seniorcitizen
03 November 2014 at 17:36
Sir/Madam,
My Sister & brother-in-law had purchased an ownership flat in a CHS in Mumbai. The name of my sister stands first in the registered document and Society Share certificate, the name of my brother-in-law stands second. My brother-in-law died intestate last year, they have no issues. My sister is the only surviving beneficiary.
Now my sister, who is a senior citizen, wants to sell the flat, what is her position? The registered deed and the share certificate have the name of my brother-in-law as the second owner.
Please offer expert advice and oblige.
Thank you all in eager anticipation,
Senior Citizen
Sundeep
03 November 2014 at 11:05
Arbitrary cancellation of registered plot of land by corrupt Secretary of NavyugSehkariAvasSamiti Ltd., Meerut (UP) and officials of UP AvasVikasParishad.
I am Sundeep Sharma, currently working in Singapore and am a member of the NavyugSehkariAvasSamiti Ltd., Meerut. Recently the secretary has sent a cheque No. 590143 dated 02Oct2003 of Rs264306/- drawn on Punjab National Bank along with a letter stating that my plot has been cancelled. I have invested my hard earned savings in this small plot of land with a view to make a dwelling in future to settle as a part of my retirement plan and am under tremendous stress since receipt of this letter from the society.
I do not understand how a legally registered plot can be cancelled after a span of more than 10 years.
• I was allotted a plot No. 58 in year 2003 in SwasthyaVihar colony developed by Navyug Sahkari Awas Samiti Limited, Meerut (UP). I paid Rs. 45000/- as per the rate fixed by the society and the plot of 150 sq yards was registered in my name on 03Mar2003.
• Over the last 11 years, the land rates in the area increased and the vested interests of the Secretary of the society came in picture. The managing committee of the society completed its term and further elections have been wilfully prevented by the Secretary in collusion with officials of Avas Vikas Parishad.
• An amount of Rs. 2 lakh, which is equivalent to about 4 times the original price of the plot as development charges (असुधारशुल्क) by getting an order issued by UP Avas Vikas Parishad for the same. This amount was collected in June, 2012.
• However, no development of the colony has been done and no plan of action has been conveyed to the plot holders.
• Instead of working for the welfare of society and its members, money collected as development charges is being used to initiate cases in Avas Vikas Parishad and various courts against members to harass them to pay more money.
• I have never been provided the audited account statements of the society.
These people are neck deep in corruption and have been siphoning away money from the accounts of the society.
Now, I suspect that the Secretary, in collusion with corrupt officials of Avas Vikas Parishad have the ulterior motive of re-selling the already allotted and registered plots to other people and sharing the black money so generated.
Is it legally tenable to cancel the allotment/ registry of the plots and what is the re-course available to fight this irregularity.
Sundeep Sharma
sundeepsharmaa@gmail.com
Member (Account Deleted)
02 November 2014 at 23:19
Posting this query again. My maternal uncle is living in a house inherited from his mother. During my childhood, he obtained signature from my mother and now my uncle claims that it is his property. The property was inherited by my grandmother from her maternal family. My grandmother passed away in 1990. Her gold jewelry also was kept by my uncle. My uncle is unresponsive when my mother tried to ask him her share. I would like to know the kind of rights my mother holds to claim the property. The property is being enjoyed by my uncle's family since 1982 and all the rents coming out of that property were never shared with my mother. Can we claim that as well? My grandfather is alive and he is ready to support my mother but not sure how. My mother was asked to sign so that my uncle can apply for home loan. My grandfather says that that my grandmother had intention of giving a share to my mother to which my uncle refused always. Consent was taken from my mother for a different reason. Let me know if any further information required. I will be grateful for any helpful advice. Thank you.
senthil
02 November 2014 at 20:47
Dear Sir/madam, I recently(1 year back) bought an flat in chennai. It has 3 blocks and 6 units in each block. recently i noticed wet damp patches appearing on the interior walls of my apartment unit. i approached the builder , but he is not responding. i see many cracks and wet damp patches are appearing due to that. I dont want to leave the cheaters like this. i want to file an case against the builder. Can you please tell me the procedure?. Does it need lots of documentation?. Can you please tell what sort of documentations are required?. Also he violated all the building regulations. we were asking him to get it regularised, but he is denying that. Please advice me how to proceed on this. Also do i need to engage lawyer for these purposes?
