Sanjay
31 March 2015 at 15:22
Sir
MC committee took affidavit (for rs.60,000/- to pay to society in 2003 - EMI to society rs.1125/month ) from all members excuding one member to raise major repair fund.
Committee mortgage bldg for rs.9 lac (actual work doneof rs.3 lacs) & bank given loan to committee in 2003.
There was misappropriation of repair fund & contractor too left the hald the work.
The mc committee did not at all excecute M-20 bond & seems to be vacated position but still bank granted loan to them.
We 6 members did not pay single paisa till now.
In 2005 secretary filed a case under 101 to recover pending instalment dues but lost case in 2007-8 due to non filing of m-20 bond & judge remarked that there was misappropriation of funds. Society never apeal the same in any court.
Since 2007-8 there is no communication nor raised any bill from committee to member regarding any dues pending.
Now new committee formed 3 months back.
Bank did not gave loan to individual but to committee/society. there is no communication from bank to members since 2003.
pls tell me whether committee can demand dues or take any action or can again file case ?
Can this be come under TIME BAR LIMIT & any other remedy in favour of members.
Thanks
Sanjay
31 March 2015 at 12:07
Sir, Iam member of CHS at Mumbai.
I gave it on leave & license with agreement notarized for 11 months. I gave it in 2013 1st time with permission letter given to society.
Maitenance Charges is rs.600 accordingly rs.60.
Society sent me bill / demand notice to pay rs.7200 every year so for 2 years 14400/-.
society includes this amount in every bill they send me.
The letter is cc to "federation/registar/police station"
I showed MH GR that NOC is 10% only. but they did not listen & they said they r going to take string action against me to recover dues cause society has tremendous power now (97th amendment).
Whether they can take any action ?
Please suggest. How to handle such situation.
Raj
31 March 2015 at 10:48
Hi,
I read in this forum that for property transfer within family the stamp duty is 1% subject to a maximum of Rs.4000.
Whats the definition of family here? Can I transfer my self earned immovable property to my brother and will this be considered family transfer?
Thanks in advance,
Raj.
Hans Raj
30 March 2015 at 18:54
I am from Himachal Pradesh My fathers's Grandfather have three sons and two daughters. Elder one is my Grandfather further having two Sons (My father and my uncle) and a daughter. Other than the ancestral property my grandfather also purchased some land at different region and district. My grandfather has been torturing/exploiting my father since the childhood and did not pay any attention even to the education of my father. Due to Snake bite ( 22 yrs ago) and tortures by grandfather My father's mental health is now not good and grandfather has been threatening my family to debar from the share of land.
IN 2010 THE GRANDFATHER HAS MADE A SETTLEMENT BY GIVING A SHARE OF ANCESTRAL LAND TO MY UNCLE, IN THE SETTLEMENT CASE HE HAS MENTIONED THAT HE HAS ALSO KEPT A SEPARATE A HOUSE AND LAND FOR HIMSELF AND MY FATHER. THE SITUATION IS NOT PREVALENT ON THE ANCESTRAL LAND BECAUSE GRANDFATHER LIVE ALONE AT PLACE WHERE HE HAD PURCHASED HIS OWN LAND AND OUR OWN HOUSE IS ALSO THERE NOT ON THE ANCESTRAL LAND.
NOW I HAVE BEEN CONSTRUCTING HOUSE ON THE ANCESTRAL LAND WITHOUT MUCH CONSULTATION OF THE GRANDFATHER. I WANT TO KNOW WHETHER HE AND MY UNCLE CAN RAISE ANY DISPUTE OVER THE PROPERTY?
pankaj Kumar
30 March 2015 at 18:11
I have a Joint Property, that is name of my lat grand mother, My father have one brother and 2 sister, they are all of married. my parents living into this house with my 3 cousins (married), my question is that, can i sell the some part of my house with consent of my partens (which is divided by my grand mother verbally)? plz suggest legal way.
LALIT KUMAR
30 March 2015 at 17:33
Dear Sir,
With the ref. to SARFESI Act 2002 for auctioned property,
I have bought the property through e-auction & paid the total amount 35.25 lakh through RTGS & Demand Draft in S.B.I SAMB Branch Patna as according to bank & SARFESI Act guideline. After 3 month bank has given to letter & told to me come in my office & receive the Sale Certificate. I have given application on the name of Authorized officer & told to him “How I can received the sale certificate without physical possession? Few days before I have got it one call from A.O come my office & take your amount 35.25 lakh. I ask to him why ? He has not replied to me. But as per internal source facts is- Dy. Commissioner of our City is relative of Brower cum landlord relative & he has not given to approval for peaceful physical assistant of local police for possession & unnecessary delaying & pressurized to me to take the money. Because he would like to bought the property.
Please confirm to me following things:-
1. Is bank return my money with interest or not ?
2. How I can get the principle amount with interest ?
Request to you, Please guide & suggest to me what I should do?
Thanks & Regards
Lalit Kumar
Bokaro Steel City
Ravinder Kumar Rohilla
30 March 2015 at 15:55
Dear Lawyer,
Our builder has issued an Offer of Possession with attaching Completion Certificate from Noida Authority. My query is that this OP is valid or not under the UP Apartment Act.
Secondly, the builder is charging 18% interest on late payments. Kindly let me know can a buulder charge 18% interest when I am told there is High Court or Supreme Court judgement that a builder cannot charge more than 12%. If so, kindly let me know the judgement in which case.
With kind regards,
RAVI ROHILLA
anjan
30 March 2015 at 13:04
Hi,
I have a commercial space/room and i have provided that room to use as commercial shop to a person as rent basis in the year of 2000. Initially, we had aggrement for three years, after that the aggrement was not renewed. Now, i am planning to do aggrement renewal with him for the period from 2015 to 2018 (for next thre years) but now my tenant is not wiling to renew the aggrement and he is saying that dont need to do aggrement and let it be as it was for last 15 years and his behabiour is not well nowadays. so i would like to evict that tenant from my commercial space. The commercial space is located in Panchayet area of west bengal. Could you please let me know the procedure to evict that tenant and is there any fixed time frame bound by government to finish this kind of eviction case ? May i file a case in consumer forum for this ? Please advise.
Thanks and regards
Anjan
Pramod
30 March 2015 at 12:29
Dear Experts,
My Land had been under Sec 10(3) and 10(5) but the entry is not reflecting in the 7/12 the Ceiling office too has no records of my case. We had filed a case against acquisition by ULCA and procured a stay in 81, this case was disposed in 91 with the comment that stay "may" be vacated. I have a letter from the Talathi that there has been no acquisition or reservation in the whole of the survey no. that my land is in. Is my land free of Ceiling by virtue of the repeal act or do I still have to go through Court and get the Land restored? Has the 10(3) notification become null or is my land still vested with Government?
Thanking you,
Pramod
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Partition deed
my father left a will which according to my brother is a forged one by me., since we are four legal heirs two daughters and two sons., if we make partition deed distributing the property equally my brother is not signing the partition deed
what has to be done legally to get the partition deed registered ?