Prakash S. B.
14 March 2018 at 20:41
Respected Sirs,
I need clarification on the following issues:
1. A Housing Society, registered under the Maharashtra Co-operative Societies Act, 1960, purchases a plot of land and becomes the absolute and exclusive owner of that land in terms of the Conveyance Deed executed by and between the said Housing Society and the Sellers/Owners of the said land. The said Housing Society subsequently constructs six Buildings on the said land.
2. A person purchases and occupies a flat in one of the said Buildings in terms of the Agreement entered into with the Seller of that flat. The Purchaser of the flat becomes a member and shareholder of the said Housing Society on completion of all necessary formalities.
IN THE ABOVE CIRCUMSTANCES,
(1) WHETHER THE PURCHASER IS AN EXCLUSIVE AND ABSOLUTE “OWNER OF THE FLAT”?
(2) WHETHER THE PURCHASER IS AN EXCLUSIVE AND ABSOLUTE “TENANT OWNER OF THE FLAT”?
(3) WHETHER THE PURCHASER OF THE FLAT IS MERELY A “TENANT OF THE HOUSING SOCIETY”?
(4) WHETHER THE PURCHASER CAN BE SAID TO BE: “IN FULL POSSESSION OF THE FLAT”?
(5) WHETHER THE PURCHASER CAN BE SAID TO BE: “IN FULL POSSESSION OF THE FLAT JOINTLY WITH THE HOUSING SOCIETY”?
Thanking you,
Sincerely,
Prakash S. Bankeshwar,
Hon. Secretary,
Aaram CHSL, Vakola, Mumbai - 400 055
Anonymous
14 March 2018 at 18:07
If a person is home loan borrower and not able to pay installments. Bank will took possession of property and auctioned it. Will it affect a persons professional life? Is he able to do government/ private sector job?
Anonymous
13 March 2018 at 21:57
I am residing in a Co. Op. Housing Society in Mumbai, I had purchased a Flat jointly with my younger brother whose name stands second in the Share Certificate. Now he has made a Gift Deed in my name and now i am the only owner of the said flat.
My query is that what will be the details of Shares transfer from younger brother to my name in the Transfer Form which i had to produced to the Society.
sudhakar s. yeradkar
13 March 2018 at 18:52
Dear Sir,
It is a federation of 25 societies registered in the year 1995. The builder has completed project in the year 1994-95. The total amount was collected by the builder at that time is Rs.70,00,000/- (Rupees Seventy Lakhs) At present builder is not paying anything to maintain the common facilities of the complex. Neither he is giving our corpus fund.
As per MOFA is there any provision to get this fund to federation?
Please advise suitable action.
Thanks in advance
Anonymous
13 March 2018 at 17:38
Dear lawyers, my Aunt has been staying with us as a guest for free, for several years now. We gave her a room in our house and allowed her to use our kitchen. Apart from this, she has also been using our electricity for free. After my marriage, we found that we were falling short of space and asked her to vacate her room. She now refuses to vacate saying that this is her house now as she has been staying for so long and there is no law that can make her leave the house.
Please suggest what suitable action I can take to evict her.
Thanks
Tejas Patil
13 March 2018 at 11:59
Hello experts,
Me and my cousin brother wanted exchange the agriculture land as after verifying official document we realised that he is cultivating in my lan and I'm cultivating in his land. so now we wanted to know the procedure and how much amount to be spent for this process. any stamp duty we have to pay and how much. also guide for some solution to come out of this.
Regards
Tejas
Pradyot
12 March 2018 at 15:23
is nominee has right to property in CHS Act in Maharashtra after the death of a owner based on following SC Judgment.on 10/03/2016
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4646 OF 2006
INDRANI WAHI .......APPELLANT
VERSUS
REGISTRAR OF COOP. SOCIETIES & ORS. .......RESPONDENTS WITH CIVIL APPEAL No.4930 OF 2006
Anonymous
12 March 2018 at 14:39
We are leaving in cluster of 11 tower where 6 towers completed in mid 2015 but remaining 5 completed in mid 2017. Builder has given in writing that they will maintain for 5 years / 4 years now forcing us to form housing society where there only 30% owners are staying in cluster Legally when we should form society?
Prachi
11 March 2018 at 23:12
Hi, I own a 2 BHK flat in Pune with my name as the first owner and my father-in-law as the second owner of the flat. so we are 50% Shareholder of the flat each. Though I have done nomination of my share (to my Spouse) , my father in law had not done any nomination for his share.
Now after his death 4 months back, the society is asking to submit the succession or Legal Heir Certificate and also asking to pay 5% stamp duty on the Market value to get the Share Certificate..
I have a few queries related to the same,
1 ) Is succession certificate must in case of no nomination. If we get NoC from all the stakeholders (In my case my husband and his Brother) ,
can we get Share Certificate.
2) is Succession Certificate reqd or Legal Heir Certificate will be sufficient ? or are they same ?
3) Does an affidavit stating that I am the first owner and wish to tranfer the shares on my father in law's name to my mother-in-law..
can be done...
4) Is paying the stamp Duty necessary to obtain the Succession Certificate..
Pls answer my queries and let me know how to get out of this situation.
Thanks,
P
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Purchasing a flat on part payment
Dear Sir,
I have approached my friend to buy his flat located in Bangalore, he agreed to sell the same and due to our close friendship, I proposed him that I will pay part payment initially and occupy the property, and the remaining payment will be made in a period of 24 Months.
I told him that, once I pay him the full payment I will get the flat registered on my name.
In the above scenario, what agreement should i enter with my friend?
Is it an MOU, or a sale agreement or is there any alternative.
Please suggest.
Regards,
Prasad