PPBiswas
23 July 2017 at 21:27
My father purchased a plot of land and built a one storey house on it. He giftd me roof right to build first floor. Roof of first floor as well as staircase, water reservoir etc. would be common. After death of my father, my mother lodged a partition suit for ground floor and father's share of roof of first floor. Partition suit was decreed by giving equal one third share in ground floor and half of roof of first floor to myself, my mother and sister. Before Partition comissioner could come, my mother died and partition decree was revised by giving half share of ground floor and half of roof of first floor to myself and my sister. Accordingly Partition Commissioner was appointed by me.
I had not built the common staircase upto roof of first floor as it was a common portion and I was short of fund. Instead, I had installed an iron staircase on my open balcony to access roof of first floor.
In the gift deed, my father had stated that no construction or transaction on roof of first floor could be done without taking my consent.
Now, when the Partition Commissioner started measuring suit premises, my sister and her counsel attempted to scuttle the proceedings by insisting on starting measurement from roof of first floor. But they refused to access the roof of first floor through my private staircase. Partition commissioner noted that I had offered access to roof of first floor through my private portion but defendant refused my offer.
My sister is demanding that I have to build the permanent staircase upto roof of first floor.
Now my questions to our esteemed experts are:
1. Who has the responsibility to build the common staircase?
2. Can the partition be withheld indefinitely till construction of the permanent staircase?
3. If I buy a property knowing fully well that it has inadequate or no access, can I force the seller to build the access after he has completed sale and transfer of the property?
4. During the nine years of court proceedings, this matter of lack of public access to roof of the first floor was never brought to notice of the learned court by either my mother or my sister. How can they now bring this matter up at this stage to scuttle the partition with the sole objective to continue their unauthorised possession?
I request our esteemed experts to advise me regarding my next steps. Thank you.
Anonymous
23 July 2017 at 17:10
Step 1: Mom giving residential property as gift to son. Gift is registered and required stamp duty paid.
Step 2: Society does transfer process and son name is updated in records. Property transfer completed once.
Step 3: Son sells it in next few days after the transfer is done.
Question?
Question 1) Is there any law in the standard societies bye law that restricts the transfer of property two times in the same year? If so why?
2) If so, how to navigate this. Or how to deal with this. As selling needs to be done?
3) Section 29 of Restrictions on transfer or charge of share or interest in Maharashtra Cooperative Societies Act says something about this... but I am not able to understand what it means? Does it mean that son cannot sell the apartment received as gift immediately after receiving gift?
SANTTHOSH SHETTY
23 July 2017 at 10:42
I am staying at Malad Mumbai, our society old committee which was elected in feb 2011 and non of the committee members were signed m20 bond. this clause was removed since sep 2012. but was compulsory before. now the same committee submitted new committee election letter to the registrar and registrar has authorized his officer for election of the new management committee. but as per the rule 58a of MCS act, if working committee which didnot sign the m20 bond becomes disqualified from the 45 days of the appointment and dont have the right to call to new election. if they call election, newly elected committee also becomes disqualified as per the rule. we tried to make officer to understand. but still he is going with the new committee election. kindly suggest your views. is it okay being registrar is involved in the process of election.
Niaz
22 July 2017 at 23:43
Dear Sir,
I have a flat in Hyderabad. The society here charging monthly maintenance charge as per size of the flat. The fee includes all changes like security, water, house keeping, and amenities like swimming pool and gym etc. Since I hold larger size of the flat I end of paying much higher than others who use same amenities. I know in Maharashtra there is an act on maintenance charge calculation. Please let me know if there is any similar act in Hyderabad also. Here I feel that majority of the smaller flat owners are exploiting minority of larger flat owners by paying less but using same amenities. Any help in this regard is highly appreciated.
bhaskar p. Jadhav.
