rajeshshah
27 December 2014 at 19:31
Required urgent help
In the year 2005 my co-op. hsg. Society situated at mumbai , about 40 years old, not at all in a dilapidated condition, consisting 30 flats, out of these 30 flats 27 flats belongs to 9 members who are relatives to each other, decided to go for the redevelopment, in the year 2006 general body meeting was called upon and decided to redevelop the building from the builder say “A”, and accordingly all the members signed the resolution including me. But in the redevelopment process no prescribed rules and regulations of the redevelopment followed like :
(1)Redevelopment is not as per the last
original sanctioned last plan of the
society
(2)No intimation to or presence of the
registrar.
(3)No tendering of the developer.
(4)No structural audit report obtained.
(5)No pmc etc.
(6)Members who have been encroached the
common plot of the society have been
compensated in terms of area in the
new building against their
encroachment ,and mainly those
encroachers are the committee members.
For example my carpet area is 1000 sq.
feet similarly another committee
member who has the same area have been
compensated more than me because of
the encroachment since his flat is on
the ground and he has encroached the
common plot of the society.
Since I am living in another city so I was not aware about these necessary requirements for the redevelopment at that time but after appointment of developer, I took the objection in this regard and sent the notices to the society regarding illegalities, non transparency, inequality in the redevelopment and demanded the related documents but society never co- operated to me on the contrary society replied me through its advocate that we have given all the documents to you now if you want any document than approach to the registrar.
In the year 2008 executed the development agreement which was signed all the members of the agreement except me and developer paid the corpus amount to all the members of the society except me on the contrary he never approached to me for signing the agreement and never offered me the corpus amount.
After executing the development agreement with the socity developer kept silence he had not initiated any progress towards the redevelopment (may be due to the slack position of the market) and in the year 2012 society sent the letter to the developer stating that if with in a certain time if redevelopment work will not initiated than society will forfeit the development agreement alongwith the corpus amount.
So In the year 2013 on the basis of P.O.A given by the society, developer as plaintiff filed the suit against me in the Bombay high court and claimed for crores of rupees stating that the delay has been caused because of me so he suffered the crores of rupees loss and in the motion of suit prayed to the court for interim order of vacating the flat and appointment of court receiver till the time redevelopment completes.
In the process of court I got some documents (Xerox) which are the strong evidences against the redevelopment carried.
And in the court proceeding developer in the plaint submitted (exhibited) the executed development agreement with fabrication and stated that all the members have been vacated their flat premises for redevelopment except me but the fact is that not a single member have vacated the flat and not a single member have got the amount of rent he also mentioned that he has received the IOD etc but the fact is no IOD have been obtained.
In the defend my advocate submitted the short reply and mentioned that my client has no objection for the redevelopment provided it should be as per the prescribed bye-laws and my client should be treated at par with other members ( another members having the exact area of flat comparing to defendant (me) are getting more area in the redevelopment and he also stated about the illegalities of the redevelopment but he had not submitted any evidence and on the contrary he requested to the court about calling upon the documents in relation with redevelopment but court had not heard to my advocate and have not allowed us to submit the evidence against the redevelopment on the contrary court had not ordered to the society for submission of necessary documents for redevelopment and in the motion passed the interim order for vacating the flat and if not vacated than appointment of court receiver and handing over the flat premises to the developer ( plaintiff).
So I went in the appeal but in the process of submission of appeal, the date of vacating the flat premises had come and receiver took the possession of the flat.
And on the very first day of hearing of appeal the court dismissed the appeal and upheld the order of the single judge but when my advocate stated about the illegalities in the redevelopment the concerned judges suggested us to file the separate suit for that.
So please suggest me that which type of the cases I have to file and get the stay order against the redevelopment till the time illegalities and non transparencies in the redevelopment gets proved and at present only my flat has been taken by the developer in his possession remaining all the members are there in the society nobody has vacated the flat premises whereas in the plaint it was falsely mentioned by the developer that all the members have vacated their flat premises and they are living as temporary transit.
Thanking you in advance
jeetendra patel
27 December 2014 at 17:00
dear colleagues,in one civil matter my opponent is claiming possession, whereas possession of property is with my client.Can you enlighten me with any land mark judgment governing concepts of de facto possession and de jure possession.
Dipak Das
27 December 2014 at 15:23
Hello Sir
I am getting a house on rent but the rent agreement would be between myself and a company who owns the apartment.
Can I go ahead and make a rent agreement.
If an individual pays rent to a company owned property is there any TDS deduction to be done by me!!
How do I claim rent benefit in my HRA from Income tax as the pan card would be of the company.
Is this legal!!!
Please respond Sir
regards
Dipak das
Adv Mazhar H. Shaikh
27 December 2014 at 13:35
Respected Sir,
Please guide that elder brother gifted shop to younger brother (both major and co-owner in self earned shop) by Registered gift deed and now younger brother wished to sale the property. Does at the time of sale deed registration the consent of yelder brother required?
Thanks
Adv Mazhar Shaikh
nagarathinam
27 December 2014 at 13:28
1.What is operating lease?
2.What is finance lease?
3.What is Lease plant from overseas company?
Last academic year?
nagarathinam
27 December 2014 at 10:50
1.What is operating lease?
2.What is finance lease?
3.What is Lease plant from overseas company?
Last academic year?
suryagaurav
26 December 2014 at 18:27
I bought my house through power of attorney in unauthorised colony at Delhi.REcently DDA levied a term that if I am owner of any other property in DElhi, then I am not eligible to take allotment of plot by DDA.
