Sanjog Jain
26 April 2014 at 11:59
I have purchased flat in building "B" having separate sanctioned plan and there is one adjoined building also there named "A" constructed before "B". Both building have common broad entrance.
Issue of usage and ownership of Community hall and garden completely situated in building "B". Builder with very cunningness also solicited building A owners and take Rs.50000 is cash and allow to use the same. Also inserted clause in our agreement i.e. "The Property hereby sold is part and parcel of various adjoining properties purchased by the Vendor (Developer) and the present project is Phase II of the said project and as such the Developer shall amalgamate all the entire properties and as such the common facilities that maybe provided shall be common for all the properties and if found feasible the maintenance shall also be charged and calculated jointly with the other owners of adjoining properties and the purchased shall not object to the same as the building is part of the entire project."
Presently amalgamation of properties is not done or not feasible as separate deed of declaration and secondly it is falsely said one project on paper both plan are sanctioned separately.
Please help me out how can we fight for property under our premises and our building plan.
Please do the needful.
salamat
26 April 2014 at 11:58
Hi..
Read your replies and i was illuminated for sure. I have my own queries.look fwd to your support.
M salamat staying in powai mumbai eastern suburbs in a chawl with ground plus one structure and also its not declared as slum as per census of sra. 40 tenants with a 99 yrs unregistered agreement in Rs100 stamp paper with d landlord. We pay nominal rent per month.
My queries are
If we can go for redevelopment as the landlord himself is a builder.
I want to know which rule will thy follow as per dcr
And while compensating us which area would be considered specifically as we have ground plus one structure. For eg 150sqft ground and 150sqft mezannine i.e.plus one area. So while compensating are we entitled to be compensated as 300sqft or more or less.
I would also like to know if we can be compensated anything more like specifically any lumsome amount and corpus fund and amenities.
Is thr a possibility that we don't go for sra schemes as described in dcr or slum rehab act. Like we just develop the land and rehab in same place.
Most important can we and if yes then how can we go for self redevelopment as forming a society with landlord and mortage the land and do the redevelopment and take maximum benefits regarding area and funds.
Please guide and advice.
If you want any more details please reply.
Thanks and regards
Salamat
8898218222
Elton
26 April 2014 at 11:39
Hi,
I am having a peculiar problem in parking my car in my stilt parking areas. There is an open parking space allocated just opposite my stilt parking space and so it is very difficult for me either to park my car or take it out of my stilt parking area. The car parked is a sedan. In general it’s obstructing my stilt parking. I have written complaint letters to the society members but its around two months now and they haven’t taken any action. I have also request the flat owner to either swap his car parking with a smaller car (Hatchback) but no ones paying a heed to my request.
Please can some one suggest how can I legally take this up. Is there any government organization that can help me resolve my dispute?
I am located in Mumbai – borivali west
Thanks in anticipation to your expert opinions.
HIMA
26 April 2014 at 11:29
Hello
My aunt, who was Unmarried, died in Uttarakhand calamity.
She has not made any will of her property or not appointed nominee in some of the bank FDs.
Till date Uttarakhand Government has not Issue her Death Certificate.
She has 4 elder brother & 1 elder sister in her family, now who will be her legal heirs or who can claim rights in that property?
please reply soon.
ravi
26 April 2014 at 11:06
Dear sir, me and my mother live in a house made by my father but the land is on our grandmothers name . After my fathers death my uncle is threatening us to evict from the house and demanding share in the house ,
what legal action can i take to stop the eviction and constant harassment.
My grandparents are not alive.
My father when he was building the house showed house construction expenditure in his and my mother's income tax file can this information be used to show house and land as different property and would that be of any use to me.
AJOY KR. MUKHERJEE
26 April 2014 at 11:06
Dear Sir,
With reference to the above it is to inform you that the Additional Commissioner, Sales Tax, West Bengal (Appellate) has been disallowed the Declaration in Form – “H” on grounds that “the Export invoice date prior to purchase invoice date”.
