Asad fasahate
07 December 2010 at 22:12
I have Agriculture land in Neral in my 7/12 showing land but in survey in map showing reservation in Road what is the prosedure to get TDLR how to confirm or where to get reply about that pls let me know.
Anonymous
07 December 2010 at 21:15
If the Allotment Letter / Agreement of Sale shows that the Property being sold / bought between the two parties is of commercial nature whereas Seller cannot produce the documents of Formal Approvals to prove it being commercial and when it is proved that Seller can only sell a Residential property and therefore Buyer cannot enforce upon him a suit of Specific Performance, then the only obvious way Court can compensate the Buyer is in the form of awarding Damages.
What would be the basis of calculating damage, since seller cannot deliver the commercial property to the buyer?
Will it be on the basis of the two rents i.e. commercial rent and the residential rent on per month/year basis for the entire expected lifetime of the property, or on any other basis?
GOUTAM ACHARYYA
07 December 2010 at 15:07
Sir,
Kindly clarify about Relinquish of deed. What meaning? Law about that?
Anonymous
07 December 2010 at 14:21
Greetings,
my father owned a flat in mumbai jointly with 50% shares on his name and 50% on my sister in law's name
after my father passed away his shares were transferred on my mothers name, so currently the joint owners are my mother and my sister in law
My mother has requested to submit the nomination form for her part of share (50%)
we are 2 brothers and 1 sister
she has distributed some portion of it
to my name some of it to my one brother and some of it to my other brothers (kids) and since they are minor she has appointed my brother as a guardian
i have submitted all the copies duly filled to the society secretary and have been requesting for an acknowledgement
however now they have come up saying there was one nomiation filled in last yr and a new one this year so the same needs to be over ruled so you speak to the lawyer ( who resides in our building)
when i spoke to him he says if children s names are not there we would need an NOC
if everyones names are there then you write a letter saying this nomintaion to be considered with every one signing it
i need you to advice me on following
1) since one of my brother is a gurdian and not a direct nominee - will this require his NOC or will it create a problem
2)last yr the nomination form that was filled was to have my mothers name put after my fathers death, so the form that is submitted recently needs to be considered i what i understand (in this case What letter is required and what should be the content of the letter) please help
Thnx
Anonymous
07 December 2010 at 14:18
Dear Sir,
My father wrote a Will which contains both self acquired as well as ancestral property. He has willed all the property to me irrespective whether the property is self acquired or ancestral.
What is the treatment of self acquired property under the WILL? What is the treatment of ancestral property under the WILL? I have one sister and she wants to challenge the WILL by filing a parition suit. My father and mother both died 6 years back.
Anonymous
07 December 2010 at 13:29
Still waiting for ANSWER for the foll. QUERY;
Can I challenge in court ( which court)the building occupants/ Flat owners to form a registered cooperative housing society since the building is illegal, the 3rd floor was built without BMC, Mumbai permission/ Approval. Sanctioned Plan is only upto 2nd Floor and also -2- flats of 2bhk is sanctioned whereas -3- flats are constructed i.e. -1- 2bhk, -1-1bhk and -1-room kitchen flat on each floor.The 3rd Floor Flat owners want to form a Society and recover the cost of FSI AND OCCUPANCY CERTICATE CHARGES abt. Rs. 8 lakhs upto 40 lakhs from all flat owners of 1st and 2nd Floor.
Anonymous
07 December 2010 at 11:55
What is the position in Cooperative Society Act in case of maintenace of a pocket terrace attached to a flat. Is it to be repaired/ waterproofed by the Society and expenses recovered from the respective member or is it to be repaired by the member? Are the expenses to be shared with the member, affected member and the Society on 1/3rd basis as in the case of leakages through toilets?
Anonymous
06 December 2010 at 23:29
as per attachment
Gist: SALE THROUGH GPA WHETHER IT IS COMPULSORY TO OBTAIN LETTER FROM THE EXECUTOR OF THE GPA THAT GPA ISSUED WAS IN FORCE AT THE TIME OF SIGNING THE SALE DEED AND IS IT NECESSARY TO CONFIRM AND OR RATIFY THE SALE DEED SIGNEDBY THE GPA HOLDER BY THE EXECUTOR? effect of non compliance ? other issues listed in the attachment.
See attachment for facts of the case in detail.
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CLAIMING OF DAMAGE DUE TO BREACH OF A CONTRACT PERTAINING TO PROPERTY SALE
This is with reference to my previous query on the same subject and answer of Mr raj kumar makkad.
Will the issue be settled in consumer court or other court of civil jurisdiction?
If the dispute is for the reasons of it being either Commercial or Residential, then on what could be the best way to put up your case and argument to settle for reasonable Damages?
also is there any leading case on this type of similar cases?