Anonymous
31 March 2010 at 13:17
SIR,
WE ARE STAYING IN PUGHARI SYSTEM IN MUMBAI , REDEVELOPMENT PROCESS WILL BE START IN NEAR FUTURE, SO PLEASE GUIDE ON FOLLOWING OR PLEASE SUGGEST THE BOOK WHICH GUIDE AND FOCUS ON FOLLOWING POINTS AND REDEVELOPMENT RULES, ACTS DEVELOPMENT REGULATION CONTROLS AND LATEST JUDGEMENT AND TAXATION. EFFECT ON REDEVELOPMENT.
1) FOR REDEVELOPMENT WHAT IS THE PROCEEDURE?
2) HOW MANY MAJORITIES REQUIRED FOR REDEVELOPMENT?
3) IF MAJORITY AGREES TO JOIN REDEVELOPMENT, WHAT IS THE STAND OF NON-COOPERATIVE TENANT?
4) WHAT MINIMUM AND UPTO WHAT MAXIMUM CARPET AREA SHOULD TENANT GET?
5) SHOULD TENANT GET NEW ACCOMODATION WITH GALLRY/BALCONY?
6) IF MANAGING COMMITTEE IS APPOINTED WHAT ARE THEIR RIGHTS AND DUTIES?
7) WHAT ARE RIGHTS AND DUTIES OF DEVELOPERS/BUILDERS?
8) ON WHAT GROUIND MANAGING COMMITTEE CAN BE DISSOLVED? CAN TENANT CAN FILE A SUIT AGST THEM ON ANY NEGLIGENCE?
9) ONCE CONSENT GIVEN BY TENANT FOR REDEVELOPMENT, THEY CAN WITHDRAW THE CONSENT FOR REDEVELOPMENT? ON WHAT GROUND AND UNDER WHAT CIRCUMSTANCES?
10) WHAT IS THE BASIS OF CORPUS FUND?
11) IS CORPUS FUND GIVEN TO TENANT IS TAXABLE INCOME?
12) REIMBURSEMENT OF RENT WHILE EVICTION FOR REDEVELOPMENT IS TAXABLE?
13) TRANSFER OF TENANCY RIGHT TO OWNERSHIP RIGHT IS TAXABLE UNDER THE HAED CAPITAL GAIN?
14) WHAT IS THE IMPECT OF SERVICE TAX ON TRNASFER OF TENANCY RIGHT TO OWNSERSHIP RIGHT AS THE BUILDER/DEVELOPER IS JUST PROVIDING SERVICES TO OLD TENANT ON ACCOMMODATION GROUND UNDER REDEVELOPMENT SCHEME, THERE IS NO COST OF ACQUISITION AND CONSIDERATION INVOLVED IN IT.?
15) VAT EFFECT ON TRANSFER OF TENANCY TO OWNERSHIP RIGHT
16) WHAT IS THE BASIS OF BANK GURANTEE?
17) FOR ANY REASON, IF REDEVELOPMENT PROCESS IS STOPPED, WHAT TENANT CAN DO AGAINST DEVELOPER/BUILDERS?
Anonymous
31 March 2010 at 12:13
trust has got the rights to develop the garden in open space of layout within corporation area, ulternatively the trust is allowed to construct a meditation hall in the same garden. what is the legal position of a trust as far as owenrship is concerned. or the future problems may arise in smooth use of meitation hall?
Anonymous
30 March 2010 at 21:01
Hi,
Can a land owner (currently occupied by tenants since 40 years and not paying rents)
of the suburbs; sell FSI (1.33~2) or TDR to any xyz developer within the suburbs ?
1) Can this transaction take place and will
this transaction be treated as valid and legal ?
2) What should be the actual procedure if this kind of sale has to take place ?
Your expert advice is highly appreciated.
Thanks and Regards,
Legal Eagle
30 March 2010 at 15:14
Hi. A charitable institution has a piece of land which is agricultural. The names of the trustees shown is that who have expired. Is it necessary that the new trustees whose names have to be brought on the property card have to be agriculturist??
What is the procedure for bringing the names of the present trustees who are non agriculturist on the property card?
The trust is not interested in converting the land from agricultural to non agricultural.
Please its urgent.
Anonymous
30 March 2010 at 01:48
1) I had bought a land worth Rs. 10 lakhs in Thane district, Maharashtra from Seller in 2008.
2) Seller had mutated documents in the registration office by making a false declaration that he is a sole legal heir to this property.
3) Seller actually had a brother, who came to know of this Sale. He is also a rightful owner of this plot. This brother is now alleging that he is entitled to 50 percent of this plot.
4) How can I defend myself? I was not aware that this land actually had two owners. In reality, the Seller has duped me. I have paid 100 percent of market value of this plot to the Seller. But there was no way I could find this as the mutation had already been done in the registration by the seller giving a wrong family tree. The plot was ancestral and the seller's father was the sole heir who died without making a Will.
Please help.
Can I defend myself? This brother is threatening to lodge a police complaint and file a suit against me. Can this brother file a suit against me even though I went legally as per what was given in the records at the registration office?
Is there any limitation for the brother filing a suit against me? It is already two years since I bought this plot from the Seller.
SUBHASH SHARMA
29 March 2010 at 20:13
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).
FATHER REMARRIED AND LIVING SEPARATELY.
SISTER IS ALSO MARRIED.
NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.
ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.
1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.
2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.
3) POWER OF ATTORNEY IS VOID OR NOT.
4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY.
KINDLY SUGGEST.
Anonymous
29 March 2010 at 17:44
Hello,
i have a pvt ltd company and i am a farmer and i have bought agriculture land in maharashtra in 2006 and registered around 5 acres land on my company's name which is pvt ltd company. I just like to know whether my regt docments and conveyance that i did on my company's name is valid or not.
do i have to convert land as Non Agriculture NA to be valid land parcel in my company's name or i can convert the land as NA when i want to come up with residential project there.
Pl guide me.
thanks
Anonymous
29 March 2010 at 17:18
is it true that after particular number of years a sale agreement looses its validity if not registered or proper payment made to the purchaser. if yes what is the time limit. kindly give details
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Equal Partition
Hi all,
We are two sons for my mother, my father had another family. He left us on 1985; there is no evidence of his residence. My mother died in 2002. In the heir certificate it’s mentioned that my father is my first heir. We made a partition among us by speech. Now my elder brother is refusing for a mutual partition as we spoke. He is enjoying the whole property. In this how to proceed for a partition. And after partition how to register the property in my name.
Property details
1. One house in my mothers name from my grandfather as a gift deed. (in the document its clearly mentioned that after my life of mother its belong to sons so there is no interfere of my father)
2. One small house bought by my mother and registered in her name.
3. One land bought by my mother and registered in her name.
My brother taking the 1st property, because there is no interfere of my father.
I tried to search of my father but there is no trace of his presence.
How can I make a equal partition? And after getting my part how to register the property without the first heir (father).