Anonymous
06 July 2011 at 14:30
Dear Experts,
Our society building is going for redevelopment in Mumbai, we haven't issued Consent Letter yet to anyone. Our building secretary formed a managing committee on his own. {Himself, Chairman, treasurer, Society Member (Male) and Society Member (female)}.
1. Secretary said that there should be one Female in the managing committee, is that true?
2. There was no election process. Can a managing committee be formed excluding the Office Bearers?
3. Builder says that "The developer will provide 50% car parking to the existing members/ society out of total approved car parking as per BMC/ MCGM/ DC regulation norms and sanctioned plans." ..........We are 24 tenants, 4 floors, its obvious that he will construct extra floors, we 24 tenants needs 24 parking, so can we sort this out? Should we insist on 24 parkings or go with the builders offer? Would like to know about the BMC car parking approval process?
4. Builder says that "Please don't ask or emphasize us for bank guarantee, as we are already investing so much money for the redevelopment process" What can be done about this?
Experts please help us with your valuable advise.
Anonymous
06 July 2011 at 14:21
Hi there,
It’s very urgent....please help me with the true information as soon as possible...
We are Hindu (Jain). My grandfather (A) had no son or daughter... He adopted my father (B) after doing all legal formalities i.e. registered adoption deed but my grandfather also has kept one girl as a daughter (C) for a long time but he didn’t make any legal adoption deed with her but she has my grandfather’s name in her school and college mark sheet as a father. Now my grandfather (A) and this girl (C) both are passed away several years ago. And my grandfather had one house and some agricultural land on his name in Madhya Pradesh but after his demise it came on my father name 15 years ago as my grandfather didn’t make any WILL and there is no registered documents also of this property as this land is on my father on Bho-pustika. My father has 3 children (me Son D and two sisters E, F both are married) and that girl (C), who also passed away has two daughters G, H both are married. I don’t know whether C has made any WILL before her death or not, but now husband of C want to claim on the land for his two daughters G and H after 15 years. My queries are-
1. What are the legal rights on the property in % of B,D,E,F,G and H? Some lawyers has suggested me that in case of adoption there is no legal rights of children on the property so this property will be only on B’s name 100%. Is it true?
2. My father has sold some plots from this land and got notice of illegal colonizer. If my father B will transfer all land on my mother name then G and H will have no right on this property and can we solve illegal colonizer issue after taking colonizer licence on my mother name?
3. How we should transfer this land on my mother name that there will be no further problem legal or economic on my mother i.e. illegal colonizer and G ,H will also not ask their shares? Can we do “Batwarnama” after doing Namantaran on my mother’s name or should we make sale deed but sale deed cost us too much. In case of gift sale deed can be done in 2% stamp duty is it correct?
4. In case of Namantaran in how many papers we have to give “Vigyapti”?
5. One house is also very old and has no registry so how we can register this house in my mother name as we are paying all utilities bills from many years of this house?
Please don’t post my message publicly and contact me through email only (arlovear@rediffmail.com).....
Thanks in advance.........
raviraj hebbar
05 July 2011 at 22:28
my father who had all ancestral property, partitioned the property in 1972 when i was 12 years old. that partition was highly un equal since my mother was given a large share (thrice my share). i had not questioned this partition for various recesons.
Now can my minor son who is born in 1994 ask for re partition of all the ancestral property of my father.which my father got it in a regestred pa
rtition in 1966 ?
kind attention---expert-palnitkar v v sir
kind attention expert y,u. vishweshwar rao sir
Manoj
05 July 2011 at 22:24
Hello to all experts. I have a query regarding Lease Deed/License Agreement
“A” the Lessor, executed a unregistered “Lease Agreement” of commercial premises on Stamp Paper of Rs. 50 for a period of 15 years commencing from 1-12-2002 in favour of “Bank”, the Lessee. During the period of lease “A” sold the premises to “B” by a registered Sale Deed in the year 2010. No confirmation Deed is executed between “B” and “Bank” confirming “B” as Lessor in place of “A” or confirming the lease agreement although Bank is paying monthly compensation to “B”. Now “B” is forcing the Bank to vacate the premises. Nothing is mentioned in the Sale Deed about the lease agreement with the Bank nor about the possession of the premises with the Bank. Some of the important terms of lease agreement are mentioned below for reference.
i) the premises are for the exclusive use of the Lessee as Branch premises
ii) lessee can terminate the lease prematurely by giving three months notice to the Lessor. However no clause is mentioned in the Lease Agreement that Lessor can get premises vacated by giving notice of particular period or terminate the lease agreement.
iii) Lessee has to pay monthly compensation of Rs. 82,000/-
iv) Lessor provides space for installation of VSSAT on rooftop,
v)Lessee can remove the furniture and fittings installed by him
on vacating the premises
vi)Lessor agrees to carry out periodical repairs at Lessor cost to make it tenantable.
vii) The Lessee has no insurable interest,
viii) The period of lease is 15 years,
There is no transfer of interest in the property in favour of Lessee. However, the Bank is in possession since 1-12-2002 and still is in possession till date. There is no clause in the agreement allowing the lessee to make any structural changes i.e. construction or renovation except allowing the Bank to install the VSAT on rooftop. The words used in the Lease Agreement are Lease, Lessor and Lessee. No where they have used the word License agreement, Licensee or Licensor.
