Anonymous
29 April 2011 at 17:10
RESPECTED SIR,
I HAVE A LAND, THE TITLE IS ON MY NAME, MY YOUNGER SISTER AND MY MOTHER AFTER MY FATHER (ASHOK PAWAR) DIED IN APRIL 1992, THE LAND WAS PURCHASED BY MY FATHERS (GRANDFATHER AND HIS 10 PARTNERS) IN THE YEAR 1942 WITH A SHARE OF (1/11), AFTER THAT OUT OF 10 PARTNRES MY FATHERS GRANDFATHER AQUIRED SHARE OF SIX PARTNERS IN 1942 AND LEGALLY BECAME THE OWNER IN 1968 WITH A SHARE OF (1/7), IN THE YEAR 1968 MY FATHERS GRANDFATHER PURCHASED THE REMAINING SHARE OF 4 PARTNERS ON MY FATHER NAME (AGE 21), THE SELL DID WAS REGISTERED ON MY FATHERS NAME AND CLEARLY MENTIONED THE AMOUNT WAS PAID BY MY FATHER, AFTER THAT MY FATHERS GRANDFATHER TRANSFERED HIS OWN SHARE (1/7) TO MY FATHER NAME SO THAT THE WHOLE LAND BELONGES TO MY FATHER LEGALLY ON 7/12.
IN BETWEEN 1962 MY FATHERS GRANDFATHER MADE A WILL AND MENTIONED A SHARE OF (1/11) TO MY FATHERS FATHER, AFTER THAT HE AGAIN MADE A WILL IN 1966 WITH THE SAME SHARE OF (1/11) TO MY FATHERS ELDER BROTHER AND FINALLY HE TRANSFERED IT TO MY FAHTER IN 1968 WITH THE SHARE OF (1/7) AS MENTIONED ABOVE AND DIED IN 1972.
AFTER THAT IN 1974 AS MY FATHER WAS NOT MARRIED THERE WAS A DISPUTE IN THE FAMILY REGARDING THE WILL(1966) MADE BY MY FATHERS GRANDFATHER, IT WAS DECIEDED THAT THE WILL WAS NOT TO BE EXECUTED AND A PARTITION DID WAS MADE IN BETWEEN THE FAMILY MEMBERS(GRAND FATHER AND MOTHER,6 BROTHER INCLUDING THREE MINORS) IN FRONT OF THE COURT. IN THE PARTITION DID MY FATHER MENTIONED THAT THE ABOVE PROPERTY WAS PURCHASED BY HIS GRAND FATHER AND BELONGS TO HUF FAMILY AND WILL SHARE THE PROPERTY WITH HIS YOUNGER BROTHER (MY UNCLE).MY UNCLE ALSO HAD SOME OTHER PROPERTIES TO SHARE WITH OTHERS WHICH HE NEVER DID. THE PARTITION DID WAS DONE ON SIMPLE PAPER(NOT EXECUTED TILL DATE). NOW THE FAMILY MEMBERS HAVE FILED A SUITE AGAINST ME, MY MOTHER AND MY SISTER FOR A SHARE IN THE PROPERTY ON THE BASIS OF PARTITION DID.
AS ALL THE OTHER PROPERTIES R SELF AQUIRED AND SOME SOLD OUT MENTIONED IN THE PARTITION DID.
MY QUERY IS WHO IS THE ACTUAL OWNER
DOES IT BELONG TO HUF FAMILY OR CAN PARTITION DID BE EXECUTED AFTER 36 YEARS.
KARAN KUMAR
Anonymous
29 April 2011 at 17:08
i buy flat on ground floor 700 sq feet but on ground floor balcony is not shown on sanctioned plan but i requiested to builder to construct otta / balcony after that area is increased by 30 sq feet builder write total room sizes with otta / balcony size in agreement for sale is 730 sq feet. builder construct otta & handover the flat to me after that i fixes grill on otta / balcony & included in flat & used from 1year. but after that my differences is creat with builder on maintenance amount . can i take actioned against on builder in consumer court for providing & constructing otta / balcony .
maintenance charge is same to all flat.one clause of agreement is "the area of said premises agreed to be purchased by the flat purchaser is on the basis of built up area, the calculation of the built up area includes full thickness of the internal & external walls, passages, toilets, staircases&/or any other area used as an amenity to the said building such as balcony, meter room.the area of flat under agreement is thus calculated to be 730 sq feet which the flat purchaser has ascertained,confirmed & the flate purchaser shall not be entitled to dispute the area so confirmed for whatever reason.
