Ananyaa Nair
14 August 2024 at 16:47
A flat owner in our society wants to mortgage his flat for business loan approx 30 crores. The property value is around 1 crore. The bank is asking for NoC from society.
He claims to have mortgaged other 3 properties as well which are elsewhere. The bank request letter only mentions to provide an noc for this flat.
What precautions should the society take while issuing such noc
Franklyn
06 August 2024 at 14:13
Our society in Mumbai was redeveloped in 2008 after which I was allotted a first floor flat as against the ground floor one, I was staying in the old building. My flat is now 102 and my neighbour is 101. Now below our flat on the ground floor there is ICICI Bank, which is a tenant of one of the members. Extended from the typical elevation of the building from 1st to 7th floor, there is a foyer area of the bank, the ceiling of which serves as a terrace for our flats 101 & 102 and our kitchen and bedroom open out to it.
For cleaning the filth caused by bird droppings, fallen leaves and dust, we had made an access door from the kitchen as it directly impacts us and is a health hazard for us if not regularly cleaned. The society was OK with it all along but now we as Super Senior citizens in flat 102 have moved to a Care Home and have rented the flat. The society says tenant has no right to use this terrace and has locked it.
Regardless of member or tenant, the health hazard is the same for the residents if not cleaned frequently. Please note, this terrace area does not figure in our flat agreements with the builder nor does the extended foyer area figure in the BMC approved plan of the society. We have not asked the builder for the terrace but got it because of the architectural plan after redevelopment.
Kindly advise what is our recourse under the law, we have no objection to it being demolished. No other flats in the building can access the terrace from any common area of the society.
Your advice will give us the direction we need to move to have the matter sorted out.
Thank you.
Franklin D'Souza
aman
03 August 2024 at 14:20
Respected experts
We are two brothers and our father made separate wills for us ..my father had 6 shops and he gave 3 shops to me in his will and he mentioned like shop no 1,2,3 to elder son and shop no 4,5,6 to younger son (me) there is no dimension or total area of land mentioned in that will .. municipal corporation office (Nagar Nigam) has done mutation in my name for my 3 shops and I am paying property tax also ..I got electricity ,water and sewer connections also in my name …I tried to get regular mutation in tehsil but they refused that there is no dimensions and area of land mentioned in the will …please guide me what procedure should i follow to get mutation done ..
Anonymous
30 July 2024 at 15:57
Hi Sir/Madam,
I have done the registration in the month of March 24 and as per the agreement I had to pay the full and final amount within 180 days of the agreement and it's paid this month on 22Jul.
After the verbal discussion with the saller for the bank loan I have executed the agreement of 48L so where the deal was for 45L now bank have paid the balance 43L to saller and he was supposed to give me 3L back to Clear my personal loan I took for the initial payment of this property.
Now he deducted the 15K from 3L. Now he is not giving me the 50% of society transfer noc amount I trusted that person as he is our neighbour from last 15 years so as per verbal discussion he asked me to pay for noc charges now and told he will give me afterwards and now he is not giving me the possession. We asked for the rent he is not ready pay so and as per the agreement which clearly states that till the time of possession property tax payment or all other dues to be cleared by the saller. He is not ready to pay the tax amount as well now.
On basis of this can you please suggest what legal steps should I take to get my amount and possession.
If I would like to cancel can I get this deal cancel and ask for the full amount with compensation.
Thankyou
Dhimant Dave
Anonymous
30 July 2024 at 10:53
My Father in Law (my wife's father) has an ancestral agricultural land of 4 acres in Kolhapur, which was transferred on his name by his father. He also has a 1 married son. He is unwilling to give any part of this land to his daughter (my wife) & also not ready to include her name in 7/12 extract. Does she have any right of claiming any part of this land if her name is not included?
bharat khatwani
28 July 2024 at 17:49
defendants often claim that they never received registered letters (RPAD)/speed post/registered post, even when website of postal department confirms delivery. This old trick is routinely accepted by courts, frustrating the petitioners struggling for justice .How to counter this?
Anonymous
27 July 2024 at 11:17
A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,
1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You
Mainak Dutta
26 July 2024 at 22:13
Hi, I live in Kolkata, West Bengal. My father is trying to sell an old flat of ours which was allotted to him though a cooperative society on 1986. Now the buyer is trying to get a loan and the bank is asking for an NOC from the cooperative society, but that particular society doesn’t exist anymore. All of the members died and no new body was formed. What will be the next step here?
Anonymous
25 July 2024 at 17:03
I am going to purchase resale flat in housing society. However on the sale agreement the floor number is mentioned correctly as First floor. But on the sale deed in some parts, floor number is mentioned as second floor and in some parts it's mentioned as first floor. Flat no. is correctly mentioned everywhere.Can I proceed further with this deal ? Thanks alot for this advice 🙏🏻
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Payment of rent
MY HOUSE OWNER DIED EIGHT MONTHS BACK LEAVING BEHIND HIS WIFE AND ONLY DAUGHTER AS NOMINEE . SINCE THEY HAVE NOT SO FAR GOT THE LEGAL HEIR CERTIFICATE THEY HAVE ASKED ME TO DEPOSIT THE RENT IN THE BANK ACCOUNT OF THE DECEASED . I HAVE BEEN DOING SO SINCE THEN . IS THIS RIGHT ?
THE RENTAL AGREEMENT HAS ALSO EXPIRED AND HOW TO RENEW IT NOW ? THEY ARE KEEPING QUIET .