LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shirazk   10 April 2011 at 12:26

Society Bifurcation !

Our society commitee was dismissed for not furnishing their indemnity bond last year in January 2010. Even though they did not have an indemnity bond they still went into appeal in the Joint Registrar's Office & lost again. The deputy registrar appointed an administrator panel consisting of 3 people from the bldg only & they were in office from march 2010 till 28th september 2010. They were running it succesfully & nicely & discovered that the dismissed committee members had removed money from the society bank accounts to the tune of more than 17 lacs with fraudenlent vouchers or none of them, when confronted by the administrative panel they resorted to violence & locked the society office with the help of anti social elements. Then on the 28th september 2011 a new administrator was appointed & he is still running the show. However, we are 5 bldg's who after knowing facts decided to bifurcate the society. 3 out of 5 bldg's have already submitted their bifurcation proposal to the Deputy Registrar & he asked the bldg administrator to take a bldg wise AGM due to fear of violence from anti social elements after members expressed the same. The deputy registrar then under section 18 issued a draft notice asking for objections on the 21st of december 2010, but the earlier dismissed committee members sensing power slipping out of their hands went to the Joint Registrar's Office & managed to get a stay against the Deputy Registrar's draft with duplicate signatures being submitted showing members fro bifurcation against bifurcation.
Now, we have gone to the High Court & are asking for relief & vacating the stay.
We would want to know what would happen if the stay is vacated, would we be able to get a bifurcation after the stay is vacated or we would need to to submit the proposal again to the Deputy registrar. The dismissed committee members have also gone to the DDR - Bandra & pressurised him to call for elections before the stay is removed.

Kindly advise.





ABHAY SHAH   09 April 2011 at 21:11

NEW JANTRI FOR GUJARAT

I WANT NEW REVISED JANTRI FOR GUJARAT STATE I WANTED TO KNOWN FROM WHERE IT IS AVAIABLE FOR DOWNLOAD


THANKS IN ADVANCE

Anonymous   09 April 2011 at 14:27

Resale flat purchase: Missing Municipal Completion Certificate

Need advice on resale flat purchase:
Flat Details:
1BHK, 3rd floor, Pune, Maharashtra, within Pune Municipal Corporation (PMC) Limits
10yr old building, Stilt + 6 floors, 2 wings
Registered society, Conveyance executed from builder/developer.

Same flat number from both wings not listed on consolidated PMC building completion certificate.
Banks document scrutiny refused loan disbursement due to discrepancy in completion certificate.
Other documents of the flat are clear - property tax receipt, light/meter bill, share certificates etc.

Pls. advice on this matter -
1. What could be the reasons for the builder skipping the said flat/s from the building completion certificate?
2. Is there some way of getting a separate completion certificate for the said flat from the municipal corporation?
3. Is it worth waiting to get the completion certificate issue resolved?
4. Should I approach another bank who is willing to finance inspite of the completion certificate issue?
5. In case another bank agrees to finance this purchase, what could be the issues/consequences for me in the future given the completion certificate issue?

Thank you.

Anonymous   08 April 2011 at 09:50

taking court's order for building boudaries on own property

hello to all

my name is manoj kumar, natively belong from the Dist. Kangra, Himachal pradesh, i am renewing the old ancestor house on my land but our parental neigbour are making trouble. i want to make a boundary around my home for security and want exit of sewage from neighbour's land because there is no other exit.

i lives in delhi but neigbour lives at village and that's why i cant spare much time for this dispute, moreover i know that if i starts building of boundaries neigbours will make collision.

for that i want to ask that there is some way through court or other legal option which can give me legal order in advance for construction of boundaries and way for sewage on neighbour's land.

please give me help.

thanks

Anonymous   08 April 2011 at 08:59

How to obtain title deed of my share in the ancestral property

Does it make any difference between the title of property obtained by means of a compromise decree from court and by registration of partition deed?

Anonymous   07 April 2011 at 19:15

Registration of Partition Deed

Does it make any difference between the title of property obtained by means of a compromise decree from court and by registration of partition deed?

saroja   07 April 2011 at 15:55

Title of property in Agricultural/Ancestoral property

Mr X wanted to purchase 5 Acre of Agricultural land from E, the flow of title are as follows

In the year 1946 itself it was ancestral property of A to the extent of 30 Acre, after his demise (1956) property divided between his 3 male children BCD to the extent of 10 Acre equally (No partition deed only mutation entry & schedule also not specified) no shares to female members, In the year 1965 B expired and again mutation were changed equally to the extent of 5 Acres each among his 2 male children E & F (Again no boundary specification, no deed, No Registration-only mutation entry)

Now E willing to sell his portion to X and his wife & children will jointly execute the sale deed

My question is ,(1) since from inception property divided among family members but no document to show the exact boundaries of each members share, family members themselves decide their boundary and cultivating accordingly, all the transactions were reflected in Mutation entries.

Is this flow of title valid in the eye of law? Because In Agricultural land/Ancestral property almost each & every case flow of title is almost similar to this case and X has no other option

dhananjay pathak   07 April 2011 at 15:51

conversion of agri land into non agri

i have asked to get na certificate for my land which i want to use for my residential purpose. the land is held under non-development agriculture section. its in maharashtra near pune. please let me know the procedure to get na certificate and related documents and fee for the same. also how much time it takes to get such certificate.

Anonymous   07 April 2011 at 15:40

Transfer of Property Act 1882


"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?

Prachi   07 April 2011 at 14:09

Possession of property

hello friends,

If builder doesnot give possession on date mentioned inagreement what remedies available for both
builder as well as purchaser