Thirumalai Dasan K
15 May 2021 at 10:32
Sir/Madam,
We reside in apartments having 1112 flats, in Chennai. Completion certification obtained for block wise in 2014,2015 nd 2018 There were 4 associations and free for all situations for about 4 years thanks to builder’s nasty act. Two associations had been deregistered and other two merged to become one. The association charging maintenance but incurring expenses for club house which is got registered somehow in builder’s name and UDS is neither a part of common area nor distributed to flat owners. Buyers paid 1.5 to 1.75L as life membership fee to builder.
STP CTE was given in Dec’2019. According to Association (AGM minutes & other communications), till date STP is not functional/not taken charge and so is the case with Fire Hydrant systems. Deviating from CMDA approval they CREATED COMMERCIAL SPACES, approx. 2000 Sq ft overall. One of approved commercial cafeteria is under lock & key by a third party since 2018 and third party not surrendering key and arm twisting. Security system became so weak because of absenteeism and turnover. WTP is not functional and residents keep complaining about black water. But association /FMS keep charging full maintenance and additional water charges 500/-pm.
ITR was not filed for two years in between and filed for AY2020-21.
Who is responsible for non-compliances and any untoward happens in future?.
Can the assn. charge for water without any Resolution?
Can they spend for club house?
Can they charge interest on delayed payment in protest?
What are the solutions in front of disgusted residents?
Thanks
Deeksha nayyer
14 May 2021 at 23:57
Hello Sir,
CAN WE FILE A DEFAMATION SUIT/ DAMAGES SUIT AGAINST PLAINTIFF, IF SOMEONE IS HARASSING US BY PLANTING FALSE STORIES, EVIDENCE IN THE COURT JUST TO BLACKMAIL US AND GET SOME MONEY FROM US.
THE CASE IS CLEARCUT AND IT IS DISMISSED BY THE COURT, BUT THE PLAINTIFF IS APPEALING AND IN THESE COURT CASES I HAVE WASTED MORE THAN 7 YEARS AND I AM NOT ABLE TO SELL IT OR MORTGAGE IT.
I AM VERY FRUSTRATED WITH THE CASE
MY QUESTION IS-
1. IS IT POSSIBLE TO GET MENTAL HARASSMENT MONETARY COMPENSATION BY FILING DEFAMATION SUITS AGAINST PLAINTIFF.
2. USUALLY AS PER YOUR EXPERIENCE SIR, HOW MUCH MONEY CAN THE COURT MAKE THE PLAINTIFF PAY IF I PROOVE THAT THE CASE FILED BY PLAINTIFF IS FOR MENTAL HARRASMENT.
3. CAN I FILE THE DEFAMATION CASE ANYTIME OR I SHOULD WAIT TILL THE CASE GET DISMISS IN HIGHER COURTS.
Please guide me sir..
Anonymous
14 May 2021 at 17:42
Dear Sir
I have open terrace of 150sq.of my flat on 1st flr. of building. FOR THE protection from rainy season and heavy loaded things thrown out of window from 2nd to 7th flr with garbage , we constructed patra shed. no grill work , no window only patra shed on our compound wall which was attached to my room on first flr.
i used to pay maintenance , property tax regularly because it is a part of my flat. but one of member from my society complaint regarding shed work to NMMC , HENCE NMMC issue a notice to me only . they didn't consider other neighbor shed work.
they said remove shed with in 32 days . Request you to guide me
Anonymous
13 May 2021 at 11:34
I need your help and guidance please . I got your email address from Google online search
I have 30 gunte crop land in raigad out of which 6 gunte was sold by my cousin to third party. 24 gunte is in my ownership since 1975.
There was a ongoing case filed dispute with tahsildar for peek pahani for this 6 Guntee area.
However This 6 gunte registration is done three months back by my cousin. Talathi has written remark of tukdee Bandi and stop the title transfer.
My question is
1. Will the third party able to transfer 6 gunte on his name.? And how?
2. How can I cancel the registration deal and stop the transfer of title for this 6 gunte.
Please guide me
Anonymous
13 May 2021 at 07:55
Sir,
The agriculture Land is the self acquired property of my Mothers' Father[Maternal Grandfather].
He died intestate in 1958 leaving behind his Son(A), daughter (B)(my mother).
On 24/2/2017, My uncle(A) sold the entire land showing Patta (Revenue document) as his title hiding the registered title deed which is in name of my grandfather.He hidden the presence of my mother(B). We came to know about this sale on 01/02/2020 and we sent a legal notice for partition on 04/02/2020 to my uncle and the person who bought the land.
They haven't replied for our legal notice.So we filed a partition suit in district court and prayed to set aside the registration which wont control my mother share in the property.Our case got filed on 04/03/2020.
My query is:
1) Do my case will be rejected on ground of Law of Limitation?
2) I came to know about this registration during 2019 which happened on 24/02/2017 and I sent a legal notice on 04/02/2020 .But case got filed on 04/03/2020 i.e. 3years and 9 days which exceeds the limitation of 3years. The court proceedings are happening.If the defendants Cites the Law of limitation,Will it be barred by law of limitation?