The actual matter is :
We received purchase order from M/s, Gemini Merchandise Pvt. Ltd., Pitampura, Delhi – 110088 to supply the C. I. Ingot Moulds which they exported to Nigeria through Kolkata Port on 20/11/2008(this is purchase order date). We confirm that the materials to be delivered after 15-20 days as the manufacturing was take some time over phone. In the meantime they started the proceeding for booking the container by applied for excise bond and shipping bill at excise & customs dept. The M/s, Gemini Merchandise Pvt. Ltd. make the commercial invoice and other documents to submit the same to Indian customs for making the shipping bill. They mention the date of Commercial Invoice is 17/12/2008, from custom department they received shipping bill. In shipping bill the date was mentioned 18/12/2008, let export date was mentioned 24/12/2008 and the date of bill of lading was 28/12/2008. We supplied the materials on 19/12/2008 against our sale invoice and ARE-1 date was also 19/12/2008.
Is this process is o.k. is there is any ground for disallowed the declaration in form “H” which already disallowed by the sales Tax authority with the ground that “the Export invoice date prior to purchase invoice date”.
as per CST Rule there clearly mention that 1st the merchant exporter get the foreign buyer order, according to that the merchant exporter place the purchase order to the manufacturing exporter, then the mfg. exporter supply the materials through sale invoice alongwith ARE-1 or ARE-4, then the bill of lading will be made.
Please help us so that we can get relief from the Sales Tax Department.
Thanking you
GANGAM.RAJENDER.
26 April 2014 at 10:51
respected sir,
my grandfather has sold the immoveable property by way of saledeed.
q1. at the time of sale my father was minor and he was singned by way of thumb imperssion.now father got major and my grand father was died.
AT THIS STAGE CAN WE CHALLENGE THE DOCUMENT FOR CANCELLATION OF SALE DEED NOW THE PROPERTY WAS IN DISPUTED IN THE HON'BLE COURT. IS THE SALE DEED VALID IN THE COURT AS WITNESS WAS MINOR.
IF ANY RELATED JUDGEMENT PLS PROVIDE SIR.
THANK YOU SIR.
durgaprasad
26 April 2014 at 10:37
what is the tax consequence of short term capital gain on sale of share? and what is the rate of STT now?
Shan
26 April 2014 at 10:24
Dear All
Your advise is required on the below condition for rights for Granddaughter on property of grand-father.
Let me consider Property -A and Property-B is allotted for son-in-law . Son-in-law has 1-boy and 1-girl.Son-in-law sells Property-A for Girls marriage, which is less in size and sends some money and has retains some with him.
Now the doubt is whether Girl has the rights to claim share on Property-B legally which is of large size.
If yes, girl doesn't like the share, but her daughter (as minor can baby father) claim or object the selling of the Property-B on behalf of the baby.
Kindly you advise needed.
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Flat related issue
I have purchased flat in building "B" having separate sanctioned plan and there is one adjoined building also there named "A" constructed before "B". Both building have common broad entrance.
Issue of usage and ownership of Community hall and garden completely situated in building "B". Builder with very cunningness also solicited building A owners and take Rs.50000 is cash and allow to use the same. Also inserted clause in our agreement i.e. "The Property hereby sold is part and parcel of various adjoining properties purchased by the Vendor (Developer) and the present project is Phase II of the said project and as such the Developer shall amalgamate all the entire properties and as such the common facilities that maybe provided shall be common for all the properties and if found feasible the maintenance shall also be charged and calculated jointly with the other owners of adjoining properties and the purchased shall not object to the same as the building is part of the entire project."
Presently amalgamation of properties is not done or not feasible as separate deed of declaration and secondly it is falsely said one project on paper both plan are sanctioned separately.
Please help me out how can we fight for property under our premises and our building plan.
Please do the needful.