22 July 2017 at 23:19
A sold plot of 250 sq.yard toB.B sold the plot stating 175 sq.yard in sale deed.to C but giving possession of 250 sq.yard in the year 1990.C subsequently sold the said.plot in possession of 250 sq yard to D with 10 rooms constructed in it by stating are if plot 250 sq.yard..Son of B filed suit under article 59 of limitatiion act 1963 praying ti cancel sale deed between C &D dt.20.12.2000/pleading that C&D had ftaudently sold 75/sq.yard .which belongs to him.
My query is whether B pleads that these facts are known to.him only.in2010 and filed suit under above article on 9.10.2010.So what is the fate the case.I am D in this suit. Suit us file against C &D.
aya
22 July 2017 at 13:00
Dear Sir,
owner has not given any id proof to support the agreement.for rentals.
He has done on 200 INR agreement and thereafter the same was sent to me for signing.
The same is sent to me for signature.
The issue is when i asked him for the signed xerox of any id proof of the owner- that is required for true copy then he said its not required.
can i make true copy with just original agreement without owners id proof and will it be valid in gas agency, banking,etc.
GUNDA SRIDHAR
22 July 2017 at 12:57
Respected sirs,
I have participated in a Bank E auction sale, and I am the successful bidder, paid 25% amount but the bankers did not vacate the flat till now, bidding happened 3 months ago. Now they filed application at District Magistrate Court for orders in vacating the flat. 1) How many days (approximate time) it will take for orders from DM Court and how they will vacate the flat if the previous owners do not want to vacate it anyway. 2) Shall I ask for Sale Certificate from the AO (Authorized Officer) as I have paid 25% of Reserve Price as per Sale notice i.e., Terms and conditions of payment.
sir, can I complain about the whole process and about my amount to the higher officials of bank or shall I approach Head Office or Banking Ombudsman for quick response from the Bank Officials/Authorized Officer or for refund of my money deposited.
Regards, Sridhar
KETAN J SHAH
22 July 2017 at 11:48
Respected Sirs,
I am the Landlord of a property in Mumbai. My tenant carried out illegal additions/alterations in the premises without my permission or BMC permission. On my complaint to BMC the Tenant was served with MRTP Notice and followed by Order to reinstate the premises as per sanctioned plan. Instead of complying with the order he challenged the BMC order in City civil court. I had filed the caveat in City civil and High court but the tenant on false oath that he has not received any caveat the Civil ccourt passed an interim order against BMC that they cannot take any action till the final disposal of the suit. However this order is continuing His advocate first filed the Notice of motion followed by Chamber summonsl The chamder summons was allowed to the tenant. The notice of motion was filed in 2014 and the tenants advocate kept on delaying the matter till recently in June 2017 he finished the argument and the interim order was continued till the Ternant gets further stay from high court. However here also the advocate delayed the proceedings and time lapsed and he came to city civil court with application for further extension of time for 4 weeks. However he has been granted only one week and if he fails to procure any stay from High Court then BMC cab demolish the illegal work.
Now my question is that after delay to argue the Notice of motion for 4 long years and also misbehaviour of Tenants advocate in City civil court will he be granted the further stay to interim order which was passed on false oath of the Tenant and his advocate. All the dates for the 4 year delay were taken by the Tenant's advocate No other parties have delayed the matter.
Please give your valuable opinion. My advocate is following up the matter very well but I still want a opinion from your side also.
Thanking you in advance
.
Anonymous
21 July 2017 at 22:53
Hai attorney
My grandfather brought a government agricultural land from ST's directly before 30 years ago.At that time he didn't registered that property.But he took the registered papers from them and took the signatures of those people on new stamp papers.During the division of properties that property divided into four halfs and my father got 1/4th of the property but my father gave money to my uncles and he bought that remaining 3/4th land.My father took the signatures of my uncles on new stamp papers.Upto now that whole is not registered on my father name.But my father have the original papers of that land and signatures of those people(on whose names the land is there).So, can any one please tell me the solution how to register that land on my fathers name.
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