Anonymous
26 April 2011 at 17:27
I purchased a property in a public auction from a bank. In order to register the property in my name, I went to the housing society to get the membership. The housing society claims that the previous owner (before me) of the land did not construct a house within 5 years of his purchase and they sent the owner a final notice that the society has taken over the ownership of the plot due to the non compliance of the society laws (or bye-laws whatever).
The previous owner had received loans (not a home loan) from a bank keeping the original sale deed of the property as a security prior to the final notice from the housing society. The society claims that bank did not obtain an NOC before giving loan to the previous owner and therefore their claim to the land is valid. However, the bank claims that they did not require an NOC from the society to lend a money.
The bank sold the property to me in an auction under the SARFAESI act. The property will be useless to me unless I can become a member of the society because I will have to get approval from the society to get electricity, water etc.
In short, here is the outline of events:
1992: mr X (assumed name) purchased a residential land in a housing society.
2000: Mr. x mortgaged the land to avail business loan (not a house loan)
2002: Housing society sent final notice to construct a house in the land otherwise his ownership of the land will be nullified due to the non-compliance of the society rules.
2008: Bank initiated the legal process to recover their loan. They put a sign board
on the land indicating the land has been seized by the bank.
2009: Land was auctioned under the SARFAESI act.
I was the highest bidder at the auction and was granted the certificate of sale from the bank after the full payment of the auction amount.
Society claims the ownership over the land even though the land is still registered in the name of X. They want me to get a copy of the NOC that bank must have gotten before granting a loan to Mr. X. Bank claims that they are not required to get an NOC for giving a mortgage loan.
Am I screwed here? I will not be able to register the land in my name unless I get an NOC from the society.
Please advice what are my options? Bank is willing to co-operate with me in any legal matters. I am willing to pay any maintenance fees past due on the property. I am located in Raipur, Chhattisgarh.
Can a housing society claim ownership of the land without registering the land in their name?
Regards
Natash
Anonymous
26 April 2011 at 17:14
Hi, I wanted to know how to obtain occupancy certificate in case the cooperative housing society has misplaced it. The building was constructed to serve as staff quarters in 1983 and subsequently the flats were sold to employees and the land was sold to a developer (with the condition that the existing buildings would remain untouched). A cooperative housing soc was formed by the new owners (ex employees). However, when we applied for a home loan recently, the bank wanted a copy of teh occupancy certificate. On asking the CHS, they said that they are not in possession of the same. What should be done to get a copy? Is there any other alternative document? is there anyway we can obtain the same from BMC as a prospective buyer.
Anonymous
26 April 2011 at 17:11
Inspite of search at various legal sites,I could not locate the full text of state commission judgement (Presumably of Maharastra) in the case "James Longuin D"Souza V/s Principal Rural Medical College"
can anyone provide the full text or any useful weblink to locate the same?
Anonymous
26 April 2011 at 16:59
hello
i have a 5ooosft site in Rajrajeshwari nagar it is converted to NA & has been approved by GP now it is under BBMP.is it come under akrama sakrama & if yes how much the fees is
mruthunjay
shrikant
26 April 2011 at 16:45
one cadidate pass the ITI trade exam and apply for apprentisship to the Maharashtra state Electricity Board in Janewary2005 and completed traning in october 2005 and get the certificate as"The candidate successfully completed Apprentisship in Maharashtra state Electricity Board ,Maharashtra state Electricity Board Trifurgated into three companies in month of june 2005 namely
1)Maharashtra state Electricity Distribution company limited
2)Maharashtra state Electricity Transmition company limited
3)Maharashtra state Electricity Genration company limited
Maharashtra state Electricity Transmition company limited publish advetisement for recruitment of line helper in yr 2010 which mention that candidate should have
apprentisship certificate of )Maharashtra state Electricity Transmition company limited or erstwhile MSEB ,The candidate sucessfully pass the written test as well as interveiw test at the time of joining &verfication of document Authority refuse to join him The the candidate file W.P before Honble high court my question is
1)whether the certificate granted By MSEDCL UNDER THE HEADING MSEB is vallid while company is formed
2)the candidate is taken apprentisship traning in MSEB AND COMPLETED IT IN MSEDCL
AND GET THE CERTIFICATE OF MSEB whether candidate is entitle for appoinment or not
Anonymous
26 April 2011 at 16:43
I am Living in Thane at Wagle Industrial Estate, and this is under the Forest division and MIDC.
Recently Mumbai High court ordered in the faour of MIDC and Forest to destroy the Zhopadpatti.
since we are living in thane from 1990 and right now we are also recieved notice for the same from MIDC.
thats means we dont have any house and we dont have any rights on our house and that is illegal.
Now, I and resident people of area are in tension and they want to take action against this and want to stop these activity.
right now we have not receieved any reply from MIDC that they are providing us other place/ accomodation or else.
so according to 1996 development plan can we get the home from govt or MIDC inspite of this.
please let me know all about these matters and request for your valuable suggestion because we have received 1 month notice and i dont have any house to move, even in the mumbai the rent of a month is near about 5000 Rs. so it very costly for us working on 7000 rs.per month.
can we go against to this mumbai high court/supreme court of india.
if possible for please let me know about the procedure.
Regards
Paralikar
Thane
Anonymous
26 April 2011 at 16:42
I am Living in Thane at Wagle Industrial Estate, and this is under the Forest division and MIDC.
Recently Mumbai High court ordered in the faour of MIDC and Forest to destroy the Zhopadpatti.
since we are living in thane from 1990 and right now we are also recieved notice for the same from MIDC.
thats means we dont have any house and we dont have any rights on our house and that is illegal.
Now, I and resident people of area are in tension and they want to take action against this and want to stop these activity.
right now we have not receieved any reply from MIDC that they are providing us other place/ accomodation or else.
so according to 1996 development plan can we get the home from govt or MIDC inspite of this.
please let me know all about these matters and request for your valuable suggestion because we have received 1 month notice and i dont have any house to move, even in the mumbai the rent of a month is near about 5000 Rs. so it very costly for us working on 7000 rs.per month.
can we go against to this mumbai high court/supreme court of india.
if possible for please let me know about the procedure.
Regards
Parlikar
Thane
Anonymous
26 April 2011 at 16:36
Dear Sir,
Wanted a Labour consultant person in South Bangalore.
Please provide me contact details
my contact details 09900880088-Rajkumar-advocate-bangalore
Anonymous
26 April 2011 at 16:08
In Delhi PF and ESI is adminstered by PF commissioners and ESI(as per jurisdiction)There are many other labour laws (list below) applicable to a factory and establishments in delhi. I want to know the name of the authorities/departments who are responsible for registration,renewal and other functions.
1. factories act
2. Contract Labour Act
3. minimum wages Act
4. Payment of Bonus Act
5. payment of gratuity act
6. Apprentice act
7.Shops and establishment Act
8.Industrial Employment Standing Orders act
Regards,
P.C. Joshi
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Item numbers in Delhi High Court
I saw in the Delhi High Court website and found that Items have been classified as A,R and J
Kindly inform whether items numbers are the same numbers which have been located in the list or there is separate classification of the numbers?
For example if the cause list says
Sno Petitioner Respondcent
44 ABC Co ltd vs XYZ ASSOCITES
Then item no should labelled as A44 ?