Anonymous
19 April 2010 at 11:24
Dear Sir,
I have garden (Lawn) attached flat. Society is after me to pay additional charges for use of Lawn. In fact I had paid the money to the Builder while purchasing the Flat & also got the allotment letter for use of Lawn area. I myself maintain the Lawn & using the water which is provided by the socierty for my consumption. Please advise.
Anonymous
18 April 2010 at 22:51
My brother & I inherited a flat in a housing society several years ago. Though the share certificate was transfered in our favour, we did not find the need and necessity of registering the same.
I am now planning buying out my brother's 50% share, and for which I seek certain clarifications, as under:
1. Before proceeding with the sale, is there a need to have the flat registered in the name of my brother and myself
2. Upon executing the agreement of sale, the stamp duty should be computed on just 50% of the house value?
3. Is there a chance of escaping the stamp duty, since I am a joint owner, and by virtue of this sale I am only striking of the name of my brother?
4. Any ideas on how this stamp duty hit can be minimised.
Would appreciate your views.
Anonymous
18 April 2010 at 16:15
I have given residentail flat on rent , what type of taxes will come in play, rent is Rs 45000/
TDS, Service Tax, Municiaplity Tax, society charges at what rate to be levied ?
Narayanan Sreenivasan
18 April 2010 at 13:05
I stay in the 7th floor of my apartment ,which is a proposed society formation stage. We are facing acute water shortage due to the overhead water tank being too small to ensure water for 20 families.While builder claims no responsibility, other members too are in comfort zone and are not bothered. Can i construct a small water tank in the terrace owned by me,without compromising on safety aspects of the building structure.say a 300-500 litre septic tank. terrace is owned by me in top floor .
Anonymous
18 April 2010 at 11:46
I am looking to buy a flat in an apartment which is around 3 years old. People have occupied all the flats in the apartment and I am looking for a second sale. I have a query but before I ask the query, given below is the background of the property :
1. The apartment is a joint venture between the builder and land owners. As per the joint development agreement (JDA), 72% of the flats belongs to the builder share and 28% of the flatbelongs to land owners share. The flats that belongs to the land owners share is clearly called out in the JDA.
THIS JDA DOCUMENT IS REGISTERED.
2. The land owners has given a general power of attorney (GPA) to the builder to sell flats in the apartments. Though this GPA is pre-dominantly given tothe builder to sell 72% of builders share, it also has a "NOTWITHSTANDING" clause which states the following:
" Not withstanding that the attorney shall execute sale deeds in respects of the apartment units comprising in proportional extent of constructed area delivered to us/owners after completing construction from time to time, out of 28% area allocable to us/the principals"
THIS GPA DOCUMENT IS REGISTERED.
3. There is another GPA document which one of the land owner (who owns the flat under consideration) has given to the builder to sell this flat under consideration.
THIS DOCUMENT IS NOTARISED BUT NOT REGISTERED.
4. Based on points 1 and 2 above the builder ALONE has executed the FIRST sale deed . Though point 1 and 2 are referred in the first sale deed, point 3 is not referred in the sale deed.
Query :
1. Does point 1 and 2 give enough rights to the builder to execute the first sale deed? I have this doubt because the GPA mentioned on point 2 pre-dominantly gives rights to sell 72% of flats which is the builders share.
2. Is it safe for me to go for the second sale? Is there anything that I should do before I go for this sale?
Thanks in advance for any guidance/help on this query.
AJIT KAWATKAR
18 April 2010 at 01:47
the case pertains to Aurangabad in Maharashtra.my elder brother negotiated &purchased a small plot after paying xx amount to the Land lady in yr 1990.no agrmnt etc.treassable[since the Land lady & my bros. both have died in 1991 &2002 resply] with great efforts Approved Maps & some correspondance are obtained. it is now almost 18 yrs.all the flats are occupied.paying Ppty tax'to corporation since 1994.the heir has neigther approched us nor lodged any complaint.in the given situation whether we can put/file petition whereby we can get legal status. Pl. guide!
M S Prabhakar
18 April 2010 at 01:12
Our buider had registered our CHS on 30-Apr-2004 but had concealed the fact till 11-Oct-2009 when he was forced to call the FGM and constitute a managing committee to run the Society.
For over 5½ years since 30-Apr-2004, the builder was charging a flat maintenance rate from members and operating out of a bank account very similar to the registered society's name, but with a "Proposed" annexed to it [XYZ CHS Limited (Proposed)].
Recently it came to our notice that the "Proposed" a/c is still active and the builder is debiting expenses unrelated to the real Society's.
My questions are:
(a) Is it legal on the part of builder to operate a "Proposed" bank a/c after the registration of the real Society on 30-Apr-2004?
(b) Is it legal for the builder to debit unrelated expenses out of a "Proposed" account after constitution of a managing committee on 11-Oct-2009 (and without the managing committee's approval)?
(c) Does the managing committee have the rights to instruct the bank to freeze the "Proposed" bank a/c?
(d) What is the legal remedy available to recover amount lost from the account after 11-Oct-2009 (date of constitution of managing committee)?
(e) Can the managing committee instruct the bank to transfer the balance to the Society's a/c and what is the correct procedure?
Please advise.
Anonymous
18 April 2010 at 00:07
Dear Sir/Madam
My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.
Then we compromised before elders of the society and the shares were allotted as follows:
1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.
A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.
Everything was fine up to 2007. Me and my parents living together and my brother was living separate.
I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.
In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.
Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attach he was in hospital in Jan 2008.
During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.
After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.
From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.
Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.
I request your kind self to clear my doubts.
1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?
2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.
3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?
Please clarify my doubts.
Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.
Very Truely yours
Dr Suresh
Anonymous
17 April 2010 at 23:53
I am in a company who had closed on a premises for lease. However, the premises is in litigation for the last 15 years. During these period the premises was leased out to Banks and other corporates, but on what documents to save the interest of the Lessee, we are not aware of and neither would the Lessor say. The premises is at dirt cheap lease fee at Mumbai. However, we want to ensure that our rights as a Lessee is protected. Can we ask the incumbent Lessor to seek an order that the Lessor can lease the premises to us for 3-5 years and we will not be affected from the order of the High Court and in case the Lessor losses the matter, then we as Lessee are provided atleast six months time for alternate arrangements. Can the Lessor seek such kind of an order from the High Court Mumbai through an MA. I request any expert to kindly reply urgently please
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Dvelopement agrement
We had a ancestors land. My Dad and uncle transfered it by means of registerd Development agreement and POA. We the childrens signatures were not considered in agreement & POA, also one of my brother was minor during that time.
Can we challenge the agreement in the court and get it cancelled??
Please help