Anonymous
20 March 2010 at 22:06
What is the recourse available to the member of the Registered Society against the Builder who have collected society registration charges from each flat members but did not register the society and the members had to do it themselves. Also the builder has not executed the Conveyance Deed in the name of the Flat Owners which he is bound to do upon the registration of the society. Can I file a criminal complaint against the Builder for contravening the provisions of Sec. 10 & 11 of the Mah. Ownership of Flat Act? Can someone provide me with the sketch draft of such complaint urgently to be filed in the Court???
SATISH KUMAR
20 March 2010 at 20:20
Respected Sir,
I express my gratitude to you and the site for extending invaluable legal service to the needy people/litigants. We are three brothers and three sisters. My father died in 1996 and mother in 2006.My eldest sister filed suit for partition in 1999. The suit has now reached the stage of final decision. Today the ADJ asked me and the plaintiff's counsel to submit latest rulings on the point ..."how old cases are to be dealt with after the introduction of the HSA Amendment Act,2005 ?" That is - which law will be applicable i.e. the old one or the Amendment 2005?
Kindly suggest me some latest case laws on this point at your earliest convenience as the next date of hearing is 27-03-2010 and it will take me some time to cull it out from Law Library.
Reagrds,
Your's,
Satish Kumar
pankaj
20 March 2010 at 17:53
My grandfather aqcuired one property. He had four sons and one daughter. One of his sons (my uncle)expired sometime ago. Also his daughter(my aunt) and his husband also expired leaving one son behind. My Grandfather had a lot of attachment to My aunt's son, so he sold a part of the property and gave the money to aunt's son to purchase a seperate flat. My grandfather also didn't leave any will and both my grandfather and grandmother have expired.
Now The three brothers including my father want to sell the remaining part of the property and distribute the share among them.
But my aunt's son is again asking for a share.
Does he has any lawful right to the property.
Please advice.thanks in advance
Heaven 2011
20 March 2010 at 13:13
Dear all,
In a sale agreement if any condition contained that the buyer shall be responsible for complying with all the registration formalities and payment of stamp duties etc and have to pay the balance amount (difference between earnest money and total sale price) within three months and if the buyer fails to perform and to pay the balance then the agreement shall be cancelled, would it be a valid clause? And if it is contained in the said agreement that so long all the formalities as aforesaid is completed the sale should not be an absolute one would it also be valid term. If the buyer fails then would it act under doctrine of part performance Under section 53A of the Transfer of Property Act? And in such circumstance should the the buyer or the seller who shall have the optimum right over the property?
Dinkar Vidyarthi
20 March 2010 at 09:51
Sir,
As we know that the basic language of any draft regarding to any property in which right of use upto the fixed time is transferred against some consideration is fall under the head/ Title as DEED(Rent OR Lease)but what is the actual and fine difference between the term RENT DEED and LEASE DEED?
Anonymous
20 March 2010 at 01:44
* What's the difference between "Lease" and "Leave & License" in case of 11 months period?
* Is "Leave & License" still applicable in NCR region (though I never heard of it till recently)?
* Which one an owner should go for so as to keep all the rights to evict a tenant (at will)?
* I want to rent out for fixed term of 11 months with no renewal clause in the "contract". This is to make sure that the tenant can't claim to continue to live in the premises and has to leave after the expiry of "contract".
Aditya R khandelwal
19 March 2010 at 22:31
I had Purchased a Land 5 years back On the Basis oF FULL AGREEMENT ND POWER OF ATTORNEY ND REGISTERED WILL.
NOW I WANT TO MAKE THE REGISTRY OF THE LAND IN FAVOUR OF MY WIFE.
THE PREVIOUS OWNER IS STILL ALIVE.
ON THE LAND THERE IS CONSTRUCTION OF A HOUSE.WITH UNDERGROUND FLOOR AND TWO FLOOR, THE LAND IS NEAR BY 3000 Square Feet in Covered Area. THE PRESENT VALUATION OF LAND IS NEAR BY 50 LAKHS (ACCORDING TO GOVERNMENT DLC RATE)
DO I NEED TO PAY THE "CONSTRUCTION" COST REGISTRY ALSO?
OR I NEED TO PAY THE ONLY THE LAND VALUE REGISRTY COST?
IT IS IN RAJASTHAN.
Anonymous
19 March 2010 at 22:25
1) Indian Christian person had self acquired property in a village in Thane District, Maharashtra.
2) Person died intestate in 1965.
3) Person had two children ChildA and ChildB and both of them also died intestate in 1975 and 1990.
4) ChildA had two children GrandchildA1 and GrandchildA2.
5) ChildB had two children GrandchildB1 and GrandchildB2.
6)GrandchildA1, GrandchildA2, GranndchildB1 and GrandchildB2 are all Christian and alive today.
7) Two years back, Grandchild A1 came to know that Grandfather had 10 gunthas of property worth 15 lakhs in a village in Thane District, Maharashtra.
8) The other grandchildren were not aware of the existence of this plot.
9) GrandchildA1 sold this property to a buyer for 15 lakhs without the knowledge of the other three grandchildren.
10) The other grandchildren have now come to know of this fraudulent Sale after two years.
11) Only one GrandchildB1 wants to lodge FIR and file suit. The other two Grandchildren A2 and B2 dont want to do anything.
My queries -
1) What documents are required by Grandchild B1 to lodge FIR police complaint against Grandchild A1, buyer and the witnesses.
2) Is this a Civil or Criminal Complaint and under what Section should the FIR be lodged?
3)What documents required by Grandchild B1 to file suit in Civil Court? B1 knows only Survey no. of the plot right now.
4) What is the Law of Limitation to file FIR and file suit? Is it three years or twelve years?
Thanks to everybody in advance.
Anonymous
19 March 2010 at 21:39
Hi,
Mine is a very difficult situation. I have a commerical property (factory) of 1100sq yrds. My grand mother owns the entire property. There is a tenant on ground floor who has occupied 80% of the property. He gave money (around 11 Lacs) to my father (5-6 lacs) & Grand Mother(5-6 lacs) and bought a small portion of the property (130 sq yrds). The aggreement to sell is registered from the last 4 years and few other documents are also signed and registered. The orignal conveyance deed shows that sub-division is not allowed and as he has got great wealth & connections the tenant says that no one can take away this property from him. The money (11 lacs) was taken due to financial problems in the family. However the sale was a bit forced from my father. Now I can pay him some money back if the law allows me to take the property back from him. But I do not know if anything can be done to take the property back or not. Please suggest if I could file a litigation or any case against him. Also I am worried that if I file case against him then he will stop paying the rent. Please suggest if there is any provision which could save me. Also suggest the approximate amount and time it will take to fight the case. (If possible)
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non-delivery of project and no refund by a builder/Developer
I booked 3 plots in two projects of a builder/developer in NCR region.
Builder/developer did not get the land from authorities/government. So the projects could not take off at all.
Builder/developer did not refund the money initially. Later cheques were issued which bounced. So far no complaint has been filed and I am trying verbally to get the money. But no progress.
* What's the quickest course of action to get the refund?
* Should I file case in consumer court or criminal court or both or any other court? Which one is quickest?
* DO I need to file complaint with police first?
* What's the process in general for such matters?