Rahul
19 November 2014 at 11:04
Hello,
starting by Thanking you for your time, i will keep it short
My building is a 28 year old 4 floor building with 17 flats (4 flats per floor) (1 flat is a double size.ie. 2 units merged into 1 by default)
the arrangement of elevator slot is such that it opens between a floor, midway stairs (ie. in a floor, two flats are down the stairs and two are up the stairs)
now the Management Committee has decided to install an elevator and 10 members are FOR and 7 are AGAINST the idea.
the 7 members want basic restoration of the building done (side walls are leaking etc etc) before going in for secondary concerns BUT I guess the majority gives them the right to go ahead with the elevator installation decision.
the issue with 6 members is that, we are on the ground and first floor so we wont be using the elevator because it opens UP the stairs and anyways doesnt make sense to use, its hardly 10 steps.
***In such case, can the society force the 6 members to pay installation charges and maintenance towards the elevator? ***
Kindly help!
Godwin
19 November 2014 at 09:28
Sirs,
A relative (A) had a land measuring over 4 acres. The owner, now deceased, had given a GPA in 1988 while he used to travel overseas, to a close friend (B). However, this friend observing his signatures in the GPA, had made a sale agreement pre-dated by 3 years and 6 months and also had counter-signatures of (A) mentioning 80% of the consideration was made in cash payment. On the day (A) passed away in 2001, (B) brought this particular Sale Agreement and asked (A)'s wife and children to sign the document and (B) was paying the balance amount. The legal heirs however had no knowledge of such transaction or agreement whatsoever. so they declined insisting to show these documents to a lawyer. (B) refused to give a copy or show the agreement to (A)'s family. On the contrary, he filed a lawsuit in 2006 and the court decided the case in (B)'s favor. So (A)'s family appealed the judgment but the decision was upheld by the Appellate despite bringing to the notice of the lawyer that the documents would have been very likely forged by (B) for the purpose of grabbing the said land.
Now a forensic was done on all the signatures by an expert and found that all signatures on the sale agreement are forged whether of the agreement or of receipt of payments to (A). What best is the course of action for (A)'s family to take? Now an appeal has to be made in a higher court as the lower court has decreed in favor of (B) and the appellate court has upheld the same.
Ratna Singh
18 November 2014 at 21:23
We are 3 legal heirs of my mother who was the owner of the house.i am living from last 10 years in another city for job. couple of years back my deceased brother's wife had instituted a suit against rest of the family members asking for restraining the defendants from evicting her from the house. She had made my mother as co-plaintiff, and we 2 brothers and our father as defendants. The house is a 3 storied building and she was living with her children on 1st floor. later my mother died and my other brother is living in another house along with father. Father is above 80 yrs., not keeping well and totally under brother's influence. Now that brother has instituted another suit for equal partition of the mother's house. brother and father are the plaintiffs and I and deceased brother's wife and her children are the defendants. He is demanding equal 4 shares, i.e. himself, father, deceased brother's family and me. He has referred in his plaint about the pending previous suit, and that the property was purchased by father in name of mother. His intention is to grab father's share. Can this suit be barred by the previous suit? what defenses can be taken to destroy his ill intent?
Akash
18 November 2014 at 19:38
Sir I had Purchase Land in Umbergaon, Valsad District, before 10 years and forgeted to change name in 7/12 and 8A.
Now when I go to Mamlatdar office they say the software is not aloowing from last 3-4 years to change name in the same documents now what can i do in the same to change the name ?
Thanking You
Niraj
18 November 2014 at 17:27
I want to know how I can get back my PoA rights in the below case...
A PCNDTA plot was leased for 99 years by PCNTDA to party A and had a registered lease document by his name in the PCNDTA register office. Now party A with his GPA sold out the said plot to party B by GPA at Register office. Similarly party B sold the plot to party C , and then C to D, by registered GPA . Further, the party D was forced to sign a notarized GPA for sale of the said plot to party E. The party D , which is me, now wants to claim back the said plot as the actual GPA holder. The party E had forcefully and under pressure, asked the party D to sign the agreement papers in his own house and later got it registered at the notary office.
How should I move forward with getting back my claim on the said plot?
Am I still a legal GPA holder?
The party E has already stuck a board on the plot claiming his rightful ownership of the plot.
This is a Pimpri Chinchwad New town development Authority (PCNDTA) plot.
The original or the first leasee holder i.e. Party A is alive and the lease document in registered in his name in PCNDTA.
I was the GPA holder, which was registered in registrar office between parties C and D.
However, party E has not registered the GPA document, only notarized it. He claims that he shall directly register the sale deed in PCNTDA, between him (Party E) and party A. Can he do that?
I need advice on how to get back my plot and plot papers from party E?
K P Ashok
18 November 2014 at 17:18
I stay in a CHS in Kalyan, Maharashtra. Our building is of 15 floors and the builder has provided a refuge flat on the 8th floor. Now;
1. This particular flat is being used to conduct "Satsangs" by a group of members.
2. Many of us had raised this issue in the AGM, but the management committee has decided to call an SGM to discuss this issue and take a vote on whether this activity should be curbed or not.
Isn't the use of refuge flat for any other use than taking refuge during a calamity, illegal?
If yes, is the management committee within its rights to call for an SGM to decide this?
Where should we complain to end this illegal use of refuge flat by some members?
Please advise.
Kind Regards
Ashok
Rahul Khemkar
18 November 2014 at 15:22
Respected Sir,
Eight month back i have purchased a flate in virar thane Maharastra from a reputed builder.Sale Deed registered in my name by paying stamp duty and registration fee as applicable and as per standard procedure through sub-ragistrar office.Index II also generated in my name.
Now due to some unavoidable circumstances i and builder both wants to canceal the registred sale Deed.Is it possible as per maharastra property law to canceal a registered sale Deed? I dont want to resale it.I want to get it canceal.Please advice.
Deepak sharma
18 November 2014 at 12:02
We have two house in Uttar pradesh, House A, House B
House A is in the name of my Grand father, House B is in the name of my Grand mother
They have done will in favour of my uncle of both the Houses
He wants to tranfer this to us (three brothers+Mother) under a gift deed. Please let me know
1)If this transaction attracts stamp duty.
2)If yes, is there a discounted rate for blood relatives?.
3)What is the authenticity of this type of deed
4) Is there is any kind of litigation of ownership in future?
5) Is such kind of deed is valid in uttar pradesh?
6) Is such deed can be revoked?
Houses are situtated in nawabganj, bareilly U.P
Any help would be appreciated!!!
Amit
18 November 2014 at 08:49
My owner is not returning deposit and I have already vacated the flat.
Here is the sequence of events:
Owner tells me that he wants to stay in the flat so i should vacate it.
And when i handover the key of flat after I vacate the flat, he gives me cheque of 150000(One lakh fifty thousands) and that cheque bounces becasue of insufficient funds.
After I talk to him, he return 100000(one lakh in cash) and gets a written on paper by me that i received one lakh.
After that for remaining fifty thousand, he is saying that he will return only 30000(thirty thousand) as I had put some holes in his bathroom tyles and he has to spend 20 thousand for damage.
Which is not true, and he is not listening to brokers also, and one of the broker is taking his side.
What should I do in this case?
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Lease property
Hi there, I come across a practical issue where a tenant using lease property since 10 years, where as lease deed is of 3 years.
Now the owner wants to vacate the property,(i,e after 7 years from the lapse of lease deed)But the Tenant is demanding double the amount of an lease agreement.
And the owner dint respond to the notices of tenant for repayment from last 7 years.
Please tell me what are the rights available for tenant in such a case??