Anonymous
21 January 2010 at 11:53
Dear Sir/s,
I shall be very much obliged if you can solve my following Queries.
1]After completion of construction of building for How many years Builder/Developer is liable for any defact in construction of building?
2] What are the documents (original/Certified True Copies) require to be taken from the Developer/Builder after completion of the construction of building ?
3]After completion of the construction of building within how many months Builder/developer should give conveyance to the Society ?
Pls. advice me at earliest and for which I Thank you all in advance.
Bharat Gala
P.C. Joshi
20 January 2010 at 21:10
Dear Friends,
Your opinion is required on the following interesting issue.
A ltd has a rented office in Mumbai. Area is abt 1015 sq ft and monthly rent is Rs 1725(one seven two five).
Way back in 1972 the premises was taken under leave and licence agreemnt for 5 years between A Ltd and one Mr X who is named as licensor in the leave and icence agreement and rent was fixed Rs 1725/- pm and from that date the rent is Rs 1725/- till date.
In the afresaid L&L agreement, it is also mentioned that the owner of the premises and Y&Z who have under an agreemnt authorised X to use/let etc. the premises.Meaning thereby that a ltd in a sub tanent.
on 20th Dec09 X sent a vacation notice of 30 days to A ltd. and after expiry of the said period of 30 days,demanded arket rent @Rs 100/- sq ft till vacation.
Interestingly, the L&L agreement mention that the term is 5 years and there is no renewal clause. But the preises is possessed by A Ltd. There is no arrear of rent and no such notice is issued before.
What legal remedy is available with A Ltd, which is not protected by Mumbai Rent Control act and what defecnces it should take replying notice.
Other issues:
1. Can X is legally authorised to issue notice of vacation when it is not a owner.
2. is sub tanency is a defence in itself. sub tanency subsists Because, X being a tanent himself can not compel A ltd
3. Non existence of the leagl owners or their legal hiers makes any difference.
4. can a ltd tkae plea of perpetual lease.
Regards
P.c. Joshi
eshwar
20 January 2010 at 12:51
dear experts i have a peculiar case
case details.
1) one of the son asked for partition in the self occupied property of an father after break opening the lock of the floor for which the owner was receiving the rent.
2) the father has asked for the rent at the rate of rs 450 per month
3)the high court has passed an order for recovering the rent.
4) now the son who is using the property for his commercial purpose.
5) the civil court has passed an order to pay the son a sum of Rs 2000000 as an share in the self occupied property.
Questions
1) can we now recover the rent which is p reveling in market now or we can recover only the old rent of RS 450 P.M
2) can we deduct the rent form the amount payable to the son and pay his share in the
property
3) can we make an application to do so to the civil court
4) or we must put an another case
5)can we bring attachment to the deposited amount of money (share) by filing a new case in civil court
Anonymous
20 January 2010 at 11:47
Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK
RM
19 January 2010 at 17:41
An urgent Opinion is required ..
A person having a self – occupied commercial property in a regd co-op hsg society and was running a business from said property with all permits & licenses..
He dies without WILL . Wife and Minor Son have obtained Heirship Certificate from the Court of Civil Judge… wherein it is mentioned that , “ They have been recognized as heir of the deceased in respect of the commercial properties ”
Lady wants to sell the commercial property alongwith business rights ie. permits + licenses to me and my friend ..
My Queries are :-
1. Heirship Certificate issued mentions only about commercial property and nothing about deceased’s business permits + licenses.
Does this mean that wife & minor son can get permits + licenses transferred to their name( Without Will ) on basis of this heirship certificate ??
Can’t there be any claim from someone regarding business and does this heirship certificate should also mention about this business ??
2. As wife & minor son both are recognized as legal heir of property , they jointly held this property
Is consent of minor required to sell the property ?
If so can we ask the lady to produce Court Orders OR Court permission for sale of minor's property ??
3. Can we ask for Society N.O.C. ( as commercial property situated in a co-op hsg society ) before Signing Agreement for Sale… ??
Share certificate mentions property transferred to lady’s name ( no mention of minor son ).
4. Can we Enter into a Single Agreement for Sale for both property & business permits and licenses and pay stampduty .. or separate agreements for both
As we will pay individually and then later on transfer it to Partnership business .
Anonymous
19 January 2010 at 16:28
what is the difference between mortgage deed by way of deposit of title deeds and mortgage deed?
Amarita Kaur
19 January 2010 at 14:03
one of my neighbour is constructing a house beside mine . He is raising four floors which will cause damage to my property.Please assist me what complaint shall i make and under which section ????
This is my clients query and want the answer to the same????
Subrahmanyam
19 January 2010 at 13:26
Is it possible to write a conditional gift deed to transfer a property without allowing the donee to sell it, if yes, can anyone pls provide a format for the same
R_PVK
19 January 2010 at 12:11
Dear sir
under latest ammended sucession act 1925,my mother has been established as a only legalheir to inestate property of her small brother shri A.S.Ganesan under the provision of schedule class II OF ENTRY IV since because of blood relation and the living children and spouse of the predeceased big brother are only entitled if my mother is not alive, if this is so i am not able to understand why letter of administration under recent 1925 being issued without linking the actual act 1925 latest ammended on 2005 is not clear.
secondly why sucession certificate is not being issued when it has been clearly established that my mother is only blood related relative alive on this date.
this information is being sort because some of the bankers are not acceptingthe letter of administration of high court as a sole proof for the sucession of my mother .pl advice
R_PVK
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