Nitu Kapoor
19 April 2010 at 13:13
Dear Expertise,
My meternal grand father died on 10th Nov. 2009. Now his successors are his two sons and one daughter (my mother). He has left his flat and his commercial place without will. Now after the ceromony of the 13th day my maternal uncels was forceing by means of threatning to my mother to leave her share in that property which she without her willingness has agreed to do so, then they took my mother in front of all the society members to say that she don’t want any share in her father’s property. They also took her signature on the stam paper to tranfer the flat share on their name.
Now we came to know from one of her friend and the member of that society that the share has been transferred to her brothers name and society has given that whole building for the redevlopment to a well known builder. Builder has signed memorandum of understanding with the society and the members of that society. Two month before builder has issued one advertisment in local news paper and one national news paper for any claim on that property which we didn’t came across that advertisment. Now that builder has given the project to get pass from BMC. These propert is in mumbai.
Now my querys are
1) Can my mother can still claim for her share in that property? If yes, How?
2) By any means can we still ask the builder to stop the process.
Also pls advice if you have samoting more to say other than my query
I will be very thankful and appricaite you if you provide any solution to this.
Anonymous
19 April 2010 at 12:05
HI,
I am Nayudu entered into sale agreement in 2009. But the agreement is not registered... wht is the legal procedure... to get registered....
Anonymous
19 April 2010 at 11:43
We had a ancestors land. My Dad and uncle transfered it by means of registerd Development agreement and POA. We the childrens signatures were not considered in agreement & POA, also one of my brother was minor during that time.
Can we challenge the agreement in the court and get it cancelled??
Please help
Anonymous
19 April 2010 at 11:24
Dear Sir,
I have garden (Lawn) attached flat. Society is after me to pay additional charges for use of Lawn. In fact I had paid the money to the Builder while purchasing the Flat & also got the allotment letter for use of Lawn area. I myself maintain the Lawn & using the water which is provided by the socierty for my consumption. Please advise.
Anonymous
18 April 2010 at 22:51
My brother & I inherited a flat in a housing society several years ago. Though the share certificate was transfered in our favour, we did not find the need and necessity of registering the same.
I am now planning buying out my brother's 50% share, and for which I seek certain clarifications, as under:
1. Before proceeding with the sale, is there a need to have the flat registered in the name of my brother and myself
2. Upon executing the agreement of sale, the stamp duty should be computed on just 50% of the house value?
3. Is there a chance of escaping the stamp duty, since I am a joint owner, and by virtue of this sale I am only striking of the name of my brother?
4. Any ideas on how this stamp duty hit can be minimised.
Would appreciate your views.
Anonymous
18 April 2010 at 16:15
I have given residentail flat on rent , what type of taxes will come in play, rent is Rs 45000/
TDS, Service Tax, Municiaplity Tax, society charges at what rate to be levied ?
Anonymous
18 April 2010 at 11:46
I am looking to buy a flat in an apartment which is around 3 years old. People have occupied all the flats in the apartment and I am looking for a second sale. I have a query but before I ask the query, given below is the background of the property :
1. The apartment is a joint venture between the builder and land owners. As per the joint development agreement (JDA), 72% of the flats belongs to the builder share and 28% of the flatbelongs to land owners share. The flats that belongs to the land owners share is clearly called out in the JDA.
THIS JDA DOCUMENT IS REGISTERED.
2. The land owners has given a general power of attorney (GPA) to the builder to sell flats in the apartments. Though this GPA is pre-dominantly given tothe builder to sell 72% of builders share, it also has a "NOTWITHSTANDING" clause which states the following:
" Not withstanding that the attorney shall execute sale deeds in respects of the apartment units comprising in proportional extent of constructed area delivered to us/owners after completing construction from time to time, out of 28% area allocable to us/the principals"
THIS GPA DOCUMENT IS REGISTERED.
3. There is another GPA document which one of the land owner (who owns the flat under consideration) has given to the builder to sell this flat under consideration.
THIS DOCUMENT IS NOTARISED BUT NOT REGISTERED.
4. Based on points 1 and 2 above the builder ALONE has executed the FIRST sale deed . Though point 1 and 2 are referred in the first sale deed, point 3 is not referred in the sale deed.
Query :
1. Does point 1 and 2 give enough rights to the builder to execute the first sale deed? I have this doubt because the GPA mentioned on point 2 pre-dominantly gives rights to sell 72% of flats which is the builders share.
2. Is it safe for me to go for the second sale? Is there anything that I should do before I go for this sale?
Thanks in advance for any guidance/help on this query.
AJIT KAWATKAR
18 April 2010 at 01:47
the case pertains to Aurangabad in Maharashtra.my elder brother negotiated &purchased a small plot after paying xx amount to the Land lady in yr 1990.no agrmnt etc.treassable[since the Land lady & my bros. both have died in 1991 &2002 resply] with great efforts Approved Maps & some correspondance are obtained. it is now almost 18 yrs.all the flats are occupied.paying Ppty tax'to corporation since 1994.the heir has neigther approched us nor lodged any complaint.in the given situation whether we can put/file petition whereby we can get legal status. Pl. guide!
M S Prabhakar
18 April 2010 at 01:12
Our buider had registered our CHS on 30-Apr-2004 but had concealed the fact till 11-Oct-2009 when he was forced to call the FGM and constitute a managing committee to run the Society.
For over 5½ years since 30-Apr-2004, the builder was charging a flat maintenance rate from members and operating out of a bank account very similar to the registered society's name, but with a "Proposed" annexed to it [XYZ CHS Limited (Proposed)].
Recently it came to our notice that the "Proposed" a/c is still active and the builder is debiting expenses unrelated to the real Society's.
My questions are:
(a) Is it legal on the part of builder to operate a "Proposed" bank a/c after the registration of the real Society on 30-Apr-2004?
(b) Is it legal for the builder to debit unrelated expenses out of a "Proposed" account after constitution of a managing committee on 11-Oct-2009 (and without the managing committee's approval)?
(c) Does the managing committee have the rights to instruct the bank to freeze the "Proposed" bank a/c?
(d) What is the legal remedy available to recover amount lost from the account after 11-Oct-2009 (date of constitution of managing committee)?
(e) Can the managing committee instruct the bank to transfer the balance to the Society's a/c and what is the correct procedure?
Please advise.
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