Navraj Singh
28 July 2021 at 16:21
We have two adjacent plots. One in name of Guruprit and other in the name of Hanspal. In the plot of Guruprit there are two floors constructed. Ground floor belongs to Guruprit and 1st floor belongs to Hanspal. Now the stairs to the first floor are constructed in the plot of hanspal. Hanspal wants to free his plot and remove the stairs, thus altering the stairs to take it from within his house. This will disallow the ground floor residents to go up to the terrace. Can he do that? We consulted an architect and he said that the house will come down if the staircase is broken as most of the house rests on the stairs. Hanspal is adamant. He wants to proceed. Can be get a stay on this? What can we do to save out house??
Anonymous
28 July 2021 at 13:58
If any person not willing to give water pipeline connection from his land then this is legal or illegal??
Anonymous
27 July 2021 at 20:14
Request only the Legal Professionals well versed with Maharashtra Co-operative Societies Law to answer in very specific according to the relevant legal provisions. Building A has 30 flats and it goes into redevelopment with Builder B. Builder B builds a new building with 48 flats. He sells 18 flats to new flat purchasers under sale agreements between builder and flat purchasers. MC has a verbal understanding with Builder that he will collect from / ensure payment by new flat purchasers of Rs 25000 towards share transfer chares/fee. Builder accordingly includes the clause in few flat sale agreements and does not include in few agreements. When 18 new flat purchasers approach MC for membership, MC insists that as per understanding with the builder, Rs 25000 must be paid by all. New flat purchasers submit that
1. Their case is the admission case under Bye Law 19 which does not prescribe payment of transfer charges/fee of Rs 25000. Builder is not member and hence it is not case of transfer from builder to new flat purchasers. Bye Law 19 authorises collection of only Rs 100 entrance fee, Rs 500 transfer charges and value of 10 shares. Nothing apart from this can be collected.
2. Transfer Charges Rs 25000 were to be collected under Bye Law 38 ‘Transfer of Shares and Interest in Capital/Property of Society’. Circular no SAGRUYO-2001/PRA.KRA.188/14-SA of 9.8.2009 also states that “The rate of the premium to be charged while transferring flat/gala of the member in the Co-operative housing societies and his share in capital/property of the society should be determined by the general body..” and then lays down maximum limit as Rs 25000 for Municipal Corporation’.
3. That Rs 25000 is to be collected from new flat purchasers was neither approved by general body nor was included in Redevelopment agreement fearing that it would be against law to do so. It was just an instruction by some influential members of MC to the builder.
MC continued to insist that they had verbal understanding with developer to take Rs 25000 as charges and new flat purchasers may fight with builder but must pay Rs 25000 if they wanted membership. Finally new flat purchasers paid Rs 25000 because without membership MC would have rejected their rights and participation in society affairs and they did not want to involve DDR to further complicate the matter. Also, institutions which had given loans were insisting on share certificates. New flat purchasers then placed their case before general body and requested general body to approve refund of the amount collected by MC else membership would not have been conferred. Queries are;
A. Was collection of Rs 25000 from new flat purchasers in violation of regulatory provisions ?
B. Can MC argue that what is legally not permitted for society, it can do through Builder ?
C. Is it within authority of General Body to refund the amount so collected and give relief to new flat purchasers.
Anonymous
27 July 2021 at 16:47
Dear Sir,
As per your suggestion in my last query, in my friend's case where the transfer deed of flat in society is in his fathers name and after his fathers death his mother and he the only heirs , now the society membership is in his mother name now we will execute a gift deed of 50% of mothers shares to her son , but whether this gift deed confer the rights to son to sell this flat in future , does buyer will get absolute title , does buyer objects for this gift deed.
your opinions will help me a lot .
