Anonymous
25 November 2011 at 11:46
i would like to know my society is registered under maharashtra co-op hsg society,so there is any compulsion the flat must be registered seprately for loan what is different pls clarify doubt......thank you
Anonymous
20 November 2011 at 13:11
sir our property is land locked no way to go from the north,east we have a gate in the west side of our property but the land owner that side has blocked our way by keeping a coconut tree in the way when we ask her to remove it she started say the gate is not shown on your house plan so this is not your way
now on the south side there is the gate shown on our house plan but there was no access initially,
now a builder has build an entire society there without leaving his own wall he has taken our wall and left 3mts from there saying the wall does not belong to one person it is mutual wall
then he gave us in writing on his stamp pad that he wont block our access since we were thinking of going to court
then later he gave us in writing the same on a stamp paper but did not sign on the registrar office we ask some lawyer if this is good enough they some said its good enough to fight the case while others said it wont stand any good after one year
now we had got our road access marked from the pda for a proposed road
now since his building is complete and people are already staying the builder is saying he wont allow us to pass our sewage through our access
can he prevent us from passing sewage through the access????
can the society block our access in the future???as on our plan that is the only gate shown from where we can pass
is there anything we can do??
what should we do??
Sam D'costa
20 November 2011 at 01:07
We want to take land situated in mumbai on lease from maharashtra govt.
We are presently occupant on said land from past aprrox 35 years. Said land is small part of the major land area which have been sold by the owner whose name is on property card and 7/12. This small portion remained undeveloped due to our possession and we dint allowed builder to take our land. but now we heared that the said portion of land have been kept vacant because he used it for FSI. So we believe that know the said land belongs to govt.
We are paying NA for this land since 1981.
We do not want to go for declaration procedure claiming adverse possession due to time and fund consuming process. Instead lease will be better option.
Kindly suggest process and applicable acts, regulation to refer.
Thanking you
Amit
10 November 2011 at 16:12
Dear Sir,
As far as I know for Hsg.Co-op.Society there are sale deed (between individual member and builder) and conveyance deed (between all members of society and builder) and is to be executed
But if i buy a residence on open land where there is no society is there any conveyance deed, apart from sale deed.
Kindly let me know.
Thanks,
Regards,
Amit
Anonymous
09 November 2011 at 01:16
Hi
First i would like to tell you the family structure. My grand father has 6 sons & 3 daughters. My father is 2nd eldest son. My grand father has one house in delhi with 3 floors including ground.He called my dad to write his will as he had maximum trust on my dad. According to the will, house is divided between his three sons, i.e. ground floor to my dad , 1st floor 2 his 5th son & 3rd floor to 6th son. Rest sons were given shops. That will has signature of my grand father, 2 withness which is my nanaji n my dad'z frnd. This will was made 40 yrs back & after 1 yr of the will, my grand father passed away. Even after few yrs my grand mother & nanaji, who withnessed the will also passed away. But that will does not have signature of any sons & daughter of my grand father. 40 yrs back my dad had his job in lucknow. so, he shifted there and constructed his own house there. For the time being he gave his ground floor portion to this 4th no. brother to live as he has no house & no son. My dad thought, there would be no compulsary acqusition of his portion as he has no son. But his 4th n 5th no. brother joined hands together & they are not ready to leave the house. The 5th no. brother has one son & has own 2 houses. He is greedy & says that 'will' is fake. He has power & money. He feels if we are going to take any action then he will prove the will fake as it does not have signature of all sons & daughter.
As we are thinking to shift in delhi & want our house back. Please suggest me what can i do in this case. Even one witness is alive. We want to take an action as soon as possible as he is aged. Even 3 owners of the house as per the will including my dad is paying property tax since 40yrs.
pls pls suggest me, so that i can help my dad.
