Sarfraz Azeez
25 March 2017 at 15:46
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by
Anonymous
on 23 March 2017
Hello sir firstly i want to breif about what i want to really ask you people is can a high court judge can force any one party to accept the terms what he says during the case is in compromising stage??
by
Anonymous
on 23 March 2017
Actually the case is between property owner and tenant for vacate that is taking position from tenant has the period of tendancy expired in year 2007 i m the son of the property owner my father had filed a case for position after expeiry of agreement which was made by his father during he was alive and he died in year 2005 that property came to my dad share so after death of his father nd after expiry of agreement he filed case after 10yrs last 9months before judgement happened in favour of my dad nd the judgement was the tenant should handover the position to the owner after 2months from date of judgement the tenant just last week before 2months get over went for first appeal in upper courth in mysore stating that judgement down by lower courth is wrong and against law till dn we had filed execution case to get warrent but tge tenant advocate ask judge to not to proceed with process has he has gone to appeal nd hold process till that judgement comes after 6months the honourable hudge of upper court in mysore disposed the case ordering that lower court judgement is perfect and can proceed with that judgement once we got to judgement copy nd submitted in execution case the same date the tenant advocate move to Bangalore high court for stay that day since we had already filed cavact we way able to attend for hearing that the are advocate request the judge not to admit the case has the tenant is defaulted has he had not paid arreas of rent and service tax the judge oral ask the tenant advocate to first habdover arreas of rent and service tax hascper expired agreement rent amount and gave 15time nd date of hearing to pay the rent and request our advocate and my dad not to proceed and get warrent in execution case till next hearing and take date in that case after 15days in next hearing the tenant handover rent arreas cheque but said to honourable judge that he can't pay service tax has the other party did not submit any notice from service tax department to may service tax so he is not allegible to pay service tax nd the honourable judge ask our advocate to say are point so are advocate said since the opposite lawyer has come to this bench for time to handover position we don't giving 6months time but he should pay the market value rent because the old rent wat he is paying is Rs 3.50 per squrefeet but market value today is Rs42per square feet its too much difference and we can proof about that dn the judge ask for opposition advocate how much time he wants and what he can pay he said he needs 2yrs time nd he will Rs5per squarefeet dn honourable just said to our advocate to a compromise settlement that give me 1year 9months time and the rent fixed is Rs6 per square feet since its not fair amount and time we said we don't agree our advocate said atleast reduce time for 1year but judge said if u people don't agree for these terms he will accept the opposition admission and you will not get your property for another 10years and he said he see that case will drag for another 10yrs in anotherwords honourable judge in one way threatening us that if we don't accept for compromise with his terms he will accept the admission and drag the case for 10yrs that too without recieving rent so my question here is can a high court judge force anyone to compromise like that And want to add that the case status is still pending for admission.can anyone let me know what step we have to do has the hering is tomorrow and its for filling of compromise petition
Gen
24 March 2017 at 12:11
Im from bangalore, The apartment is handed over Association 3 years back, But recently we got a notice to pay the Betterment-charges. The apartment builder is not ready to pay it. So we thought the residents altogether can pay it. But some of the residents also not ready to pay their contribution. Is it possible for some of us to pay the amount(250/- per sqm of our share) corresponds to our Undivided-land-share and avoid penalty on us?
Thank you.
Anonymous
23 March 2017 at 19:15
Hello sir firstly i want to breif about what i want to really ask you people is can a high court judge can force any one party to accept the terms what he says during the case is in compromising stage??
Deepak
23 March 2017 at 16:30
Hello all,
I am planning to buy a residential property(alienated with district commissioner order in 1967) which was originally auctioned as a plot by village panchayat in 1978 and allotted to a person from the same village through a registered sale certificate for auctioned value in 1978. Sale certificate had a condition for not to sale the property for 15 years from the date of sale certificate.
But, the person sold the property to another person in 1979 through registered sale deed(during the period this person has got the Khata in his name) which was again sold to a different person in 1991 through a registered sale deed and which was finally sold to the present owner through a registered sale deed in 1992.
The present owner is having the peaceful possession of the property since 1992 with the Khata being transferred to her name and has built a house in the property after taking panchayath license and building approval plan in 1996.
Encumbrance Certificate also shows there are no pending encumbrances on the property(Although a home loan was taken in 1997 and was cleared in 2016).
Property is in a very good location and hence showing interest on the same.
A nationalised bank has already approved home loan for buying the property.
I dont see any issue except violating the 15 years restriction in the original sale certificate.
Is it safe to buy this property?
Thanks,
Deepak
Mahesh
23 March 2017 at 14:10
Hi,
I have a flat in Thane in Joint name with my father. I lost my father in 2008, post which I updated record with registrar office to remove my fater name and add only my name to property. I did this using release deed(from my mother and sister).
No I want top up on home loan in bank and bank is asking for haiship certificate. Is there any alternative to this. As per my understaindig it takes atleast 7-8 months for haiship certificate. Is there any way I can get done at earliest or any other alternative.
What is the procedure for haiship cerificate.
sudhakar s. yeradkar
23 March 2017 at 13:56
Respected Experts,
The newly formed Co-Op.Housing Society is conducting society affairs
by the Provisional Committee which is appointed for one year period.
Now they have to issue SHARE CERTIFICATES to the members duly signed by them.
Additionally they have to handover official possession letters & copy of OC obtained from the Builder.
THE ISSUE IS, few members have done illegal construction, encroachment of society spaces, alteration in the flat etc. The Provisional committee has sent official letters to them to demolish/restore the same.
The Committee has decided not to issue SHARE CERTIFICATES or handover them possession letters till they demolish/restore the construction.
I would like to know whether is it correct action of the committee? and what are the implications and consequences.
Thanks in advance.
Yeradkar
Priti
22 March 2017 at 13:33
Hi experts
My father gave our residential property to one of our relative as bank garantee of Rs 90 lakhs loan. The loan was taken for a poultry farm which is on agricultural land. Now he was unable to pay loans and outstanding is 60 lakhs. Bank has declared it as NPA and has sent a notice of 60 days under surfaesi act in which at serial no. 1 is farm and no 2 is residential urban property. I believe there is no CLU of land. But agricultural land on which farm is constructed is being used for commercial purpose and no cultivation is going on. I want to know is Surfaesi act applicable on this land and can bank auction this land first. Actually we want to save our residential property. Pls suggest. My father has become victim without fault by giving residence as bank gaurntee.
Mrunmai Deshpande
22 March 2017 at 06:41
Is notarized Power of Attorney sufficient for registering Leave and Licence Agreement for a flat in Thane for 33 months with a rent of Rs 20000/- per month ? Please advise !
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