Anonymous
20 August 2011 at 14:21
Dear Sir,
I had booked flat in Kamothe in 30th Sept.2009 (Agreement date )and make payment as per slab mention in the agreement.
I have paid full amount to the builder in August 2011.
Building is ready and builder demanding Registration Charges and Grill charges, in cash, while possession. Same payment clause not mention in the agreement. Also, he is not giveing us receipt for the same.
Please help..
rkj10
20 August 2011 at 10:57
I am the owner of top floor of builders floor developed in vivek vihar area.As per registry my ownership rights are alongwith the roof rights with a condition that owners of Ist,IInd and IIIrd Floor have a right to go to roof only for water tank and TV Anteena.I always use to lock to door of roof and whenever owners of other floors asks for key I use to give.
Now they took a IGL Connection for which pipe line has to go through roof.They without consulting me got it done.My queries are:
1.Whether I have a right to lock the door in confirmity with legal laws.
2.As per them Boundry(munder) of the roof is common which I do not understand because Roof is always surrounded by boundry.Please clarify.
3.I have heard that as per latest decision of the court owner of the top floor can even dismentle the waters tanks of other owners.Please clarify.
4.Also would like to know the rights of the owners of the builders floor
Mool Raj Vyas
19 August 2011 at 21:49
Under an Agreement to Sell dated January 20, 2010, duly registered, the date for getting the sale deed executed had been stipulated to be April 2010 on/after payment of sale consideration amount and it also provided (a) additional payment of interest @15% per annum on unpaid amount calculated with effect from March 1, 2010 (b) payment of advance money vide four cheques that also included a post dated cheque dated July 2011.
The buyers have not paid balance consideration money. Even the post dated cheque dated July 2011 , forming a part of the stipulated advance has been bounced. The seller has sent a notice for dishonor of bounced cheque under NI Act and have asked for payment in lieu thereof.
Now:
(a) Whether the buyer is entitled get the SALE DEED executed on making payment of consideration money ignoring however the matter of payment of interest beyond April 2010.
(b) Whether the seller is entitled to get the Agreement to Sell, rescinded on the ground that basic condition of payment of advance money even was not fulfilled by the buyers.
(c) Whether it seller is entitled to get the Agreement to Sell, rescinded on the ground that date of execution of sale deed as stipulated therein has been passed without the buyer having paid the balance sale consideration and interest payable under that Agreement.
(d) Whether it is necessary for the seller to rely simultaneously on both the grounds [that are mentioned in (b) and (c) above] for rescinding the Agreement to Sell.
(e) Whether sending of a formal letter of rescinding of Agreement to Sell is necessarily required to be sent and if yes which of the grounds need to be cited= whether (a) (b) or (c) that both and (a) & (b) simultaneously. Whether there are any specific formalities that need to observed for this purpose. Whether such a rescinding can be abrupt or the buyers are to be given some notice for reasonable time say a month or two – for making the entire payment- even in the circumstances where buyer has not fulfilled even the initial promise in totality.
(f) Whether seller is entitled to forfeit ‘that part of advance money that was paid by the buyer’ on the ground of delay in execution of sale deed that resulted into the harassment and loss of opportunities for which buyer had decided to make the sale of property.
Manoj
19 August 2011 at 21:39
Hello to all experts
A Land is owned by a Company in State of Gujarat. N.A. Permission in respect of said land dated 20-12-1997 for residential purpose is granted by District Collector under Section 65 of Bombay Land Revenue Code 1879. The N.A. Permission is granted with stipulations that
(1) Construction should be started within six months and completed within 3 years
(2) when construction is started it has to be informed within one month to the collector
(3) renewal of N.A. Permission within a reasonable time.
The Co. has not carried out construction within six months and till date no constructed has been done.
My Query is as follows :
(1) As no construction has been carried out is the the N.A. permission dated 20-12-1997 should be considered as elapsed., the occupant has not received any notice.
(2) The above mentioned land is mortgaged to the Bank as Security for financial assistance granted by the Bank. Now if the Mortgagor commits any default in repayment can Bank enforce the security.
(3) What steps are required to be taken by the Bank in order to secure or protect its interest.
(4) Whether Bank can ask/force the Occupant to get the N.A. permission renewed. Whether it can be renewed
(5) What is the status of the land in this case, will it be considered as agricultural land
(6) What legal steps are required to be taken by the Bank
aditya vikram daga
19 August 2011 at 17:39
hello sir
i stay in kolkata in a rented flat which is rented by the company i work in.the landlord of the flat is very bad in nature and she abuses every person who visits us.recently we were carrying out repairs in the house when she called up the police and told them that she is a heart patient and so she wont allow the work to be carried out.she has sources in the police and so the work had to be stopped.she also uses slangs sometimes.what is the remedy that i can get against such a landlord.please help sir
brindha devi
19 August 2011 at 16:44
sir,
my grandfather have 2 sons and 2 daughter he gave share to all children except my mother..this is grandfather own earned property.
if my mother claim means any chance to get the share or not?
my mother's brother plan to construct new house in my grand father property..
if my mother put case did they have right to construct or to stop the construction?
legally pls help me and guide..
Anonymous
19 August 2011 at 16:10
Iam a christian . In the year 1985 i purchased a site for rs.120000 in my mothers name.my mother died in the year1990,interstate.Now my elder sister is claiming part of the property even though it was bought after she got married.I have my mothers original bank pass book,which can prove that she never worked and all the money was sent to her by me when i was working in Saudi Arabia .Can I win this case ?
Anonymous
19 August 2011 at 16:05
Iam a christian . In the year 1985 i purchased a site for rs.120000 in my mothers name.my mother died in the year1990,interstate.Now my elder sister is claiming part of the property even though it was bought after she got married.I have my mothers original bank pass book,which can prove that she never worked and all the money was sent to her by me when i was working in Saudi Arabia .
Anonymous
19 August 2011 at 15:54
Sir,
I am planning to purchase a 45 year old house having ground, first and second floors. The actual owner of the house is having his wife, one son and two daughters. All are married. The owner has purchased the land and constructed the house out of his own income (not inherited property). He registered the house to the grand daughter (son’s daughter) through gift deed. Later the grand daughter got married and went to USA. But before the original owner died, he himself revoked (cancelled) the gift deed in the same registrar office. After his death, his wife, son, and daughters want to sell the house. But the grand daughter is claiming that she is the actual owner of the house and objecting for the sale of the house by the above mentioned persons.
I want to know whether the revocation of the gift deed done by the actual owner is valid or not. Whether the above mentioned persons has the right to sell the property or not.
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Sale of property on poa
My mother had issued a POA to my uncle in 1990. The word General Power Of Attorney are mentioned on the first page. It is a property governed by a partnership firm in which they are partners. Now my uncle in the year 2005, sold the property @ 97 percent less than the stamp duty rate to his own sons. Also in the sale deed he has mentioned he has passed a resolution and is therefore duly authorised to execute the deed. I think he has used the POA to sign on my mothers behalf on resolution without letting us know. Now what are my options. Can I file criminal complaint. Also kindly note that the POA is not registered but attested by government officer " mamledar".