rajesh makol
11 March 2011 at 14:15
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion . On my interference, he told me that Mr. Charanjit Singh has sold the above portion to him and showed a photocopy in which Raj Rani (original allottee) had sold the flat 123C to Charanjit Singh. He further threatened me that my property papers are not genuine. By the time I got my property papers thoroughly checked, Mr. Avtar Singh took the possession of the extended portion. When asked he said he has taken the flat on rent from Mr. Mathur & was not willing to disclose the whereabouts of Mr. Mathur. Mr. Mathur never turned up or picked my phone. In June 2010, the tenant vacated the premises & I got electricity connection disconnected as it was in my ownership rights. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area).
I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. He showed me a manipulated photocopy of property papers. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. NDPL court (CGRF) has provided me all the documents submitted by Sudha Sachdeva with NDPL and asked to file a criminal case against Sudha Sachdeva. At the moment, Sudha Sachdeva has illegal possession of my flat’s rooftop extended structure.
I have made a police complaint regarding the same also but police made routine enquiry and said it is a civil matter.
I have been advised to file a civil suit for cancellation of documents of 123-D and possession of the extended portion. The legal expert says that I have to pay court fee for cancellation of documents as well as for claiming possession of the property. Further he is advising me that after three four hearings the court will send the matter for mediation and I should pay a few lac rupees to Sudha Sachdeva and get the things settled otherwise the case might continue for a very long time. I feel the culprits involved should pay Sudha Sachdeva not me and even if I have to pay that should be some nominal amount. What shall I do? Is my case not strong? Shall I wait or amicably settle? Will the court punish all the culprits involved i.e. Sushil Arora, Rita Kumari, Sudha SAchdeva etc. Please Advise.
Hemang
10 March 2011 at 19:10
Our land at Prantij was acquired for Gujarat Housing Board (here after 'GHB') for more than 10 Years yet it has been not used by GHB. How we can proceed to make it release from said reservation of GHB? And it was put in Agriculture Zone? Now suppose we apply for NA (Non Agriculture) than how much (in percentage) construction we can do in entire area in land belongs to Agriculture Zone? How to proceed for to Convert Agriculture Zone to Residential & Commercial Zone? How to apply for an NA of the said land? What is construction limit for Residential zone in Non Agriculture land?
deepak
10 March 2011 at 12:40
Please guide me regarding the following matter My grandfather has got some land from government before 54 years back. That time he has appointed (1971 approx date) one outsider labor work & paid money to his labour . & we have enough proof of this labor agreement ( Majuree Pautee ) now the stated land is accrued that fellow & register related documents in his name under KUL KAYADA & 1975 our name is there & after 1976 our name is removed will take over the land, last 30 year we fight with him & we fill the case in 1980 but some family (during that time my father was sentenced in prison related murder case.) problem we not continues & my father continues case again in 1990 but till date we not stratify.
Best Regards,
Deepak Deshmukh
rohit baldota
09 March 2011 at 21:26
respected sir,
agreement to sale,
w.s. Given by vendor that agreement not agree because of sign taken on blank stamp what is the solution on this? Please email me
sanjay gopalakrishnan
09 March 2011 at 20:10
Dear Experts..
I need some help on maintainance charges applicable for flat purchased from builder.
We recieved posession letter in Nov 2009. Thus expected the builder would apply maintainance charges from Nov 2009 onwards. However the builder has applied maintainance charges on us from June 2009, since they recieved OC (occupation certificate) since June 2009.
Can you please advice, from when the builder can charge maintainance charges? I believe its only fair to apply charges from posession date onwards.
Also is service tax payable on the maintainance charges to builder?
Thanks..
Anonymous
09 March 2011 at 13:29
Hi,
I have a property which was first owned by my grandfather. Later when my father and his brother files a case to distribute this property and court divided the property equally between the two. After which my father passed away.
Now my mother also passed away 2 months back and I want to sell out this property but my father/mother not made any "WILL" to distribute the property.
I have 1 brother and 5 sisters, what is the exact procedure to sell out this property.
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