Kiran Pande
08 February 2011 at 20:05
We are 4 minority members who have not signed the consent letter due to non availability of floor plan, only a part of closed parking to members by the developer etc. Now after examining the indemnity bonds signed by the managing committee members, we find:
A/ It's being signed on Rs. 100/ stamp paper.
B/ Some members have signed after 15 days.
C/ One member has not mentioned any date while signing
D/ When secretary signed, there is no signature of a witness.
E/ There is an overwriting by a member of M.C.
F/ There is no signature/ acknowledgment of the bonds by registrar and we don't know whether the registrar is aware.
NOW OUR QUERIES:
Q1/ What should be the value of the stamp duty for an indemnity bond?
Q2/ If a member does not sign within 15 days?
Q3/ If no signing date is mentioned?
Q$/ Is witness's signature mandatory? Even for secretary who signs the indemnity bond?
Q5/ Does Indemnity bonds signed by the members of the managing committee requires acknowledgment/ signature/ stamp of registrar?
KIRAN PANDE
kiran.c.pande@gmail.com
09920991661
Anonymous
08 February 2011 at 15:59
Thanks in advance for legal opinion.
The shop/mall is in Gurgaon but builder's registered office is in Delhi.
Various documents from the builder state following:
"subject to jurisdiction Delhi only"
Can I still file a case in Gurgaon court/consumer court?
Anonymous
08 February 2011 at 13:43
1. Suppose “A”, “B” and “C” is the three brothers they don’t have sister,
2. all three and A’s wife and B’s wife are is died now and C’s wife is alive,
3. The A and C don’t have any issue .
4. B have two son both are alive. “A” have property (flat) in pune. The A and C don’t have any issue.
5. No WILL is created by “A”, but “A” gave power of attorney to B’s son
6. My question is whether C’s wife can clam in that property (flat) or only B’s sons have nominees.
Bhawani Mahapatra
08 February 2011 at 11:52
Dear Experts
A lease agreement is executed between "X and "Y" for certain thing wherein it is specifically mentioned in a clause that any dispute arising out of that agreement will be decided at the competent court where "X" resides.
"Y" resides at a different place. "X" and "Y" resides at different jurisdiction.
Now can "Y" file a suit at the court where he resides against "X" for specific performance of contract ?
Chandrika Subramaniyan
08 February 2011 at 09:07
Dear Lawyers,
I am in the process of selling a 35 Year old Flat in Chennai Mylapore area.The sale is set to conclude at Rs 5200000 (all white)for a UDS of 595 Sq Ft & Flat size inclusive of common area at 825 Sq Ft which is part of 6 flats building. My questions are as follows and would be grateful for a guideline.
1.In the sale deed, the buyer wants to segregate land value,Building value so that he can reduce the registration fee for himself plus value for furnitures built in(part of the flat) all of which will make Rs 5200000 and I expect to collect one DD for this whole amount. Now, will I be breaking the law by signing above deed and showing partial as land and building value towards LTCG computations and the balance as cost towards the furniture.Would this balance be considered as black money ? I want to be transparent law compliant .
2. The lawyer I am dealing with does not give me a an indication for his fee structure. His role in this has been minimal like talking to the buyer ( Initial sale price and agreement has been directly by self and the buyer as buyer is the tenant who resides there) , giving copies of documents (Copies were taken by the buyer paying his own money from the lawyer)for buyer's loan approval, to write the sale deed and register the property etc. I would be grateful for a general and approximate guideline for a Lawyer's fee.
Thanking You
Chandrika Subramaniyan
Anonymous
07 February 2011 at 23:12
I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now almost ready but the registration is not yet done.
The registration has not been done but an invoice/bill has been already sent by the builder/maintenance agency.
• Can builder or the maintenance agency/company already raise the bill/invoice for electricity and maintenance before registration of the property?
• Shouldn’t such a demand be raised only after registration of the shop/property?
• Is it same for residential complexes (society flats, …)?
Thanks for the suggestions and legal opinion.
Anonymous
07 February 2011 at 21:48
I booked, 2-3 years ago, a commercial shop in one of the upcoming malls in Gurgaon developed by a known builder.
I have made 100% of the payment. The mall is now ready but the size of my shop is about 5% smaller. I have been asking the builder to refund the excess amount but there is no response from the builder on my emails and registered letters.
* What can/should I do?
* Can I file a case in consumer court for refund of my money? The cost of the shop is about 30L and refund is about 1.5L
Thanks for the suggestions and legal opinion.
Anonymous
07 February 2011 at 21:47
Hi,
While registering sale deed in the sub registrar office, I found that there is a mistake in the layout name in the Sale Deed. It should be KPCL Layout but in the sale deed it was KCPL layout, that time our advocate made the correction by applying whitener in the sale deed along with extra signature(both seller and buyer)in the margin of the page. Then it goes for scanning. Next day I realised there is still one appearing KCPL instead of KPCL in the sale deed. In the latest EC it is appearing correctly. Do I need to proceed for rectification deed in this situation or it is ok? Our advocate is saying it is ok nothing to do now.
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illegal construction at open terrece
hi, in r socitey evry body(40pix) has done little altration in der houses but the chair persone has coverd d open terrece n lots of other illegal work,ven v ask managing commetie to take legal action againt chair persone so dey r pointing others dose has done vry small altration like increasd window size, shift der kitchen etc,in this sitiuation vat v suppose to do?