iqbal shafi
01 May 2011 at 17:12
I live in a housing complex of 408 flats in kanpur.
The flats are 1,2,3,and 4 bed room apartments within the same complx which has a huge open area with huge lawns and play area which is used by all residents irrespective of area of flat.
The builders are charging maintenance @ of area of the flat and so the bigger flat owners have to pay more each time whereas the smaller ones are enjoying the same faciities inside the complex for a petty sum.
We have also quoted a judgement reported in 2003(3)AII.M.R.2003(8)LJSOFT 113 in the High Court of Bombay Writ petition no.1948 /1997. judgement 30.7.02 (R.J.Kochar,J)
The case inabove is the same as with us but people say that this case was from maharashtra so it would not apply here in UP.
Please advise us what we can do on this to get the builders to charge all residents per unit and not as per area of the flat as al services are being availed outside the flat and none of the services are availed inside the flat area.
judgement of Bombay High Court attached
Anonymous
30 April 2011 at 10:54
my grandfather (A) comes in punjab (india) after partition of india & pak, and allotment of all property is in name of my grandfather, one house in nabha (Punjab), some property is in Delhi (shops), some property is agriculture, My grandfather has one brother (Cousin) (C), he eat all property except one house in nabha (punjab), after death of my grandfather & left my grand mother (B) & my mother (adopted daughter (D)), in old days some men can't disclosed all property details to his family (women), the same condition with us, my grand mother (B) gifted house in nabha (punjab) to my mother (D) in 1980 because there are some relatives claiming that the mouse in nabha(punjab) is there's property & go out from this house, after clearing some legal documents (B) gifted house to (D), but we don't have any legal documents of other property laying in delhi, or near delhi area, and we are not aware that were is property in india, in past my grandfather (A) swapped allotted house, th. a latter to authorities in jallandhur (punjab), but this paper is teared, house numbers are readable, but allotment number is not readable, in 2005 one of (C)'s legal hires said to my grandmother "there is some property in india, give her thumb impression on papers & we claim property" my grandmother said him "Go and eat that property also", we aware this discussion between my grandmother (B) in 2010, we discussed with many of our relatives for details of property some of them said "(A) have lot of property in delhi & near delhi, near karnal, (C) was very sharp minded & sly, may be he got thumb impression on some paper's from my grandfather (A), if (C)'s legal hires said your grandmother (B) for thumb impression that mean there is some property laying some ware" we want to claim property but no papers or detail with us, how we know about property allotments to my grandfater (A) & how we claim property, my grandmother lives with us at rajpura (punjab) from 1990, can my mother (D) claims property in legal way, one of my friend advised me to make will & power of attorney from my grandmother (B) in favor of my mother (D) or in favor of me, as we don't have any property detail, what should we write in will, can we talk to (C)'s legal hires or file case for claim property, & if (C)'s legal hires refuse how we file case
Anonymous
29 April 2011 at 17:10
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
KARAN KUMAR
Anonymous
29 April 2011 at 15:07
Our Society is 25 yrs old. I have moved in last year 2010. Once I had given letter regarding Leakage problem but nothing was done. Also there are more issues which I am noticed that since long time the society members are ignoring and which are serious in nature. The list is as follows:
1] No conveyance deed for the society.
2] Electricity bill of few members not
been tranferred in their name.
3] Heavey leakage and cracks in the
building premises.
4] One flat owner has purchased the flat
without obtaining society NOC and share
certificate. hence also not paid the
society tranfer fee and till date is not
paying maintenence also. No action
taken till date by society as the owner
is Police.
5] No yearly account statement being
issued by the society nor any AGM is
conducted.
Its been one year now since I have joined this society and need to know what actions can be taken regarding this and if I alone can the necessary steps against this and how & where ???
Please guide me as the building's life is deteriorating day by day.
Regards,
Sanjay
Anonymous
29 April 2011 at 15:02
Dear Experts, what are the documents and agreements required to be signed with the members , society and builders in the redevelopment of old society building and what order documents members need to obtain before vacating the building for demolition and reconstruction etc.
Also please provide sample agreements if available.
Thank You!
nirmalspatel@gmail.com
29 April 2011 at 10:44
I have purchased a ground floor flat in a residential housing society which has 6 buildings (wings). My ground floor flat has separate access and does not have access from the complex compound. When i purchased the flat the builder had said he would convert the same to commercial after i buy. However, my agreement states residential use with private access and no change of user has happened. The builder has taken irrevocable declaration from the members of my wing / building that they will not object to change of user from residential use to commercial use at any time in the future. Now CHS has been registered before i bought the place for all 6 buildings. I have started a play school / day care from the flat and now the society is objecting to this. MY QUESTION:
1. Is play school activity / day care activity permissible from a residential premises without the NOC from society?
2. Is there any supreme court judgement that a premises with a private access and private compound is allowed to carry out day care / play school activity?
3. Is there any other protection that i have under such a scenario?
Anonymous
28 April 2011 at 21:50
Sir,
Would you like to tell me the rule about Govt land allotment to CRPF serving personnel in Bihar which is is all over India.
What is the process of it.
How much land could i get.
What is Rule no.of Govt.of india
Anonymous
27 April 2011 at 22:50
Dear Sir/Madam,
The supreme court has ruled in September 2010 ""The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage."
I have bought an under-construction flat from a developer/builder in Faridabad, Haryana. The builder has charged me extra for EDC, Preffered Location Charge, Club Membership Charge, Fire Fighting Charge, Electrical Charges, Power Backup Charge, Covered Car Parking. ALL THE ABOVE ARE COMMON AMENITIES/SERVICES OR AREAS. PLEASE ADVICE IF LEGALLY A BUILDER CAN CHARGE ALL THE ABOVE CHARGES? PLEASE ALSO PROVIDE ANY REFERENCE CASE IF ANY.
Anonymous
26 April 2011 at 15:59
We has been executed an agreement to sale and in that agreement to sale the Seller allready handed over us(Purchaser) the possession along with Part consideration. the required stamp duty is paid for the said agreement and thereafter it was Registered.
After that one 3rd party file an suit for recovery of money on the saller & in that suit he has file attachment before judgment application,
Is there any judgment that the Agreement to sale would be consider as sale Deed or is there any judgment on whose basis the said application of Attachment before Judgment application would be rejected.
with
nodoja kvoja mandal
west bengal
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
eviction suit
what are the laws favoring unauthorized occupant? how can I evict such an occupant? I am the owner of the said property. He is been staying as a son of the seller.
I cannot suit the seller.