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Kani   14 December 2021 at 15:39

Acquisition of mortgaged property

Part of land mortgaged to the bank has been acquired by the Government for National Highway.
Does this act of acquiring of land by other party invalidate the equitable mortgage. ?
Should the bank create new equitable mortgage or continue with the existing mortgage ?

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Anonymous   14 December 2021 at 11:19

Voting rights in society

Dear All,
1. Can a MC member of the society who has taken an adhoc decision for an inappropriate project resulting in a legal case against him/her, money drained from the housing society can be allowed to nominate for committee members
2. If a resident had defaulted more than 3 months of maintenance can he be allowed to nominate himself by any other means

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Anonymous   13 December 2021 at 13:27

Execution petition

The Plaintiff have filed a suit for (O.S.No.381/1969) Specific performance of the above agreement before the Vth Additional Judge,City Civil Court, Hyderabad parties have entered into a compromise (1st compromise) and wherein, the Respondents herein have offered to give 20 acres and 39 guntas to the Appellant/plaintiff.when the Respondents have failed to honour their commitment as per the above 1 st compromise decree, the DHR/Plaintiff filed the present E.P.No. 58/1984 before the executing court for execution.In this E.P. also, again both the parties have entered into another compromise and as per the 2 nd compromise, the DHR/Plaintiff was allotted 12 acres, after foregoing 8.39 acr. as they have declared excess land given to government
(2nd Compromise decree) DHR/Plaintiff was allotted 12 acres, and physical possession has been given JDR.
MY QUESTION.
DOCKET ORDER DATED 21.02.1985 IN EPno 58/1984 is as under
"compromise checked. the same is in order. compromise recorded EP is CLOSED.
AS THEIR WAS NO FINAL ADJUDICATION OF THE RIGHTS OF THE PARTIES ON MERITS. SO THAT I WILL NOT HIT BY LIMITATION

1. How you could say that E.P No58/1984 was closed by the court for "statistical purpose."
2. How this present (EA No 745/2015) petition is maintainable for reopening of EP NO. 58/1984 , as there was no EP filed, after recording compromise in the above Ep On 21.02.1985.

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Anonymous   11 December 2021 at 18:48

Partition deed

Hi,
I am illegitimate child , our father's ancestral property partion was done in 1981,when my father was unwell due to liver issues.He expired in 1982.I was minor at that time.In the partition deed all my father's sister,1st wife and his children's are given shares in the partition.My brother & me are not given shares in partition.we came to know about the partition deed few days back.pls guide for legal options,
Regards

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Anonymous   10 December 2021 at 11:04

Missing possession letter/certificate issued by the builder

I don't have possession letter and certificate issued by the builder for my flat. All other original copies like registered sales deed, sales agreement , allotment letter etc.are available with me. Now I am selling my flat and buyer is asking for possession letter. How to proceed? Does possession letter/certificate has any legal value? Registerd sales deed already has the possession clause as below

"possession of the said unit has been handed over to the VENDEE, the VENDEE hereby confirms taking over possession of the said unit from the VENDOR after satisfying himself and that the VENDEE has no complaint or claim in respect of the area of said Unit, any item of work, material, quality of work etc., therein."

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Suraj Sonule   09 December 2021 at 13:04

Maintenance charge on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50,000 in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

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Suraj Sonule   09 December 2021 at 12:59

Maintenance charges on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50k in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

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Swarup kumar das   06 December 2021 at 22:39

After partition deed can apply home loan

I have a joint property with my sister,Now we decided we are construct g+2 bulding.We are going to make Registered partition deed.My sister having sufficient money for construct the property but I can't,hence I need home loan,but my sister not interested for home loan.can I apply home loan in favour of said partition deed.

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Swarup kumar das   06 December 2021 at 22:33

Partition deed

D

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Anonymous   05 December 2021 at 12:31

Clause in gift deed

Grandfather is gifting flat to minor grandson, but has right to share the said flat, take rental income and to arrange for expenses throughout his (grandfather) life. Request experts advice on below clauses of this conditional gift deed.
(1) Actual physical possession of the Said Property has been handed over by the Donor to the Donee, and Donee is in possession of the same at the time of execution of this Gift Deed. Donor, being head of the family, is entitled to share the said property with Donee.
(2)Donor is entitled to receive the leave and license fees, rents, issues and profits thereof and of every part thereof to during his life time for his own use.
(3)All Society charges, Municipal and other taxes, and other maintenance expenses relating to the said Property shall be borne, paid and discharged by the Donor throughout his (Donor) life, and thereafter that shall be borne, paid and discharged by the Donee.

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