Anonymous
06 July 2021 at 20:53
Dear Experts,
Need a guidance on the below:
We are an apartment association registered with Registrar of Society, Karnataka.
There are in total 35 flats in the apartment. One of the flat owners is very rude and they have moved in to the flat without obtaining an NOC from the association though they knew that the previous owner had some pending maintenance dues. The notice in this effect was prominently displayed on the entrance to the lift and passage. Also they have chosen not to become members and membership fee is still not paid. They forcefully park their vehicle in the parking area eligible for their flat, though the parking space is not yet allotted to them by the association for non- submission of NOC before moving in to the flat.
They are very irregular in payment of monthly maintenance dues, as well as other payments towards society developmental charges. The maintenance is due for more than 18 months. They do not stay in the apartment and they don’t visit also, as the flat is not occupied. The association has been following up for the dues since long time without a luck. Very recently, when they visited the flat for renting it out, association approached them to discuss about the pending dues. However, they argued and said they are not going to pay anything as the flat was not occupied. We referred them to the relevant clause of the association bye laws which talks about amount as decided by the association . Suddenly they became violent and came attacking one of the association members. Considering the verbal abuse (foul language) & loud threatening words and basis the CCTV footage we filed an NCR with the local police station. Though outside of the police station, they agreed to clear the dues but there is no action from their side yet.
Hence the association has decided to proceed legally to collect the dues with interest, as per bye laws. In this reference, we approached a legal help but his advise has raised further questions. He says, even though we are registered with Registrar of Society, we can’t proceed for collection of pending dues, unless the association is registered with some specific authority (just like municipal authorities).
- Is there any such law which stops the apartment association from collecting the genuine outstanding just for not registering with a specific authority?
- What is the legal remedy for recovery of outstanding dues from apartments owners and under what section laws?
- What is the procedure for initiating an action?
Any valued opinion and guidance from the experts
We would request opinion vis-à-vis laws in the state of Karnataka if any.
Thanks in advance….
Brijesh Sharma
05 July 2021 at 20:54
A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017.
In compromise deed they agreed that -
1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.
2- That A and B will give some money to C after the resolution of this matter.
3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.
Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -
1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.
2- According to the agreement A and B will give some money to C.
3- Submitted agreement will be part of the decree.
Now the questions is -
1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?
2- Third point of agreement will be applied or not in execution of the decree ?
3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.
Anonymous
28 June 2021 at 16:07
Dear Experts,
Recently I have been staying in apartment where due to covid 19 , secretaries are coming with illegal laws without circular and without any society being registered. One of instance where secretary didn't allow relatives or anyone inside the premises and this all they are doing without any circular. They have kept a bunch of security guard who are acting as securities for these so called secretary.
Another instance where they are not giving proper allocation of parking .
And another instances where they are not allowing essentials like medicine , food and groceries to be delivered to the tenants rather they are forcing people without any circular to pick this outside. They are not providing any circulars with signature or society number.
I feel this are against the rules which government has set and i feel this are infringement of human rights.
Please enlighten as to where we can complain this . and what actions can be taken against this.
Anonymous
22 May 2021 at 12:12
To file a complaint in consumer case through representative or agent. it required authorization letter to be submitted before the concerned forum .
1. Does Authorization letter requires affidavit along with authorization letter from principal?
2. Does all the other applications before forum require affidavit along with every application?
3. Does every Affidavit reference with subsequent application or submissions after original complaint before the forum need to be notarized?
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
Amresh Choudhry
12 October 2020 at 20:19
Harijan family has made hut on my agricultural land and now refusing to vacate stating that they have given Rs.10k to my mother as advance towards purchase of the said land long back.
They don't any proof thereof also the truth is they were doing batai/sharing farming on my land and my father allowed them to stay there around 5-6years back.
Property is ancestral in my grandfathers name.
What should be best /quickest way to get the property vacated I have offered them 1lakh rupees also but taking undue advantage of coming from SC/ST community they are refusing to vacate.
Property is in my village under darbhanga district of Bihar.
Kindly guide
Kiran
02 December 2019 at 17:48
Hi Experts,
The company of my husband has provided the wrong details to the court that he has left the job. But, when I investigated, I got to know that he is still working in the same company.
Accordingly, I informed to the court and put one application to direct to the employer of my husband to provide the certified copy of his resignation, reliving letter, and Full & final settlement copy form the company. Then, the court refused to take my application and returned and asked me to file RTI into the company. I told the court that RTI is not applicable to the private sector. But he denied taking my application on record. Then I asked the court to reject the application if it is not tenable. But still, he did not pass any order.
Under these circumstances, please let me know, Can the court direct to the company of my husband to provide the documents on record or not?
Thanks in advance...
Sureka Nagendhran
30 September 2019 at 18:31
I want clear explanation about consequences of death of one of several defendants in a suit, what is mean by 'right to sue' survives as stated in order 22. when suit is abated, need clear interpretation.
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