Monish Nilwant
02 November 2014 at 20:34
transfer of property act says all transfers of immovable property will be made by written docu....
but is a sale/gift/mortgage/exchange possible to be entered into oraly
what is the effect of not registering a document which requires registration manditorily....
can such document be used in court or not?
moot question is what is the importance/object of registration act 1908????
hetalsangoi
02 November 2014 at 17:12
Below point are incorporated in permanent alternate accommodation agreement are as :
Query relating to serial no are mentioned earlier para start .
fact :
building is purchased by the developer who are the also landlord .building is redeveloped under repair cess under BR and BNR category . THIS Property falls under crz .kinldy suggest the main clause to check in the agreement . we have asked for the bank guranttee clause . Landowner \developer has responded that they are not dealt with bankers . they are depend on fund from outside than bank .
1.(please suggest the change in this para, since this para imp for vacant condition to tenanat ) they shall before requiring the Tenant/Occupant to vacate the said Existing Premises give inspection to him of the sanctioned plans, and require him to vacate the Existing Premises only after receipt of IOD; they will also furnish a copy of the sanctioned building plans to the Architect appointed by the Tenants/Occupants (jointly) and the fees of the Advocate and Architect shall be paid by the Landlords/Developers directly. The Tenant / Occupant shall vacate the Existing Premises within [■] months of receipt of the IOD,
2.
)(we have asked to mention the date in this clause but he denied to do ) they will subject to force majeure hand over possession to the Tenant/Occupant his new Permanent Alternate Accommodation Premises within. 33__months from the date of obtaining Commencement Certificate, In the event the Landlords/Promoters/Developers are not in a position to offer to the members the new flats in the new buildings with Occupancy Certificate by the date of completion of the re-development project, being 33 (thirty three) months as contemplated herein, then at least 3 (Three) months prior to the expiry of the period of 33 (thirty three) months, the Developer shall inform the members the additional time required by the Developer to complete the re-development after the expiry of period of 33 (thirty three) months.
3. developer is not ready to mention beow detail i agreement . he said it is irrelevant to incorporate since we are the owner as well as the developer .
1.CONDITIONS PRECEDENT
To be fulfilled by Landlords/Promoters/Developers:
(i) The Landlords/Promoters/Developers shall submit the layout and typical floor plans, annexed hereto as Annexure ___ to the MCGM for its approval. If the MCGM requires any amendments or modification to the layout plan and/or the building plan, such modifications and amendments shall be carried out by the Landlords/Promoters/Developers after obtaining the prior written consent of the Society, and obtain from the MCGM approval/sanctions to the layout plan and the building plan (“the Sanctioned Plans”) and the IOD on the basis of ____ FSI only and submit to the Society immediately upon receipt certified copies of the Sanctioned Plans, IOD, Development Rights certificates for utilisation of TDR if any to the said Society.
(ii) Within two months from the date of issuance of the Sanctioned Plans and IOD, the Landlords/Promoters/Developers shall at its own cost and expenses satisfy and comply with the requisite terms and conditions of the IOD and shall apply to and obtain from the MCGM the commencement certificate (“the Commencement Certificate”) for the commencement of the development of the said Property.
4. for below undertaking , builder is not ready to state in agreement
. THE DEVELOPER’S UNDERTAKINGS
The Landlords/Promoters/Developers hereby agree and undertake with the Tenant/ Occupant as follows:-
(i) To carry out all work of construction and redevelopment in accordance with:-
(a) the terms and conditions of this agreement;
(b) the provisions of Mumbai Municipal Corporation Act, 1888
(c) the D C Regulations;
(d) any other law for the time being in force; and
(ii) Not to do or omit to be done any acts, deeds, matters or things which would:-
(a) constitute a breach, contravention or non compliance of the terms of this Agreement or any laws or statutory rules and regulations for the time being in force; or
(b) render the Tenant/ Occupant responsible or liable under any of the undertakings, indemnities, affidavits, writings etc. hereafter signed, filed and submitted to the MCGM, MHADA and other concerned authorities in respect of the said property and the redevelopment thereof.
(iii) To indemnify and keep indemnified and save harmless the Tenant/ Occupant and their respective heirs, executors, administrators and permitted assigns against all actions, costs, charges, expenses, damages, and losses resulting on account of any act or omission or breach or default on the part of the Landlords/Promoters/Developers while developing the said Property and of any applicable laws, rules and regulations, terms and conditions in respect of the development of the said property.
(iv) The Landlords/Promoters/Developers shall not create any lien/ mortgage on the property in any manner whatsoever.
5.
