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Rajesh   14 March 2011 at 23:03

Commercial Charges

Pl. help

We have a flat in one of the cooperative societies in Mumbai, we are paying commercial charges, per month, to society.
Can anybody help with the meaning, coverage and implication of commercial charges as levied by society as per Housing Society Act.

With this payment acceptance can flat in the said society be considered as deemed commercial flat than residential flat?


With the reference of commercial charges amount paid for over 10 years can NOC be received from society management to officially convert it to commercial flat?
regards,

Anonymous   14 March 2011 at 19:34

Redevelopment of chawl

hi ,

I live in a chawl in mumbai suburbs admeasuring ( 160 sq feet) , My chawl is going for redevelopment and I want to know what is the minimum area I can get under the redevelopment.

Also pls if anyone can porvide an official gazzette of supporting for his /her answer , it will be highly appreciated

Thanks

Robby

shailendra   14 March 2011 at 13:26

Gift-deed

My mother has gifted me a self acquired property flat situated at Mulund ,Mumbai . We have registered the gift-deed on August 2010. Also we have submitted all relevant documents ie. Gift-deed , resignation of present member, Transfer forms etc. to the society Secretary . The secretary is demanding Rs. 25000 as a Transfer premium & Rs 25000 donation to complete the transfer request.
We have brought to their notice that ,the transfer is between mother & son and as per Bye laws Transfer premium & Donation is not payable ,The same we have conveyed thru a Reminder- I letter to the society .They have acknowledged with a remark “will discuss this issue in comitte meeting”
After waiting for 3 months they verbally told us that “ There is no Transfer premium required to pay ,but only Donation Rs. 25000 needed.” We finally sent a letter to the society that , it is already 3 months period is over and there is no action or reason given from your end about our Transfer. As per Bye law I am a deemed member of society. The secretary acknowledged with remark “the issue will be discussed in Sp-AGM “. The sp. AGM held in the month of March 2011 ,where they have decided to complete the Transfer of another member’s Gift deed ( within family member) who has already paid Transfer premium & Donation Rs 25k + 25k to the society , And keeping Hold on our Transfer.
It is almost 8 months passed on our Transfer proposal now . We are now in the process of issuing a Dy. Registrar notice to the society.
In the whole process my mother Aged 79 yrs & my family is being harassed mentally due to corrupt practices followed by the secretary and other committee members they are misleading us.
Sir, my question to you is ,
1) Society is taking emotional advantage of my aged mother ,as not allowing me to talk or Handle the case on behalf of my mother , as per them I am not a member.
We have also submitted the Associate Member form to the society , but still they are misleading us by keeping on Hold.
What further action can I take ?

2) I want to teach a permanent lesson to Sec. & chairman in terms of Penalty from their pocket.
As a consumer what can I do further?

3) What steps you suggest me to take in future also to deal with such rigid & arrogant Secretary / chairman.

Thanks & Regards

shailendra patole

Anonymous   13 March 2011 at 23:48

Please Help..Its urgent & important!!!!

I am a resident of West Bengal. My father has 2 brothers and 2 sisters (total 5 including my father). My grand father owned a property which was supposed to be distributed among the 3 brothers (my father and 2 uncles) and their 2 sisters. But my 2 uncles forced my grandfather to register the whole property in their names ignoring my father and his 2 sisters. It all happened around 18 years ago. Now my grand father is dead and my 2 uncles started to harass us to leave the place. So, my father challenged the deed and requested an injunction on the property which was granted. All was going well and in our favor in the courtroom but recently my uncles hired a fake witness and he testified in front of the Judge that the property was inherited to my uncles by my grand father in presence of him (the fake witness).After this incident my family is very disturbed mentally.Please help. My question is: what could be the effect of that fake witness??? Is there any way to delay the hearing process??? I wanna harass my rivals without going against the law and without taking the help of falsehood. Please please and please help.

Anonymous   13 March 2011 at 21:55

Rental agreement establishes tenancy? Or, rent payment.

