varsha
11 February 2014 at 10:36
I request the panel of experts to answer the following query.....
Whether petitioner can file a criminal case against defendant, when the civil proceedings are going on?
Santanu
11 February 2014 at 10:35
I have bought a flat in Durgapur,WestBengal from Wellfare Real Estate Group in 2010..for that i have taken 10 lakh loan from UBI..Registry had been done on october ,2010..The flat building contains 18 apartments..Now i want to switch my loan to SBI..They are wanting mutation certificate ..What it is?? I went to Durgapur Municipal Corporation for getting my mutation certificate..but they are wanting the holding property tax receipt..But here all the residents of our flat never gave taxes as i learnt the builder hasn't yet handed over the flat (as some top floor of my building have'nt been sell out)..I was told the taxes are given by the builder but i searched no tax of the said flat has been given(as told my the municipal Corporation people).Now what should i do to get my own mutation certificate ..Can i give my taxes of my own apartment myself??if so how..plz help me
Kapiljeet Singh
11 February 2014 at 10:31
Hello Everyone,
We are planning to start an institute.
I would like to know what are the requirement for doing so, legally. Also is it advisable to have a trust for this purpose.
hrishikesh
11 February 2014 at 08:20
A partnership was registered among 3 brothers X,Y and Zin 1989 .the firm was purchased from the joint family funds .X being holder of 50% , Y being 25% holder and Z being holder of 25% in only profit sharing ratio. While the same partnership was amended in the year 1997 ,only with the change in the profit sharing ratio of 33.33% each. but this deed was not registered with the registrar. Now the matter is in dispute , as X is claiming 50 % in the share. What are the chances for Y and Z if they move to court.can anyone help with any such judgments which I can refer with the resemblance in the above case
rajangam.m
11 February 2014 at 07:26
Father is a loan applicant for two wheller after there is a dispute between loan applicant and company later customer son filed a petititn before the state consumer commission without any authorisation or power of attorney from his father it can be numbered as CC? whether this petition is maintanable? without sending any prior notice to company they can file this petition before the state commission straightaway?Pl send me the procedures...
Bablu Ghosh
11 February 2014 at 07:08
Respected Sir,
I am ready to pay monthly maintenance charge at enhanced rate on Sq Ft basis BUT NOT FOR CAPITAL MAUINTENANCE FOR THE COMMON AREAS WHICH HAS BEEN CLARIFIED AS PER The West Bengal Apartment Ownership Act, 1972
REGARDING THE COMMON AREA GIVEN AT THE BOTTOM
I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth monthly service charge will be according to size in sq ft .As my flat is the highest sized flat obviously I have to pay maxm. .Considering the previous method as there are 10 members each member had to pay 10% of total maintenance cost per month.As per the new method I have now to pay 20%of the total cost .
.
The Resident Welfare Committee . does not look after the individual flats
In our case the usual monthly charge payable is only restricted to paying salary of the caretaker/salary of the sweeper/running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS NO AT ALL CONNECTED TO THE FLAT SIZE.THERE IS NO DIFFERENCE IN THE SERVICE RENDRED BETWEEN A HIGHER SIZED FLAT AND A LOWER SIZED FLAT.NO SERVICE SIS RENDERED IN THE INDIVIDUAL FLAT AREA
. My problem is that if the new method is restricted to the monthly charge only then iIT IS NOT MUCH OF A PROBLEM..ALTHOUGH THERE IS A QUESTION MARK CONSIDERING MY POINTS STATED BELOW.But the thing is that for any future Capital Maintenance like total painting of the external walls of the building ,roof repairing etc(WHICH ARE A COMMON THING FOR ALL IRRESPECTIVE OF THE SIZE OF AN INDIVIDUAL FLAT) in each case I have to pay more.More precisely if the repair cost is (say)rs 6 Lakhs then I have to pay Rs 120000,whereas others may have to pay only Rs 30000.
I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth
MY POINTS
This monthly maintenance is only restricted to paying salary of the caretaker/salary of the sweeper /running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS IN NO WAY CONNECTED TO THE FLAT SIZE.There is no difference in the service rendered between a higher sized flat and a lower sized flat .NO SERVICE IS RENDERED IN THE ORIGINAL INDIVIDUAL FLAT AREA.
But for any CAPITAL MAINTENANCE OF THE BUILDING like total painting of the external walls of the building, roof repairing etc (WHICH ARE COMMON FOR ALL) THE NEW METHOD SHOULD NOT BE ENFORCED ON ME AND SHOULD BE SHARED PROPORTIONATELY IN EQUAL PARTS because these expenses are for the purpose of common building and not for individual flats (who are residing).
It will be unfair on people owning larger flats as the facilities rendered are irrespective of the size of the flat and includes all expenses that are equally utilized by members, irrespective of the size of their apartments.
A person living in top floor uses the stairs and roof more than the person residing at lower floors, but the expenditure on stairs/roofs should be shared by all equally.
But considering fraternity point of view I am ready for paying on Sq Ft basis for regular Maintenance but not for Capital Maintenance.The Common Places are clearly defined as follows
As per The West Bengal Apartment Ownership Act, 1972
(EXCERPTS FROM THE ACT)
"common areas and facililies" includcs-
(1) the land on which thc building is located and all easements,rights and appurtenaces belonging to the land and the building
,(2) the foundations, columns, girders, beams, supports,main walls, roofs, halls, corridors,lobbies,stairs.stair-ways, fire-escapes and entrances and exits of the building
(3) the basements, cellars, yards, gardens
(4) the premises for the lodging of janitors or persons employed for the managernent of the property,
(5) installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air
conditioning, sewerage, etc
(6) the elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations
existing for common use,
(7) such othcr common facililies, as may be specially
provided ,
(8) all other parts of the property ncccssary or convenient
to its cxistence, maintenance and safely, or normally in
common use;
(e) "common expenses" means expenses of administration,
maintenance, repair or replacement of thc COMMON areas
and facilities and all olher sums assessed against the
apartment owners;
nishant arya
11 February 2014 at 04:09
I have applied for freehold in dda as i have the gpa of leasehold house.
Now i need to sell off the house but the conversion is not done yet as it will take 4 months.
What should i do????
SUMANTBAWARI
11 February 2014 at 01:30
Hi,
We were granted a Letter of Administration from the Mumbai High Court in August 2013.
However recently when we applied to some of the institutions for release of the funds based on the LOA we noticed that the advocate we hired had incorrectly entered many of the mutual fund names.
So I would like to know if it's possible to
1) Amend the LOA with the correct names?
2) If yes, how much does this usually cost and how much is the time taken?
Also how can I obtain a certified copy of the LOA from the Mumbai high court?
Regards,
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Huf
My grandfather has expired and he was having an HUF so now do we need to make succession certificate even if there is no issue in my house relating to the property? We have to submit this certificate in the bank in order to claim the amount of his HUF account. Please guide us what to do and can we just make an indemnity bond from all the nominees and submit it to bank? It is urgent so please guide us