28 March 2020 at 23:39

Redevelopment.

Dear Sirs,

I have a 2 BHK flat in Pune which has Completion Certificate in the year 1988, but no apartment deed has been done by the developer. currently the builder has expired so we are not in a position to contact him or the original land owner.

Kindly guide us with the process for forming an apartment without the help of builder or land owner and get the property conveyance done in name of apartment.

there are total 12 flats and one garage.

Thanks in advance.


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20 October 2018 at 21:30

Transfer fees

Hi,I bought one flat 2 years back .In sale agreement there was one clause stating clearly "seller is liable to pay any maintaince dues,electricity and transfer fees to society".After we entered our new home ,Builder left society and we came to know that he handed all reponsiblity of society to a local man who reside in our society and is also a agent.
After few months ,That guy started managing responsiblity of society like water ,maintenance other stuffs.He also starting selling flats that were unsold before builder left.
Now he is demanding transfer fees from us.What should i do in this case.I had already showed him my sale agreemnet that seller is liable to pay transfer fees because we had that in clause of agreement.Seller is no more in this city and neither he is picking call.What legal actions should i do because that guy whom builder had handed over society is threatening to stop our water faclities. even if i am paying maintenence fess of society from last 2 years.
Please solve my problem with legal solution
1.Am i eligible to pay transfer Fees?
2.If yes then whom should i pay,Builder is nowhere and that guy dont have any proof of his position if he is chairman or secretary
3.If the seller is liable to pay and he is not available what should i do
4.Guy is threatening to stop our water and electricity connection can i take a legal action against him..even if i am eligible to pay transfer fees?
5.What documents should i demand to know that guy is real responsible person(chairman/secretary) of society


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Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate company, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot. To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot. Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval. The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me.


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Anonymous
08 October 2018 at 14:03

Cancellation of registered sale deed

Hi

Can anyone advise me on my below mentioned issues:

a) "A" was the absolute owner of some residential plots. A has given GPA to "B" and accordingly "B" sold few plots to individuals. One of indivual named "G". In 1999 G has become one of the plot owner through registered sale deed by GPA "B".
b) In 2000, "A" filed a civil suit against his GPA "B" and in 2001 settled their disputes and "A" has ratified few registrations done by GPA in the settlement which was apporved by local civil court. In this settlement, "A" though ratified few registrations, the doc. no. registered for "G" not factored.
c) In 2001 "A" sold the plot already in the name of "G" to "R". "R" again sold this plot to "L" in 2004. In 2014 I bought this plot from "L". Now when I tried to sell, I have noticed 1999 transaction in the EC. I approached "L" and "R". "R" said sale of "G" got some settlement, hence "R" bought the same from "A". But documents towards that settlement or cancellation of sale by "G" tthrough GPA is unable to trace.

My concern is :
a) in the absence of such settlement copies between "G" and "A", how "R" bought the same plot. Here twist is that "R" was one of the witness for "G" in 1999.
b) If "R" or "L" is able to get some documentary evidence, how can this be reflected in EC
c) If I want to cancel my sale deed with "L" what is the procedure I should follow to get my money back from "L"
d) I could notice this 1999 transaction only when I tried to sell now.. Hence can I file a suit now as it is more than 3 years since I bought the land from "L". If not what alternative I have ?


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Anonymous
06 October 2018 at 20:47

Ancestral property law

My grandfather inherited ancestral agricultural land which was bought by his grandfather. My grandfather partitioned the property among his uncle's sons in the year 1954. The property is in Tamil Nadu.

My father and aunt were born before 1950.

My grandfather passed away in the year 1995. and my father passed away in this year. My aunt is alive. Could you please advise if my aunt or her children can claim this property.


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Hi
Could any one tell me,
We had transfer the property from father's names to mother's name.
We had done the registration at Mumbai registration office.
in the format of stamp duty and registration on behalf of gift deed.

Wanted to know - How do we transfer the name on share certificate and annexure II.
What is steps ?
Whats should follow do get it done.
what is role of housing society have.

Request you please suggest.





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03 October 2018 at 10:53

Will veelunama

Respected sir/madam

My grandmother(fathers mother) written a will in favor of my aunt(fathers own sister) witnesses in the WILL are signed by two of my aunts(fathers own sisters) is the will is valid if i challenge it in a court can my aunts (my grand mother own daughters) can sign as witnesses in the will.

please give your valuable suggestion


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Dear Sir,

Kindly provide me a name of Government Authority who is authorized to issue Occupancy Certificate or Completion Certificate for small town buildings plan in rural area which was approved by Thane Collector office and sanctioned by town planning, Thane, Maharashtra.

Thanking You.

With Regards,
Santosh Kale


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Anonymous
02 October 2018 at 22:36

Missing papers

Dear sir/Madam,
I am a members of managing committee of a cooperative group housing society. A senior member of our society died 15 days back. He is survived by wife who is bed ridden and illiterate. They had no children. After the man's death, the relatives of both man and woman's side started squabbling with each other over right to property. The dead member was the sole owner of the flat.
After much mud slinging, the relatives of woman's side allegedly sneaked off with all the papers of property, jewellery and aadhar cards of both dead owner and wife.
The remaining relatives now present are the dead owner's nephew and family.
They are now demanding duplicate copies of property papers from the society. They have ruled out any negotiation or mediation with other relatives to get the papers back.
Upon my insistence,they reluctantly lodged an FIR of missing papers, submitted a copy in office but still haven't published any advt regarding the same. Also, they wont be getting it transferred in the name of surviving wife either{what i could gather from my conversation with them}. After submitting copy of FIR they've suddenly become extremely impatient for papers. Calling and visiting every 15 minutes.
Kindly advise what should be the role of society mgt in this such that we may not unwittingly become accomplice in some property fraud.


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Dear Sir/ Madam,

Its regarding our land (Its a granted land) issue, at present case is going on high court but some local real estate people and opposite parties showing money to our family members means Grand mother's own sons and other family members and getting them their side and making them say yes as per their instruction, even they are approached us ( My family and my Grandmother also ) saying we will give 75 lakh in that we will only share that money to your Grandmother 25 lakh by that she can share with her Daughters and Balance 50 lakh will be share to your Grandmother's two son each equally Because they two are Born as son like how they are giving reason, see actually to see our all this transaction is illegal but i don't know whom to complaint against this activities, further to say we are not agreed for that offer, but here what is happening from last July -2018 hearing date was given by the court, even i am checking every day but still hearing date not given by the court, here we are in bad situation because of that local real estate peoples and our own family members who gone with them just for greedy about money, even we experienced misleading by our lawyer who appear in our case in 2016, I just want to convey Honorable Judge this fraudulent activities because at our native Tribunal members also included to do this activities. i don't want money i need justice. please guide me how can i able to inform this to Honorable Judge.
Want to tell one thing that our own people means our Grandmother's sister son only giving paper add stating its a Thoti inam land (Granted Sc land) if any one made any transaction in it, they only will be liable if they get loss or any problems, at the same time he only engaging with local real estate parties and getting our Grandmother's two son's with him trying to sale the property. i have already discussed with our present lawyer about this, but they are saying wait we will make statement, petition in front of court on next hearing, but i am waiting from 1st week July-2018 still (today 28.09.2018) date not given i know in legal system all are not happen in minute it take time but how can i keep calm seeing this fraudulent activities. please guide me.

Thanks


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