("In addition to the monthly Permanent Alternate Accommodation Premises compensation mentioned under clause 5 above " to put this addtions words , he is denied ) in below para
In addition to the monthly Permanent Alternate Accommodation Premises compensation mentioned under clause 5 above, the Landlords/Promoters/Developers shall pay Rs.1,75,000 /- (Rupees One Lac Seventy Five Thousand only) to the Residential Tenant/Occupant towards corpus fund on account of shifting and to meet enhance accommodation charges, property taxes of the permanent alternate accommodation the said amount of corpus fund shall be paid to the Tenant/Occupant simultaneously with handing over possession of the Permanent Alternate Accommodation Premises. However after obtaining the Occupation certificate and handing over the Permanent Alternate Accomodation to the Tenant/Occupant the Landlord/Developers and the Tenant/Occupant shall review the then existing expenses of BMC Assesment Tax, Electricity expense for staircase light and lift, Security Guard expenses,and sweeper charges,and in such an event if both parties decide that the existing corpus needs to be enhanced ,then the same shall be done by mutual discussion and agreement.
6.
(is below para safe gurad the tenant . if not , how risk is involved ? pl this is v im p query , pl guide as much as detail you can provide.)
i. the Tenant/Occupant will continue to pay rent to the Landlords/Promoters/Developers till the time he is allotted the Permanent Alternate Accommodation Premises; on being offered possession of the Permanent Alternate Accommodation Premises, the Tenant/Occupant will become liable to pay the applicable Municipal taxes, cess and charges payable in respect of his proportionate share of the said property,
7. is it ok?
s. he shall not apply for or accept any Transit Accommodation provided/allotted by MHADA or any such authority on the basis of this development scheme ,which shall in future create any financial or technical hurdle for the Landlord/Promoters/Developers in obtaining final NOC from MHADA,
8. (Below permission from authority is require , that we know , but our builder said that all this condition are alredy comes with in Noc , SO THERE IS NO NEED TO INCORPORATE NOW . HE ALSO SAID THAT BUILDER ARE GOING UNDER Intantive proposal ) . in this how we have to conveyance ? is any noc is left in below list ?
The Landlords/Promoters/Developers shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:
a) Development Planning Remark or Town Planning Remark: MCGM (Dev. Dept.)
b) Survey of the entire plot with regards to the area and topography of the plot, existing plot boundary and existing structures (Developer’s Architect)
c) Intimation of Disapproval (IOD): MCGM
d) Property Tax Assessment NOC: MCGM (Assessment Department)
e) Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)
f) Storm Water Drainage No Objection Certificate: MCGM
g) Sewerage No Objection Certificate: MCGM
h) Traffic Deptt. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM
i) Urban Land Ceiling NOC: Competent Authority in Collector's Office
j) Tree No Objection Certificate: MCGM (Tree Authority)
k) Non-Agricultural Permission: Collector's Office
l) Civil Aviation No Objection Certificate: Airport Authority of India
m) Pest Control No Objection Certificate: MCGM (PCO)
n) MTNL No Objection Certificate: MTNL
o) Chief Fire Officer's No Objection Certificate: Fire Department Office
p) Commencement Certificate: MCGM
q) Lift Inspection No Objection Certificate:Inspector of Lifts, PW
r) Occupation Certificate (OC):MCGM
s) .Water Connection Certificate under section 270A:MCGM
t) Drainage Completion Certificate:MCGM (Water Department)
u) Building Completion Certificate (BCC):MCGM
v) TDR Loading:MCGM
w) Building Demolition Work: Contractor appointed for demolition work
x) Soil Testing Report: The Concerned Laboratory
The Landlords/Promoters/Developers shall provide the Tenant/Occupant with all the listed certificates once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.
9. (not ready to incorporate in below agreement by builder , how is importance )
The Landlords/Promoters/Developers shall be solely responsible for the payment of all benefits to its employees, such as provident fund, bonus, retrenchment compensation, etc., applicable as per the various Statutory Regulations. Any increase due to changes in the Statutory Regulations till the completion of the Project shall be borne by the Landlords/Promoters/Developers . The Landlords/Promoters/Developers shall comply with all applicable labour regulations prevailing in the State of Maharashtra. The Landlords/Promoters/Developers shall immediately inform the Tenant/Occupant about any labour disputes that have arisen and the steps taken by the Landlords/Promoters/Developers in that connection.
(xv) The Landlords/Promoters/Developers shall be responsible for the conduct of its personnel including but not limited to the following:
i. Maintaining order and discipline on site.
ii. Compliance of the Regulations applicable on site, in particular Site Regulations, Safety and Accident Prevention Regulations.
iii. Compliance with all statutory labour laws
iv. Use of all measures available for preventing unrest and labour disputes among his personnel and ensuring immediate settlement of disputes.
v. Fulfillment of all contractual obligations by the personnel working for the Landlords/Promoters/Developers regarding their services and the exercising of skill and care.
vi. Observing and respecting special customs and practices prevailing at the location of the site.
vii. The ready availability of all permits required for its services, e.g. shift work, Sunday/Holiday and overtime work permits.
viii. The provision and maintenance at its own cost of a creche for the children of its construction labour.