KIRAN KUMAR
Anonymous
29 April 2011 at 17:04
I am based in NCR and live in a property on the first floor with my family. The plot was purchased and constructed by my father 35 years back. One of fathers brother stays with his family along with grandmother in the same house for last 20 years on the ground floor. My father was living on the ground floor and died last year and in his will left the property to me (only child daughter) and giving right to my uncle to stay till grandmother is alive also neither my father or me have never charged any rent from my uncle and his family. Also my mother has died a few years back. I am married and staying with my family on the first floor in the same property. Now my grandmother has also died recently and uncle and his family are refusing to vacate. Uncle already has a three bedroom flat within 5 kms of our house which is lying vacant and has 1 plot in NCR. I have talked to Uncle and also written to him asking for when they would be vacating but he is not responding. We are also hearing that they might be moving to their house in a couple of months and are planning to lock the ground floor and go. The water connection is from the ground floor and I have some of my personal stuff and furniture on the ground floor. Please advise how should we proceed if they lock and leave as going to court would take a long time and we can’t stay without water and can we take police help to get immediate relief in such case.
KARAN KUMAR
Anonymous
29 April 2011 at 16:57
Helo Friends
i am advocate from Pondy
i would like to know
a. how much is a standard acre under Tamil Nadu land reforms and fixation of ceiling act (for both dry lands and wet lands)
b. can a society registered under Societies Registration Act, claim any exemption from land ceiling.
c. if not are they entitled to apply for permission for holding excess lands.
friends please clarify on this subject.
sathish
Anonymous
29 April 2011 at 16:56
Sir,
Can a gift deed executed by a muslim woman and registered, be attacked on the ground of marz ul maut?
A line in reply with citations, if any, would be highly appreciated.
Regards,
BS Aravinda Babu
Anonymous
29 April 2011 at 16:44
1.Please tell about the rule position of said exemption of defense estblishments. if, any notification issued by the GOI in this regard and date of notification, as the ALC (C) is not co opreating with us.
2.Nowhere, in the ACT mentionted this exemption clause and where it was notified.
3.Please eduate me on the a/m points.
4. With out being registered ,if principal empolyeer issued form v, then any penal provisions attracted aganist the Govt est.(defense Est.)
Anonymous
29 April 2011 at 15:07
Our Society is 25 yrs old. I have moved in last year 2010. Once I had given letter regarding Leakage problem but nothing was done. Also there are more issues which I am noticed that since long time the society members are ignoring and which are serious in nature. The list is as follows:
1] No conveyance deed for the society.
2] Electricity bill of few members not
been tranferred in their name.
3] Heavey leakage and cracks in the
building premises.
4] One flat owner has purchased the flat
without obtaining society NOC and share
certificate. hence also not paid the
society tranfer fee and till date is not
paying maintenence also. No action
taken till date by society as the owner
is Police.
5] No yearly account statement being
issued by the society nor any AGM is
conducted.
Its been one year now since I have joined this society and need to know what actions can be taken regarding this and if I alone can the necessary steps against this and how & where ???
Please guide me as the building's life is deteriorating day by day.
Regards,
Sanjay
Anonymous
29 April 2011 at 15:02
Dear Experts, what are the documents and agreements required to be signed with the members , society and builders in the redevelopment of old society building and what order documents members need to obtain before vacating the building for demolition and reconstruction etc.
Also please provide sample agreements if available.
Thank You!
nirmalspatel@gmail.com
29 April 2011 at 10:44
I have purchased a ground floor flat in a residential housing society which has 6 buildings (wings). My ground floor flat has separate access and does not have access from the complex compound. When i purchased the flat the builder had said he would convert the same to commercial after i buy. However, my agreement states residential use with private access and no change of user has happened. The builder has taken irrevocable declaration from the members of my wing / building that they will not object to change of user from residential use to commercial use at any time in the future. Now CHS has been registered before i bought the place for all 6 buildings. I have started a play school / day care from the flat and now the society is objecting to this. MY QUESTION:
1. Is play school activity / day care activity permissible from a residential premises without the NOC from society?
2. Is there any supreme court judgement that a premises with a private access and private compound is allowed to carry out day care / play school activity?
3. Is there any other protection that i have under such a scenario?
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Goods Detained by the transporter
A Ltd deducted Rs. 3.5 lacs from B Ltd, atranporter on account of goods lost in transit(diff of actual claim and amount recd. from the insurers). The deduction was agreed and accepted by B Ltd in writing.
The business afterward continued betwen the two compnaies. After almost 6 months, A Ltd handedover three consignments of diff. location to B ltd for delivery. B Ltd detained two consignments and sent a letter demanding intt. of Rs. 5 lacs on delayed payments of earlier period and release of Rs. 3.5 lacs deducted on account of insurance, thogh B Ltd has alreday accepted in wrtiting. But now B Ltd says that the letter was given by them under pressure to get the overdue payment released from A Ltd. The material has been detained by B Ltd for more than 4 months.
A Ltd makes up mind to lodge an FIR u/s 407 IPC.
Can anysone suggest the merits and demrits of A Ltd in the present case.
B Ltd on the back of its L.R. printed certainan terms & conditions of their tranport contract, which inet alia includes that they are entitled to lien on the goods to recover the outstanding payments/dues. Does this clause legally entitle B Ltd to detain the goods.
prompt responses are solicited.
Regards
P.c. joshi