SAA_Bombay
30 January 2017 at 10:29
Our building has been redeveloped in 2007. Our Post redevelopment a new committee was elected by majority of members of society. (says 23 out of 30 elected this MC). This new committee filed a case against developers for some wrong doing which is very expressly mentioned in redevelopment agreement. Currently we are under arbitration. In arbitration when we asked for our grievances, developer said that our committee is not form properly & hence we do not have rights to asked anything on his wrong doing.
We want to know that suppose we say that our committee was not formed properly means we did not submitted the resolution to authorities that time, but this is fact that majority of members have elected us which was duly minitised in minutes book of society. Does this mean that if our committee is not form properly developer has rights to do wrong & no one has rights to ask him a question?
GUNASHAKER L
19 January 2017 at 15:58
Our apartment is submitted and registered under the Karnataka Apartment Ownership Act 1972. The maintenance distribution stated in the bye laws as well as the act is based on undivided share. Can this be superseded using a majority strength to benefit a few.
In case it is superseded to benefit a majority strength what are the options for getting a fair judgement to follow as stated in the act and the bye laws.
Please advise.
Rahul
04 January 2017 at 11:39
Dear sir,
I am NRI. I have drafted POA for property purchase. Request your approval whether it is correct.
SPECIAL POWER OF ATTORNEY
THIS SPECIAL POWER OF ATTORNEY is executed at Dubai, UAE on this 28th day of December 2016 by _________, son of Mr. ______ & Mrs. ________wife of Mr. ______, presently residing at _________ Muscat, Sultanate of Oman, hereinafter referred to as the ‘Executants’.
WHEREAS, the above named Executants, have booked an apartment/Unit, having Super Built up area 530 sq. ft. bearing No. _____in the project known as ______, situated at _______ (hereinafter called the “Said Unit”), developed by ________(herein called the “Developer).
AND WHEREAS the Executants due to their employment are staying in Muscat, Sultanate of Oman and is not possible for them to be present personally to sign and execute the Sale Deed of the Said Unit and to present the same for registration.
NOW, THEREFORE, BY THESE PRESENTS, We, Mr. _________ the above named Executants, do hereby jointly & severally nominate, authorize, constitute and appoint _______, son of _____resident of ______ as our true and lawful attorney, hereinafter referred to as the ‘Said Attorney’, in fact and in law for us and in our name and on our behalf for the purposes mentioned hereinabove and particular this is to say:
1. To sign and execute documents with Developer as and when required for Sale Deed of the Said Unit and to represent the same in the office of Developer for taking physical possession of the Said Unit and for the said purposes, to sign any application, affidavit, documents, undertaking and/or any other documents in respect of or in connection with the Said Unit and to submit the same in the office of Developer, which are required by the Developer for handing over possession of the Said Unit.
2. To take actual physical possession of the Said Unit at site from the Developer.
3. To sign, verify and submit any application affidavit, undertaking etc, which may be required in respect of the Said Unit, for the purposes of registration mentioned hereinabove.
4. To sign and execute Sale Deed of the Said Unit or any other deed, on our behalf and present the same before the concerned Sub-Registrar for execution thereof and also to take back the same after due registration.
5. To purchase Stamp paper in our name from the concerned office/authority for the registration formalities.
6. And to do all such acts, deeds, matters and things as the Developer deem fit, proper and necessary in respect of the Said Unit and/or incidental for the powers mentioned hereinabove or connected therewith.
And We, the above-named Executants, do hereby agree and undertake that all the acts, deeds, matters and things, etc lawfully done by the Said Attorney in respect of the Said Unit and for the purposes mentioned hereinabove shall always be deemed, attorney and ratified and shall be construed as acts, deeds, matters and things legally done by us and shall always remain valid, legal and binding on us.
We have signed and executed this Special Power of Attorney, authorized in this behalf, on the place, date, month and year mentioned above.
SIGNED, EXECUTED & DELIVERED
…………………….. Mr. - Executants
&
……………………...Mrs. - Executants
Accepted by me,
Mr. _________ - Said Attorney
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Query Regarding To 7/12 extract
Greetings for the day, Hii Sir, Am Bhanudas Desai. Living at mumbai Having small 12 land pieces at ratnagiri sangmeshwar in kondye village In my 7/12 extract & 8A, there are total 6 family members (after marriage names added in 7/12) My uncle - unmarried - who is no more My two aunties - both married - expired 5 years ago My two real sisters - both married - also no more As last member my name is added, my age is 58+ Am not having death certificate copies for all these family members as we were not in touch with any of them So I required your guidance, How to proceed ahead & also wants to know whose names will get added if I go for 7/12 extract & 8A updation at talathi office Regards, Bhanudas Desai. Mumbai