yogender singh chaudhary
05 February 2019 at 15:46
Sir ,
Top floor with roof rights in multiowner building is constructing extra two rooms and bathroom on the terrace using steel and bricks wlthout any permission. It is A three storey building measuring 350 mt on the main road in vaishali , ghaziabad. What are the rights of the other flat owners :
1. How and whom to approach to stop illegal construction. ?
2. What is actually allowed and not allowed in this type of situations.?
3. What is called ' temporary structure " if at all can be constructed legally.?
Pl help us in sorting this issue.
Neeraj Jha
05 February 2019 at 15:14
Dear Experts,
In my society of 600 flats, approx 46 flat owner are not paying their maintenance cost per month since last 4-6 years, and their flats are vacated for since then.
Dues are so much but neither they visit nor give their property on rent. In this such case what action the committee should take legally so that they pay their dues.
Can committee auction their property or seize??
Thanks
jayanthi
05 February 2019 at 14:50
Dear Concern, we got a property 9 years back and now noticed that property site number is mentioned wrong on the sale deed. in order to correct, we cant find the seller now as they are not in contact and out of 4, 2 people of have died. In this scenario, how can we get it corrected now? pls suggest.
What is the alternative options?
Ashish Awasthi
04 February 2019 at 21:48
Can I demolish a pond that belongs to me as a Zamindar?
Sanjay
04 February 2019 at 15:20
Dear Experts,
In Mumbai based coop society G+3,50+ yrs old society, one ground floor room arrogant member illegally extended/constructed unauthorized construction or encroachment his flat 6 feet ahead of his balcony & beyond structure of building more than 25 years back & common space premises in front of his flat is also captured by installing fencing & not allowing members to use/enter common building premise. Even small childrens not allowed to play in captured common premises, they fight with parents
for this unauthorized construction or encroachment
what action society or other members can take against this member ?
how much fine/charges can be levied on extended structure ? rs.5000 or maintenance * 5 times per month
can additional charges/fine on fencing also be charged other than encroachment ?
if society want to demolish that 6 feet additional construction, what is remedy ?
where can members make complaint other than society ? like BMC/police/registrar ?
please guide,
Thanks in advance
anshu
04 February 2019 at 00:43
We are four siblings, two brothers and two sisters. Mother died more than 20 years ago(when we were kids), and father passed away last year. He didn't make a Will. And now we want to transfer the property in our names. Also one of my brothers wants to leave his share. So how all this can be done? what is the procedure? and how much time and money will it take?
Anonymous
03 February 2019 at 16:14
My mother purchased a flat in pune in 1992 of which stamp duty & registration was not done at the time of purchase. In 1996, stamp duty was paid under amnesty scheme, however registration was not done. Now she wants to execute a gift deed in favour of me. Can she execute the gift deed as the registration of the said flat is not done? If yes, what will be the stamp duty & registration charges of executing the gift deed? Also is LBT applicable for executing the gift deed?
Anonymous
02 February 2019 at 10:42
This query is regarding Perpetual lease deed issued against Govt Grant act 1895, the parcel of land was allotted to Mr. B Ram on 1973. in the lease deed this is mentioned that for the purpose of succession sirdari rights have to be followed. Now after B ram Chaudhary, there are his 3 legal hiers . If possible, By which law this parcel of land can be divided among the legal heirs. As one of the legal heirs (among the three) have managed through to get the letter/order from DM office that he is in the possession of specific khet no. and khasra mentioning the specific portion of the leased land was issued to him. Is this possible to partition the leased land in this way ? that is without getting notices to co-owners of the land. what does sec54 of CPC says about this and does this CPC is applicable to Non ZA lands.
Rajiv kumar
01 February 2019 at 15:14
dear sirs,
I stood as a guarantor for a loan availed by a pvt ltd company in which my uncle and his son are directors.Due to losses in business the account was classified as NPA on 29.10.2018.The bank had mortgaged properties belonging to my uncle and me as collateral.However the market value of the properties is lesser than the loan availed.The bank issued a notice under section 13(2) on 2/12/2018 to my uncle and me under sarfaesi act with regards to the secured properties.Around three days prior to my receiving the notice by registered post i had transferred my unsecured properties to my son by way of registered gift deed.My questions are:
1)Can the bank file a suit against me saying that i transferred the unsecured properties with an intention to defeat or delay the creditors(bank) and to declare the gift as null and void under section 53 of transfer and property act.
2)can the bank file an insolvency petition against me to declare the transfer as fraudulent transfer
3)Can i say in my defense that i had gifted the property three days before i received the NPA notice and hence had no knowledge that account was under stress
P.S The bank has not sent me any notice regarding the unsecured properties till now.
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Mutation of purchased property which was gifted to someone
Father the real owner of the property gifted his property to his two children.about 33 years ago then sold some of the property (a plot) from that gifted property to some other person with giving knowledge of that sale to his children and gave possession of that plot to the party who purchased the property.in 1985 the owner who gifted the property died.and the person who purchased the plot goes for mutation of the property but the patwari refused to register it..by saying that the property is gifted..the person who purchased the plot didnt took any further action..till now he has the possession of that property.now what can he do to complete the mutation procedure or registration?