants waive service of Writ of Summons.
2. Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
3. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
4. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
5. Decree in terms of Consent Terms.
6. No order as to cost.
NOW PLEASE GIVE SUGGESTION TO BELOW MENTIONED MY QUERY :
IF PLAINTIFF EXPIRED AND DEFENDANT NO.1 IS ALSO EXPIRED AND THE GIVEN RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE RIGHTS HOLDER i.e. DEFENDANT NO. 5 & 6.
NOW I WANT TO KNOW THAT IF RIGHTS WERE NOT EXECUTED IN 17 YEARS BY THE DEFENDANT S NO. 5 & 6,CAN DEFENDANTS NO. 5 & 6 WERE EXECUTE IT NOW?
If possible give me your address for personally meeting & showing documents to you personally
Thanks & Regards
Rajendra Ramdeo Gupta
9222211660
shivshanker jain
18 January 2017 at 13:09
there are two directors in company . one invested money to buy property in name of company , now other director has stolen original papers.
what precuation should be taken to prevent sale of property further.
none of director is having shareholding in the company
Adv Prashant
18 January 2017 at 02:08
How can I get certified copies under court seal of judgment and map in a decree declaired in civil case of property that was decided in 1947 between my grandfather and their brother .
Whether there is any provision in civil procedure code or in any other law to get certified copies of it.
Ajit
17 January 2017 at 17:54
We reside overseas and are NRI owning a property in Gujarat.In order to rent the same on a short time basis of 11 months 1) what is better a lease agreement or Leave and Licence agreement? 2) After eleven months, if we want to renew the same for a similar period of 11 months, without visiting India, is this possible? 3) Where do we register the signed agreement? 4) What value stamp paper will be required for the agreement of Rs. 30,000/Month rent? Thanks a million in advance for the response to our questions.
Anonymous
17 January 2017 at 16:24
Hi there is a flat on my father's name. The nomination of which is made on my mother's name. I have younger brother and mother as first degree relative. Now my father expired in May 2016. My mother and brother both want to give me the said flat. But I have to sign MOU saying that I will not demand any share in other property. Should I go for a gift deed or release deed from both as stamp duty and other charges do matter ?
Vishal
17 January 2017 at 13:38
The Flat was in the name of Mrs A who died in 1991. From then onwards hier legal heirs are residing in the said flat. However no name transfer was done. (Note that tenancy was acquired in Pagdi syatem). The rent act was ammended in 2001 giving a time period of 5 yearsto legal heirs for transfer of name. Now we have received a letter from land lord that they are under no obligation to transfer name in the name of Legal heir.
Q 1. Does acceptance of rent from 1991 till 2016 create contract between Landlord and tenant and he is obliged to transfer name ? Q 2. Is there any provision of deemed tenancy. Q 3. Does pagdi syatem has any legal significance Q4. Landlord already knew of the death of tenant. and he kept silent for all these years. Does it make a difference Please
suggest an Advocate in kolkata to take up this case
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Diff between inherited and aquired property
We are 4 brothers. After the death of my father his flat was transferred to our mother's name for which no objection letters were given by us all 4 brothers for this transfer.This flat was purchased by my father from his own earnings. I have 2 queries.
1. Do we brothers still have any wright over this flat?
2. If my mother wants to sell this flat, is it necessary for my mother to take NOC from us?
Please advise !