Anonymous
08 February 2011 at 12:34
I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now almost ready but the registration is not yet done.
The registration has not been done but an invoice/bill has been already sent by the builder/maintenance agency.
• Can builder or the maintenance agency/company already raise the bill/invoice for electricity and maintenance before registration of the property?
• Shouldn’t such a demand be raised only after registration of the shop/property?
• Is it same for residential complexes (society flats, …)?
Thanks for the legal opinion.
Anonymous
08 February 2011 at 10:26
I want to make an application in court for appointing of executor in a Consent Term order. I am told I can make application on my own by filling a form.
Pl. advice from where I can collect the form ?
Anonymous
08 February 2011 at 10:23
Will the experts intimate names of Structural Auditors on approved panel of Bombay High Court as we are pited against a builder who has managed a manipulated report and we want our auditors to make report for our court matter. Pl. advise on priority.
Anonymous
07 February 2011 at 12:43
Dear experts
Our colony is situated in small town.There is no registration as a co-operative society of our colony but our builders has purchase land and constructed bunglows.
The road is passing through our bunglows.(The road is belongs to our colony)There is a two gate in a colony.Out of these one gate is connected with hospitals,
market,Railway station and bus stop.
Road is passing close to some bunglows and lot of nuisance is there from out sider people,vehicale passing from our society.Our children are also unsafe for this traffic.
The president and other working comitee has decide to close subsiderray gate permanentaly but some peoplle opposed this decision and they are creating obstructale because they are using this subsideary gate for their routine work(However there is also way to reach their destination from main gate but little far).Suggetion of increase monthly maintanace for additional security charge for this solution is also not acceptable for some member of colony.
so what is solution for this issue.
Request to all experts for give guideline accarding to law.
Thanks to all
Manoj
07 February 2011 at 11:39
Hello Experts, 'A' have a flat in one of Blocks in Housing Society and another independent tenament in a society some 11 km away from the said flat.
Now A and his father use the flat as a work place or office and the tenament as their residence. They come around 11am and work upto 7 pm. recently his father expired. Now A is not going to his flat for work regularly he goes only to do the patch up work and is looking for a job.
There are 12 flats/member in the Block. Every member of the Block where the flat is situated has to run the water motor to fill the water tank of the society from 6 am to 8 am in the morning and 5pm to 6pm in the evening.The turn to the above duty comes once in two months for 7 continous days.
As since last four year 'A' shifted from the said flat to tenament they could not do that i.e. run the motor as per the above mentioned schedule.
Now as a result 'A' was asked by the members to pay around Rs. 500 to 1000 per yearto any member of the Block to carry that duty as he and his family could not do that which was ultimately paid by 'A'
Since last year they told 'A' to come and do that or pay Rs. 1500 per year to carry out such work. So A opted to stay at his flat for a week and used to do the above mentioned work, he is doing it since last one year.
Now as A's father expired two months ago and as has family commitments 'A' is not visiting the flat regularly and is staying at the tenament 11km away from this flat with his family.
As 'A' cannot do ie. run the motor, he refused and requested the Block members that he cannot now come and stay here and do that as he now has more family commitments. Consequently somebody in the block has closed the water supply to A's house. They shutt off the cock which is on the terrace of the Block that is connected to a pipe to his house and allows the water supply. Now 'A' does not know who has done it as he visits the flat only 3 to 4 days in a week only to do some work.
'A' is paying regularly administration and maintenance charges to the BR(Block representative)which is around Rs. 2000 per year. The Society is a 22 year old Society there is no association. It is managed only by the BR in each block. A' pays the maintenances to the BR for which the BR doesnt even issue a receipt, only maintains a record in a Note Book.
Now what is the legal remedy available with 'A' against those whose shut down water supply of his flat. Can he file a police complaint but agaiinst whom can it be filed. what are the other remedies
available.
Kindly please guide what to do in this case
Anonymous
07 February 2011 at 10:10
I am buying a property in ghaziabad. However as per Khasara no. it comes under noida authority. The seller has taken Homeloan from axis bank and there is some loan outstanding. I had applied for my PF withdrawl and PF trust requires Non - encumberance Certificate. My Question is
1. Do i need to take this Non EC or the seller will take and give it to me.
2.Can he get the same as his loan is still outstanding ?
3.Will this NOn EC has to be taken from Noida or Ghaziabad ??
Anonymous
05 February 2011 at 18:48
Brief- Fraudulent Sale of Plots by Todi’s
We are tenants and residing in the buildings constructed by 1) Todi Industries P. Ltd on Plot No. 69 and Bhagwandas Todi Charitable Trust- A Public Trust registered with Charity Commissioner, on Plot No. 84. Both the plots measuring 800 Sq. Yards are in JB Nagar, Andheri Kurla Road, Andheri-E, Mumbai in Rajasthan Coop. Housing Society and were leased out to above parties in accordance with the bye laws. Both the owners never bothered to look after proper maintenance of the buildings thereby making them dilapidated.
These properties were sold illegally by the owners with out making any reference to tenants who were in negotiations with the owners for converting the tenancies in to ownership since 1998 when they first published the advertisement in the Times of India about their intentions. When they did not get any buyers we approached them but the deal could not be materialized.
