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Ajay Kochar   29 March 2012 at 13:37

Joint family

Respected All,

I am living in a newly formed society and working as treasurer. One of our flat owner given the flat to his brother for living purpose and the owner lives separately.

But when we demanded rent agreement and Police Clearance certificate, owner refused to give the same and informed that she lives with the brother in the same flat and its a joint family. But we know the owner is not staying.

* What remedy we have to solve the problem?
* There is a need of rent agreement of the person lives having a blood relation with the owner?
* PCC is requier in this case?

Request to suggest for the same.




sadiq   28 March 2012 at 14:24

Ragistration of leave and license agreement and duty

sir,

we have taken a commercial Gala in ahmedabad Gujarat and wanted to ragister the leave and license agreement by paying the duty , but the owner of the premises is not ready he is telling its not necessary ,just wanted to do a notary of the same , can some one guide me the gujarat rent act so that i can explain him with section no and law , why its necessary for both of us to ragister the agreement

Ajay Kochar   28 March 2012 at 12:06

Pet policy

Respected All,

I want your suggestion regarding the problem which raised in our society due to some tenants who lives with the pet animals.

As our society is newly formed ad-hoc committee and held a general meeting as on 4.3.2012 and discussed about the pet policy and passed a rule saying

· Pets are strictly NOT ALLOWED IN GARDEN/LAWN. (as children's are playing in same area)
· Pet owners to submit a doctors certificate/report stating necessary vaccinations are given to the pets.

But some of tenants (even not the owner) are not following the same and every day they sit with there dog in a lawn area. Even not a single certificate is also provided to the committee by the tenant and when we approached the same to the owner of the flat he sent the message saying " I have spoken to the tenant and also to the pet welfare ass. the team will visit n discuss about it."

Now what action we take. awaiting for your valuable suggestion.

ravindran sankaran   27 March 2012 at 09:16

Apartment maintenance

The builder at the time of sale of an property collects maintenance charge for 12 months in advance at particular rate and says if there is an excess it will be passed on to the purchaser.

the builder completes his maintenance.
Is the Association formed well within rights to know the details of the maintenance spent and seek the balance left with the builder to be transferred to their account?
There is no mention of any maintenance contract in the sale agreement except a provision to charge the over runs and very descriptively deals with sharing of common expenses .
What does apartment owners law say?

V Natarajan   25 March 2012 at 21:06

Mutation of flat in kolkata

I have purchased a flat in Kolkata and there are 6 other flat owners apart from the earstwhile land-owner

All flats have not yet got registered

1. Can I have my flat mutation done with the KMC

2. What are the requirements to have this done

3. Till mutation the bills from the KMC continue to come in the landowner name and we are paying collectively - does this get proportionately reduced from my future bills

4. What are the mutation costs?

raj manwani   24 March 2012 at 12:31

Compensation for surrender of property

hello friends,

I have a query regarding compensation entitlement.....

we are in the possession of our ancestral property (Property of my fathers BUA)from the very inception of it. before 20 years around ,the concerned property owned by my fathers aunt(BUAJI,she is married)
)was trasferd by her to my father& to her two bhatijas.

all three of them then sold it to a person with the agreement that the possession will be handed over to the buyer after the death of buaji only.

In 2003 she was no more and then my dadaji was in the possession of the house.

in 2010 he was no more and from that period the possession is ours.

as the house is memory for us as the whole childhood of my papa were spend over there.
it is emotionally precious for us.... I just don't want to surrender the possession of that home...

what are my rights as at the time of death buaji transfer d her all rights and movables in favour of me.....
as party to sell was my father also.

plz explain...all the rights that may be ours as per indian law

prashant1314   23 March 2012 at 13:06

Land laws - maharashtra

Dear Experts,

We are planning to set up manufturing set up in around 10 acres in Baramati MIDC - Maharashtra.

We do have 02 options
1) Purchase agriculture land & to convert it into Industrial NA Plot then how much area construction we can make to this 10 acres as per Maharashtra Act & Rules...?

2) 10 acres land in MIDC area then how much area we can bulit up in this 10 acre MIDC land.?

In case of any assistance you can contact me at hr.antbpune@jbm-group.com

Thanks in anticipation......

M Zakaullah   10 February 2012 at 09:50

Property distribution not happed in 24 years

Dear Legal Experts,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. I am youngest of all i.e 6th son. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 24 years) married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive. 2nd brother is mukhia in village and 3rd & 4th brothers are teachers in Araria & Karjain respectively.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 24 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd, 3rd & 4th brothers in village because the 2nd brother is mukhia of the village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father through 5th brother and what are the procedures to do so. Also please advise how to start pension for my mother.

M Zakaullah   07 February 2012 at 17:23

Father property distribution

Dear Sir/Madam,
My father - Civil Surgeon (In Bihar) had 2 wives. 4 sons from 1st Wife and after the death of 1st wife, my father married 2nd wife after a gap of say 5 years. From 2nd wife were 2 sons and a daughter. My father expired in Feb, 1987 without any will!
We belong to muslim community and myself (living outside Bihar for last 23 years) the 6th son of my father married a hindu girl through Court marriage in Pune in 2009. Since then, we are not accepted by any of the first four brothers.
Regarding property distribution, my eldest brother who lives outside Bihar is not interested and does not take the responsibility to share the father’s property nor is he interested in claiming it.
But the other 3 brothers (2nd to 4th) is enjoying father’s property since 1987 and have sold many pieces of land without the consent of any of the brother nor informing my mother who is alive.
My father has property in Purnia, Araria and in village (All in Bihar). 3rd bother captured the property of Araria & Purnia. 2nd & 4th brother has captured the land in Village.
I told my own 5th brother that you take care of my property on behalf and sell it if needed. When my own elder brother (5th) approached other 3 brothers for property distribution, they say that I am no more part of the family members and I will not get any penny out of it. Ironically, they were never interested to share the property even before my marriage with the hindu girl. Now they have got an excuse that because I am married a hindu girl, I will not get any share.
For the past 23 years, my mother tried and requested all the 4 brothers to divide the property and also requested 5 members of our father’s relatives who were responsible to share the property after he expired. All five members are alive today and support 2nd and 4th brother in village.
The three brothers did not start the pension for my mother after death of my father till date. The three brothers are having all the necessary documents with which pension could have been started for my mother but they did not do so and also not willing to share documents. One brother says its with other brother and vice-a-visa.
Request you support/guide me ways in getting my share of my father and how to start pension for my mother.

madhan raj   05 February 2012 at 18:45

Onlyscn law

P1 father died in 1950. P1 died in 1992 he was only son of his father. D1 was born in 1943 and D1 died in 2003 he was only son of P1 and P2 married in 1964 And P3 married in 1974 are daughter of P1 and P1 had a second daughter by name Hemavathi married in 1970 whose L.Rs have come on record on their own as D34 to D37.
P1 wife and mother predeceased him and P1 wife and mother died before filling the suit for partition. D32 and D33 are sons of D1 and grandsons of P1 and D38 wife of D1 and D2 to D31 are tenants. P2 and P3 and D32 to D37 are not entitled to any share of P1 separate property As per Mysore Hindu law women’s rights act 1933. P1 separate property passes by succession to his only son D1 as a single heir As per Mysore act.
As per Hindu Succession Act, 1956 sec 5, Act not to apply to certain properties. This Act shall not apply to- (ii) any estate which descends to a single heir by the term of any enactment passed before the commencement of this Act. As per Section 7(2) of Mysore Hindu law women’s rights act 1933. P1 separate property passes to D1 by succession as a single heir.