Anonymous
07 November 2011 at 18:20
Sir,
The cousin brother of my husband say “O “ was recommended an alternative plot by delhi govt. in lieu of his land acquired in delhi. The “O” sold the rights of said plot to “X” in 1999 and several documents like ATS, GPA IN FAVOUR OF “X” after receiving the entire consideration from “X and even a “Will” WAS EXECUTED BY “O” IN FSAVOUR OF “X” which was registered at SR delhi . In april 2000 a plot was allotted to “O” by dda . The intimation of allotment was not sent to “X” . In july 2000 the “O” executed a Will of that said plot in my favour . The said plot was thereafter cancelled BY DUE TO NON-PAYMENT by “O” . Thereafter as per policy another plot was allotted to “O” by dda in july 2003 . Thereafter AFTER THE ALLOTMENT OF THE NEW PLOT in august 2003 “O” expired . After “O “ s death I showed the said Will EXECUTED BY “o” IN MY FAVOUR to dda official and requested him to mutate the property in my name but dda verbally told me that the said plot cannot me mutated in my name as the property number is different ( the will is having the earlier plot number allotted to “O”) . Thereafter my husband , as legal heir of “O”, applied for mutation in dda and managed to get the mutation in his name . The dda as per policy entered my name also in perpetual lease along with my husband . Thereafter we sold the said property to some one else. Therefter my husband died . Thereafter in 2009 “X” applied for the probate of the WILL of “O” executed by “O” in his favour in 1999. The court notice was issued and served to me . My advocate appeared on first date and told the court that he will file reply . Thereafter ,as per my instructions my advocate , did not appeared as I had already sold the property . The court then granted ex parte probate order and LOA in favour of “X” . The “X” is now claiming his right over the said property on the basis of LOA . In the meanwhile the children of the real brother of “O” has also come to know that I and my husband have got the mutation in our name and sold the property to some one else . They have also given NOC to dda to mutate the property in favor of “X” . Now both “X” and the children of the real brother of “O” are threatening to file cheating and fraud case against me .
Now my query is HOW CAN I RETAIN MY PROPERTY . ? 2. WILL THE PROPERTY GO AWAY FROM MY HANDS ? 3 WHAT ARE THE LEGAL REMEDIES AVAILABLE TO ME ? PLEASE HELP
Anonymous
07 November 2011 at 10:00
The cousin brother say "O" of my husband was recommended a plot under dda alternative scheme . The "O " had already sold the rights of the plot to be allotted to some third party in 1998 and also executed a Will in his favor . Thereafter "O" was allotted the plot by dda . The "O" thereafter executed a Will in my favour in respect to the said partricular plot allotted . thereafter the dda cancelled that particular plot due to non payment and allotted a fresh plot as second chance. After the death of "O" i showed the Will to the dda and requested them to mutate the property in my name but the dda refused to do so as the plot number was different in the Will . Thereafter my husband some how on the basis of legal heir got the mutation of that property done in his name . thereafter my husband sold that plot to soimebody else. thereafter my husband died In 2009 the purchaser filed the probate of the Will executed by "O " in his favour . The n otice was isuued to me . My advocate appeared and requested to the court that he will file reply . thereafter my advocate did not go to court and the matter was proceeded ex parte and the Will was probated in purchasers favour . Now the children of the real brother of my husbands cousin brother has come to know that the mutation has been done by dda in my husbands name . They are now asking the dda to cancel the mutation and mutatye it in their name and are also threatening of filing FIR against me for fraud . please advise how to retain the plot and what are the legal remedies available to me.
niraj
06 November 2011 at 19:57
I bought a flat in 2005 January and did the payments as asked by the builder in regular intervals. I bought another flat in 2009 Aug and took possesion of this flat in July 2011. Till now I have not got the possesion of the earlier flat bought in 2005 and have been advised to sell my allotment or transfer it before the possesion as I can avail long term tax benefits . Is that right?
niraj
06 November 2011 at 19:51
Sir i got possesion of my flat in July11 and after that I did few changes in the internal wall without disturbing any columb or casting or pipeline just for the sake of vastu. Now the builder is saying that they will not allow any changes as they have still not got the completion certificate and telling me to redo it like before though now I am doing the fitouts. Pls tell me as how they gave possesion without obtaining completion cert and now what is my position legally.
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Sale agreenent act as proof
I have small technical doubt regarding mater belongs to all courts in India
1)IF sale agreement is made b/w me & vendee for amount of 10 lakhs with token amount 1 lakh before 2 moths.Now I filed suit for Title declaration for my property on vendee who denying my Title due to some problems & I also submitted sale agreement of b/w me & vendee to court.Now my question is
1)For Title declaration whether I can pay court fee for calculating property valuation is 10 lakhs with help of only sale agreement made b/w us before 2 months & with out submitting any other proof for valuation of that property.
2)If above is situation,can I show sale agreement made before 2 months b/w me & vendor to court for proof for valuation of property in order to calculate court fee for Title declaration & with out submitting any other proof.Please reply sir