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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Vaibhav   18 July 2018 at 19:25

Metal patra shed placed at terrace causing issue

Actually,we are leaving in 12 story building which is currently under Builder authority still, not society formed yet.
And now one of the flat owner (At FIRST FLOOR) which is stayig exactly at below my flat (i.e. on SECOND FLOOR) has placed Metal Patra sheet in his open to sky terrace i.e. very nxt to our bedroom window of Flat.
And because of this PAtra shed we are facing below issues -
1. We are not able to sleep in bedroom due to hard bad noise in rainy season as water continuously tapping on metal Patra shed.
2. Also our view get distracted due to this shed, as it is covered big area in front of my bedroom window.
3. Cleanliness also impacted due to dust and bird dirt over PAtra shed, so health is impacted
4. Safety is also impacted as anyone can easily access my flat at 2nd Floor through this PAtra shed placed at first floor.
So this type of issues we are facing badly.

We are discussing this issue with builder and owner to resolve this issue, but they are not getting understand our issues which we facing badly and not taking any action. And because of this issue from last 2 weeks we are not able to sleep in bedroom at all and also all time we need to bear with Dirtyness over Metal sheet all time in bedroom.

So my question, whether such type of Metal hard PAtra shed allowed at Terrace to place? IS it legal? Also who need to be responsible for this as per Property law? Because here are 5 building in our society of 400 + flats.

What further action we need to take to resolve our issue, as Builder and flat owner not taking any action?

Debanjan Goswami   18 July 2018 at 10:39

General power of attorney

A sister unable to move from UP to West Bengal for transferring her undivided share in and
between her father's property in favour of her brothers. she delivered a Registered General
Power of Attorney to her younger brother in full blood relation with the elaborate description of
her shared property with the Power to sell/ convey or gift or manage etc.
now in West Bengal the younger Brother execute one registered Deed of Conveyance in favour
of the brothers of the said sister including himself through that GPA paying full stamp duty and
registration fees.
will this procedure is valid?
Is there anything which is illegal?
some person's opinion is that if the GPA holder was not present as purchaser then it is right. but
the GPA holder cannot sign as seller or Purchaser.?
ď…‹

Anonymous   18 July 2018 at 10:22

General power of attorney

A sister unable to move from UP to West Bengal for transferring her undivided share in and between her father's property in favour of her brothers. she delivered a Registered General Power of Attorney to her younger brother in full blood relation with the elaborate description of her shared property with the Power to sell/ convey or gift or manage etc.
now in West Bengal the younger Brother execute one registered Deed of Conveyance in favour of the brothers of the said sister including himself through that GPA paying full stamp duty and registration fees.
will this procedure is valid?
Is there anything which is illegal?
some person's opinion is that if the GPA holder was not present as purchaser then it is right. but the GPA holder cannot sign as seller or Purchaser.?

Anonymous   18 July 2018 at 08:19

Property

Respected Sir,
As per my father's WILL I and my sister got equal undivided rights in the 9 acres agricultural land. I have taken Probate of the Will and I am the executor. As per Will my sister does not want to partition the Agriculture land of 9 ares and they have occupied whole of 9 ares and not allowing me to enter my 4.5 acres of land by using rowdies for the last 5 years

As per Court how can I take custody or possession of my share in the land. Till this matter is solved legally, as an executor of this Will can I take possession or custody of entire 9 acres as per law.

What are the additional rights of Executor of the Will. Kindly enlighten us.

Bhushan More   18 July 2018 at 01:28

Transfer of sra flat on his wife's name procedure.

Hi,

Could anyone explain me,

My father have property of SRA flat in Mumbai.
He met with paralytic attack in 2012, He is 65 years old, He couldn't write or he couldn't speak properly.
He need to transfer his SRA flat on his wife's name. he is alive.
"WHAT IS PROCEDURE TO TRANSFER THE FLAT ON HIS NAME TO WIFE'S NAME ??

Bhushan More   18 July 2018 at 01:17

Sra flat transfer to wife's name after 1st owner dead

Hi Sir/Madam,

Could you please anyone explain me, "what is a procedure to transfer SRA flat if in case 1st owner he/she pass away.
1) what is procedure to transfer the SRA share certificate.
2) what society suppose to do, Person's share certificate to be transferred on nominee or wife's name

Regards,
Bhushan More

SANTTHOSH SHETTY   17 July 2018 at 21:32

Custody of redelopment agreement bw builder and society

Dear Experts, our building got redeveloped as per the redevelopment agreement signed in june 2011 and builder given incomplete docs handover and building not as per the approved plan in march 2016. we sent many notice and letters to builder to handover the original redevelopment agreement and to complete the pending issues. but toll date he didnot revert to any of the letters. but now we came to know from our source that, builder took loan of 2cr from pnb in jan 2016 by submitted original redevelopment agreement to bank and mortgaging flat no 602 and 102 which are unsold.
is this valid as bank crated mortgage on the above flats without society noc?
does this a valid mortgage of property without having individual title deed of the flats of 102 and 602?
does only registered mortgage deed execution between bank and builder is valid for such mortgage creation on the flat no 102 and 602?
can society lien mark the above flat based on the banks request now?

Anonymous   17 July 2018 at 19:09

Chs related matter

MC of a C.H.S.in Pune, where I have purchased a flat 5 years ago, refuses to enroll me as a member even after application, paid all charges/fee for transfer and they denied to issue share certificate, additionally the MC is claiming allotted parking space as a common area of the society. In fact, the society has occupied my parking and removed the parking number paint. How do i recover the same.I have registered an NC with the nearest PS, but of no help. Do I file a private complaint under 200 or 156 (3) of Cr.P.C. Kindly advice.

Raj Kumar   17 July 2018 at 09:43

Land purchasing issue

I belong to gen cast of Haryana. Can I purchase the land of sc st people of Rajsthan?
if not , can i take that land on lease for 50 years??

Pradip S   16 July 2018 at 23:23

Adding Wife name in Husband's Property after his death

My Father-in-law has indipendant house in Kolkata and he is the sole owner of that property. After his recent death how to transfer the same property on his widows name. My Father-in-law got 2 legal heirs; one son and one daughter. Both of them are married got children also. How to legally handle the property name and property share. Also portion of this property rented out; buy without lease agreement. pls. suggest legal way to sort this out.