Maitri Gda
04 May 2009 at 08:34
Please refer my query & answer recd.
We had laready complain with T ward & received a letter for asking explanation to Society. Society is not giving any reply to us for the same.
What is the procedure as society is not reversing back Penalty. They force to remove us water tank & startes Charging penalty. I am payning my regular bills, Without Penalry Charged my concern is my bill is geting higher & higher due to interest charged every month along with penaly of Rs 500/- P.M. - If we/Society will go to recovery officer i have to pay monimum 50% of Due immedialty?
Since i am paying my bill regularly society is not showing interest to resolve the penalty amount. They are waiting if i Sell the property/ society will go for redevelopment they can collect the same from me.
Please advice how to solve the Problem. my contact no is 9820672539.
My previsou query is as below.
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me & my wife both are wotking. due to problem of Water We install 500 ml water tank at our loft in bathroom.
Society made rule in AGM that water tank is not allowed. And started charging fine every month.
Since both are wotking & water is basic need we dont want to remove the tank & the resolution is passed in AGM what we can do? Whwn we installed water tank there was no such rule.
Expert : Y V Vishweshwar Rao
Posted On
04 May 2009
Represen the same to the Society management / Executive body/ General Body in writing , if they /society / EC /GB not accpeted your reaosnable claim/ water facility/amenities , you can represnet beofore the Registrar of the Co- Operative Societies Housing .
The society Resolution /Rule in AGM and penalties imposed for fixing the Tank 500 Ml in Loft
is incorrect
It is minimum necesssity of your family and the penalties imposed under a Resolution,is illegal and agaisnt the Bye laws!
Expert : Dr. V.N. Tripathi
Posted On
04 May 2009
Mr. Rao is right. further add that no fine cn be imposed as you did not violated any rule i.e. said rule was not existing when you installed the tank.No penal provision can be made with retrospective effect.
company worker
03 May 2009 at 22:06
My grand mother's self earned property gave to my mother through gift deed. My mother gifted the same property to one sister through gift deed.Can I have the right to claim a share from the same property as the nature of the property is ancestral?
Ram
02 May 2009 at 22:38
My father was died on 2000 after writen registered Will.The property is at village & not coming under municipality limits.How to get the name transfer to beneficiary.He has indicated all heirs name and married status.What are the documents are needed to proceed for? where to proceed? howlong it take? Whether is it recommend to do this process at Taluk office with Advocate? Whether other heirs who doesn't have rights as per Will on said property can stop this process
Ram
02 May 2009 at 19:12
Dear Sir
My father who died on 2000 has made all settlement thro' registered Will in which he has authorise to enjoy the property ( agricultural land) his only son and also mentioned that he had settled his 2 sisters by the way of cash and jewels. The year of Will register is 1995 during which all sisters were got married. Now one among the two sister wants to go court for claim the father property by equal rights due to jealousy whereas other sister has accepted that father had given enough settlement by way of cash and jewels.Now the above property is still in the father name.But all other control under me incl. property tax receipts. She may stop the name transfer also. In this case, if she go to court, what will be the result? Or what is your advise to execute property as per Will.
Ram
02 May 2009 at 17:55
Dear Sir
I am residing at Tamilnadu. My father expired on 2000 after writing aregistered Will during 1995.My mother died before he died.I have two sisters.I am a only son to him My had indicated in that Will that he had settled all my 4 sisters by way jewels and cash .Since he settled them as above,he had given rights to me to enjoy property. Even after 1995, my father used to give them cash and some land register on them.In spite of all, whether my sisters can claim equal rights in the above said property in the Will as i have not done name transfer from my father ? and they are married before 1995 . In fact I am Physically handicapped person Hence my father has given this rights in these property . Then whether can i change name transfer using this Will and whether this Will is enough to do name transfer
sampat mane
02 May 2009 at 00:18
we have purchased a flat in year 2006 which was under construction and occupied it in 2008 after complete construction of our 2 wings. The builder had proposed to build 8 wings of which he has completed only 2 wings and rest he is not building due to reason unknown.
