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satish p (operator)     19 July 2012

Advice required

My mother is 86 years old & staying seperate for last 20 years because all childern are staying nearby.Her building is under redevelopment process & without consulting the society members governing body entered into development aggrement with the builder.In the development aggrement some clauses are in favour of builder such as stilt parking is the right of society but they have authorised the builder to sell 65% stilt parking..Even builder is  not ready to pay temp.accomodation rent which will facilitate my mother to have alternate accomodation till building gets ready.Can builder or society evict her forcibly>We are not against redevelopment of building but taking into consideration age of my mother and other financial dificulties can she take rigid step till builder gives proper temp.accomodation rent



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 5 Replies

sridhar (Propreitor)     19 July 2012

My father expired last year . I have 2 elder sisters. Though gift deed from my father, we all got this 3 storied non residential building.  First floor belongs to my second elder sister and second floor belongs to 1st elder sister and 3 rd floor belongs to me and we share the amenities.

My second elder sister approched the Tiruvannamalai ( Tamilnadu) municipality and changed the name in the Propety tax. When I asked to add the name in the Property tax receipt, the commissioner refused to add my name in the receipt, and I was told that New tax will be levied for my floor , which is 4 times of the current tax.

And the commissioner also refused to divided the existing tax. Kindly advice us how to fix this additional tax burden? can we approch court of law? Please advice and inform us relevant bare acts connected Name change Procedure in the Property tax receipt.

 

M.N. Sridhar

 

shamina sayed (Advocate)     19 July 2012

did you gave your consent for redevelopment agreement?pls also read the clauses which your society managing committee signed with builder.see for the clause of alternate accomodation.if there is clause for providing alternate accomodation,then its liability of builder to provide it.if you not given consent,then issue notice to builder and society managing committe members to withdraw the agreement with builder.further you can obtain injunction order from appropriate court  restaining the bulider  not to demolish and develop untill alternate accomodation or monthly compensation is given to you.

prakash.m.shah (proprietor)     20 July 2012

sir,

    let me know what should be a legal procedure to buy home property if selller is not having chain of agreement

And  that property which is i want to buy is now redeveloped by developer ,now society is giving new share certificate to old members . so in this situation chain of agreement or seller purchase agreement will required

prakash.m.shah (proprietor)     20 July 2012

sir,

             what is PWR-219  scheme in case of house property in mumbai , In pwr -219 scheme society can take memeber of open cattegory caste  if yes, then what is  it propotion ?

Parcker (Cabin Crew)     20 July 2012

"Hi,

My dads mother has passed away 58 yeras ago on whose name the property sill belongs to and my dad passed away 3 years ago ...we currently live on an undivided property and my dad has 5 brothers and 2 sisters and they all have big houses and my dad has a very small house as compared to the others .....we have our own individual homes.....now 2 of my dads brothers have built their house and extend their house and none of my dads brothers are ready to divide the property or sell the property as they have big houses ........I needed some help as to what do i do to get an equal share in the property"


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