Kirati Thaker
09 July 2013 at 09:21
Sir this is Kirati Thaker from Mumbai.Our building is built on Pagdi System.So,there is legal suit going on since 23 years because some parts of our building are fallen.What we must do to win the case legally?According to any section of Act,is redevelopment or winning case possible?Need your earliest opinion.Thank You.
Sameer
28 June 2013 at 10:43
Hi Sir,
please suggest me how can I check survey number online on whose name plot is registered?
Plot Located Bhayander-West (Uttan)
Thanks
Gurjinder Flora
27 June 2013 at 02:01
This property of 80 Sq.Yds Plots with a loan of Rs.1000/- to built home to every family from central government after some major tragic happens in 1960s. Rightful owner of that time had sale this property to new owner.
This new owner had purchased this property on her wife name and kept all power of attorney on his name. He constructed ground floor only. New owner died in some mis-happening in 1980s, leaving his wife, three sons and one daughter.
From this new owner's family only survival are two sons (owner 1 and owner 2) and others have deceased.
Daughter of new owner have 2 daughter and 1 son those are married.
Owner 1 have one son and daughter, those are married.
Owner 2 have one son and two daughters, those are unmarried at the time.
In 1990s, owner 2 moved out with his family from ground floor and shifted to constructed half portion of the said property on first floor and in later half of the 90s he constructed (kachha) same half portion on the second floor. Owner 1 have 1/3 part of first floor of the said property in there use.
Owner 2 had borne all the expense of the construction took place on first floor and second floor. Owner 2 had also spend lots of money on taxes ( House tax and, electricity and water), medical expense of mother and owner 1 and marriage expense of owner 1 and his children. Owner 2 is having all the proof of the government expense paid till date.
After this construction, in 2002 mother of owner 1 and owner 2 died. Mother was taken care by owner 2 from her illness in 1977 and later she shifted with owner 2 on first floor.
Now in today date, owner 2 have started renovating kachha construction to pacca from his and his son own expense. As proof, owner 2 have photographs of all the renovating task carried out at the moment.
Now issue arises that, owner 1 son have raised and ask for the share of the said property.
Q1. Is it possible that owner 1's son can get any stay order on renovating carried out by owner 2 ?
Q2. What is possibility of partition of the said property as the second half of the property is non constructable due to its old design of ground floor?
Q3. Can owner 2 file any suite against owner 1 for expenses spent on him?
Q4. Owner 1 daughter in law have even harmed owner 2's family social status in the area by spreading some untruthful facts, can something be done around that?
I have even attached a rough map of the property division in this mail.
Aakash Goenka
17 June 2013 at 10:29
We have a rented shop at Parel under the pagdi system running a tailoring shop since 1960's. The rent receipt is in the name of my grand mother. My grand mother, along with my father is running the tailoring business since 1960's. In 1980-1981, my grand mother retired from the shop as she was very old (apprx 75 years of age at that time). The Gumastha was in the name of my grand mother which she transfered in my fathers name only in 2003. All electrit bill, telephone bills are in the name of our shop & not in any individual name.
My grand mother died in 2006. Now, in 2013, our Pagdi building is going for re-development. my father has 4 sisters, all elder to him, & all married before 1985. All the sisters are living with their husbands & were never associated with the shop business ever.
Will the Tenancy right be transfered in my fathers name or can the sisters claim a right in this property.
It is very easy to prove occupancy in a residential tenanted primise by way of Ration card, voters card, electrict bill, telephone bills etc, but in a shop, all bills are in the name of the shop & is not in individual name. My father was always present in the shop since 1965 but how can he prove his occupancy? can fathers sisters have a share in the premise?
please advise.
pushpakrishna
15 June 2013 at 13:15
Dear experts,
'A' purchased a plot in 1990 in a Sy.no.114 approved by DTP Layout plan1989.'B' purchased a plot in2010 Sy.no.115 DTP Lay out Approved plan1992.But both plots opposite directions .in between there is 33'feet road.'A' constructed a house in his plot as per the DTP plan.now 'B' is claiming that B's plot is in the plot of 'a'.To whom 'A' has to contact to decide the boundaries with clear picture.kindly advice with full details of Authorities.'A'Can ready to bear the expenses.
Vilva Sabarikanth
14 June 2013 at 13:51
Hi All,
We are running the owner's welfare association for our apartment and managing the day-to-day activities and some improvements.
In one of the meetings, the question has been raised in Maintenance Charges & Capex Amount for the 2BHK and 3 BHK houses.
Just to give a quick background, we recently implemented the Water Meters in our apartment and seggregated the water expenses from the general maintenance. So people have questioned:
1. Why should we have the per sq.ft based charges for the general maintenance, as all the houses are using the same amenities and there is no difference between a 2 BHK and 3 BHK? The general maintenance should be shared equally by all the apartments right?
2. Should the CAPEX money be collected equally for a 2 BHK & 3 BHK house or it should be based on per sq.ft charges, as the CAPEX will act as a buffer to suffice our general maintenance?
We couldn't take up any immediate decisions on this front. So we are still continuing the same way how we were doing it (per sq.ft based charges) though the water charges are removed from genral maintenance.
Your valuable suggestions & decisions will help us in resolving any concensus raised related to this.
Thanks,
Vilva Sabarikanth
ahmeduddin khan
12 June 2013 at 18:48
sir, we have land admeasuring 22 acres,in aurangabad,my father got decree of said land against government,and executed assignment deed in favour of one party( but assignment deed content is,we are transfering all our rights in favour of assignee,and he can implement his name in revenue record,) for consideration amount five lakhs rest amount after executing the said assignment deed.,without paying stamp duty,(coz stamp duty would be very high before executing the said decree in government offices coz the said land still in possession of state government,thereafter, its been 3 years now,but the said assignee has done nothing,so my father made D.D. of that consideration amount and cancel the said assignment deed without his presences,and send to him cancellation of deed along with D.D.with unofficial notice, now we have receive back the D.D. along with unofficial advocate notice stating we cannot cancel the assignment deed,SIR, my question is, what legal action they can take against us,? since it was registrate without paying stamp duty,coz there is number of citations stating,in order to transfer title, agent has to pay stamp duty, and also i am considering not to return his money back,coz his took our land granted for 3 year. i will be very great full for your advise,thank you. AHMMED.
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