Anonymous
03 October 2010 at 17:15
Hi,
The flat in which I reside in Cochin does not have a residents' association. The flat's activities,maintenance and things are taken care of by the flat owners' association.The tenanta residing in this flat does not have any say in the daily matters of the flat. They are treated impartially by the members of the flat owners association. Even some of the owners are also not helpful.
Coming to the problem, we tenants are compelled to pay the rentals whatever this association decides and enough facilities like proper water supply, security arrangements,cleaning,lift facility are not provided.A portion of the rentals paid by the tenants are used to meet other activities like painting the building,building the generator shed,purchasing the furniture for the office of this association, etc.This association is controlled by few mwmbers of the owners.
These members of the assoiction denied to show the accounts of the maintenance amount collected from the tenants.They claim that it was decided by all owners that the maintenance expenditure will not be shown to the tenants.Whereas, in the rental agreements of each house leased/rented out by various owners clearly state that the maintenance charges are separate and had to be paid by the tenant towards the building maintenance.
Do we, tenants have the right to ask for a transparent dealing when it comes to the maintenence of the building? Does the owners assoication have the right to deny showing the accounts to the tenants,as long as the tenants are paying the maintenance charges?What can the tenants do to tackle this type of approach by the members of our flat's association?
Thanks
Anonymous
03 October 2010 at 17:14
My Mother who died intestate has left 3 feet common passage to her daughter. We are 6 children to our parents. Now my mothers property i mean land and building has come for sale. Daughter has got 9 feet common passage on the other side in addition to 3 feet stated above. Daughter is blackmailing us that we cannot sell that common passage to the purchaser. We want to sell that common passage to the purchaser and state very clearly in the sale deed that both purchaser and daughter in question can use that common passage for ever.
Daughter has constructed balcony for first floor in her house using the common passage
Is this allowed as per law or can we move the matter in the court and get it demolished as common passage is meant for walking and no structure should come in that passage either in the ground or any floor. My parents have not sold the common passage to their daughter.
Please advice me urgently
Radhey
03 October 2010 at 15:40
On last dt. my advocate could not attend the court,so the court penalized me for Rs.400/-,I paid this cost of Rs.400/-in cash on the next date,which was received by the opponent Advocate in front of the Court,without issuing me any receipt.
Someone told me that costs are always born by the Clients and gained by the Advocates,is it right ?
If yes,is not it unfair ??
Should not a receipt have been issued by the opponent party to me ?
Plz. guide.
Anonymous
03 October 2010 at 14:45
Sir I have done CA in 2006, Now I want to do LLB.
(i) Pls tell can I do so & for this will I have to take prior permission from ICAI.
(ii) Can I do LLB through distance learning and then after completing register with BAR council.
(iii) Is there any exam exemption for CA doing LLB course.
Pls guide me
arulsiva
03 October 2010 at 13:20
dear experts,a person is the founder managing director of a trust and now he is going to be appointed as a judge can he remain founder managing director of the trust
vivek nandwana
03 October 2010 at 00:57
plz.
send me a list of 10 advocates high court jaipur
vinod bansal
02 October 2010 at 23:41
R/Experts
In one of my consumer complaint case,a truck theft claim was repudiated by ins. Co. on the ground of non existence of insurable interest.Facts of the case are as under:-Mr. A is registered owner of stolen vehicle and insurance is still in his name,but in the year of 2005 he executed power of attorney in favour of Mr. B and it was specifically mentioned in the power of attorney that A is Regd. owner in possession of vehicle and power of attorney holder will do all kinds of works even court case/proceedings etc. on behalf of Mr. A (Regd owner and insured)but co. repudiated the claim on the ground that Regd. owner Mr. A is having no any insurable interest in the vehicle now as he has already sold his vehicle to Mr. B.In fact Surver got signed signature of POA Holder on some blank papers in good faith,It may be possible that surveyor might have prepared some fake writings.Kindly advice,case is fixed for 20/10/10 for Arguments .Thanx in advance
anand
02 October 2010 at 21:57
Sir/Madam
The, Hon able court given Preliminary decree after that I have to for FDP wht will happend in FDP is there again appeal,etc is it lengthy proceducre.
I had given the preliminary decree to all department for mutation of name in CMC,Police Department,Licence Department they all are asking me to get the Orignial Document that i dont have than what to do again i have to go through court.They are not entering my name what to do that all orignal document, that defendant have and he is not giving i have to call out in FDP.
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URGENT - construction of balcony above common passage in 1974 is it legal
My mother owner of self acquired property died intestate in 1996. She has got land and building in her name. My father expired in 1994. We are 6 children to our parents. Now my mother’s property has come for sale. My mother sold some property to first son-in-law on 02-feb-1974. It has been clearly mentioned in the sale deed that 3 feet common passage has been left for first son-in-law’s family in addition to 9 feet general common passage which is already there on the other side. She has constructed ground floor, first floor and second floor . In the first floor and second floor she has used the common passage and constructed balcony in that place. This passage is the only passage for first and second floor entrants
First son-in-law expired after my mother’s death and my sister has become the owner of that property. Our parents house has come for sale now and my sister is black mailing us that unless we mention in the sale deed that 3 feet common passage will not be sold to the new purchaser and it solely belongs to my sister, she will not sign the sale deed. Our Parents have not sold the common passage to her and I feel we have every right to sell that property of 3 feet in addition to our property and mention in the sale deed that the 3 feet common passage can be used by both daughter and the new purchaser. She has flately refused to sign the papers. We tried our level best to convince her it is impossible now.
Can we go to the court to demolish the extra balcony constructed by her in the common passage in first and second floor. This is the only common passage for first floor and second floor entrants. Is there any time limit for demolition. Please clarify URGENTLY