He had promised duringthe booking a maintenance of rs. 1.50 psft.Now he has beens sending a maintenance bill for Rs. 2.50 psft which also includes property tax.
We have asked in vain the account / basis of levying all these.
Who gurantees the property tax is paid?
We have yet not received any Occupation certificate?
He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies.
what are our rights? How can we fight?
sampat mane
02 May 2009 at 00:17
we have purchased a flat in year 2006 which was under construction and occupied it in 2008 after complete construction of our 2 wings. The builder had proposed to build 8 wings of which he has completed only 2 wings and rest he is not building due to reason unknown.
He had promised duringthe booking a maintenance of rs. 1.50 psft.Now he has beens sending a maintenance bill for Rs. 2.50 psft which also includes property tax.
We have asked in vain the account / basis of levying all these.
Who gurantees the property tax is paid?
We have yet not received any Occupation certificate?
He had promised various things while booking but have not delivered like garden, seating arrangement. his plea is that the gove authorities have grabbed the part of land meant for the facilies.
what are our rights? How can we fight?
Hemant Joshi
30 April 2009 at 17:27
My grand father died in 1961 leaving a house and few pieces of agriculture land intestate. Then those properties were transferred in Gram Panchayat record in the name of my father, his brother (my uncle) and my grand mother. After the death of my grand mother some where in 1970, still the said properties on the record of government are in the names of my father, my uncle and my grand mother, in 7/12 account.
My father expired on 31-12-2008 making a will in my favour in respect of those properties which he inherited form my grand father. My father had six sisters, four alive and two dead. After the death of either grand father or grand mother the properties were not sold, transferred, alienated or divided. But the as per government records, the properties are in the name of my father, uncle and grand mother as per 7/12 records.
My questions are: 1) All the sisters of my father or their heirs would have the equal right in those properties or my father and my uncle, only two would have rights, as the government records shows the names of my father, uncle and grand mother? 2) On the strength of the will of my father, will I be able to claim my rights in those properties after inducting my name on the government records?
Please reply and oblige.
H. Vijaychandar
30 April 2009 at 10:13
This is in connection with a provision regarding the letting-out of common areas in an apartment complex consisting of 12 flats at Bangalore.
Two out of the 12 members of the soon to be formed society are not in favour of such letting out, whereas the other 10 are and have stated so and have conveyed their acceptance of the same.
The question that I wish to ask is, is a majority sufficient for including a clause for the same sufficient, or is unanimity essential?
I am including the text of two sections of The Karnataka Apartment Ownership Act, 1972 which the two different 'groups' are relying on to insist on the necessity of unanmity and the requirement of only a majority, respectively.
6. Common areas and facilities.- (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property and such percentage shall reflect limited common areas and facilities.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have permanent character, and shall not be altered without the consent of all of the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and void.
7
(4) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.
(5) The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bye-laws.
(6) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment form time to time during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common area and facilities or to another apartment or apartments.
16. Bye-laws and their contents.- (1) The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the Declaration . No modification of or amendment to the bye-law shall be valid, unless set forth in an amendment to the Declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The election from among the apartment owners, of a Board of Managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such Board shall expire annually: the powers and duties of the Board; the compensation, if any, of the members of the Board; the method of removal from office of
members of the Board; and whether or not the Board may engage the services of a Secretary, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Board by this Act or otherwise may be dele
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Dismissal of Probate
Dear Members,
Please throw some light on the query that what happens when in a matter of probate, a probate has been duly granted by the competent court but in case of default of filing the invetory by the executor, the said matter gets dismissed by the same court.
please provide
1. what further course of action can be taken in such situation?
2. does any kind of appeal lies herein and if yes then where? is it the DJ or what?
Please do the needful.
Manish