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Anonymous   12 August 2010 at 11:59

Drainage Leakage

i am holding a flat in one unregistered society and there were some maintenance work which was supposed to be carried out by the society and they prolonged for many days and months after repeated complaints and that too retaining the society money and later on they decided to carry out the same by using the retained society maitainance money.

So, now letter has been issued to the society giving information of all the expenses made by us and asking for the latest update of outstanding maintenance money which is due by us inorder we settle our account at the earliest and in the same letter we have also complained about the leakage from the society drainage pipe which brings foul smell and we have also leakage from the top floor of our flat, who is president of our society.

The said letter is sumitted on May, 2010 and till date, society has not even bothered to reply to my letter and requested our president to atleast do something that leakage may stop from his flat, but he becomes aggressive, using his power as a President.

I have now issued a letter to Municipality but till now leakage has not stopped. Now my problem is that as the society is not registered so i cannot approach registrar office. Can anybody help what can be done ???

I am physically handicap and i have two sisters and a mother staying the flat. My one sister is also handicap and mother has gone hold. If this problem brings sickness like malaria who is responsible ?

Is Society and President taking advantage of our helplessness being physically handicap ? If we can book these people under IPC or FIR ? Please let us know urgently before i loose my family members permanently due sickness

Await yours

Anonymous   12 August 2010 at 11:09

Right of Flat-owners under Aprtmnt Owner Act

Can AOA Managerial Board without the approval of GB or a contrived majority in an adjourned meeting in prsence of a handful members because of low publicityof the vital item of the agenda take steps to ener into an agreement with external agency to handover the property for erecting multi storey tower-type residential complexes in place of the existing hpusing complex.

If such a conspiracy is hatched what wil be the legal or other remedies available to the present Flat-owners who are (almost a good number of them) are socially inactive senior Citizens.

Anonymous   11 August 2010 at 19:09

Break an agreement of land deal

My Dear experts,

Please advice me at the earliest. I appreciate your suggestion.

I have undergone an agreement to sell my land around 30 cents 1.5 month's back. I am not interested in the deal now due to personal problems.The registration is not done.The land is currently under my possession. So I have to break the initial stamp paper agreement( -expires august 31,2010) I made with the buyer even if the buyer doesn't agree with this.I will pay the money that I received. In the agreement , It says- "...Both parties have agreed and the buyer has the right to do the registration..." So my query is that, How can I cancel this agreement without any trouble in future? What actions should I take right now?

Thanks a lot,

dhanu m

Rajyaguru Maheshchandra ramesh   11 August 2010 at 18:55

Validity term of sale deed after death of selling person

My sisters husband died in 1983 the inlawside relatives are producing one document that the person who had died had sold the property to us he had made anagrrement of sale with us and we have paid him most of the amount at different times. The disputed plot only is left untouched, as the departmental co-oprative society was served the notice during the case filed by my sister for estblishing her right overthe properties purchased by her husband and which he was owing on his name other properties thou the case was going on her inlaws have disposed off. How she can preserve her right over herin herited the only left property which willbe the dwellig source for her?My sisters husband He had married my sister by G.J.Mandir name,who was serving in P& T Departmentby name Babulal.J. Mandir. He died in 1983, He possesed One plot in P& T cooprative housing society, One building on his namewas according to revenue and Municipal records G.J. Mandir,and one plot. Out of these the plot in P& T. society alloted to him on the name which he was serving with P.& T depart ment ie. Babulal J. Mandir. In P& T Department he had done the nomination of my sister.
My sister had filed an application with the district court to preserve her succesion rights and stop her inlaws withdrawing the service and other benifits from P.& T depart maent till 1986 the case remained without any decision After a specialCivil application in 1986 to gujarat Highcourt and according to its rulling the district court ordered the P& T depart ment that The status qo order doesnot apply to N.B. Mandir the wife of B.J.Mandirie.The said G.J.Mandir. The P.& T depart ment was also ordered to pay allthe dues and benifits leagally to be given to Nitaben B. Mandir.After getting service , the legal aid stopped or the pleader lady who was un married on her marraige might have shifted to other town the case remained un attended and in Feb 2008 it was disposed off by the district court as exparty decision due to absence of applicant.
At the timeof filing the case the P.& T. Society was served a notice and after District courts ruling society was represented by my sister to let her take the possesion of her inherited property in written as well as orally attending the generalbody meeting, they have been repeated ly asked to aloow her to aveil her inherited rights on the said plot. In One of the reply they have demanded for the allotment letter as well as share cerificates. means the allot mant has taken place. Now on one or another reason they are not allowing her to take possesion of her inherited property.They( The society president and others) are asking her to get probet and then to come for possesion. on other way they are sending messages you are not entitled for the inhetitance to the plot but you come and sign you will be paid some amount.
She has re married in 1990.
According to Hindusuccesion law and supremecourts judgment in the case of CherotiBharti Appeal civil 1323 0f 2008 judgment date15/2/2008
The supremecourt ,s bench has held that even after remarraige the widow does not loos her right to her inherited property from her husband's property.
Should she goand start to take possesion of the inherited plot and if any one tries to stop her ask the police protection, or in advance she should ask police protection to avoid any ones ilegal distabunce?, Or first she sholud restore the case in the district court and then after final decision she should try for the possesion?
RAJYAGURU MAHESH




Attached File : 5_cherotibharti_case_pdf_form.pdf downloaded 10 times

BHAVESH Y KAYASTHA   11 August 2010 at 17:27

selling of lease property

we have property in ahmedabad on lease for 99 years since british rule. but, lease is expired in 1986 now govt. has made shero for his ownership right on property documents. now we want to sell this property can we do so and how ?. govt. is goint to renew the lease with market price so can we claim any rebate for renewal because we are the lease holder since british govt. rule please guide us for this lease expiry issue. govt. is not taking any decision for this issue for last 3 years

shivmangal   11 August 2010 at 11:47

loan for a house

there is plot in my fathers name
Will i get loan from banks if my father gives me power of attorney for the plot

sachin   11 August 2010 at 11:14

Position of a tenant in case of redevelopment

Dear Friends,

The landlord has sold his property to the developer on as is where is basis (along with the tenanted rights)

The developer is going to develop the said property and sell the saleable component. However, as far as the tenants are concerned, he is going to accomodate them but as tenants only and not on ownership basis.

The tenants are willing to pay a reasonable amount as construction cost but they wnat to own the new premises.

Can any of the learned friend help me with any settled case laws favouring the tenants enabling them to own the new premises instead a continuing to remain as tenants of the developer.

Best Regards,

Adv.Sachin

G.Padmanabhan   11 August 2010 at 09:20

SARFAESI Act


a financial institution has sent notice of auction of a immovable property. Would our experts assist me with the format of a stay petition before the DRT.

vijay   11 August 2010 at 03:03

gazettes

First of all Am thankful to the persons helping us through this website. Its been great for me avail myself this, website.

I would be appreciated to get the information about "how to get the gazettes information pertained to the private lands in the year 1958".



Regards

Anonymous   10 August 2010 at 21:58

property value

hi.. i want to buy a villa in pune at hadapsar (pmc limit area). the saleble area is 159.38 sq.mtr. i want to know what will its govt value.i came to know that there will be 25% add in reguler govt value since the area is more than 150 sq. mtr. is it true ?. the property is 6-7 yr old can i claim depriciation in calculation of govt value for paying stamp duty if yes then what will be percentage of depreciation.