Member (Account Deleted)
18 April 2010 at 11:55
1. Whether in order to implement the development plan, which is now a final & sanctioned one under The Maharashtra Regional & Town Planning Act, 1966, is it mandatory to frame Town Planning Schemes by the Planning Authority under the act ?
It appears from the language used U/s. 59 that, since the word "may" is used, it is discretionary for the planning authority to frame such schemes. But,perusing the act, in toto, & reading S. 42 thereof, it appears to me in the facts of the case that, framing of Town Planning Schemes is mandatory to implement the development plan, failing which all the provisions of or relating to the Town Planning Schemes will be rendered redundant.
please kindly tell me whether my interpretation is correct & safe & whether can i get any case law on this point. If i am provided with those case laws, i will be highly obliged.
Anonymous
18 April 2010 at 11:46
I am looking to buy a flat in an apartment which is around 3 years old. People have occupied all the flats in the apartment and I am looking for a second sale. I have a query but before I ask the query, given below is the background of the property :
1. The apartment is a joint venture between the builder and land owners. As per the joint development agreement (JDA), 72% of the flats belongs to the builder share and 28% of the flatbelongs to land owners share. The flats that belongs to the land owners share is clearly called out in the JDA.
THIS JDA DOCUMENT IS REGISTERED.
2. The land owners has given a general power of attorney (GPA) to the builder to sell flats in the apartments. Though this GPA is pre-dominantly given tothe builder to sell 72% of builders share, it also has a "NOTWITHSTANDING" clause which states the following:
" Not withstanding that the attorney shall execute sale deeds in respects of the apartment units comprising in proportional extent of constructed area delivered to us/owners after completing construction from time to time, out of 28% area allocable to us/the principals"
THIS GPA DOCUMENT IS REGISTERED.
3. There is another GPA document which one of the land owner (who owns the flat under consideration) has given to the builder to sell this flat under consideration.
THIS DOCUMENT IS NOTARISED BUT NOT REGISTERED.
4. Based on points 1 and 2 above the builder ALONE has executed the FIRST sale deed . Though point 1 and 2 are referred in the first sale deed, point 3 is not referred in the sale deed.
Query :
1. Does point 1 and 2 give enough rights to the builder to execute the first sale deed? I have this doubt because the GPA mentioned on point 2 pre-dominantly gives rights to sell 72% of flats which is the builders share.
2. Is it safe for me to go for the second sale? Is there anything that I should do before I go for this sale?
Thanks in advance for any guidance/help on this query.
Anonymous
18 April 2010 at 11:29
Hi! My Name is Cynthia
My Husband and I are both away from India and we just want to go to Goa for the property Issue just for 20days.
Since we want to go for the gift deed or sale deed as the property is my mother in laws name and she want to give a part of this to my husband .Hence is all the Siblings are required to be present during this process, if no then it is fine but how long does this process takes .
And if yes then what if one of the brothers is not in country and his wife has no power as well, in this brother absence how do we go about it.
Awaiting your response
Kind Regards
Cynthia
Rahul Singh
18 April 2010 at 11:15
Q.whether the revisional court can give direction to fullfil the lacuna cropped up in the original complaint,specially in S.138 N.I.Act in revision ? Give ruling also.
amin
18 April 2010 at 10:52
Dear sir,
I was married in 2005 i am from upper middle and my husband from middle class
every thing was going well some 1 yr after my marriage my father in law (f i l) started saying we are incurring loss in businness and started seeking help from my father
my father also started helping as my husband was good to me.
latter this happend the routine cause. my brother in law father inlaw & my husband used to sit in the same shop.
latter I came to know they are opening a new shop.
from where I understood the plan game of fil.and I asked my father not to help any more.
NOw my in laws started torturing me n my father.my husband was a mum puppet
latter they started planning of taking divorce n remarry him with a widow who was the only daughter.
so left with no choice i filled 498 a case.my father had some cheque entries which proved ample evidence of demand from their side.
than my in laws moved to the family court for divorce saying that i am cruel to them by putting 498 case.
i went to the court to stop the hassasment done for money to me n my family.and want to live with my husband without my in laws.
please guide me.
And also provide some judgements where divorce on basis of 498a is not entertained.
mitu
18 April 2010 at 09:10
hello Sir,
can i change place of birth in passport ?
passport was issued 5 years ago.
bcoz it is different then my actual birth place.actually they mention tahsil rather then village name.and mention wrong spelling of tahsil.
if yes then how can i do that ?
what is the process and documents need to submit.
AJIT KAWATKAR
18 April 2010 at 01:47
the case pertains to Aurangabad in Maharashtra.my elder brother negotiated &purchased a small plot after paying xx amount to the Land lady in yr 1990.no agrmnt etc.treassable[since the Land lady & my bros. both have died in 1991 &2002 resply] with great efforts Approved Maps & some correspondance are obtained. it is now almost 18 yrs.all the flats are occupied.paying Ppty tax'to corporation since 1994.the heir has neigther approched us nor lodged any complaint.in the given situation whether we can put/file petition whereby we can get legal status. Pl. guide!
AJIT KAWATKAR
18 April 2010 at 01:28
the said census will begine in May 2010."i'm a spinster[85 yrs]& staying with my brother for old age related symptoms for last 1 yr.i owned a appartment in nashik-Maharashtra since 1993.in my absence a lady has some*how staying in my apprtmnt.i have not signed any agrmnt.[oral/writing] i fear that during the census 2010 the said lady[Tresspasser] will create EVIDENCE of stay in my apprtmnt.making my job in getting the possession of my apprtmnt. in future. My Q,is whether i can prevent the census being carried out for her? if yes where to write/approch to adress my worry ?
M S Prabhakar
18 April 2010 at 01:12
Our buider had registered our CHS on 30-Apr-2004 but had concealed the fact till 11-Oct-2009 when he was forced to call the FGM and constitute a managing committee to run the Society.
For over 5½ years since 30-Apr-2004, the builder was charging a flat maintenance rate from members and operating out of a bank account very similar to the registered society's name, but with a "Proposed" annexed to it [XYZ CHS Limited (Proposed)].
Recently it came to our notice that the "Proposed" a/c is still active and the builder is debiting expenses unrelated to the real Society's.
My questions are:
(a) Is it legal on the part of builder to operate a "Proposed" bank a/c after the registration of the real Society on 30-Apr-2004?
(b) Is it legal for the builder to debit unrelated expenses out of a "Proposed" account after constitution of a managing committee on 11-Oct-2009 (and without the managing committee's approval)?
(c) Does the managing committee have the rights to instruct the bank to freeze the "Proposed" bank a/c?
(d) What is the legal remedy available to recover amount lost from the account after 11-Oct-2009 (date of constitution of managing committee)?
(e) Can the managing committee instruct the bank to transfer the balance to the Society's a/c and what is the correct procedure?
Please advise.
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selling
i m selling my property which is in litigation on AS IS WHERE IS BASIS,purchaser telling me that a case which is in killa court mumbai should handle by me.he is agree to pay compansation if any.actully my devloper was came in agreement with me and he taken some amount from 8 people,i also signed that doccument but he ran away with incomplete building,now he is no motre and property is captured by third person.so now we 5 person are accused .so wt i should write in agreement for my safety.actully that devloper also not paid my amount for which i was made agreement with him.