We had offered between Rs.275/- to Rs.300/- to the trustees in the year 2000 but they were not agreeing to the proposal.
Thereafter we suddenly got to know in 2007 that the properties are sold.
The two builders a) Aakash Shrishthi Constructions ( Plot No. 69) & AJ Construction (Plot No. 84) to whom these plots were assigned by way of Deed of Assignments (Registered with Sub Registrar’s Office in Bandra in the year 2005 and 2006 respectively) came in to picture in late 2007 and started threatening and pressurizing the tenants to leave the premises as neither they will repair the buildings nor allow the tenants to undertake repairs and then collect the amount as per law from the rents payable.
Due to this tenants formed an Association known as Todi Buildings Welfare Association to defend themselves against the criminal and illegal acts of the builders and registered it with the Charity Commissioner, Mumbai in 2008.
When all efforts of the association failed to get permission from BMC for carrying out structural repairs to the buildings jointly by tenants a Writ Petition No. 2028 of 2008 was filed by Todi Buildings Welfare Association and when BMC still did not act on court order we were compelled to file a Contempt Petition No.113 of 2009 in High Court. But as is usual in this country courts have become just money collection set up without quick justice mechanism thereby leaving exploited high and dry. The contempt petition is pending before HC and may take years to decide and which will not help tenants in any way.
However in early 2011, we have come to know that the original lease holders have assigned the plots measuring 800 sq.yds. at the price of peanuts @ Rs.7.5Lacs and Rs.19.02Lacs respectively way below the price offered by the tenants in the year 2000 and which could have been matched with the offers of the builders in 2005 had the owners given the tenants an opportunity?
We therefore feel cheated and deprived by the illegal and fraudulent sale of the properties by the original lease holders and wish to challenge the deeds of assignments. We sincerely seek help from the proactive advocates genuinely committed to the social cause of justice. Pl. help and guide us with your expert views.
arvind
05 February 2011 at 17:50
Sec. 3G of The National Highway Act provides for 'Determination of amount payable as compensation' to the persons whose land is acquired. Sub-section 5 provides that if amount determined is not acceptable by any party, then it will be determined (re-determined) by the Arbitrator appt. by CG. Invariably CG appoints DC or ADC of the District where the land is acquired.
Coming to the our case, there were around 20 farmers whose land was acquired, however only 6 farmers of the village made an application and argued that the compensation is not adequate as Market Value of the Land was more than compensation awarded. NHAI contested the case. Finally, DC decided the Applications and enhanced the Compensation by Rs. 5 lac per acre. DC held that considering all arguments and sale deeds presented by Farmers and NHAI, it is decided that Market value of Land of the village was 37 lac and not 32 lac as decided by Land Acquisition Commissioner (LAC). Hence, all 6 farmers w'd be given enhanced compn.
Now, the farmers who didnot file application u/s 3G(5) feel that they missed the opportunity. I read the NH Act and also Order of the DC and found that role of the DC u/s 3G(5) is just to re-determine the Market Value and he did the same thing. Now, when the Market Value is re-determined by DC for WHOLE VILLAGE and not for those 6 farmers, all the farmers whose land has been acquired sh'd be given increased compn. by the NHAI, becos earlier Market Value determined by LAC has been replaced by the Market Value re-determined by DC.
C'd anybody suggest, who handled this type of cases, where to reach for giving the enhanced compn to missed farmers. Even a good Fees can be considered for good solution
Ria
05 February 2011 at 17:09
Respected experts,
What is the time limit within which an administrator appointed for co-operative housing society in Maharashtra, should file the M-20 bond ?
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Cancellation of sale deed
Dear Sir
I need your opnion in this case
Case is as follows
My grandfather had a brother who died in 1965 ,after that his wife had filed suit for property demading 1/2 share in total property .but the court ordered 1/3 share ,the order wwas given in 1986 .After that my grandfather again applead in pune court ,which was rejeccted .
After that there was out of court settlement between my grandfather and opposite party ,wherein a non registered agreeemnt(1987) was signed stating the amount and untesnils to give her and orall agreement for few selected lands ,pls note that land number was not inclued in agreeemnt ..
Till 2008 all the property was in my grandfather's name
now after 25 yrs a third person cheated grandmother(opposite party) ,,he first the got teh agreement of sale prepared his namein december 2007 ,,and the inentionally prepared power attoreny in his father's name
pls note that when the sale aggreement and power of attroney was prepared the land was not in her name ..
after this third person using fraudlent method and docs like agreement of 1987 and cout oderds ,got my granomther's name on the land ,he ensured that we not ening informed of this
thus first prepared the sale of agreement and power of attorney and then got the lands in her name
now in sept 02 2009 my grandmother had an accidnt she was hospitlaised from sept 02 2009 till 10/09/09 and died on 13/09/09 ,in between the third perosn using the power of attonery enetered in his father nanme ..ecxcuted the sale deed ..pls assist how can i cancell the sale deed what woud be best steps to win this case
Imp pts
Land was not in vendee name when the sale of aggreement and power of attronery was perpared
What is value of such docs in cout .
any 1 can help me pls call 9773373450