HARSHAD KHONA
07 February 2018 at 12:31
Our society was formed with 30 flats and share certificates were issued accordingly. Now he says after 3.5 years of construction that he has committed an error and says that there are only 24 flats. He says this as he could sell top 6 floors to individuals and says this are only one flat each. His this view is due to saving maintenance expenses and insist that maintenance expenses should be distributed flatwise.
We need advise that can he reduce the number of flats in this manner to reduce maintenance bill for top six floors.
Pl help.
HARSHAD KHONA
07 February 2018 at 12:22
Our society is formed by the builder after the delay of 2.5 years.
Ours is redeveloped building and building was completed in May 2014.Earlier it was rented building.
All old tenants were accommodated and rest were sold.He has not given conveyance so far to the society. The agreement with old and new tenants is differently worded. Now he wants to retain rights of terrace and underground parking with himself. He wants all the owner to agree to this before giving conveyance.
Kindly advise what is way out.
Swathi
07 February 2018 at 07:30
Respected sir/mam I bought a property in 1998, i didnt get patta from the owner at that time...now i decided to sell my property...at that time only i came to know that my land is under ceiling....i have only 1204 sq ft...when i approached vao he asked me to go to ULT office...in ult office they asked me to submit an application for innocent buyer with EC , sale deed and address proof...i submited all they have asked ,then they told i will be called for verification statement....after all this i will get my land back?how many months will it take to get clearance... will govt take my land?...
Swathi
05 February 2018 at 23:59
Respected sir/mam
I bought a property in 1998, i didnt got patta from the owner at that time...now i decided to sell my property...at that time only i came to know that my land is under ceiling....i have only 1204 sq ft...when i approached vao he asked me to go to ULT office...in ult office they asked me to submit an application for innocent buyer with EC , sale deed and address proof...i submited all they have asked ,then they told i will be called for verification statement....after all this i will get my land back?how many months will it take to get clearance... will govt take my land?...
SDB
05 February 2018 at 12:46
Dear members,
This is in case of a mumbai housing society, which has misplaced its occupation certificate.
Would appreciate if some one can elaborate the procedure to avail a duplicate OC from relevant BMC department.
Regards
Anonymous
03 February 2018 at 10:34
Information: As per initial survey revenue record(1958),survey no:353/1 is of 4 acres owned by 3 members . survey no: 353/2 is of 8 Acres owned by 6 members (1.Mr.Ram, 2. Mr.B, 3.Mr.Dasaradh, 4.Mr.D, 5.Mr.E, 6.Mr.F) but each person share is not mentioned in that record. then, Re-survey done in 1967. In between 1958 to 1967 there is no survey record. As per Re-survey record(1967),survey no:353/1 is sub divided into 4 sub divisons of 1acre each (353/1,353/2,353/3,353/4) survey no:353/2 is sub divided into 8 sub divisons of 1acre each (353/5,353/6,353/7,353/8,353/9,353/10,353/11,353/12). it is clearly mentioned that S.No 353/10 is owned by Mr.Putra son of Mr. Lakshman in re-survey revenue record(1967). Case: Mr.Dasaradh has two sons Mr.Ram and Mr.Lakshman. Mr.Ram has 3 sons, namely Mr.ramesh, Mr.suresh, Mr. Naresh. Mr.Lakshman has 1 son ,namely Mr.Putra. In 1974, Mr.Ravana bought 1 acre of land from Mr.ramesh son of Mr.Ram. in that sale deed it is mentioned that out of 8 acres in s.no 353/2, 1 acre of land sold by Mr.ramesh son of Mr.Ram to Mr.Ravana. there is no specific detail about the 1 acre survey number in that sale deed. S.no: 353/10 is mutated into the name of Mr.Putra's wife and it is in the enjoyment of her. due to old age of Mr.putra's wife , she left the village and staying with her children in city. by taking this advantage Mr.Ravana son is trying to occupy the land of Mr.Putra's wife by showing the sale deed mentioned above. now, Mr.putra's wife went to the court , and got the interim injuction order against Mr.Ravana's son. Mr.Ravana's son submitted sale deed in the court and claiming S.No 353/10 because of no clarity about 1 acre land survey number purchased by Mr.Ravana. For 353/2 There are 6 members. In that 6 Members Mr. RAM and Mr. Dasaradh are Elder son and father. Other 4 Members are different persons. After re-survey 353/2 sub divided as 353/5 to 353/12. In 353/5 to 353/12 Elder son Share is Not mentioned. But Elder son Mr. Ram's Elder son Mr. Ramesh sold 1 acre to Mr. Ravana. Whereas younger son Mr. Lakshman's son Mr. Putra Share is mentioned as 353/10 In re-survey Record. Will Ravana's son get succeded in this case?
