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Queries Participated

rama gopalkrishnan   28 October 2022 at 09:36

Property tax refund from municipality mumbai

Our Society had received refund from Municipal Corporation Greater Mumbai in the year 2016 with interest.

Our Secretary and Chairman have been harassing few members and we have not received our Property Tax Refund till date.

Recently a new Committee has been formed who have been working on this and have promised to give our Property Tax Refund but, WITHOUT intetest.


After 7 years we may be getting our Refund now. How will we accept without interest? Society has intentionally held our monies and they have been earning interest on our monies retained in the form of FDs as Society cannot hold Cash.

The new Secretary says there is no provision in the Bye-laws to give our interest.

Bye-laws will never mention about how to misappropriate other's funds and how not to pay interest.

It's our hard earned monies and how can we bear this loss? Why should Society retain our interest? Please advise what has to be done.

Thank you.




Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

rama gopalkrishnan   03 July 2022 at 15:58

Noc to be obtained for share transfer of flat.

My mother passed away intestate. She was a joint holder of the flats with my brother as the first holder.

I have given in writing to the Society not to delete her name without my NOC.

The Society is saying that I have to file a case as my brother would file a case against me making the Society as the third party.

As per Law, Society has to seek an NOC from the Legal Heirs.

How can he make the Society a third party?

Please advise.

rama gopalkrishnan   26 June 2021 at 19:14

Rti against co-operative society.

My society has not given me my Property Tax refund since Yr. 2016. They have not given it to many like me to the owners who have paid sold and gone away. In my agreement it is clearly mentioned that after O occupy I would own all the profits & losses.

They generally harass people and won't work without bribe. They have given the refund to few whi are new owners.

Can we check their maintenance bill and ask for the documents applying fir RTI?

Will they respond?

Pl. advise.

Thanks in-anticipation.

Rama Iyer

Anonymous   01 November 2020 at 11:41

Rights of a daughter

Both my parents are no more today. I have a brother who has all my father's assets and valuables. As a daughter I at least want a share in my mother's jewellery which my brother is not in a mood to share. The flats he owns are in his name n my mother as the second joint holder. In case he wants to sell these flats in future would he require a No objection from me? Please advise. Thanks🙏

rama gopalkrishnan   20 June 2017 at 23:55

Letters of Administration

After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities. Please let us know how it is done and should we once again hire an advocate to handover the same to the court? Should we give a mutual consent statement of having divided the assets after paying off all the liabilities? Pl advise. Thanks, Rama Iyer

rama gopalkrishnan   20 June 2017 at 23:08

Letters of Administration

After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities.

Please let us know how it is done and should we once again hire an advocate to handover the same to the court?

Should we give a mutual consent statement of having divided the assets after paying off all the liabilities?

Pl advise.

Thanks,
Rama Iyer

rama gopalkrishnan   20 June 2017 at 23:03

Letters of Administration

After accumulating each of the asset movable and immovable we have to give the inventory of assets and liabilities.

Please let us know how it is done and should we once again hire an advocate to handover the same to the court?

Should we give a mutual consent statement of having divided the assets after paying off all the liabilities?

Pl advise.

Thanks,
Rama Iyer

rama gopalkrishnan   13 August 2016 at 00:13

Section 101 Maharashtra Society Act

The above section says that members who do not pay maintenance, the Sociery can take the help of Registrar by paying him Rs. 1000/- fees and take action against members to collect the pending dues.

There are some flats in our Society where the owners are not given any membership. The Society has issued notice to them under the above section and are threatening these owners.

Does this section 101 apply to non-members also? How should these non-members fight?

Please help.

rama gopalkrishnan   09 August 2016 at 11:52

Letters of administration(la)

I'm the administrator for all the assets of my late husband.

This was my second marriage as also his. He has a son in his first marriage.

His son and myself are the heirs.

After my husband's death the son, with the help of his uncles and aunt had seized away many documents(nsc certificates, Post office MIS etc) and he has provided a Waras Praman Patra from the Gram Panchayat, Panvel and claimed lakhs of rupees.

The house was having a loan and finally after taking the boy's NOC's I got the administrator-ship.

Whatever I could access i.e. the assets-movable & immovable we had mentioned in the LA.

Knowing all the fraud, I was reluctant to become an Administrator and told the boy that he should provide an Irrevokable Power of Attorney for the Flat and get it notarised, so that, in future he should not create any problem during the sale of the flat; only then I can become an Administrator. I knew he would harass me with the help of his relatives as they were guiding him constantly.

I had also taken a declaration from his of all the frauds done by him and his relatives and will not repeat them in future. Thereafter I took the risk of becoming an administrator.

The boy gathered sympathy and got a job in his father's place and I did not contest for it.

So, after we got the retirement dues from my husband's company I closed the House Loan and got the flat transferred on my name. The house was in a bad condition, so had to renovate the flat completely and now am looking for customers for sale.

The flat is vacant. Due to the market conditions, we are not getting a proper rate for the flat.

Now, the boy is threatening me that he will start staying in the flat.

I am worried now. If he starts using the flat he will mess with it, which is now made brand new. I am myself not staying there.

I was in job and now have lost my job due to the downsizing going on in the company.

What do I do? I cannot sell the flat at a loss. As it is the boy has fraudulently withdrawn lot of moneys and not shared it with me.

I have spent lot of money in procuring the LA, lawyer and High Court fees and other expenses in the execution of LA.

Please help me and advise.

Thanks,
Rama Iyer

Anonymous   09 September 2010 at 11:40

Division of Assets

My husband expired last year. He was a widower and this is our second marriage. Both of us have one son each. He has not nominated me but his son in the office records (for PF, gratuity superannuation and other dues)and now the son and the employer wants to claim 100%.Initailly the legal dept of the employer asked us to get a mutual agreement(on a 50:50 basis. Now the agreement has been signed and both the parties i.e. the son and myself have agreed that all the assets(movable & immovable) would be divided on the basis of the agreement. The agreement has been notarised. Once again after sending the agrmnt to the employer they have called the son and offered him a job and also told him that they will not disburse the dues and even if they disburse it would be as per the nomination. The flat where we are staying is on Loan and the bank is also behind us to settle the loan as the EMIs have not been paid so far. How do we take up with the employer. Why are they bent upon harassing us? We have not got any monies from anywhere still. Please help me out!