Rental agreement for 9 months has been executed
before witnesses and is notarised but not registered.
Tenant want to back out of agreement. Rent not paid.
Has a landlord-tenant relationship been established?
Is Rental Agreement document admissible as evidence?
Thanks.

Anonymous   13 March 2011 at 21:53

Rental agreement establishes tenancy? Or, rent payment.

Rental agreement for 9 months has been executed
before witnesses and is notarised but not registered.
Tenant want to back out of agreement. Rent not paid.
Has a landlord-tenant relationship been established?
Is Rental Agreement document admissible as evidence?
Thanks.

sampath kumar   13 March 2011 at 21:09

regarding nominee

1.concept of beneficiary nominee & collector nominee, if nothing mentioned in the insurance policy then what is the position of the nominee in the LIC policy by default.

2. is other legal heirs entitled for the policy amount from the legal heir who is nominated in the policy after death of the policy holder.

vinayakzende   12 March 2011 at 20:48

full form

Sir,
Please tell me full form of the R T S appeal

Parthasarathi   12 March 2011 at 15:50

CEILING ON LAND

Sir/Madam,

My grandfather bought an agri land(rural) of 10 acres from his own money from a landlord(he had land excess of ceiling limit) in 1956s.
My grandfather made partition and gave it to my father in 1971.
My grandfather and father are no more now.
But recently, i have gotten 2 notices from Land Reform Department of Tamil Nadu.
I came to know that my grandfather bought this ceiling land just before the ceiling act on rural land.

Now my question is:-
1. Shall the government take over this land or not now?
2. If take over will be done, what is remedy for me?

Kindly reply me!

Parthasarathi   12 March 2011 at 15:45

IS ANCESTRAL OR SELF-ACQUIRED OR PARTIAL

Sir/Madam,

I am my father's first wife's son.
We are 4 members now in our family = stepmother + 2 sons of first wife + 1 stepmother's son

My father got 4.86 acres of partitioned land from my grandfather(it is self acquired property of my grandfather) in 1971.
My father sold this property in 1971 to buy new land in another village after his marriage in 1973.
He also quoted in above sale deed as "Money gained from sale of this property is used to buy a land in another village".
Sale deed value of this property is Rs.22,800

After that,
He bought 23.5 acres of a new land in another village in 2 deeds of each holding 11.75 acres in same year 1973.
Each deed of new land's 2 deeds say "1/2 equal share in all in common for whole 23.5 acres".
(i.e) 2 owner's shares of new land are in inextricable manner.
1st new land deed value is Rs.24,000
2nd new land deed value is Rs.24,000
------------------------------------
So new land Total value is Rs.48,000

So money spent to use for new land as follows:-

Sold property (4.86 acres) value = Rs.22,800 (partitioned land from my grandfather)
Gold ornaments value of stepmother = Rs. 7,200
Credit admitted by seller = Rs.18,000
---------
New land (23.5 acres) value Rs.48,000

My father sold 5 acres Out of 23.5 acres to repay of credit amount Rs.18,000 in 1975.
He made 4 separate registered Wills for new land in 2008 and he passed away by nature in 2010.
1st Will for stepmother holding 8.75 acres.
2nd Will for first son of first wife holding 3.34 acres.
3rd Will for second son of first wife holding 3.33 acres.
4th Will for son of stepmother holding 3.33 acres.

In this circumstances, My younger brother (first wife's son) has filed a suit in sub court in 2010 end.
He says in his affidavit as:-
New land is an ancestral property,
My father died intestate,
Will is fraud and my father was illegal to write Will for ancestral property,
When Will was written, my father was not in good mental condition.
So new land should be partitioned in 3 shares for 3 sons.
Don't ask any remedy for stepmother.

Now my question is:-
1. Is the new land an acestral property in whole or in partial (considering new land's 2 deed values and extra money used to buy new land)?
2. Is my father illegal to Will this for whole property?
3. If my father was illegal to Will so, what will be the remedy for my stepmother?
4. What will be the sub court's judgement?

Kindly reply me!