Ketan Shah
14 December 2014 at 06:39
Respected Sirs,
Our partnership firm having 5 partners has decided that one of its industrial Shed in a Registered Co-op Society at Thane (Maharashtra) District, should be divided physically in to 2 equal parts. One part should go to 3 partners and another part should go to remaining 2 partners in the partners individual name in place of firm name.
Can we do so by entering in to a Memorandum of Understanding between all 5 partners and get it registered?
Is there any other option available to us?
Society has issue NOC for the division of shed based of lawful document.
Awaiting for reply.
Thanks in advance.
aseem
14 December 2014 at 01:25
Hi,
I am planning to buy a flat in Bangalore, This is Joint Development One Builder / developer & 7 landowner, I am buying property from one of land owner.
Their is a registered joint development agreement (JDA), between land owners & developer with 40/60 ratio. but it doesn't talk about sharing division among land owners.
Further to that their is a notarized (not registered) sharing agreement, which mention which flat belong to builder & which flat belong to which land owner.
I want to understand is above sharing agreement need to be registered or not. and what can be problem with unregistered sharing agreement.
Thanks
Aseem
Prem Dhawan
13 December 2014 at 23:33
Builder is demanding maintenance charges for flat and shop for the period even before possession/registration.
Shouldn't the maintenance charges become payable only after the possession (registry) of a flat (or a shop)? If they are applicable/payable even before possession then at what stage of the building completion (50%, 80%, ...) do they become payable?
Owner can't use the property till builder offers the possession so why should I be liable to pay for maintenance charges before that.
Moreover, if maintenance charges are payable even before the possession is offered then there will be bigger problem for the "owner" if the builder delays offering of the possession.
What should I do?
Thanks in advance.
sachin ahire
13 December 2014 at 21:20
SIR,
I AM LICENCEE(TENANT)OF A SHOP LOCATED IN KALYAN MAHARASHTRA.I OPEN A MEDICAL STORE WITH THE LANDLORD WHICH HE IS DOCTOR AND RUN A DISPENSARY AT ANOTHER LOCATION,BUT AT THE TIME OF LEAVE AND LICENSE DOCTOR TOLD ME THAT OPEN A MEDICAL STORE AT MY BUILDING SHOP(WHERE HI IS RECIDING) AND I WILL OPEN MY NEW HOSPITAL IN SUCH BUILLDING.AND TOLD ME DO NOT GIVE ME ANY COMMISION FOR PRESCRIBE MEDICINE ONLY INCRESE THE MONTHLY RENT BYE 1000RS EVERY YEAR.INCRESE OF 1000 RS PER MONTH IS INCLUDED IN LEAVE AND LICENSE BUT ANOTHER CONDITION HE CAME AND OPEN THE HOSPITAL IS NOT MENTIONED IN THE AGRREMENT,ONLY VERBALY DICIDED NOW HE REFUSE TO OPEN A HOSPITAL NEAR MY MEDICAL SHOP BUT WANTED INCRESED RENT.THE RENT IN AREA(VILLAGE) IS 4000 TO 4500 RS.FROM JUNE 2013 TO MAY 2014 I GIVE HIM 5000 PER MONTH AND NOW I PAID 6000 PER MONTH SO THERE IS ANY PROVISION TO PAID RENT AS A OTHER SHOP HOLDER PAID RENT.NOW I REFUSE TO PAID INCRESE RENT THEN HE SEND ME LEGAL NOTICE TO LEAVE PRIMICES WITHIN ONE MONTH SO PLZ HELP ME WHAT TO DO
Gururaj
13 December 2014 at 19:51
Hi Team,
I am looking for a lawyer near KR Puram area Bangalore to verify a property which I am planning to buy. Please can you share details of lawyers closer to this area if possible please.
Thanks
Guru
sagar jadhav
13 December 2014 at 16:40
tenant is in apartment ,not society
eviction suite and whole process costly,is there cost effective way?
1) He is not paying maintenance,rent and ele bill
2) he had quarrel with many members,will written complaint needed or sms or voice recording of complaint is sufficient
Ketan Shah
13 December 2014 at 08:56
Dear Sirs,
Can I pay the stamp duty on behalf of the previous owner of my flat in mumbai as the previous owner has not paid the stamp duty of his agreement with builder entered in to 1992 ? Can i register the said agreement between previous owner and builder?
If yes, how?
Please reply.
Thanks.
ganesh
12 December 2014 at 22:32
Hi there !
me & my brother purchase a flat in 2008 in mumbai jointly ,& also taken up a home loan for the said flat jointly now my brother is giving his share in the said flat to me. so my question is
can we register the gift deed between us while property is still mortgage but after gift deed within 6 months i ll repay all the balance loan so i want to know in this type of transfer will be valid after the said flat is mortgage free
Vipesh
12 December 2014 at 21:16
Dear Sir
We are living in a Pagdi system building in Central Mumbai. Our Previous Landlord had sold to property to 2 Persons (say Mr. X & Mr.Y) separately.
After examining the documents i.e. deed of assignment for sale of Property through our Advocates it is clear that the property has been sold to Mr.X. Mr. Y does not have any such document.
Mr.Y has files a case against Mr. X in High court claiming to the actual Landlord. The case is pending in the High Court
Now Mr. X & Mr.Y had filed a case against us (Tenant)in Small causes Court separately claiming to be the Landlord & demanding that the Rent to be paid to them only & Eviction to be granted to them of our House.
We have been fighting the case against both the landlord separately in Small Causes Court. We have given Reply also to the Court against both the Landlord for summons issued to us.
Now after verifying all the documents of Mr.X from our Advocate it was clear that he is the actual Landlord of the building so we have made settlement with Mr.X & paid rent to him and also given him Consent for redevelopment.
Now my Querry is :
1) In our reply given to Court in Mr.Y case we had mentioned in written statement that we are not trying to give Consent of redevelopment to Mr.X. But now since we have given Consent to Mr.X after verifying all his documents, what effect will it have on our case with Mr.Y.
2) We have not received Injunction or Stay Order of any type from Court in Mr.Y Case.
3) Also Mr. X has not recd any Stay Order from High Court for any matter whatsoever
4) Now what type of argument will Mr. Y make on us since we have given consent to mr. X
5) is it Contempt of Court that we have given Consent to Mr.Y.
Request your guidance
Thanking You in Advance
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Adjudication law in lieu of stamp duty
Iam a POA holder and my relative is in America and now I need to execute a sale agreement on behalf of my relative (owner of the property) wherein I have to pay adjudication charges as applicable in my state of Karnataka so my question is after I pay the adjudication charges will the purchaser have to bear the stamp duty charges again?
Kindly advice as the purchaser has informed that once the adjudication has been paid then the stamp duty charges is not payable again?