LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Venkat   03 September 2014 at 14:03

Undivided share of a commercial space

Hi,
One of my friends is planning to buy a undivided share(floor space) of a commercial building which pre-tenanted.
Seller is ready to mention undivided share(floor space) in the sale deed but refusing to mention about undivided share(land area), which I feel is very crucial to ascertain ownership. After bit of negotiation. seller is Ok to mention undivided share(land space) as proportionately but not ready to mention exact SQ ft in the sale deed. Is it Ok to proceed with such transactions?

RKP   03 September 2014 at 13:44

Sinking fund query

In my apartment in Bangalore there are flats of different areas.
But the residents welfare association(RWA) is charging sinking fund which is commonly divided among all flats.

As per my info sinking fund is charged at a minimum rate of 0.25 percent PER ANNUM of the construction cost of each flat.
Also in our absolute sale deed it is mentioned "The PURCHARSER shall share the expenses in proportion to their undivided share in Schedule B property".
RWA(which is actually made of flat owners having largest flat area) says it can form a quorum and can deviate from the sale deed rule as the area wise sinking fund rule is not applicable in Bangalore.

Is the RWA fair in charging commonly divided sinking fund?

Amit   03 September 2014 at 13:30

Deed of condominium

Dear Experts,
Kindly tell me the differences between the Agreement for Sale and the Deed of Condominium. and from where i can get more to read and learn about the same.

Thanking You

Dharmesh   03 September 2014 at 13:27

Extend the hieght of the chawl room

Sir I have a room at chawl (Ownership)
& 18 members are there & out of 18 members 6 members have double the height of room & using the space & all members have passed & regularised the usable space of 24 feet height, & now I want to double my room by increasing the height of 24 feet, so what is the legal limit of height & what is the mandatory formalities & paperwork to be done, my area is in Mumbai Malad west 400064.

Sahil Makani   03 September 2014 at 13:13

Accident insurance

dear sir on sunday my car met with a accident with two pedestrain.. but i am not driving car at that thime. i gave my car to a engineer for servicing. and he took my car without taking my permission. car reg. is at my name. i am the owner of that car. now one pedestrain is died. all the criminal charges are against the engineer. n half bottle of liquor is find in the car. i have a valid third party insurance. will i get the insurance from the company or i have to pay compensation??

Skalamgir   03 September 2014 at 12:54

Muslim boy wants to make 2nd marriage without divorce first

Sir,i am a muslim boy of 25 i got a qazi registry marrige with 16 year old girl 1year ago.3 Months later of marraige i got to know that she has been suffering from phyciatrist problem for 4 years and now she has been continue with it.our panchayet has given judgement for divorce after 6that months intervation but she doesnot want to take divorce.i have collected all earlier prescription.can i make 2nd qazi registry marriage if they dont divorve me.please suggest me sir our family is on big trouble.

praveen kumar   03 September 2014 at 12:54

Change of arbitrator



dear experts



when on the request of the party, an arbitrator has been appointed; can the party request for change of arbitrator as not being "competent or expert".?

Can any such request for change of arbitrator be made to appointing authority even after appointment of arbitrator as per legal provisions??

kindly bring some light on the issue.

regards

praveen

ashok   03 September 2014 at 12:51

Temporary merger of flat & it's rights

I am having 2 adjacent flats one is in my name others in spouse name in a housing society also having 2 cars in two names
I had already merged my 2 flats without society & concern authorities permission now society denying me 2nd vehicle to park in. As per rule passed in AGM that one unit-one parking space, they now denying me 2nd vehicle to park or ask me to pay additional parking charges which is more than normal rate is it justified ?

lalitkumar bhandari   03 September 2014 at 12:03

2nd dv complaint filed without permission of court

Earlier wife filed complaint under Domestic Violence Act which was withdrawn by her after 6 months.She filed application for withdrawal of the said complaint with liberty to file fresh complaint on same ground/cause of action.The Court allowed the said application and passed the following order.
Application is allowed the complaint is withdrawn
Now the wife has filed 2nd DV complaint on the same ground.
My query is whether the said complaint is maintainable? As there is no permission from the court
Whether the earlier order is ambiguous? as there is no specific order passed by the court in respect of liberty to file fresh complaint.
can i file the application for non-maintainability of the complaint? If yes is any judgments



Venkat   03 September 2014 at 11:45

Mutation record missing

Hi,
I am planning to buy a plot in a layout formed in a village panchayath. While verifying documents we found below discrepancies. How crucial are these discrepancies?

1. One of the Mutation record is missing in the documents and builder has obtained missing attestation later from revenue department. Is this OK to proceed?
2.As per one of the RTCs, land owned by a person shown as 6 acres. But in the later records he has only 2 acres. But there are no documents to support this mutation. Is this OK?