24 January 2019 at 23:10

Vat for previous years

Dear Sir,
I have received a letter from my builder/developer to pay VAT for the period before 2016 because Haryana government has sent a demand to the builder/developer.
The property was completed and delivered by the builder many years back. All the dues were cleared.
Property is already registered.
Is this demand for the builder/developer to bear or for the owners?

Many thanks.


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Our building is an Apartments not registered as a Cooperative Society and has been constructed in 2000. The aparment owners on the ground floor have encroached upon the common areas of the building. They have made construction over the top of the underground water tank and have also put tiles over it. They have blocked access to the water tank by blocking the area with a gate that is kept under lock and key by them. They are using the top of the underground water tank for their general dwelling and kept some material over it. They have constructed a utensil washing area very close to the opening of the tank. Recently the water from that washing area entered into the tank contaminating the water posing danger to the health of the residents of the Apartments.
Please suggest what legal recourse can be had against the encroachment and how they can be compelled to remove the encroachment.


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Anonymous
09 January 2019 at 00:03

Alteration in redevelopment agreement

Our society has executed registered development agreement with developer in 2015.

For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem

The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started.
The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat.It a common phenomenon.

The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation.

In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC.

Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE of Rs 15.30 crores WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES.

He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties.

Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY.

The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED.

WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT.

FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWEEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Further please advise can a legally enforceable mortgage deed be created when property itself is not existent on the date of agreement registration

Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc.

Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper.
How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law

Is this case be accepted in consumer forum how much are the chances.
Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court

Regards,


JAYESH CHOKSI
8080546187

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A purchased a agriculture land from B in the year 1962 with registered sale deed , but till now A or his son or grand son can't take the possession or entries in Revenue records i.e adangal/Pahani or ROR 1B.
B's son after grand son enjoying the same land and B's grand son name is reflected in revenue record. Now the grand son of A trying to take the possession from the grand son B, the same was rejected by B's grand son by telling that the registered sale deed was bogus, if it is real why can't they take the possession till now. in this case what remedies available to A' grand son and B's Grand son, can The A's Grand son can file case for take possession or Can the B's Grand can file case for injunction order. please suggest with reference case law, this land situated in Andhra pradesh,


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Under new companies Act,2015 amendment what is the procedure & what resolution to be adopted for transfer/ sale of immovable property by a private limited real estate company.


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07 January 2019 at 08:51

Widows property share

Two brothers equally shared inherited .self acquired property of their deceased father by the virtue of his WILL.
now one brother dies --query---- is what is the fate of the widows share of property?


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Anonymous
05 January 2019 at 11:56

Fake property transaction documents

My grandfathers property was left behind without a "will" after my grandfather's death. This property is supposed to be divided among my father and his brothers with whom we dont have a great trust relationship. We eventually found a buyers who agreed to pay each of our individual shares separately. As per the agreement on paper - buyer agreed to pay 25 Lakhs each immediately and within a span of 6 months - pay the remaining share of each person. As per agreement, if the buyers failed to pay the amount within 6 months - the sale agreements remains nullified - which means my father and his brothers can sell the property to anybody else and will not be returning any money back to the buyers, which he paid us as the first installment. As per the Sale agreement - incase the buyer failed to pay us the entire agreed amount within 6 months and is still interested in buying the property - he will have to pay us all the interest on the remaining 2nd installment for the delayed duration which will be a huge amount.The buyer failed to pay us the entire remaining Sale Amount within six months.

In between the end first year and the 3rd year the buyer pestered us to returned back the 25 lakhs he paid each of us+ the interest incurred for the time till date - since he did not want to buy the property any more. We denied to pay him back any penny as per our agreement. His actual intensions are absolutely to buy the property, however he is playing around and trying to delay the payment time, while we are incurring huge loss on the interest. So the buyer failed a case on my father that we(only my father not his brothers) have received the entire remaining amount of our share. The buyer filed the case on my father and not on my uncles since, it was easy for the buyer to forge my father's signature & create fake documents. We received a court notice stating the same.