Kindly share your knowledge please.
Anonymous
12 May 2021 at 15:30
Dear Sir/Madam,
I have a ancestral property in Andhra Pradesh which is not yet registered till date(due to poor coordination between the legal heirs) in the name of my late great grandfather and We are in the possession of the said property since 30 years and above.
The Property is in the name of Late Mr. ‘A’(great grandfather) who has 5 sons(in which 4 died and 1 is alive) and 2 Daughters(in which 1 died and 1 alive) and wife also died.
Late Mr. A Family Tree
4 Sons of late Mr. ‘A’
Late Mr. B Late Mr. B has 2 Sons and 2 Daughters, all are alive and wife died (Late Mr. B is my Grand Father)
Late Mr. C Late Mr. C has no children and wife is alive
Late Mr. D Late Mr. D has 2 sons and 3 Daughters all are alive and wife is alive
Mr. E (alive) Mr. E has 3 sons and 4 Daughters, all are alive and wife died
Late Mr. F Late Mr. F has 2 wives(both are alive), 1st wife has no children and did second marriage & 2nd wife has 2 sons and 1 Daughter all are alive
2 Daughters of late Mr. ‘A’ Late Mrs. G Late Mrs. G has 3 Sons and 6 Daughters, all are alive and Husband died
Mrs. H (alive) Mrs H has 5 Sons and 2 Daughters in which 1 son & Husband was died & rest are alive
I am the grand son of Late Mr. B who had been in the possession since 30 years and above( because late Mr. A has been gifted orally the said property to my father since then we are in the possession)
Due to poor coordination between the family members we have not done any registration.
Kindly suggest legal ways to get it registered in favour my father as per Muslim Personal law(Mohammedan Law).
Thanks
Anonymous
11 May 2021 at 23:10
In my society many people signed to change water time from evening to morning
There are 3 room owner who are not agreeing for water change time , will society accept our requests for not changing time for water as we are doing night work from home it's difficult for us for taking water in morning
What to do ?
Please help
Anonymous
11 May 2021 at 00:36
A while back Hon. Supreme Court pronounced a judgement in civil appeal 3526 of 2016.
Reference with application for permission to file case for numerous Consumers with same interest under consumer protection Act;
After a thorough discussion, In Para 26 it is said "For the above reasons, we hold that the application that was filed on behalf of the appellants purportedly under Section 12(1)(c) of the Act was not maintainable having regard to the frame of the complaint, the nature of the pleadings and the reliefs that were sought"
Supreme Court held that though styled as one under Section 12(1)(c) but still application was not maintainable because pleadings were not consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
1. Can any one please share the format of application for permission to file case U/S 35(c) of CP Act 2019 for one or more consumers, consistent with the provision of CP Act and Order 1 Rule 8 of CPC.
2. Please also share your thoughts/tips to keep in mind while submitting application for permission under above provision.
Thank you Everyone
Anonymous
10 May 2021 at 20:58
Hello,
We are Hindus and live in Haryana.
My NANA has 10 acres of ancestral land.
My mother has fight going on with his father( my NANA) for many years due to some monetary disputes.
My mother demanded her share in ancestral property but my NANA refused to give and refused to do partition of land with equal shares.
.
So, with the guidance of a lawyer, she filed a declaration and injunction case in 2012 to get her share ancestral property.
The case gets dismiss due to lack of evidence in 2015
Then my mother didn't filed any appeal.
My Question is-
1) Can my mother get a share in ancestral property now?
What she should do, my NANA is still alive and won't give any share to my mother in ancestral property.
2) what case should my mother file now to get her share in ancestral property.
3) Will the previous case of declaration filed by my mother of declaration will affect the new case?
what to do now.. Any guidance please..
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Land dispute
Respected Experts
Good after noon
Plz guide for the below issue
One chinnayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donates to temples. One house is more important, as it is the worshipping place of local deity, ammavaaru. That house is called as the Maternal house of deity. On evry auspicious occassion the family of chinnyya has to visit temple and invite goddess to maternal house. Said chinnyya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendents have to perform first puja and present clothes and ornaments to deity.
On every dusherra these family members must visit the temple and worship in said house for ten days.
Deceased Chinnayya had Two sons and Three daughters.
Narasimha is eldest son and Nagayya is Youngest son of deceased.
Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house infavour if Narasimha, without the knowledge of other legal heirs or grand children.
Now Anand, son of Narasimha restraining the legal heirs to enter into the worshipping place/house. And also trying to sell away the vacant land of joint family property without the consent of other legal heirs of deceased chinnayya.
daughter and son of Nagayya and other are claiming their right to worship goddess in said house and share in the said land property. But son of Narasimha by name Anand applying his muscle, caste strength to restrict the descendants to perform the ancestral custom of worshipping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders.
In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps
Can approach proper court praying to allow them into maternal house of goddess and to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft.
Or they for immediate relief or else
serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property
Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief