Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   29 November 2009 at 00:02

Bachelors and Spinster tenants in the society

Our building is under construction and builder has formed provisional committee to have better control over maintenance work.
This provisional committee received many complaints caused due to nuisance caused by the Bachelors and Spinster tenants in the society such as having late night parties every week with loud music, Drinking liquor in society premises and going on top of the society terrace, Girls coming and staying overnight with the boy tenants (of course bachelors and same happening with boys staying over night with girl tenants). 99% of the society members complained about it and asked to expel bachelors and Spinster tenants. So this provisional committee has passed a resolution unanimously that no flat owner is permitted to rent his/her flat to Bachelors or Spinsters. Is this valid as per Maharashtara Society Act? If not then why? What action can society take against such bachelors and spinters if the resolution passed is illegal? PLS SUGGEST!!

Reshma K   28 November 2009 at 23:04

Rent / Lease

hi, Can you help me understand the difference between Rent agreeement and lease agreement or both the same.

Scenario / Question 1: For example in Bengalure, when I take a house saying I want it for rent, I pay 10 months advance of the month rent amount and then pay monthly rent. What is this - is it lease, rent - pls clarify.


Scenario / Question 2 - Again in Bengaluru (may be other cities also) we have an arrangement where in we pay for example Rs 3 lakkhs in the begining and stay for 1, 2 or 3 years and no periodical payment and when we leave the entire amount is paid back. What is this?? Poople generally call this as lease?

Question 3 - In Secion 105 of the TP Act there is mention of Price and then of Rent. What is the difference. Can you pls explain with an example the difference between the two.

dasd   28 November 2009 at 21:45

COOPERATIVE SOCIETY

I have been alloted a property in society for which they have taken transfer fees+allotment money (i don't know the terminology).but in transfer deed it is written that neither you,your spouse,minor children, can acquire any other property in any other society.till now i have not registered property in my name .

My QUESTTION IS WHEN I REGISTER PROPERTY IN MY NAME

WHETHER I WIL STILL REMAIN A MEMBER OF COOPERATIVE SOCIETY?(WHETHER AFTER REGISTRY I WILL STILL BE CALLED AS MEMBER OF THAT SOCIETY OR PROPERTY WILL BE IN MY NAME AFTER PAYING STAMP DUTY?)

WHETHER I WIL HAVE TO FOLLOW CONDITIONS IMPOSED ON ME AS TOLD ABOVE?

aisha   28 November 2009 at 20:37

registered agreement to sell

We (me and my husband )executed registered agreement to sell his flat to me for rs 25 Lacs. Agreement is that seller had recieved 5 lacs from me in cash and i have to balance rs 20lacs l in before trasfer in my name and that seller will transfer in my name after march2006 (as society trasfer rool) if he fail to do so i can get it transfered through court and seller will bear the legal cost. I paid balance in dec 2005 in cash which has been taken from my brothers and sister (all cash ) with duly signed reciept. I completed wood work and other interior in jan 2006 and also relesed to let advt in news papers but the flat was not rented and we left one flat key with Chowkidar of the socety so that property dealer can show our flat as we live at different city . In march 2006 my husband deserted me and filed divorce case as well as petition to cancel agreement to sell as it was under duress ( as there was case pending in the court when this was executed ) and he is not recieved any money from me .
Actualy I had filed one complaint u/s 420/376/494 etc against my husband in 2005 as he was living with othr lady and was saying that she is his wife not me . The said case was pending in the court and he knowing that he is in trouble he approached for compromise and said that he was traped by this women he want to get rid of her so he need 25 lacs / he will have give her flat . As he promised that he will live with me now and also stated in the court that i am his wife and he gas not performed any other marriage, I also softened my stantd. And he was aquited in nov 2005 by order that i am his legally weded wife and 2nd marrige is not proved.
At the 1st hearing of agreement cancel case i told every thing to judge that how i was cheated . He advised me to file case to transfer flat in your name and take stay on flat . i filed the same and deposited court fee 1.4 Lacs in the court.

