ravindran sankaran
27 March 2012 at 09:16
The builder at the time of sale of an property collects maintenance charge for 12 months in advance at particular rate and says if there is an excess it will be passed on to the purchaser.
the builder completes his maintenance.
Is the Association formed well within rights to know the details of the maintenance spent and seek the balance left with the builder to be transferred to their account?
There is no mention of any maintenance contract in the sale agreement except a provision to charge the over runs and very descriptively deals with sharing of common expenses .
What does apartment owners law say?
Advocate Umesh
26 March 2012 at 12:54
one of my client had taken loan of rs. 25,00,000/- from bank of india. in proceeding the amount settled for rs. 20,00,000/-. when recovery going on my client has been died, and his successors are came in the recovery proceeding but excluding one son viz. Ramesh. whose name purposefully avoided by the bank because he may complete the dues and vacate the landed property. further bank completed recovery without notice to the Ramesh. now the question is can Ramesh challenge the recovery proceeding? If yes then in which court? in Appellate Tribunal or in Bombay high court in Writ. please guide. thank you friends.
Asha
26 March 2012 at 10:25
Respected Experts
I know you all are not going to give this query reply but let me tell you all
that i was just asking my query to lawyers club but now you all experts are decided not to give academic query ..
please reply to this
Our company is a 100% subsidiary of another international company and it is a private limited company. We have approval under automatic route. Since parent company is holding 100% share holding, we have to allot one share to Director of the company to comply with the requirement of 2 shareholders. However the amount is paid by parent company and it is shown in the members register that director is holding one share on behalf of the parent company.
Can you any one advise whether this attracts 187C ( declaration by shareholder for holding share on behalf of others). If so, whether we have to file a declaration with ROC.
It is already informed to RBI about the holding of one share.
thanks in advance.
Please clarify.
V Natarajan
25 March 2012 at 21:06
I have purchased a flat in Kolkata and there are 6 other flat owners apart from the earstwhile land-owner
All flats have not yet got registered
1. Can I have my flat mutation done with the KMC
2. What are the requirements to have this done
3. Till mutation the bills from the KMC continue to come in the landowner name and we are paying collectively - does this get proportionately reduced from my future bills
4. What are the mutation costs?
priya
24 March 2012 at 12:34
my great grandfather gifted a property to my great grandmother. Later the property was registered in my great grandmothers name. We have been made aware now that it qualifies for marumakathayam as per which my grandmothers children as well as her grandchildren have right to it. (ie everyone born before 1-12-1976) by a lawyer. i have three questions in this case
1. what about the child who is in the womb during 1976 but born in 1977? do they have a right to the property as well?
2.is it equal share for all people?
3.what if one of her son's wrote a request on white paper to give away his existing right to one of the members upon his death if the property is sold. the said son is no more and we are going to sell the property
raj manwani
24 March 2012 at 12:31
hello friends,
I have a query regarding compensation entitlement.....
we are in the possession of our ancestral property (Property of my fathers BUA)from the very inception of it. before 20 years around ,the concerned property owned by my fathers aunt(BUAJI,she is married)
)was trasferd by her to my father& to her two bhatijas.
all three of them then sold it to a person with the agreement that the possession will be handed over to the buyer after the death of buaji only.
In 2003 she was no more and then my dadaji was in the possession of the house.
in 2010 he was no more and from that period the possession is ours.
as the house is memory for us as the whole childhood of my papa were spend over there.
it is emotionally precious for us.... I just don't want to surrender the possession of that home...
what are my rights as at the time of death buaji transfer d her all rights and movables in favour of me.....
as party to sell was my father also.
plz explain...all the rights that may be ours as per indian law
prashant1314
23 March 2012 at 13:06
Dear Experts,
We are planning to set up manufturing set up in around 10 acres in Baramati MIDC - Maharashtra.
We do have 02 options
1) Purchase agriculture land & to convert it into Industrial NA Plot then how much area construction we can make to this 10 acres as per Maharashtra Act & Rules...?