Please guide whether I am owner of the house or not in the eyes of law
atul kumar
26 December 2014 at 17:57
Dear all,
As we live in Gorakhpur, Uttar Pradesh since 1993.
we live in a house (unclaimed property till date) from last more than 20 years and now we started paying house tax from last year, we have the ration card, gas connection electricity connection.
Now my family want to make construction on that property.
What should we do further for legally own that property.
please suggest.
pushpakrishna
26 December 2014 at 17:45
Dear experts,
i am proposed to purchase a flat at bangalore and given an advance of Rs.2,00,000/- Sale Agreement sent bu a builder who are also one of the reputed builder.I the sale agreement Schedule A mentioned regarding the boundaries of the entire land. but in schedule B my flat mentioned but with out boundaries.when i inquired with the builder they says that we are following the same procedure for all since many years.my query is to you all the experts is it right?my flat is NO is 125 area 1200 Sq.ft.i am asking them to mention East is flat No126 west is flat No124 south is coridar north is vacant place.kindly advice in this regard.thanq
ravindra
26 December 2014 at 14:04
dear sirs, we hav gav advance for property by oral with 3 months time. Now we ready to give balance amount and get rigistered. He dont agrees and demanding more amount. We recorded phone conversation after he refused to oral agrement. In phone he agreed oral agrement.phone cal record can valid as evidence. Thanking you sir.
Redevlopment
Required urgent help
In the year 2005 my co-op. hsg. Society situated at mumbai , about 40 years old, not at all in a dilapidated condition, consisting 30 flats, out of these 30 flats 27 flats belongs to 9 members who are relatives to each other, decided to go for the redevelopment, in the year 2006 general body meeting was called upon and decided to redevelop the building from the builder say “A”, and accordingly all the members signed the resolution including me. But in the redevelopment process no prescribed rules and regulations of the redevelopment followed like :
(1)Redevelopment is not as per the last
original sanctioned last plan of the
society
(2)No intimation to or presence of the
registrar.
(3)No tendering of the developer.
(4)No structural audit report obtained.
(5)No pmc etc.
(6)Members who have been encroached the
common plot of the society have been
compensated in terms of area in the
new building against their
encroachment ,and mainly those
encroachers are the committee members.
For example my carpet area is 1000 sq.
feet similarly another committee
member who has the same area have been
compensated more than me because of
the encroachment since his flat is on
the ground and he has encroached the
common plot of the society.
Since I am living in another city so I was not aware about these necessary requirements for the redevelopment at that time but after appointment of developer, I took the objection in this regard and sent the notices to the society regarding illegalities, non transparency, inequality in the redevelopment and demanded the related documents but society never co- operated to me on the contrary society replied me through its advocate that we have given all the documents to you now if you want any document than approach to the registrar.
In the year 2008 executed the development agreement which was signed all the members of the agreement except me and developer paid the corpus amount to all the members of the society except me on the contrary he never approached to me for signing the agreement and never offered me the corpus amount.
After executing the development agreement with the socity developer kept silence he had not initiated any progress towards the redevelopment (may be due to the slack position of the market) and in the year 2012 society sent the letter to the developer stating that if with in a certain time if redevelopment work will not initiated than society will forfeit the development agreement alongwith the corpus amount.
So In the year 2013 on the basis of P.O.A given by the society, developer as plaintiff filed the suit against me in the Bombay high court and claimed for crores of rupees stating that the delay has been caused because of me so he suffered the crores of rupees loss and in the motion of suit prayed to the court for interim order of vacating the flat and appointment of court receiver till the time redevelopment completes.
In the process of court I got some documents (Xerox) which are the strong evidences against the redevelopment carried.
And in the court proceeding developer in the plaint submitted (exhibited) the executed development agreement with fabrication and stated that all the members have been vacated their flat premises for redevelopment except me but the fact is that not a single member have vacated the flat and not a single member have got the amount of rent he also mentioned that he has received the IOD etc but the fact is no IOD have been obtained.
In the defend my advocate submitted the short reply and mentioned that my client has no objection for the redevelopment provided it should be as per the prescribed bye-laws and my client should be treated at par with other members ( another members having the exact area of flat comparing to defendant (me) are getting more area in the redevelopment and he also stated about the illegalities of the redevelopment but he had not submitted any evidence and on the contrary he requested to the court about calling upon the documents in relation with redevelopment but court had not heard to my advocate and have not allowed us to submit the evidence against the redevelopment on the contrary court had not ordered to the society for submission of necessary documents for redevelopment and in the motion passed the interim order for vacating the flat and if not vacated than appointment of court receiver and handing over the flat premises to the developer ( plaintiff).
So I went in the appeal but in the process of submission of appeal, the date of vacating the flat premises had come and receiver took the possession of the flat.
And on the very first day of hearing of appeal the court dismissed the appeal and upheld the order of the single judge but when my advocate stated about the illegalities in the redevelopment the concerned judges suggested us to file the separate suit for that.
So please suggest me that which type of the cases I have to file and get the stay order against the redevelopment till the time illegalities and non transparencies in the redevelopment gets proved and at present only my flat has been taken by the developer in his possession remaining all the members are there in the society nobody has vacated the flat premises whereas in the plaint it was falsely mentioned by the developer that all the members have vacated their flat premises and they are living as temporary transit.
Thanking you in advance