Its been long 4 years myside evidence is complete . Tehsildar has agrred that it is registerd in the office .
Now my querry is that he has rented out it for Rs 30000.
Can i get benefit of the rent?

Is there anyway i get possetion as he has forcefully entered as keys are with me only ?

I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat





Shivom Jindal   28 November 2009 at 19:45

Verification of Loan Documents

Hello members, i have certain queries in continuation of my earlier queries regardin EQM and RM. While verifying the Loan documents of Bank we have to check the documents such as:-
1 NEC
2 Receipt of payment of fee for search
3 Mutation/Jamabandi
4 Title Deeds
5 Legal opinion
6 Valuation certificate
Now the thing that is confusing me is how to verify that Banks Lien has been marked on the same property or not. The answer to this query was that bank will apply in form VI B and ceritificate in respect of the same will be issued in form VI C by the respective authorities.
Is the presence of above 6 documents is sufficient to have a valid legal claim or lein mark is must to avoid any fraud.
Further some please tell me the purpose of Vetting of Loan Documents.
Thanks in advances.

Anonymous   28 November 2009 at 02:10

Unregistered sale deed

Hi,

I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,

1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.

2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.

3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.

4. I have an adangal record(possession record) since 1977 for every year till date.

Now here is the problem....

There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.

Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.

2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?

Thanks in advance.
-Raju Jagadeesan.

Anonymous   28 November 2009 at 02:07

Unregistered sale deed

Hi,

I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,

1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.

2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.

3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.

4. I have an adangal record(possession record) since 1977 for every year till date.

Now here is the problem....

There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.

Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.

2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?

Thanks in advance.
-Raju Jagadeesan.

meenakshi chauhan   28 November 2009 at 02:07

conversion scheme from lease hold to freehold

DDA has a scheme of conversion of lease hold property to freehold property, in the name of GPA holder. Is this mandatory to have agreement to sell, if the property sale is done on GPA basis? Can DDA do the conversion without taking the agreement to sell?

Anonymous   28 November 2009 at 02:05

Unregistered sale deed

Hi,

I have purchased an agriculture(14.5 acre) land a few months ago. Among the mother documents, one of it says,

1. He(seller to me) purchased 21 cents from X (who was neighbour) thro' unregistered document dated back Jan-1974, worth about Rs 175.00. This 21 cents is part of 3.21 acre. The X guy kept the remaining land for his own purpose.

2. My seller was in possession for this 21 cents since 1974. On the same month of 1974 ,my seller applied for the name transfer to the revenue department.

3. The revenue department reviewed and approved. Then they merged the above 21 cents with his existing land. B'cas these lands are coming under the same survey number but different sub-division. For the proof the revenue department sent the mutation proceedings to my seller on 1977, which clearly states that my seller is the owner of this particular 21 cents.

4. I have an adangal record(possession record) since 1977 for every year till date.

Now here is the problem....

There is another guy (who is also a neighbour to this 21 cents land) now claiming (after I purchased that land) that he is the owner for the above 21 cents. I've asked him to show the document. I have checked that document. It's a registered document, executed by the X's wife and his children on 1976. B'cas X(the guy who sold to my seller) was died on 1975. But he doesn't have any possession records till date. The thing is that this guy(who is claiming the title for 21 cents now) and my seller were neighbours for more than 40 years.

Here is my question,
1. do you think I'm the title owner since I have the possession record with peaceful enjoyment without any problems for more than 12 years. I mean 'Adverse possession'.

2. The opposite party is asking me for the compromise in the sense that asking for money to give his rights. What do you think?

Thanks in advance.
-Raju Jagadeesan.

malashree   28 November 2009 at 00:27

Regarding unprobated/unregistered Will

In a partition suit case the defendants have made a forged Will and produced a photocopy of the same in the court. The said Will is unprobated/unregistered and the date mentioned is 1.8.1988. Please explain in details on what grounds the above said Will can be challenged in the court of law.



Course