Now my query is
(1) Is this a Leave and License Agreement or Lease Deed
(2) Is the lease agreement legally enforceable
(3) What is the legal position of the Bank
(4) What steps can be taken by the Bank to avoid vacating the premises, what are the remedies available with the Bank
(5) Can “B” succeed in getting the premises vacated
Anonymous
05 July 2011 at 21:29
A land owner and the developer has entered into Registered Joint venture as X % developer and Y % owner. As the project is delayed and the owner wants to dispose the Property for funds can he make the sale deed of the said property with the developers consent.What sort of document he has to obtain from developer for such procedure also if the New buyer agrees to continue with the same terms of the JV then after the sale deed what agreement has to be made between the original owner,New owner and the developer. After such transfer to the New owner all the risks of the Property and JV ceases with old owner?
jach000019
04 July 2011 at 16:16
as a executor i have to apply for the probate of the will in mumbai and make the release deed but
(1) since my sisters are living out of maharasgtra so after tking the power of attorney from them can i or somebody else since i am also the beneficiary sign on behalf of them in the consents which has to be submitted in the court for applying the probate.
(3) can i or some other person can sign in the release deed on behalf of my sisters.
(2) is it compulsory to issue the public notice in the papaer of their states?
(3) i have their old notarized consents about the will i can use those consents or i have to collect the fresh one ?
(4) if consents are not submitted and than court will send them the notice about their objection if any they have and once the notice period is over court will issue the probate, here i would like to know what is the better to sign on behalf of them by taking their POA or wait for the time of the notice period secondly is somebody can onject about the probate once the notice period is over and if yes than objection can be raised in high court of mumbai or at supreme court.
Anonymous
04 July 2011 at 15:28
Hi,
One of my friend won the case in trial court against his Aunty. He got permanant injunction. Trial court finally granted that the possetion of agriculture land will remain with my friend. However he is having posetion of land since last 10 years. His name is mentioned below as a possetioner on 07/12 papaer of land. However his Aunty's name is mentioned above on 07/12 paper of land as a owner of land. My fiend has two sons
Please advice regarding below points.
1)After death of my friend ,whether his son's name can be added as a possetioner of land on 07/12 paper of land. If yes then what is the pocedure.
2)If no then what can we to do add his son's name.
3) Can my friend's Aunty or her legal heirs take objection to add son's name.
Anonymous
04 July 2011 at 14:33
My father alongwith his friends and relatives formed a Social group A and took a room/shop on rent for running a library on behalf of A as Secretary of A from a Religious Society B in Agra U.P. approximately 70 years back. Recently I got a photocopy of Rent Agreement . The rent agreement was written as " This agreement is entered between Sri ………………… son of late Sri ..……………….. resident of ……………………….. Secretary of A "…………to be called as Tenant and Manager of B………… Sri ………………… son of ……… ..…to be called as Landlord.” I mean that the agreement was directly in his name, not in the name of the Social group A. But in the last para of the agreement following condition was mentioned - "both the A & B will keep one copy of agreement at their respective places". The library was run by A free of cost. After around 10 years i.e. during 1951-52 my father left Agra for earning his livelihood. Then the library was run by next Secretary and after that by successive Secretaries. Now the library is closed and the present secretary/possessor is doing nothing to restart it and nobody have any knowledge about present members of the Social group A.
My father expired in 1999. He never informed me or mentioned about this library in his registered Will. Also I do not have any paper or any receipt regarding this rental property.
Now I am in receipt of a notice from the Religious society B regarding termination of tenancy, eviction and payment of rent, property tax, water tax etc. with interest @18% for 12 years and handover to B peaceful possession of the shop as I being the only son/heir of my father. I left Agra some 35 years back and I never knew anything about this room/shop till I got the notice from the landlord. I also do not have possession of this shop.
In this regard I want to know the following from experts -
1. If I contest the case, How I can prove that the tenancy was for free library, not for my father's business interest ?
2. If I do not reply and ignore the notice, What will be the consequences ?
3. Any other suggestions.
C.A Alok Mukherjee
04 July 2011 at 11:45
One of tenant had bought his share of occupation from the landlord by virtue of execution of transfer deed, now he had got certified a plan of design of the ground floor of the house from the architect / municipality since landlord was not able to get a copy of the sanctioned plan of the house from municipality.
Whether this can be a valid proof for execution the transfer?
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FSI Rules and Co-op Hsg Society Powers
We have purchased a 2 storey twin bungalow in a co-op Hsg society in Pune. As of now there is an Ad-hoc society committee since builder has not obtained completion certificate for all the units in the society( though we have received ours).
Our house has a covered parking area attached to the entrance. However, there is no access to the area above the covered parking. There is only one window that looks out to this area. We have lot of seepage in this area due to rainwater collection, and our architect suggested that we replace the window with a door to get access to this area for regular cleaning and maintenance, else the dust and debris will cause more rain water to collect there. The architect also proposed to put up a protective railing around this parking lot overhang.
Please advise if this will be a breach of FSI? We want access to this area for cleaning and maintenance purposes ONLY. We do not intend to put any roof or cover this area in any way. Our architect is saying that this is not a breach of FSI but the society committee has strongly objected, stating that we are violating FSI rules. The society has also threatened to deny access to all workers/delivery men etc to our house if we proceed with this.
Please advise if 1.This is a breach of FSI 2. Does the society have the power to stop our workers and raw material delivery men from entering the premises if we proceed to put up a door in this area?