(xvi) The Landlords/Promoters/Developers shall at its cost ensure that areas around the Site are maintained, kept clean, free from debris and scrap materials. Excavated earth must also be neatly stacked in locations indicated to the Landlords/Promoters/Developers by the Engineer of the Tenant/Occupant.
(xvii) The Landlords/Promoters/Developers shall provide and maintain at its own cost an adequate number of portable fire extinguishers in its Site offices, stores and areas where welding/gas cutting is to be carried out.
10 :builder is not ready to incorporate this . he reasons that we alrady bearing the rent to tenants. it is loss to us if project get delay .
In the event the Landlords/Promoters/Developers are unable to complete the project within the specified timelines, the Landlords/Promoters/Developers shall be liable to pay [__] amount as compensation for each additional day. It is clarified that this Agreement shall not be terminable at the instance of the Landlords/Promoters/Developers.
kindly suggest your expertise on above points . it will be great help to our all tenants .
Abdul Sattar
02 November 2014 at 01:08
Dear Sir,
I own a building Ground + 01 Floor in Bangalore south, LR Bande R.T Nagar Post. I have mortgage my flat for sum of 500,000 (Five Lakhs) for duration of 03years and the agreement is ending on 15Nov2014. When i have approached the tenants to vacate my flat on time and i have already dispacthed a notice regarding the same. Now the tenant is demanding an extra Rs. 20,000 (Twenty thousand) towards the expences they claim to have spend (Without receipt). This people are of loose character and have record of demanding money by breaking the contract with previous landlords. In past, rhey have levied allegation on me with police station for disconnecting water supply and sending rowdies to vacate my place almost 02 years ago. Kindly advise what is the legal process to get back my flat in legal frame and how much will it cost and the duration to vacate. Believe me, this cheaters are very stuborn and can go to any extend. I can pay the demanded money and get rid off, but they will continue doing the same with other innocent peoples and i want to give them a fitting reply within the law frame. Please help me in this cause. Much obliged & Kind regards.
navin
01 November 2014 at 20:26
PLZZZZZZ HELP!!!!!!!!
i had entered sale agreement on 3/3/2012 with X for 20 lacs(as per sr value of property) on 200 rs stamp paper for which i had confirmed to hv rcd 5 lacs payment by cash & 5lacs by chq .
on 10/3/2012(about a week after above transaction) i entered a simple mortgage (registered @ sro)with Y with the brother of x who is a moneylender for 10 lacs. for about 6 months i repayed them the intrest on time.till this dt i have not payed any intrest to them. totally i have borrowed 20 lacs from them.both of the above transactions were purely done for finance.
now this property is worth 60 lacs.
1.X has issued notice for specific performance.
2.Y HAS ISSUED NOTICE TO CLEAR THE MORTGAGE DUES. both brothers r eyeing this property for 20 lacs . please help me wat 2 do??????plzzzzz help me out.......i am having a very bad financial crunch........
Savitha
01 November 2014 at 19:19
My query is regarding whether the builder has any sort of legal right to lock my apartment without my consent / without intimating me ? He says it will be so until the day of handover and I am supposed to go and ask him for the key and he will accompany me each time I have to go see my apartment for which I have already paid 85% of the total cost and registration is already done but finishing work is still remaining. I want him to hand me a duplicate key but he isn't agreeing to that as well.
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Matter of life and death need urgent advice
1. Sir i am from chhattisgarh.my includes my father ,mother a brother sister1 sister2 and myself.
2. We had a property of 40 acres in village out of which out of which 25 acres is in my and my brothers name rest 15 acres lies in my father's name.
3.my father died in 2005 without making any will.according to law it must be divided among class 1 heirs.but even after my fathers dead the 15 acres are even now in my fathers names ,which means that legal distribution haven't took place.
4.after that in 2011 my brother died due to disease and his wife along with his two daughters live with me and also my mother lives with me.
5. So sir my question is .is there any way,"" i am repeating any way""I can get those 15 acres.because my mothers want me have it because my two sisters want their share .also my brother's widow is not sensible as she wants to sell her property without thinking about her daughters.
Please please please answer these its a very serious matter.
And if you have any doubt about the question please ask me I will clear it