ChandanLawyersclub
11 April 2015 at 11:28
Dear Experts,
We are small association of 28 flats in Bangalore, project in now in ready to move stage. When builder sold us , he told us about some deviations in building , which are in limit at the time of booking.
this is a joint development between land owner and builder , they have 50%- 50% share.
Now both builder and owner has constructed a office space of 400 sq ft( UDS( un divided share, 100sq ft) in parking area. Without informing to us. He has registered also in their names.
They are telling apartment has 4 surplus parking, they either need to sell or make office. No one bought additional parking( rs 4L per carpark additional) so they are constructing office.
He has divided all land in UDS and given to each flat as per size, but from each flat he has take 1-2 sqft without telling us.
1. How he can take 1-2 sq ft from our UDS.
2. By this additional office structure, deviation of building is going more, which is not accepted to us. What are legal remedy for us, we want him to demolish the office what he has build in parking area.
3.When entire land area is distributed as UDS how additional car parking can come on builder name? If any car parking area is left separately, it should be handed over to association.
He is giving us logic since land owner is not going to sell 3 flats, his UDS will go down by 100Sq ft and same they registered for office.
We have called both of them for meeting and they are avoiding us now. In case we need to take legal steps, what is the procedure?
Regards
Chandra
adityamehta
11 April 2015 at 11:04
My Mother is the owner of Ground floor portion of house by virtue of registered deed. She is also owner of portion of 1st floor by virtue of gift from my grand mother which is not registered. I am registered General power of attorney holder of my mother, not specific, said POA permits me to deal the matters in respect of said property of both floors including the mortgage, accordingly I offered the registered portion i.e. Ground floor to Bank for mortgage , am I eligible to offer or I have to have another registered POA specially for Ground floor, request to kindly clarify and enlite your views.
Shaurn
11 April 2015 at 00:22
My Father-in-law and Mother-in-law are joint owners for their apartment in Hyderabad. They have 2 daughters. Now my father-in-law has passed away and there is no will.
1. Would my mother-in-law automatically get full ownership of the apartment.
2. My mother-in-law is now trying to sell the apartment and both her daughters are not looking for any share in this. But the buyers are still asking for legal heir document. Is it required? Or can the sale be done without the legal heir document.
3. Is there an option to transfer the full ownership of this apartment on to my mother-in-law so that, she can then sell without any issues of getting legal heir document or other documents.
subhash
10 April 2015 at 23:49
Dear Sir,
i am belonging from darbhanga bihar. i had purchase a property in 1997 at my home town and same has been purchased by my uncle in 1992. but, he did not pay the actual stamp duty and he was mention wrong boundary wall in deed. he is criminal minded person. actually he was purchased a agriculture land from land owner ( which is die) but at the time of deed registration he were mention wrong khata no.
now, he appal me that i will complaint to police. you will lost your property and life also.
please, sujjest me what i do ?
may i won the case if we are going to court or not.
please, find enclosed herewith boundry wall which is mentioned in deed.
thanks and regards
subhash
Narasimha
10 April 2015 at 22:45
My parents are staying in house which is in my name. I got this house from my grandmother. Is there any way that my parents can stay in this house if anything happens to me(death). My wife should not have right to do anything to them. I'm only Son. Can I give power of attorney ?
sajeedrshaikh1
10 April 2015 at 21:37
Hi,
Our family owns a land of 6.5 acres at our home town. There are 3 siblings among whom this land is to be distributed by their Father(who is no more).
However, the eldest son has sale-deed 2 acres of land from the father 18 years before. So, we have a total of 4.5 acres of land left. My query to you is, will the eldest son who has already sale-deed
2acres of land have equal shares in remaining 4.5 acres of land or not in Muslim law, since he has already taken his share from 6.5 acres. If not , is there a way to not include his share in 4.5 acres of land?
-sajeed shaikh
Manish Gandhi
10 April 2015 at 12:53
Sir,
Co-Op Society is deemed owner of property allotted to members who is deemed Tanant. When property is rented its called subletting and Co-Op Society expect share from earning by subletting to non-members. It is understood.
But when property, say Flat, is outright purchased in Apartment,which is not Co-Op.Society, and maintenance done by sharing of expense, in this situation such Apartment Association charge Non Occupancy Charge when it has no right on property?
What about Non Occupancy Charges,if huge one time maintenance deposit recovered at the time of sale of Flat, deposited in bank and maintenance done from the interest earned? As in that case there is monthly maintenance is not accounted for and hence not collect from each members.
naresh lalchand israni
10 April 2015 at 11:39
Dear Sir,
My mother wants to gift a owned shop to her real daughter (my sister) which is situated at Navi Mumbai in a co-op Hsg. Soc. Therefore, I would like to know if any No objection certificate and/or supporting documents are required from the Co-op Hsg. soc.for the gift deed ?
and if yes then can you give me/suggest me the format & what all documents are required so that I can approach to the Co-op Hsg. Soc.
Awaiting for your reply.
Thanking you,
Yours faithfully.
(Naresh)
ryan
10 April 2015 at 01:24
Hello,
I have rented out a small building with one room, it is inside my residential house premises but not attached with my house. My tenant used it for commercial purpose (womens beauty parlour). I provided my tenant the NOC to have a seperate electric connection in their name, so they have a seperate electric meter from electricity board. The agreement expired in 2006 and my tenant refused to vacate , so I filed a court case in the district court in 2006. I won the case but then they moved to high court in kolkata, and the court case is still going on since 2006 to 2015.
I am worried because I read somewhere that if a tenant stays in a rented property for more than 12 years with having a electric/telephone/gas connection in their own name, then hey can claim the property. So, IS IT TRUE ?
Can you please suggest any kind of way in which the case could be ended and I can get possession of my property ?
Right now they are trying to get a stay order from high court and we are trying to prevent it.
Please suggest some solution to this problem, I am totally frustrated.
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Legal heir of property
1).X was an owner of a property,he was 6 sons & daughters i.e. A,B,C,D,E,F.
2).X gifted his entire property to his elder son A,G was A's wife,A&G had no issue/child.
3).’A’ died in the year 1995, after that ‘G’ – wife of ‘A’ died in the year 2000.
Query is=
•Now whether B,C,D,E,F will be the legal heir/have they any legal right for the above said property?
•Or the right/title of the property will be transfer to the ‘G’ family side (mother side)
•Who can claim the right of the property?
Thnx.Regards.Ashis.