What I would like know?
1. What should we be doing next? - should we also a file a case on the buyer for filing a fake case or no act on the court notice?
2. What happens if we do not act on the court notice?
3. I also heard that people file these fake cases - just so that buyer can keep delaying the buying process and eventually buy it at the same agreed price?
4. Incase we file a case on him in response to the court notice- what will we be asked in the court? Settlement outside the court does not seem a possibility since he wants us to repay the 25 lakhs each of us paid + the interest on that amount for these many years.
5. I am thinking though he has filed a case stating that my father has received the full and final settlement - I am thinking the court will certainly ask on how was the transaction done. I think a transaction worth lakhs can only be done in cheque? We do have a bounced cheque from the buyer.
6. My father is not in great health at the moment. Between all this issues it is possible and safe for me or my mother to take the power of attorney? Will there be any question around this in the court?
7. My uncles are considering hiring two lawyers - one criminal lawyer to handle the fake case on my father having accepted the remaining balance amount of our share, and another lawyers to file case on the buyer - since he has not paid the remaining 2 installment to any of us. Does this sound reasonable?

I am really hoping to hear reviews/ opinions/ suggestions from experts here. Thank you much for your time.


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My client who is OBC caste candidate married to ST caste female in 1972.
And their children have OBC caste certificate.
Now agricultural land in jaipur purchased in the name of ST caste mother from ST caste person.
Now Children of the inter caste couple whose have OBC caste certificate as per father caste, want to transfer said agricultural land to themselves.
As these children are the class legal heirs of parents property.
Kindly suggest how said agricultural land transfer to OBC caste children from ST caste mother


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Anonymous

We have United family (Hindu undivided family) at our village in Maharashtra. My Grandfather Late. Rambhau Thorat. was jointly lives with his brother Mr. Kisan Thorat. He has passed away in 1995. Farm cultivation were done altogether and having 8acres of land initially in their name. Late Rambhau L. Thorat has 3 sons viz. Laxman R. Thorat (Late), Shivram R. Thorat and my father Gopal R. Thorat (Late) and my grandfather's brother Kisan Laxman Thorat has two sons viz. Sopan L. Thorat and Sitaram L. Thorat.
All 5 brothers are United and no property distribution was made till date. My Father Late. Gopal R. Thorat was only working in Mumbai and was also supported united family as and when need. My eldor uncle was living in native place along with rest 3 brothers and was a school teacher. Rest 3 uncles are involved in land cultivation. Over the period my father was not taken any consideration or shares from income generated from cultivation. During my grandfather's time and after his death till the date from the revenue generated from farming, additional cultivated land was purchased. Registration was made on any one of the brother(s) name as a formality on mutual understanding since increase of property bwas only the moto. Some time my father was additionally contributed for land purchase, well and new house construction, water pipe line from his PF withdrawal and loan taken from company.
Today, on property card all are having their name soly or jointly. But on my father's property card he has less and poor land (9 acres less fertility land) jointlybwith my uncle and rest are having average 13 acres high fertility land with full water source and equipped. Last year, after my father passed away, my uncle's were demolished our house constructed by our grand fathers without informing to us and started constructing 3 bunglows on same plot. When we asked for the same, we had denied to respond and even been asked for transfer of 3 acres of land on my uncle's name. We will not get possession of newly under construction bunglows. If we need a house in native place we own have to construct it.
Please suggest the right path.

Regards,
Pravin Gopal Thorat


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26 December 2018 at 17:10

Redevelopment of rental property.

There is a company-owned rental (pagdi system) flat (Approx area 1800 sqft carpet). The rental receipt and electricity bill are on the company's name. The families of the two main partners( Real Brothers) used to reside in the above mentioned flat. One family migrated to the native home due to ill health of one of the family member. Recently a builder approached the landlord and acquired the whole building for the redevelopment of this premises under Mumbai delipidated building law and asked every tenant to submit relevant documents to prove their tenantship right. The brother residing in the flat is discussing with the builder to claim the whole flat for himself. My father (his brother) approached the builder with all facts about this flat and ask him to not deal with the residing family alone. More than two months have passed and we have not received a reply from the builder. Please us how to handle this matter.


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