SSK_2019_DEV
30 May 2021 at 10:18
Our building is located in Mumbai Western Suburbs, its old structure which we are planning to get redeveloped. It has come to our notice that the Property Card of our society is not updated, the redevelopment builder is saying he would get it done. I have couple of queries
1. What is the relevance of Property card
2. Is there any risk involved in getting the property card updated by the builder or should we as a society go-ahead and get the property card updated.
Thanks
Anonymous
30 May 2021 at 03:33
Dear Sir
I am having flat at navi Mumbai. Society is having sharing parking. I want to rent it but the chairman is not allowing renting as tenant is having car and car parking to tenant is not allowed as per society bye laws.
1.. Can society deny ...
2. For tenant all facilities available to me shall be available.
Chinmay Dharwadkar
29 May 2021 at 12:52
Dear Sir/ madam,
Reference: RERA guidelines Maharashtra, Pune municipal Corporation, DC rules.
I am flat owner and member in a Cooperative Housing Society in Kothrud area Pune. I have purchased a Flat in the year 1993, when the building was constructed with brick work done and another adjacent flat of same area and design in 2004 in the same Co-operative housing society. I am one of the first members of the society and we are living since 1993 here. There are around 5-6 other members who are having open to sky exclusive terrace flats in the society (Terraces variable in square foot). Total flats are 23 and 6 shops.
Both the flats which we own are having open to sky terrace, approachable only through our flat and we have exclusive right to use them since the buildings inception. No other member can enter the terrace without our consent. Each terrace within our flat is of 120 square foot. Entry door is in the passage that connects living room, Hall and bedroom internally (please refer attached diagram). open Terraces are exclusive to use of allotee. That is myself. the net usable exclusive open Terrace that is appurtenant to the net usable floor area of an apartment for the exclusive use of the allotee.
While, these terraces are in the written agreement and are in the sanctioned plan. We have paid for the terrace while purchasing the flats to the original builder.
The society has now called for proposals from new builders for redevelopment of the building. Though this is not a new construction, these terraces are part net floor area to be surrender to Builder while Redevelopment of building. There are flats above our floor which does not have terrace option, above that there is common terrace.
Regarding this, as it is not a new purchase after RERA Rules came into existence, I have following query for your guidance,
1) How the Builder should count the carpet area of my flat as per current RERA guideline?
2) Should I take advice of an advocate or architect or of both? Can you suggest any advisor consultant from Pune City, or if you have list of authorized RERA advisors?
Society has selected one builder who has agreed with 30% extra on carpet area and he is ready to negotiate on exclusive terrace area, what should be maximum ask and minimum ask percentage from our side?
Waiting for your positive reply.
Yours Faithfully. Thank you.
sunitha nair
27 May 2021 at 23:58
My husband had a co-owned flat with his sister under loan and the loan was being paid by my husband. My husband died suddenly and we had to move back to our village. Now I got to know that my husband's property had been sold by his mother and the sister who was the joint owner then. What all rights I and my daughter have in that property? Can his family sell that property without my signature and all like that?
Anonymous
27 May 2021 at 21:54
Need to transfer tenancy of a pagdi house from deceased father to son and transfer the rent receipt in the name of the son. Do u need to pay transfer fees to the landlord in such a case ?
jaimin patel
26 May 2021 at 13:02
I HAVE PURCHASED A PROPERTY 5 YEARS AGO WITH A RENTED SHOP BY OLD OWNER 40 YEARS AGO. NOW I HAVE TO VACCANT THE SHOP BUT THE RENTER IS NOT AGREE NOR TO AGREE YO GIVE ME RENT AS PER RULES WHAT SHOUD I DO
ketan shah
26 May 2021 at 12:01
Respected Sirs,
U am the Landlord of a building in Ghatkopar East Mumbai. I have a property which is given on Rent to a Tenant. (It is NOT on leave and License and Not Lease. ) The Tenant is paying Rs.1264 per month for a 400 sq ft flat which includes Rent Property tax water and electric charges
The Tenant is 86 years old and his wife is 82 and at present she is in a very bad state of health. The Tenant also is suffering from Heart ailment, and has very bad asthama. The doctors are not hopeful of their survival specially the wife . And they have NO children.
In this case what is the legal right of the relatives of the couple who are not staying with them. There is only one sister and her husband in the family and they are staying in Vapi having a Mango farm with a big farm house and they also do not have any children.Can they claim the tenancy right or the flat possession comes to the Landlord. As the Tenancy is prior to the Rent control Act 1999 there is No Tenancy Rent agreement.
Your valuable advice would be helpful .Thanking you in advance.
shyam lal
25 May 2021 at 16:31
Till date after the lapse of 16 years the legal heirs have not got their shares muted in the concerned revenue records of the Nagar Nigam.
As per the registered WILL(self acquired)
Query ,can government aquire the property ,second can a third party apply for title transfer and legal possession after full filling conditions /prerequisites
Anonymous
24 May 2021 at 09:30
Hello,
My query is on a piece of land in Navi Mumbai which my father (deceased) had taken on lease of 99 years from SC/ST people in that village. The agreement is notarized and was made in 1998. We are paying property tax on my father's name to the municipal corporation and have the old electricity bills.
The agreement states that we can sub lease it and will be extended after 99 years. However there was trouble created by the relatives of the landlord which forced the tenants we had kept to leave the premises.
My father had undergone bypass surgery and these people used to call him and harass for more money apart from the yearly amount we used to pay as per the agreement. He had made many police complaints and he died few days before the police started an enquiry in 2014. I have the letters he had sent to the commissioner of police.
After his death I could not find a tenant and the dispute was still ongoing with the relative of the owner. He was taking the rent in cash.
That person died 2 years back and now his daughter has taken down my construction and made a temporary house during the lockdown. Since I am away from the location I am not able to go there, I seeked help of police but they are asking me to check with Municipal corporation or get legal assistance from court.
Shouldn't the police interfere since these people are taking advantage of the lockdown to encroach my property without any notice?
It would be very helpful if you could give me some legal guidance on how to move ahead.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Not notarized
Respected Experts,
I and my 2 other brothers had agreed to the partition of the land accordingly and it is written on a stamp paper with 2 witnesses attestation but we had not notarized the stamp paper, now is that agreement valid?