Anonymous
22 February 2010 at 13:29
IF THE PROPERTY IS KEPT VACANT FOR MORE THAN SIX MONTHS THE OWNER CAN VACATE THE TENANT.
WE ARE TENANT SINCE 1977 PAYING RENT, ALSO REPAIR WORKS AND CORPORATION TAX.
HOWEVER THERE IS NO WRITTEN AGREEMENT BETWEEN US AND WE HAVE PAID HUGE AMOUNT IN 1977 TO LANDLORD AS "PAGREE".
If there is a contract we get security deposit back. In this case we any way gets nothing there is only loss.
Then what about repairs works and taxes we are paying for all these years.
Is there only protection available to the agriculture tenant in the law who even does not pay rent or even more often not tenant but tresspaser whose name has been entered in 7/12?
IS THE ONLY SOLUTION IS TO LEAVE THE PROPERTY, STOP PAYING THE RENT, TAXES, IF THE PROPERTY IS NOT IN USE?
ashwin sharma
22 February 2010 at 11:02
Respected sir,
i want to buy a duplex in bharuch. i have to buy it from the builder. but the issue is that the plot on which the construction is started is not a cleared one. according to builder this plot is under plan revision, so it will be cleared very soon.
when i booked that i paid some small amount to builder. he told me the plot will be cleared and then i will give him the remaining amount other than loan and then we will go for legal documentation.
but after passing 7 months the plot is not cleared, but builder started construction and it completes it upto c level of second floor. now he told me let the court matter continue, i transfer plot on your name and give me remaining amount other than loan. when plot cleared you will apply for loan and i will collect my remaining amount from bank.
so i am very confused about how to deal this issue. because if i transfer plot on my names and plan revision not sanctioned the plot then what happen?
so please guide me to deal this issue. because i never bought plot or land before. so i don't have any idea about what to do.
please guide, i will be very thankful to you.
AwMeAbN
21 February 2010 at 23:38
Hi,
I own a plot which is part of a bigger piece of land and i am the co-owner along with two others.
Recently, one of the other co-owners filed an application for changing the Girdawari in his name and also succeeded in getting the same done from 2000 onwards based on an order by the Tehsildaar (as asst collector first grade) by showing me ex-parte (using the old address on my registry)
I have the following questions :
1. Does the Tehsildaar have power to change the girdawari (Note that he has accepted the application which spans across an older jamabandi)
2. Can the Girdawari of a land-owner be changed under any circumstances if he has not consented to the same.
3. The Girdawari to start with was in the name of all the co-owners and so there was no real need to get it corrected. But one of the co-owners has now got it changed to his name for the entire piece of land eventhough he only owns a fraction of the entire piece. Does this amount to tampering of land records ??
raju
21 February 2010 at 22:12
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta/balcony with three feet height masonary work with extra door to enter in otta/balcony & handover the flat to me after that i fixes grill on otta / balconies masonary work & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Anonymous
21 February 2010 at 21:24
ON MY FOLLOWING QUERY I HAVE RECEIVED ANSWER THAT: BEING A TENANT FOR LONG TIME WILL NOT GIVE ANY RIGHT. IS THIS TRUE IN CASE OF MAHARASHTRA.
We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office. AT PRESENT THE PREMISES IS LOCKED.
Arati Gawde
21 February 2010 at 20:41
What point must be require in any kind of Development Agreement?
raju
21 February 2010 at 19:16
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
Anonymous
21 February 2010 at 18:46
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
Anonymous
21 February 2010 at 17:01
We are tenant since 1977. Since last 12 years the landlord is not paying any taxes or doing any repair work. we are paying the taxes [corporation property tax] since last 12 years. Now the people from the corporation has suggested us to be "BHOGAVTADAR" [MARATHI WORD]so that the bill will be issued in your name directly. Is this legal? should we do this?
At present the premises is not in used. we are regularly paying the rent to the heirs of landlord [who has expired] and also receiving receipt of the same. the premises is very old of stone is mud mortar with A.C. sheet roofing. the repair work will cost more. Is will be economical to build new one. The landlord is not ready to give it to the builder. There is other tenant also on ground floor. One shop is in closed position since 1977.
Can we loose our tenancy right as we are not using the premises? We cannot carryout the office work in present condition of the office.
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To know the hurdles of property, which is undevided.
Sir,
Good after noon. I am having a querry about the property.
We have a property in Belgaum - about 5 guntas, which is undevided. The property is ancestral one, which is jointly owned by my father and his two brothers. One of my Cousin Brother is staying in the Property and we all others are in and around Belgaum, staying separately. I have tried my level best to get the partition done in the existing property with our co-pasner. but, becuase of one or other reasons, the act is not materialised. Actually, I am in need of money and I would like to know the procedural activities to be done to get it partitioned. Here, I would like to state that none of my cousin brothers / sisters are not interested in doing the same. Once the property got the partitioned, i can sell off my share of property to meet the financial needs. Hope, you will help me in solving this problem.
Thanks & regards,
C T mahajan