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Dilip Seshadri   26 June 2017 at 17:44

Tamilnadu apartment maintenance charges

Dear experts,
As per Tamilnadu apartment ownership act 1994 (act VII of 1995) Chapter V point 19.1, clearly says that maintenance should be levied on per sqft basis. I am presently MC of a 62 unit apartment wherein the maintenance is on common(PF+PSF) basis. By following this method, the smallest unit is paying 2.80 sq.ft while the biggest unit is paying 2.23 sq.ft. We have newly taken over and changed the manpower agency and reduced the monthly spending considerably. Now we want to reduce the maintenance cost. The new MCs have proposed 2.35 PSF. By following this method all flats will be paying less than the present except the biggest flat. The owner will be paying more than the present maintenance amount. Unfortunately he also happens to be the treasurer of our association. So we have given him the smallest reduction by which he will be paying 2.15 PSF while other 61 will be paying 2.35 PSF. 3 of the residents have said they are happy with reductions but it should be 2.35 for the biggest flat as well.
1) What do you propose?
2) Can we follow the new method on trial basis without amending byelaws for 3 months?

3) Also what is the rule in tamilnadu for unoccupied flats. Some owners are abroad and their flats are empty from day 1. While some owners have locked their flat with their things and went onsite. They are asking for discounts as none of the amenities are being used by them and are not paying maintenance for the past 10 months. They are expected to be abroad for 2 more years.
Kindly advice on the same?

PAPUNI KUMAR BARIK   26 June 2017 at 13:56

107 case for land issue

Sir I have bought a land 1month before and Mu patta is under process.mey attached land owner is pointing me to file a 107case against me. I am going to build a house there, so will there be any issue for that. Please help me.

Sanjay   26 June 2017 at 05:59

Grandfathers will unprobated

My Grandfather had made a Will. He has three sons and one daughter. He mentioned in his will a specific amount to be given to her daughter form his bank balance and the flat to be transferred in his three sons name, He also mentioned that the flat is wished to be soled would have specific ratios in which it should be divided among the three sons only.
The daughter of grandfather now is claiming a share in this property and has sent a letter to the society informing them not to transfer the flat in the three sons name. She is claiming that this will is fraud and hence society should not transfer.
We want to know our options.

Ps in the letter to the society the daughter has mentioned that she has objection in this transfer and will raise her objection when the will is sent for probation

Regards

Liya   25 June 2017 at 21:24

Power of attorney - karnataka

Hi all,
I am living overseas. I have an apartment in bengaluru in mine&my husbands name. Now we want to sell that apartment. I want to give the power of attorney in my father's name. I heard, in case of a GPA in favour of a family member (father, mother, husband, son, daughter, brother and sister), for sale of a property in Karnataka, the stamp duty applicable is Rs 100. In case of a GPA in favour of some other person for sale of property in Karnataka, the stamp duty applicable is as on the sale deed on the market value of the property plus one percent towards registration charges on the market value of the property. But because the property is both in our names, what is our best option? Please advise. Thank you.

Vishwajyoti   25 June 2017 at 18:04

Can a disinherited son can claim property after father death

Hi experts,

I want to know that can a disinherited & disowned son can be a legal heir of his property after his father death?
My father died last month. We are two brothers & mother is no more. By the influence of some relatives he had given a notification in the leading newspapers that he had disinherited and severed all relations with me. He has two self earned property one is in Delhi and other in Bhubaneswar.
As per my knowledge he didn't make a will.
My question is that is there any scope for claiming as legal heir.
Waiting for the expert's advice.
Thanks in advance.

Shahidm228   25 June 2017 at 00:48

Muslim minors law

Hi,

My father and grand father Purchased a propert in 1995 from muslim widow , my father transferred his purchased share to my mother in 2002. In the year 2005 her minor sons and daughter filled a case saying her mother and elder brothers sold there share illigaly . As per sale deed widow and her elder sons sighed in register deed saying the property selling for house maintainence and business purpose .
In civil court filled suit won by them
Kindly help me in what way i need to appeal in highcourt.

KAUSHIK2006   24 June 2017 at 14:46

Tenent issue

Dear Team,
I have bought my brother’s property having a shop for the sale consideration and duly registered recently. The said shop was let out 20 years back and tenant is paying rent regularly to my brother. I made intimation verbally to the tenant and he is now demanding that he made some alteration to the shop after getting oral consent with my brother (my brother is denying the same and he himself made it for his business purpose) and he wants me to pay/ mentioned the expenses as advance in the new rental agreement. Moreover, my brother made agreement wherein there is a clause that the tenant has to obtain written consent from the lessor for any alteration to be done. Kindly guide us.

Best regards
Kasuhik

Swati   23 June 2017 at 19:08

Property Rights

If husband and wife owns a flat and made a will on their son's name which is registered.

Now husband is no more and wife needs to sell the flat. In this case does her son stands 50% share?

swapnil   23 June 2017 at 19:07

Kulkayda Act 70ब

My father has a land in lanja, Ratnagiri. In 7/12 extract on right side top it shows other person name as "साधे कुळ" we had notice this in march 2016 immediately we filed a case through lawyer in tehshil court but the lawyer is not responding properly and even he is not attending the dates hearing. Recently, I lost my dad. Some people from that village told me that to give that "साधे कुळ" 15%. Firstly I dont know how that person name came in 7/12.?
I dont know what to do, please help me out from this.