Sajjad Anwar
07 October 2020 at 13:48
Selling of house floor wise
Dear Sir,
I constructed of house (G+3 floor) on 20 x 30 ft plot area in Bangalore. Each floor has 1 unit. Now I have decided to sale 1floor .
Kindly advise
1) can I sell individual unit floor wise?
2) plot is A khata, I took loan for construction of house, will I required to clear loan before selling units?
3) will this type of selling house is loanable?
4) what all documents will be required by buyer to obtain loan before purchasing these units?
Anonymous
07 October 2020 at 11:06
Sir,
1. IS CALL RECORDING ADMISSIBLE AS EVIDENCE?
2. IS GMAIL MESSAGES SENT TO OTHER PERSON ADMISSIBLE AS EVIDENCE?
Anonymous
07 October 2020 at 09:53
Hi sir we are four children of father who own a cidco flat in navimumbai. He expired in september 2020. what is the procedure to get the ownership of the flat so as to be able to sell it later by we four children. Its said that Maha govt. has done some major amendment in related laws which we are not aware of. I request a step by step procedure to get things in proper order. Yes father has made the will & wanted property to divide equally among children.
Your advice in this regard will be hihly appreciated sir,
viku589
Justacommonman
07 October 2020 at 01:22
Dear Experts,
As per the elections guidelines published for the election of AoA in our newly formed society in UP Meerut jurisdiction, the bye-laws state that "Voting will be on a percentage basis, and the percentage of the vote for which the owner is entitled is the percentage assigned to the dwelling unit or units in the declaration." As per this the Election Officer says that unit having lesser area will have a proportionately lesser vote.
AFAIK, As per the SC judgement of 2007 - "Veena Kumari Tandon v. Neelam Bhalla And Others" - one flat one vote should be the norm. But the The Uttar Pradesh Apartment (Promotion of Construction, Ownership and
Maintenance) Rules, 2011 contradict this SC judgement saying:-
"SIXTH: (a) that the right, title and interest of each apartment owner and his
proportionate share in the profits and common expenses for the common
areas and facilities, as well as the proportionate representation for voting
purpose in the meeting of the Association of Apartment Owners of the
…………………………….… Condominium is based on the proportionate value of
each apartment to the total value of all apartments. "
There seems to be a clear contradiction here. Please guide what can be done to enforce one flat one rule as mandated by SC?
Samik Bhattacharya
07 October 2020 at 00:32
To
The Concern Authority
Lawyers Club India
Sub : Seeking for information
Respected Sir/Madam,
I undersigned most humbly and respectfully showeth and seeking information under as follows :-
A. The procedure for getting citizenship of a Nepalese Girl wedded to the Hindu Brahmin of Indian Citizen. How much time it will take?
B. Is there any particular "Form" of Application to be submitted seeking citizenship and is any Fee required to be paid, kindly let the mode of payment too.
C. What kind of documents required therefore , apart from the Educational Testimonials, Marriage Proof, Domicile Certificate of participants etc .
D. Kindly give the name of any particular authority deputed and designated for the above purpose and is the physical presence of the participants in person or duly authorized representative required (if so) in which stage of proceedings.
E. We know about 7years procedure we want emphasis on 1 year plan under special marriage act. Describe any other suitable method.
It is my request with yourself kindly be pleased to provide the above information.
Thanking you with an anticipated response.
Sincerely yours
___________________
Samik Bhattacharya
9229194891
bhattacharya.samik@gmail.com
Anonymous
06 October 2020 at 17:34
Respected experts,
I own land, and can I transfer the property to the partnership firm or in the name of my partners?
Anonymous
06 October 2020 at 15:09
The suit premises is residential room which is belonged to Housing authority such as Delhi Development Authority (DDA). It is tenancy property and not ownership basis. Only tenancy right in respect of room is transferred in favor of person and not ownership right. Not giving exact details of authority to mantain privacy.
Law through which authority is established says that the prior permission of authority is required to transfer the tenancy right in favor of third person and if transaction is done without permission then authority can refuse the transfer of tenancy and purchaser of room will be unauthorised occupant and can be removed from there and authority will take possession of room.
But in practice people do it without permission and whoever is in possession of room apply for tenancy right transfer in his name saying that he purchased tenancy right from earlier owner and authority transfer tenancy right in favour of new purchaser based on registered sale deed and after verification of possession of new purchaser.
Hence important point to be highlighted is that in this case only sale deed does not constitute the valid title document. Sale must be authorised by the concerned housing authority. Unless and untill sale is authorised by housing authority it is no sale and does not confer full right over room to new purchaser even if he is in possession and purchased property through sale deed.
Fact of the case:
Suit is for possession and it is alleged that defendant has forcibly dispossessed plaintiff and illegally transfer the tenancy in his name in collusion and connivance with housing authority and legal heirs of room. Plaintiff is also legal heir who's right is refused by the defendants.
Housing authority, Plaintiff and Defendant who is in possession is appearing before the court. During pendency plaintiff informed the court that defendant is in process of selling suit property to Mr. A but before registering sale deed, court restricted housing authority and defendant from executing any further document in favour of Mr. A and ordered not to transfer possession to Mr. A.
Possession is transferred and sale deed executed in favour of Mr. A by defendant in defiance of injunction. Mr. A was aware of injunction order though not party to the suit as copy of order was served to him as well.
Mr. A is in possession of suit property whereas tenancy still in the name of defendant. Mr. A is enjoying the property and not even applied to housing authority for transfer of tenancy right in his favour to housing authority. As he is aware that court has ordered housing authority to not execute any document in the name of Mr. A.
Because matter is before court, Housing authority will neither transfer tenancy right to mr. A nor remove mr. A from suit property even the transaction is done without its permission and housing authority can remove mr. A from property by virtue of power granted to it by its law. But stand of housing authority before court is that whatever the court decide is accepted to them.
Now Mr. A is added as party to suit and injunction is sought against him to not to create any further third party right which will be surely granted.
But along with this we have too asked for removal of Mr. A from suit property and order for authority to take possession and seal it as an agent of court receiver.
Contention behind this is that only third party injunction is not enough to preserve the property because Mr. A who has purchased it in violation of injunction order in spite of knowledge of order can obviously sell suit property in spite of injunction order. After appearance of mr. A before court who is refusing the summons of court, court can remove court receiver if he furnish security or satisfies the court.
Whether court receiver is justified in this case? What will be likely order of court? Any judgement of court in this behalf in respect of appointment of court receiver will be highly appreciated.
Thank you and sorry for the long query.
Vasudevan
05 October 2020 at 17:40
I had entered into rental agreement with a private limited company for a period of 9 years with stipulation to revise the rent every three years. The agreement was reduced into writing in a Rs.100/- stamp paper. The property is at Pondicherry and the Co. office is at Mumbai. Whether the rental agreement is need to be registered compulsorily? If not registered, whether any legal impediment in the terms of agreement? Please clarify.
Anonymous
05 October 2020 at 15:29
A house property which is registered in my name and the original document in my custody, my father's cousin sister, was given the house on rental basis during 1960 when I was small. When I was major, under religious pressure, he gave a note of Rs 100/- that the house is sold for
Rs.30, 000/= without having received rent for more than 115 years then. Now, out of three children, the youngest daughter is dwelling in the house, and she has sublet the house on rent. She wanted to sell, due to the requirement of legal heir signature that I did not sign, it was not sold. How to solve it when my father, without knowing or remembering I am the legal heir. Then I was 22 years when the note was given.
How to evict them. What procedures I have to do.
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