sidheshwar ingavale
18 January 2018 at 15:15
we have 168 gunta agriculture land on the name of X and Y ,84 gunta each. Internal boundry of land for persons X and Y are not decided/fixed still, person Y selled 60 gunta land to some other person mentioning boundry of selled land is it legal? can person Y sell his land without permission of person X.
Madhavi Kanekar
15 January 2018 at 18:56
Hello,
Are flat holders in an Apartment governed under Maharashtra Ownership flats Act,1971 bound to pay NON occupancy charges if they rent Thier flats?
Firstly the by laws adopted in the first year does not mention that and second year onwards 25% NON occupancy charges are applied to owners of the flat who have rented .
Are 25% NOC charges legal even if the flats are not governed by CHS?
Vijay
15 January 2018 at 16:42
I am a nongujarati serving in defence in gujarat.
I have a small piece of agricultural land in Uttar Pradesh
I wish to buy 10 acres of agricultural land in gujarat for farming. As i want to settle down in gujarat after retirement.
I heard non gujarati and non farmers can not buy agricultural land in gujarat.
Please help how can i buy agricultural land in gujarat.
Thanks
pradipjr
15 January 2018 at 11:35
I purchased flat on resell in co operative housing society, at surat. this society have demand share certificate transfer fee 25000 and pay the monthly maintenance as per rent basis, and said me you are not able to participate in our wing society and decision making policy.
First time builder taken 25000 amount per flat , our old owner paid it, right now our society inform me your are not owner this amount . per flat share allocated 3 of Rs.250/ you give me information share certificate transfer fee is necessary and pay maintenance as per rent basis
Anonymous
15 January 2018 at 09:52
Sir/Madam,
My mother has got a registered will dividing equal share to me and to my elder brother. My mother and myself along with my family is staying in the property in question, and my elder brother is having his own now house but is now planning to buy a bigger house. He wants me to give his half share and get the property transfer to my own name from mother.
Please guide my what all documents shall we need to be registered and how get the property transfer in my name? Do I need to pay the stamp duty while getting house deed transfer in my name? The property is a freehold DDA MIG flat registered in New Delhi. Also guide me where will be the will stands now as mother is transferring the property to me. Do we need to get the will canceled or it may automatically get nullified on the event of transfer of the property?
Thanking you.
Sincerely
Hemant
Anonymous
13 January 2018 at 15:43
Inherit property of father....who died 28 years before...no documents are shown to us.even after so many years.... we were needed for just money and nothing else.....mumbai cooperative soc law......
Suresh K.Khaitan
11 January 2018 at 17:08
I bought one property from NEDFI in bank auction under SARFAESI Act. SARFAESI rules mandatory provides for the issue of Sale certificate in the form prescribed at Appendix V of Security Enforcement Rules, 2002. ( AO has no authority under the rules to modify the prescribed form of sale certificate).
1. After the full payments having been made, AO has now issued one sale certificate after deleting the words "and handed over the delivery of the possession of the scheduled property" and sent the same to me per Registered post.
He has not mentioned the words " delivery of possession" in the sale certificate despite the fact that he had taken over the possession of the property by publishing a public notice in the newspapers as provided under section 13(4) of SARFAESI Act r/w rule 8.
2. He has also modified the relevant sentence in the Sale certificate as below-
"The sale of the scheduled
property was made free from all encumbrances as known to the secured creditor except as stated in the Auction Notice dated 05-09-2017
published in 'The Assam Tribune [English]' and 'Dainik Asom
[Assamese]' "
3. AO, though has signed the sale certificate, has not mentioned his name in the Sale certificate
When I pointed out these defects and requested for correction and for the issue of sale certificate in the prescribed statutory form , AO flatly refused to make any corrections in the Sale certificate.
As a matter of fact, AO had not done his homework at all and has negligently conducted the entire auction process in so far as
A. In the auction notice, he had vaguely mentioned under the caption " Details of encumbrances over the property as known to the corporation" as below-
"Occupied by 50 numbers of tenants from last 38 years."
This obviously means that the entire property is under the occupation of 50 tenants whereas the fact remains that a few tenants ( may not be 50 in number) are occupying about 50% of the property.
Moreover, tenancy is not an encumbrance. Had tenancy been an encumbrance, Non-Encumbrance certificates would have made a mention thereof.
If this be the case, none shall build a property to let out the others and thereby encumber his own property with others.
Despite this position, If at all AO (erroneously) considers tenancy as an encumbrance, he was duty-bound under SARFAESI Act/Rules to first clear the encumbrance and then to sell the property under auction that he didn't do.
B. At the time the property was mortgaged with NEDFI, part of the property mortgaged and subsequently sold in the auction by NEDFI was previously sold by the borrower prior to the date of mortgage which AO failed to ascertain.
3. There appears to be some malafide on the part of AO as he wanted to sell the property to the tenants at a throw away price which he couldn't as I offered a price of 96.25 Lac as against reserve price of 55.25 Lac ( obviously to make some wrongful gains under some understanding with the tenants by benefitting them) and that is why now he wants to issue one faulty/defective/unacceptable sale certificate to me in violation of SARFAESI Act.
Now, AO is creating all possible hurdles. He wants to keep the possession of the property sold under auction with himself/NEDFI without passing on the same to me, though I have bought the property and have paid the full consideration therefore.
My problem is that if I accept the sale certificate as it is, I will not get delivery of the possession of the property bought by me. Unless the sale of an immovable property is coupled with the delivery of possession, the sale shall not be complete and that, as per Assam Land and Revenue Regulation, my name will not be mutated/ recorded in the records of rights.
Please refer the following link on Government of Assam website in which Para 21 under Mutation of land is relevant which says that for Mutation under Assam Land and Revenue Regulations, 1886, both title and possession are mandatory.
Without possession, the land shall not be mutated in the name of the buyer -
https://landrevenue.assam.gov.in/portlet-innerpage/faqs-on-mutation-%E0%A6%A8%E0%A6%BE%E0%A6%AE%E0%A6%9C%E0%A6%BE%E0%A7%B0%E0%A7%80-for-land
One more problem is there. Sale Certificate can't be registered with the Registrar after four months from the date of issue thereof.
I am in a fix as to within the period of three months now left over, how do I get the sale certificate corrected and How do I fix the AO for his apparently malafide acts.
Ashish
10 January 2018 at 12:26
Hi,
My wife's grand mother (Nani)bought a house in Mumbai. As a care taker we moved in same premise as her. Nani has paid 2 years of Club House fee to builder. Since she is 80 years old and can not use Club House, we applied as dependent member to join club house. Club House denied our request stating that we stay on rent and not in the same house with dependent.
Wanted help in this regard of how can we join club house and save lakhs of Rupees we paid for 2 year.
Thanks,
Ashish
9619911713
Suja nair
09 January 2018 at 20:05
Dear all , I am a banker posted in navi Mumbai area . While doing equitable mortgage we have to visit to Thane branch as navi Mumbai is not a notified centre . However, one of our auditors pointed out that since past couple of years all the bank branches are notified centres . Is this information true and is there any document pertaining to the same . Kindly advise .
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