Rahul Jhunjhunwala
27 October 2010 at 22:16
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
Kannan Kandasamy
27 October 2010 at 21:18
Dear Sir,
Our Grand Father had 3 sons & 1 daughter. He expired in 2006 leaving a Registered WILL in favor of his 3 sons only and given no share for his daughter. Most of the properties were self-earned by our Grand Father and a little property was ancestral. We are Hindus and were residing at Chennai from our birth and Grandpa’s property is in Tinneveli which is taken care by our younger Uncle who was staying with our Grandpa in our ancestral house & another uncle in Kerala.
Our Father expired in 2005, leaving our mother, my younger brother & myself alone.
We asked to do the Partition of our Grandpa's property from 2006 itself and they didn't do partition and keeps on postponing saying one or other silly reasons.
Meanwhile in 2008, our Aunt (Grand Father's daughter)had filed a suit in the Court asking for share in our Grandpa's property and the case is still in pending.
Latter in 2009 myself & my brother signed in a partition deed in a 20 Rupees Stamp paper [{my mother gave a Registered power of autonomy for me for our Grandpa's property}(me -> for Myself & for my mother)]and our 2 uncles also signed in the same. At that time itself i told that the property is not shared equally into 3 parts and we were given a little share only when compared to our 2 uncles. But our relatives said that the properties are shared equally and the properties which come under your share are of more value and the properties given for your 2 uncles are of less value and so only the total property for them seems to be high. Believing their words we signed in that 20 Rupees Stamp paper, which is not yet registered.
Now my question is whether that Unregistered Partition Deed is Valid or not?
Because latter I came to know that by Government value our share comes around
5 lack rupees, while our uncles share comes around 10 lack rupees each and so i didn't accept for registering that Partition Deed.
But using that Unregistered Deed one of our uncle had transferred his share(as per 20 Rupees Stamp Paper) to his 2 sons name & another uncle transferred his share (as per 20 Rupees Stamp Paper)to his wife's name.
What should I do to get Equal share?
Please advice me in this regard.
Any advice will be very much helpful to me & our family.
Also if any other detail is needed also please inform me & I'll send it immediately.
Thanking you
K.Kannan
+91-9489622056
Habib
27 October 2010 at 20:59
I need legal advice for transfer of my flat in co-op hsg scty in mumbai.
Sir I have been staying in khar - Mumbai for last 5 years. This flat is owned by my father. The nomination is mentioned in agreement in my name, as the CHS did not exist when he had purchased the flat. I lost my father last year.
When I approached my society commitee for transfer of shares in my name as sole owner based on nomination. They asked me to furnish relevant papers to society. I had furnished the following documents:
NOC cum AFFIDAVIT from my sisters
Indemnity bond
Death certificate of my father
ULC certificate stating I do not hold any other property in this area.
Original share certificate
Copy of the agreement
A meeting was conducted by society and I was told that there is no nomination and to get the Succession certificate. I questioned the committee whether they read documents that I had submitted and they said “No”. I told them to please read those documents and also get them verified from your lawyer if there is any question. The committee agreed to look at the documents and discuss with lawyer.
Around 20 days later, I again checked for the same issue with the committee. And found that they have not done anything about it.
Now my society has not looked at any of the documents submitted to them. They did not even accept the true copy of the documents. They are asking me to furnish "SUCCESSION CERTIFICATE" in addition to above documents. I need expert/legal opinion that "SUCCESSION CERTIFICATE" is required for transferring shares in my name when there is nomination in my name for the said flat & i have submitted the required documents within the 6 months from the death of my father.
Please advise me whether "SUCCESSION CERTIFICATE " is must when i am the nominee & i had submitted all above documents.
Rahul Jhunjhunwala
27 October 2010 at 20:30
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
sandip c
27 October 2010 at 18:20
My father was a land owner.He had given the land for construction to builder.Building is constructed and society was formed.3-flats alloted to my father.My father died without making will.This year conveyance deed is to be done.We are four legal heirs.what is the role of all four heirs in conveyance deed.There is name of my father in 7/12 extract.what is property card.Plese tell me steps of convevance deed.
AJIT KAWATKAR
27 October 2010 at 13:10
we are 6 heirs & have 8.5 acres of agri. land in maharashtra.The 4 brothers are cultivating giving very little produce to [2]sisters for last 15-20 yrs. Now thy want to pay-up our share by way of money;which is way below the market price.In such a circumstance whether we can ask for the partition of 2 acres under the law in maharashtra ?Is any other remedy available ? kindly guide !
Anonymous
27 October 2010 at 11:32
For new appartments initially builder takes care of the maintenance of the building initially.
But the maintenance amount he collects from the flat owners in this scenario.
Can flat owners object on the undue expences shown by the builder under building maintenance?
do flat owners have any rights to ask builder for the account of maintenance expenditure?
Anonymous
27 October 2010 at 11:29
I have purchased an appartment recently. I have following queries.
> Is it upto builder only to decide how much land share flat owner should get?
> Can builder consider his illigal flats in the appartment while allocating land share to flat owners?
Suchitra. S
27 October 2010 at 10:08
Respected experts, please let me know what all documents are needed to get a succession certificate. My friend's father has expired and they need to use his bank accounts till the property gets divided. No will is executed by the deceased. I suppose they need succession certificate to submit to the bank. But do not know the procedure to be followed to get one.
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Suite Pending with HC - Conditional Sale Deed
Hi,
We have been fighting for an ancestral property for about 25 years now. We lost the case in lower court hence the we filed the case in the high
court.However, my opposition party has made a conditional sale of this unsettled property along with other litigators. I have the following questions in this
case:
1) A case that is pending with the High Court if sold per a conditional sale-deed to a third party be deemed as a Contempt Of Court and both the parties(our
opposition & third party) be liable for a criminal prosecution ?
2) The purchase has been done in the same of some benaami persons? Can these persons be legally prosecuted.
3)Can a Registrar of the Taluk Office be made sued for making a conditional sale deed of such property which is due for a verdict from the high court.
4)Can such property be brought to the prohibited list of the Taluk Office inorder to get the property secured against further benaami registrations
5)There is mention of the clause in their conditional sale deed that if our opposition party looses the case, then our opposition will not be liable to repay the sale-deed proceeds. Does this have any impact if we do not proceed criminally.