ramani
27 February 2010 at 10:34
My father is a memeber of a plot purcahe type society of 19 members owning small medium and large flats.
This one of the (maybe only) societies that apportions repairs and maintenence expenses on all common areas like compund, terrace,landings .passages,pump room,compound wall etc on equal sharing basis .In almost all societies the sharing is on area basis except the common service charges.
The society is going for redevelopment wherin now one smaller flat holder is asking for equal sharing in additional FSI benefits by way of his having contributed to the expenses equally and also the fact that even in future he will have to share the burden for expenses in same way for maybe double the number of flats that may come up for the rest of the life of building.
Is his contenetion right. The byelaws and MCS Act 1960 are silent on same.
Whilst the Dy Registrar in 1990 gave an opinion on the request of larger falt owners that the expenses are to be shared, now he states that the smaller flat owner has to approach appropriate forum.
an anyone advice or is there any judgements?
Please advice
nishad
26 February 2010 at 20:47
Hi All,
Can a leasehold rights be equitably mortgaged? A leasehold given for a period of 30 yrs to a trust and the trust needs to avail a loan from the bank.
Please advise how has to create EM in favour of the bank?
1.The original owner
2.The leasee since the period of lease os for 30 years
3.The original owner and Leasee jointly since both have interest in the property
Please advise
P. Venu
04 February 2010 at 13:06
Can a royalty (or any tax or fee) be imposed, for the first time, without the authority of law or a notification not having the force of law (i.e. through a mere executive decision)? If not, continued payment of the levy for more than three decades would be held out as an estoppel or limitation for seeking relief from the Court?
L. Sathish
29 January 2010 at 19:28
Helo Friends
i am advocate from Pondy
i would like to know
a. how much is a standard acre under Tamil Nadu land reforms and fixation of ceiling act (for both dry lands and wet lands)
b. can a society registered under Societies Registration Act, claim any exemption from land ceiling.
c. if not are they entitled to apply for permission for holding excess lands.
friends please clarify on this subject.
sathish
ramesh
24 January 2010 at 00:19
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court.
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We stay at thane in a 277 square feet Building (pagody system a two floor appt) which belongs to my grandfather (as per municipality record)
My grand father has three sons
A, B, C
C is my father; we stay there since past thirty years .my other two uncles (A&B) stays separately since last thirty years
We are paying rent (we get receipt on out grand father’s name) since last thirty years,
My grandfather died in 2001 & since we had not changed any record in municipality.
Apparently our family stays there since a very long period & we are the real owner of the property
The said property has been demolished by all tenants because it was declared as dangerous by municipality.
Now we all tenants are trying to develop a new apartment & now my questions is
1)My older uncle is demanding something from the property can he do so ?What we can do to prevent him interfering in our property?
2) can we legally put our( My fathers) name in municipality records as against our grand father considering our very long stay in the Building? It means they had given up their claim by passing of three decades & now how can they demand now?
Please suggest