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vivek patil   12 September 2020 at 19:32

Property devolution

My Grand Father distributed his self earned and HUF immovable property amongst his 4 Sons located in Mumbai by registered partition deed dated 5 November 1955. in the same partition my father too got one property located in Western suburb of Mumbai.My name is also included in the same deed as a minor son of My Father .so there are three generation .my querry is will this be treated as a ancestral property? and since my name recorded in all govt documents as a joint holder am I entitled for 50% share in the same property .subsequently my other siblings one brother and two sisters born after year 1960. my father died intestate in year 1984.
as per latest supreme court judgement of Aug.2020 all are entitle for equal distribution of the property.is our property coparcenery property..please guide how to share the same amongst us.

Anonymous   11 September 2020 at 23:31

Pagdi system : evacuating on bonafide needs

Dear Lawyer's,

I would like to know, if say a father, mother and unmarried sister is living in a pagdi system building as an tenant. His son is staying in a flat purchased by him of his own.

The landlord is threatening to put an case of Bonafide need (though he owns half the building already) and evacuating my father.

Do please share your thoughts on the same. What can be done to keep the flat safe with the father.

Anonymous   11 September 2020 at 15:10

Property dispute

My grand father has 5 sons and 2 daughters he purchased a plot 36 year's back of 10 acrs on 3 sons name on elder son 4acrs 3 & 3 acrs for two minor sons that is still in single plot of 10 acrs which they have not divided can other children get there right in that

Rajasekar Venkatesan   10 September 2020 at 21:44

Chennai flat re development issues

There are 90 owners in a registered association of Flats in CHennai
The building is damaged and few are totally rendered unusable.
In a General Body Meeting attended by 67 owners, it was decided to reconstruct the flats through JV with a builder.
Now 89 owners have signed written consent to go for re-development through the builder
One owner is not cooperating.
Is there any legal remedy to get the owner onboard? All are suffering due to this one owner.
Kindly guide and suggest
Thanks

Ajit N Katkoria   10 September 2020 at 19:30

Issue of duplicate share certificate

Dear Sir,
One of members of our housing society had applied for duplicate share certificate because his original share certificate was destroyed in fire. This fire occurred in the Bank from where he had taken housing loan and same was repaid/settled fully in 2019. So, let us know what are the documents that our society member has to submit to the society basis of which we can issue duplicate share certificate adhering byelaws of the society....Thanks.

Secretary of the Society

Stephen   09 September 2020 at 14:56

Seeking urgent help in matter relating orders and execution

Dear Sir,

I am a retired person, had filed a OS and won the case some 5 months back.
The order states the defendant to pay with interest and cost. The original suit
was for 42 laks for which I paid 1.82 laks court fee.

I checked in cash department and came to know the defendant have not paid any money
What are the possible ways and remedy I can use in getting
my recovery of 46 laksh as per order of the court.

As the defendant is untraceable so I am unable to determine what moveable or immovable
property he has. how to determine this and will court help in this regard and importantly

What format of the execution petition to be written and what supporting
documents to be provided and what steps to follow post filing application

Pl help help help

Thanks in advance

Regards
Stephen

Vikas Latey   09 September 2020 at 12:23

Division of maintenance charges under various heads by chs

Dear Sir

I am a member of a housing society in Pune having a complex of 1BHK, 2BHK & 3BHK flats. I would like to get your opinion on the division of maintenance charges under various heads proposed by the Managing Committee for the upcoming AGM. In our opinion, MC is trying to put all expenses under the head of "Service Charges" so that all charges are equally divided among 1BHK/2BHK/3 BHK owners as all members of MC are from 2 BHK & 3 BHK. Moreover 1 BHK owners are less in numbers, so they can't vote out resolution proposed by MC.

1. Construction cost is purposely kept low (1100/- per Sq. ft) to reduce SF & RMF of 2/3 BHK owners as it is proportional to flat size.
2. Equal flat area is used for the same type of flat even though flat size varies among the same type.
3. Running cost (Chemicals etc) of WTP/STP & RO plants which produces fresh water from raw water.
4. "Pest control/ duct cleaning of building etc.
5. Water tank cleaning & sludge disposal
6. Gym Equipment Servicing charges
7. Swimming Pool Cleaning Material
8. Electricity Charges & Diesel for running WTP, STP & RO plant.
9. Generator & Transformer Servicing Charges
10. Water Tanker Charges
11. Fire Equipment Servicing and Certification
12. LPG Bank and Pipeline Service Charges
14. AMC of Lifts

Kindly give your opinion.

Vikas Latey   09 September 2020 at 12:19

Division of maintenance charges under various heads by chs

Dear Sir

I am a member of a housing society in Pune having a complex of 1BHK, 2BHK & 3BHK flats. I would like to get your opinion on the division of maintenance charges under various heads proposed by the Managing Committee for the upcoming AGM. In our opinion, MC is trying to put all expenses under the head of "Service Charges" so that all charges are equally divided among 1BHK/2BHK/3 BHK owners as all members of MC are from 2 BHK & 3 BHK. Moreover 1 BHK owners are less in numbers, so they can't vote out resolution proposed by MC.

1. Construction cost is purposely kept low (1100/- per Sq. ft) to reduce SF & RMF of 2/3 BHK owners as it is proportional to flat size.
2. Equal flat area is used for the same type of flat even though flat size varies among the same type.
3. Running cost (Chemicals etc) of WTP/STP & RO plants which produces fresh water from raw water.
4. "Pest control/ duct cleaning of building etc.
5. Water tank cleaning & sludge disposal
6. Gym Equipment Servicing charges
7. Swimming Pool Cleaning Material
8. Electricity Charges & Diesel for running WTP, STP & RO plant.
9. Generator & Transformer Servicing Charges
10. Water Tanker Charges
11. Fire Equipment Servicing and Certification
12. LPG Bank and Pipeline Service Charges
14. AMC of Lifts

Kindly give your opinion.

Anonymous   09 September 2020 at 12:07

Division of maintenance charges under various heads for chs

Dear Sir

I am a member of a housing society in Pune having a complex of 1BHK, 2BHK & 3BHK flats. I would like to get your opinion on the division of maintenance charges under various heads proposed by the Managing Committee for the upcoming AGM. In our opinion, MC is trying to put all expenses under the head of "Service Charges" so that all charges are equally divided among 1BHK/2BHK/3 BHK owners as all members of MC are from 2 BHK & 3 BHK. Moreover 1 BHK owners are less in numbers, so they can't vote out resolution proposed by MC.

1. Construction cost is purposely kept low (1100/- per Sq. ft) to reduce SF & RMF of 2/3 BHK owners as it is proportional to flat size.
2. Equal flat area is used for the same type of flat even though flat size varies among the same type.
3. Running cost (Chemicals etc) of WTP/STP & RO plants which produces fresh water from raw water.
4. "Pest control/ duct cleaning of building etc.
5. Water tank cleaning & sludge disposal
6. Gym Equipment Servicing charges
7. Swimming Pool Cleaning Material
8. Electricity Charges & Diesel for running WTP, STP & RO plant.
9. Generator & Transformer Servicing Charges
10. Water Tanker Charges
11. Fire Equipment Servicing and Certification
12. LPG Bank and Pipeline Service Charges
14. AMC of Lifts

Kindly give your opinion.

seniorcitizen   09 September 2020 at 00:58

Co-oprative housing society

Can the member of a cooperative housing society take recourse to Consumer act? Is he considered a consumer? Are there any decisions of consumer fora in the matter?