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Anonymous   09 November 2021 at 14:44

Additional area in redevelopment against existing balcony

In the redevelopment of building of parking + 4 upper floos, 'X' % additional area for existing carpet area for each flat is anticipated. A flat on first floor is having a carpet area of 750 sq.ft. and its attached terrace area is 500 sq.ft. How much additional area will be received against the existing terrace? will it be the same 'X'% / half of 'X'% / something else?

sandesh   08 November 2021 at 14:07

Gift deee

My father and two brothers have equal share in property now one of His brother wan to gift his share to my father but the property is in rajasthan alwar and he is not in position to travel so wat to do ? Some one suggest u write gift deed in mumbai take his power and register it .kindly suggest best possible way

SURYA RANGAN   02 November 2021 at 17:11

Encroachment of ancestoral property by neighbour

Our grandmother transferred a piece of land my uncle on 1985 by settlement deed. My uncle sold the land to another person (our neighbour)on 1989. Further the neighbour constricted a building for his residence and rental income on the same year. Recently we came to know that the neighbour has encroached 5 feet of our ancestral property which still remains unpartitioned (my grandmother passed away on 2010 without knowing about the encroachment).

Now I need to know the following before filing the suit.
1. Whether the suit for possession of the encroached property will sustain without any bar in limitation period.
2. Whether the neighbour can claim shelter under adverse possession.

Also suggest me any other approach to claim our property. Also provide your contact details if you require me to contact in person.

Anonymous   02 November 2021 at 15:58

Chs membership

Can cooperative Housing Society make a person original member, without having flat in the society?

Anonymous   02 November 2021 at 15:55

Membership of chs

There is no any constructed flat in the building. Also there is no permission for additional flat construction due to non availability of FSI. In such case, can there be original member in CHS for future likely to be constructed flat in CHS?

Member (Account Deleted)   31 October 2021 at 10:39

Probate and noc

My father and mother hold joint property ,my father had died,my mother had made release deedin which 50 percent share of deceased father given to me I am releasee and my mother and one legal heir are releaser
Now I am co owner in property,
My mother had made will in favour of myself as her wish ,which is registered ,my sister has given noc stating no rights in future on stamp paper which is notarised.
Does probate required after my mother.

Previous mistakenly mention I and mother hold joint property from startting and purchasing date of flat

Anonymous   30 October 2021 at 07:48

Purchase 6 gunte (residential zone declaredmmrda) tukde band

Dear All experts, If your time permits please help me and guide🙏 for below query. Many thanks in advance.

*Survey number- 5A/5* Total area - 36 gunte.

Area under my name -24 gunte
Area under cousin1 - 6 gunte(sold to gaikwad)
Area under cousin2 - 6 gunte remaining.

cousin 1 had sold 6 gunte land to .Mr gaikwad.
For which talathi had stop mutation entry (prallahbit ferfar #1418) against tukde bandi act. Also I filed case in thesildar office against Mr gaikwad.

Now Mr gaikwad want to sale 6 gunte land back to me. (Tukde JODH. )

My advocate said if I purchase 6 gunte land from gaikwad I have to face below problems.

1. Mr. Gaikwad is ready to pay 25 % penalty to legalize land

But I will also get penalty of 25% and need to pay? Because there is remaining land of cousin 2 6 gunte will still fall under tukde bandi act .

2. Mr gaikwade had purchase land from my cousin 1 managing registrar officer by showing low valuation of land with out joining zone certificate from MMRDA.

But If I purchase now showing real valuation of land I have to pay income tax penalty of 30% on valuation difference.

Please guide me easy way forward how I can borrow 6 gunte land from gaikwad

Member (Account Deleted)   29 October 2021 at 23:13

Probate and noc

I and my mother hold a joint property 50 -50 percent shareholding ,I have got father share 50 percent through release deed ,my father has died,now my sister is giving noc on stamp paper ,after taken noc still probate is required ,my mother has made will in favour of me

Anonymous   29 October 2021 at 22:00

Ownership title of stilt parking in co-operative housing soc

I am in a process to purchase in Resale a Residential Flat in a Co-operative Housing Society in Mumbai. This is a Seven Story Building with a confirguration of Stilt on Ground floor and residential flats on First to Seven floors. This flat is along with a Stilt Parking.

My Seller Booked and purchased this Flat and Stilt parking from a Developer in Year 1996, There is a Registered Agreement available of Flat (Registered at Joint-Sub Registrar- Kurla Judicial) which states that Stilt parking is allotted as an additional amenity confined to the said flat.

A Co-operative Housing Soceity was formed in year 2012, My question is as follows :
1. Can Seller Sells flat and transfer of Stilt parking (which is allotted as an additional amenity confined to the said flat) in One Registrable agreement to me ?

2. I Checked from Registrar Office, this wording is acceptable for registring the residential Flat & Stilt Parking in One agreement. Is this Challenge able other than Seller ?

3. Society says Stilt parking cannot be property/amenity owned by flat owners, Stilt parking is property of Society, no owner can sell it by mentioned parking slot no. in their concerned agreement, irrespective of Developer gave flat owner exclusive rights to park a vehicle in a dedicated slot. Is it True that I cannot own a parking space with the flat?

4. What is remedy as society is just saying its against Law, but no reference is provided by the Society nor they are willing to give anything in writing.

Your valuable feedback is highly appreciated.

M S Ali Khan   29 October 2021 at 21:57

To evict a son in my property

Sir, Actually i just want to know that i want evict one of our son from my property so what is the processure and also want a legal action against him that he will not do any criminal activity against me or any other family member while he is evicted.