Anonymous
24 May 2010 at 20:08
The land on which our Society stands, in Mumbai, in not conveyed by the builder in favour of the Society. I am given to understand that the Maharashtra Government intends to pass a bill whereby all socities, where conveyance is pending, will automatically be deemed to be conveyed in favour of the Society on submitting the list of members.
I would like to know if that is true and whether such a bill is already passed. If not, then when is such bill expected to be passed by the Government.
Anonymous
24 May 2010 at 19:58
I would appreciate if somebody let me know whether re-development of a CHS is possible if there is a court case going on for Title of the flat.
Ajjay
24 May 2010 at 17:51
I am staying in a building where the Society is newly formed. The Builder has done the final handover.
But there are few individuals who had conducted a meeting one month prior to handover and decided the office bearers of the society between them and the name of Chairman, Secretary & treasurer and other office bearers were announced at the time of handover.
Now they are running the society as per their whims & fancies.
Like.
1. Two different Maintenance charges within the society for Wings A & B just because wing A has an Automatic Lift,
2. Putting a Parking charges for two wheelers, which are normally not charged elsewhere.
3. Putting the names of the members in the lift who have not paid maintenance,
4. Calling the meetings without formally putting any notice or informing any members. and then coming out with stupid schemes & telling the members that they were not present at the meeting.
What I need is that whether the above things are within the law premise or can any action be take against such Society office bearers
Or
Can anybody please share the pdf or ppt or may be a doc file on Coop Housing Society Act or Bylaw
Anonymous
24 May 2010 at 16:56
There are two brothers, both are major, their parents are expired. Elder brother his having occupation of a shop and he is the sole owner now. Their mother was sole owner of the shop before her death. The elder son now wants to give half portion of the shop to his younger brother. But he is only the sole owner as all the document belong to him only like shop license and light bill, ration card etc.
Can he make such an agreement in favour of his younger brother to give half of the shop but he is not willing to give documents. The shop is at Slum Area in Mumbai. The SRA ACT is going to be implemented within few months/years.
So what are the rights of the younger brother? Can he claim his partition? OR if the elder brother is ready to give him partition. Then which document must be prepared by the younger brother as their must not be any dispute in future and the interest of the younger brother be saved.
All experts guidance is required.
Thanking you!
Baskaran Kanakasabai
23 May 2010 at 18:30
It is confirmed from the experts that a sale deed entered into between buyer and seller of a land, is a non-testamentary
instrument.
Registration Act,1908 says:
PART III : OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;
Therefore is it right to say that such sale deed is a compulsorily registrable non-testamentary instrument under sec 17(b) and (c) of Regn. Act 1908?
Seshagiri Viswanatha Rao
23 May 2010 at 06:24
Kindly indicate whether any self acquired land can be gifted to others (who are not blood related) when absolute legal heirs are very much availableand if to to indicate relevant act/section
Seshagiri Viswanatha Rao
23 May 2010 at 05:48
DEAR SIR
VRTY GOOD MORNING
AS ILLRGAL SALE TRANSACTIONS HAVE TAKEN PLACE ON THE LANDED PROERTIES OF MY LATE FATHER WITH THE CONNIVANCE OF LOCAL RESIDENTS WE ARE PLANNING TO INITIATE LEGAL ACTION AGAINST ALL THE PERSONS INCLUDING REGISTERING AUTHORITIES (AS ON DATE THE TITLE DEED IS IN FAVOUR OF LATE FATHER ONLY) KINDLY ADVISE THE PROCEDURE FOR TRANSFERING OF THR SAID DEED IN FAVOUR OF THE ONR OF ABSOLUTE FIVR ABSOLUTE LEGAL HEIRS WHETHER IT CAN BE TRANSFERRED TO THE LEGAL HEIRS AT THIS JUNCTURE PLEASE ALSO TENDERED ADVISE WHETHER A JOINT COMPLAINT MAY BE LODGED BY ALL THE LIVING HEIRS PRIOR TO INITIATION LEGAL AND CRIMINAL ACTION AND IF SO THE PROCEDURE NEED TO BE ADOPTED FOR LODGING A COMPLAINT TO THE POLICE
THANKS
S V RAO
Baskaran Kanakasabai
22 May 2010 at 22:41
During the LA process concerning any land ,the acquiring Government generates the following non-testamentary instruments (which purport or operate to create, declare, or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property):
1. Notification under sec 4(1) of LA Act 1894
2. Declaration under sec (6) of the same Act
3. Award under sec 11 (1) of the same Act
And in cases where agreement is reached between the interested persons (who have appeared before the LAO) and the LAO, the acquiring Govt generates another non-testamentary instrument viz.,
4. Agreement under 11(2) of the same Act
And if no such agreement is reached between an interested person and the LAO, the objections of the interested persons are referred by the LAO to the court and the court generates another non-testamentary instrument viz.,
5. The Decree signed by the judge under sec 26 (1) of the same Act
Regarding the registrability of these above mentioned five non-testamentary instruments, the LA Act mentions nothing but the following:
51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
Question arising: Does the mention made under sec 51 imply that any award or agreement(except agreement under sec 11 (2)) made under this Act though not chargeable with stamp duty , shall be registrable?
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified copy of a document registered under the Regulation Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document].
Questions arising:1.What is the document referred to under this section 51A?
2.What is the “‘transaction’ recorded in such document” referred to under this section 51A?
11[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
11(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.
Question arising: Does the mention made under sec 11(4) imply that non-testamentary instruments generated under other sections of the LA Act 1894 shall be liable for registration under the Registration Act, 1908?
Therefore there is specific mention of only one of the earlier-listed 5 instruments,i.e instrument no.4(agreement under sec 11(2) of LA Act 1894) that it shall not be liable for registration under RA Act 1908. Regarding the other 4 instruments, there is no mention of registrability or otherwise. But sec 51 exempts any award or agreement made under the LA Act 1894 from stamp duty.
So from what is specified in the LA Act can it be inferred that: 1.No non-testamentary instrument generated under the LA Act 1894 is chargeable with Stamp Duty?
2.Except the agreement made under sec 11(2), the registrability or otherwise of all other non testamentary instruments, generated under the LA Act 1894 are left to be governed by the specifications of the Registration Act, 1908?
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interest on delay in possesion
i had booked a undeconstruction property at sonipat haryana , and paid full and final amount and taken the rebate for the same now the builder has postporn the possesion by 16 months , can i claim the interest on the amount paid by me
indeep arora