Sumit Kumar
02 February 2018 at 23:33
Dear Experts,
I urgently need advice on the law for sale and purchase of the land (under Panchayat). I belong to Scheduled Caste category and I am planning to buy an land from general Category owner in Bhubaneswar Orissa. Now if in near future (may be in the span of 10 years) I want to sell the land to General category person, Can I do that? What all options will I have when selling the same to General Category person?
Your advice will be highly appreciated.
Thanks & regards,
Sumit
DCB
01 February 2018 at 21:59
We are the land owner. We made an agreement(50% promoter, 50% land owner)with promoter to develop the land into a G+3 apartment building. In the agreement, there was no mention about any Guard room. But in KMC sanction plan, there is a Guard room. After the building construction is done, and all the flats are sold, promoter is asking his 50% share on the guard room. He did not pay our due money which was promised in the agreement. He said he will sell the guard room and pay our money. All his demand he has given us as a reply in a written version, when we sent him a legal notice.
My question is- Can guard room be sold anyway? If promoter has sold all his share in the building, does he has any right in the guard room ?
The guard room is now under our lock and key.
Anonymous
01 February 2018 at 18:22
A co-operative society has been formed for an small apartment complex which had a corresponding registered Apartment Condominium registered. I as a builder declared and registered the apartment complex unable to understand why the society was registered without my consent or even intimation.
Can someone help what are my options as a builder?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Incorrect name in sellers katha
Dear Sir,
Below is my query,
Buyer: Sri Santhosh
Seller: Smt JALAJAKSHI
In the Seller property documents below is the information,
Name as per SALEDEED : Smt JALAJAKSHI
Name as per Encumbrance Certificate [EC] : Smt JALAJAKSHI
Name as per KATHA : Smt JALJAKSHI
Notice the 4th letter "A" missing in the name present in the KATHA as it is printed wrongly as "Smt JALJAKSHI" instead of "Smt JALAJAKSHI"
Now coming to the buyer side the registration is already done and the SALEDEED is available, so with this the owenrship of the land is with Sri Santhosh.
In the Buyer property documents below is the information,
The name pertaining to buyer is all correct but there seems to be some problem in the backside of page No.2 as the information gets downloaded from the sellers Katha.
As the name printed in the sellers katha is "Smt JALJAKSHI" instead of "Smt JALAJAKSHI" which is the 4th letter "A" missing the same gets downloaded to buyers saledeed
as well as in the EC.
So now in the Buyers Saledeed after the registration below is the information,
Backside of Page No.2 sellers name : "Smt JALJAKSHI"
Encumbrance Certificate [EC] Seller Name : "Smt JALJAKSHI"
Now we can see the mismatch in the name "Smt JALAJAKSHI" v/s "Smt JALJAKSHI" in the buyers SALEDEED and also in EC as normally the EC will be taken for 12-15 years.
Could you please help to answer my below questions?
1\ How to resolve this problem in saledeed considering i will be going for resale after 2 years , since the buyer of my property will be able to see this mismatch.
2\ How to update the sellers name correctly in EC from "Smt JALJAKSHI" to "Smt JALAJAKSHI" as this will gets traced easily if the EC is compared for last 12 -15 years.
3\ Is it possible to update the name correctly in KATHA of seller as the problem started with KATHA and ita reference point.
Please note that i am yet to apply for Katha transfer.
Thanks in advance