2) 10 acres land in MIDC area then how much area we can bulit up in this 10 acre MIDC land.?
In case of any assistance you can contact me at hr.antbpune@jbm-group.com
Thanks in anticipation......
saurabh sharma
22 March 2012 at 19:10
I have bought a car. while going on to batala, i met with an accident. the car was driven by my brother-in-law. After the accident we both got injured and refer to the hospital. Meanwhile FIR been lodged and insurance company has been informed for the said accident. we have a total loss of 6lacs rupees. But the insurance surveyer has prepared a report for only 3lacs rupees. i filed a complaint in consumer forum. They took the plea that at the time of isuing the license by the appropriate authority my brother in law has not completed the age of 18 years, so they repudiated my claimon this ground. but before this they have already paid two claims to my brother in law and now they demanded the same to be refunded. But i have a document from the motor vehicle authority which proves that i have a genuine license.
1. how did i prove my case.
2. Is there any SC or National Commision judgement on this issue.
Sudha
22 March 2012 at 16:53
My parents live in an apartment, none of the owners of the apartment have been given an occupational certificate by the builders. The builders have been evading the owners regarding this. My parents found out that the builders have not submitted the “completion certificate” of the apartment building to the City Corporation, so officially the apartment complex does not exist. (The builders have not followed the original building plan they submitted to the corporation, they built extra apartments which are not part of the original plan and sold them as well.)
While living on the first-floor the above mentioned apartment, we became vulnerable to a life-threatening situation when we entered the open terrace, which is part of our built-up area. (Each first-floor apartment owner has bought an open terrace as part of their apartment. )Everything from garbage to window-pane glasses started falling on the terrace from apartments above us. (There are 15 storeys above us). A child was hurt when a window pane crashed on the terrace in one incident, and was hospitalised.
We contacted the builder to build a protection on the terrace, they declined because the Deed of Declaration we signed said that we cannot build anything on the terrace. The first-floor apt owners then approached the Consumer Court against the Builders. We won the case, and were allowed to build a roof over the terrace with the permission of the apartment Association and the City Corporation at our own expense.
In fact the Court found only the Association at fault, blamed them for”deficiency of service” and made them give each first-floor apartment owner a compensation. The Court said it is the duty of the Association “ to protect and safeguard the rights of the residents by obtaining the necessary licence.” The Court said that the Builder was not at fault once they handed over the building to the Association, and since there was no structural defect in the building.
In the situation that the Corporation cannot give a written permission to us, we assumed that if the apartment Association gave us permission, we could go ahead and build the roof. The Association convened a meeting for “the final execution of the court order”. (We have a copy of the letter from the Association which called this meeting. ) The Association President gave permission to build the roof in the presence of our lawyer (who had represented us in the Consumer Court), but we didn't get it in writing.
My parents started constructing the roof. We had already spent a lot of money and effort on the structure when the Association President and Secretary brought the police and put a stop to the construction, saying we did not permission from the Corporation. Now, the President did not take any action to get permission from the corporation, and also he stopped our work. The Secretary then wanted us to dismantle the structure we built. He sent a Civil Court notice which called for a Status Quo. What should we do?
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Pet policy
Respected All,
I want your suggestion regarding the problem which raised in our society due to some tenants who lives with the pet animals.
As our society is newly formed ad-hoc committee and held a general meeting as on 4.3.2012 and discussed about the pet policy and passed a rule saying
· Pets are strictly NOT ALLOWED IN GARDEN/LAWN. (as children's are playing in same area)
· Pet owners to submit a doctors certificate/report stating necessary vaccinations are given to the pets.
But some of tenants (even not the owner) are not following the same and every day they sit with there dog in a lawn area. Even not a single certificate is also provided to the committee by the tenant and when we approached the same to the owner of the flat he sent the message saying " I have spoken to the tenant and also to the pet welfare ass. the team will visit n discuss about it."
Now what action we take. awaiting for your valuable suggestion.