Anonymous
26 July 2021 at 20:33
Respected Experts Good Evening Plz guide for the below issue One chinayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donated to local temples. There is a great history regarding village deity, that the ancestral of chinayya found a small statue believed to be village deity, while ploughing his agricultural land. Since then they adore said village deity and instructed their descendants to follow the tradition of worshiping goddess. One house is more important, as it is the worshiping place of local deity, ammavaaru. At first instance said statue was brought to that house and later a temple constructed in their Field. Since then temple is being run in the supervision of a committee with local people. That house is called as the Maternal house of deity. On every auspicious occasion the family of chinayya has to visit temple and invite goddess to maternal house. Said chinayya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendants have to perform first puja and present clothes and ornaments to deity. On every dusherra these family members must visit the temple and worship in said house for ten days. Deceased Chinnayya had Two sons and Three daughters. Narasimha is eldest son and Nagayya is Youngest son of deceased. Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house (Maternal house of diety) infavour if Narasimha, without the knowledge of other legal heirs or grand children, who are interested in continuing the tradition of adoring deity with faith. Now Anand, son of Narasimha restraining the legal heirs not to enter into the worshiping place/ maternal house of deity. And also trying to sell away vacant land of joint family property without the consent of other legal heirs (third generation) of deceased chinnayya. And he proposed to sell the maternal house of deity also. daughter and son of Nagayya and other are claiming their right to worship goddess in said house as it is the custom and they strictly follow the tradition of ancestrals and share in the said land property. But son of Narasimha by name Anand applying his muscle, money, caste strength to restrict the descendants to perform the ancestral custom of worshiping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders. In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps Can approach proper court praying to allow them into maternal house of goddess to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft. for immediate relief or else they have to serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief at the earliest
Anonymous
26 July 2021 at 16:21
Dear sir,
I got married and my mother in law having two son's. one is my husband and another one is my brother in law. We are in different city. They are in village. My mother in law receiving patta now for her land. My brother in law getting EB and water connection with his name. Is it possible to get eb and water connection with my brother in law name? How? I want to know whether my mother in law transferred or changed patta in my brother in laws name. Is it possible with out knowing my husband's knowledge?
Is there any chance to give that land to my brother in laws name without informing to us?
Thanks in advance
Anonymous
25 July 2021 at 20:28
Hi Sir/Madam,
Hope you are safe and doing great.
My Parents purchased a site of 200 sq yards in the year of 2000 near Ramoji Film City, Hyderabad. We have all the documents with us and also EC is available on our name in the online sites. But we are unable to find the land physically. We reached out to officials on multiple occasions but they never gave us the required answer. We also reached a lawyer, he was discouraging us about the land and he asked to sell land to him for 2 lakhs which is not even 10-15% of the market value.
Can you guide us with your suggestions.
Thanks in Advance.
NIMESH
25 July 2021 at 17:10
Respected Sir,
I had agriculture land in mp having survey no 3/2 few days back I was searching some case on rcms site so came to know about one order of SDM on dated 2-10-19 for Wajib ul arz passing order of way from survey no 1,2,3,4 based on letter from gram panchayat and patwari. Directing the patwari to mention the way in wajib ul arz based on map provided in file and put case in head B-121.
Here in above situation I had not been issued any notice nor informed me about the same and an order is passed by SDM for way. Though the land recorded in wajib ul arz is for way is not 3/2 but in map they had mentioned the same in my survey no. also in 2016 I had won the case before tehsildar stating that there is no way from my survey no.
So please guide me about the process to be followed by SDM before passing Order?
Remedies available to me or action need to be taken from on my side?
Thanking you in advance.
Rohan
25 July 2021 at 01:12
The goa law states that not more than 50% of the property can be disposed by way of "Will/Gift" by the testator.
Since the Goan law functions on communion of assets when 2 people get married. Hence, both the persons own 50% each of total assets.
Question 1: Here does disposable quota mean 50% of fathers/mothers share(i.e. 50% of their 50% share holding) or does it mean 50% of the total property(i.e. their entire share 100% can be disposed of by will individually)?
Question 2: If there are 2 houses and both the parents(father & mother) decide to make a "Will" stating House 'A' to one child and House 'B' to another child. Can any of the child challenge the will if any one feels the value of the house declared to be given to them in the 'Will' is of lower value.
Question 3: Can the property's declared in the will be excluded from collation?
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Selling property to my father against sales consideration
I want to sell my flat to my father against sales consideration (paid by him in full). The sales deed would be stamped and registered accordingly. I have below two queries Query (1) Can I sell the flat to my father and myself (as second name) so, I can handle day to day affair of this flat. My father is 81 plus. Query (2) If I can not add my name, and I sell to my father and my son (minor, represented by his mother means my wife). Can my father make me exclusive heir in this sales deed itself? So, my son (after becoming major), and I can sell the flat when my father is not there. Thank you in advance for your help and guidance.
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