anand
26 December 2009 at 09:24
Sir,
I am living in Thane,Maharashtra.I had purchased a 1 BHK flat on Ghodbunder Road. The project is to be executed in 2 phases.A 7 story bldg. in which I reside is in First Phase and three 18 story towers in 2nd phase. I had taken the possession on 6-3-08 and paid 18 months maintenance at the rate of Rs.2.25 psf. in advance to builder.The 2nd phase is not yet complete and society is not yet formed by builder.Now the builder has sent a notice for paying next 18 months maintenance charges amounting Rs.35057(Rs.3 psf instead of Rs.2.25 psf as stated in Sale deed Agreement)stating increase in maintenance charges and details of which shall be provided at the time of handover to society.
In the sale Deed and the registry that we have executed, which is totally one sided and has the conditions that the builder is the only arbitrator and what ever decision he takes w.r.t. maintenance will be binding to us. He is the only person to finalise the maintenance and to decide the maintenance charges.
1.Is there any support from the Maharashtra apartment Ownership Act which mentions that the builder should handover the possession to the society though the 2nd phase is not complete.Can we form a society and take over maintenance?
2. What should be my course of action?. Should I pay maintenance at the rate of Rs.2.25 psf as agreed in Sale deed instead of Rs.3 as demanded by the builder till he forms the society and hand over details.If the demand by builder is genuine, I can pay the difference at the time of society formation.But builder is demanding 18%p.a. late charges for any delay.
3. Also builder is charging 2 lacs for open parking and selling it to members without any agreement.Is it legal for him to sell open parking?can I purchase parking after society formation or just pay monthly rent to society.
Please advice.
Anonymous
25 December 2009 at 20:43
Dear Experts of the forum,
A person/ Kowldhar Mr."A", without Title( Neither purchased from the Pattedhar {Owner} nor got any right from Revenue authorities) on the land sells the land to Mr."B" through an Unregistered sale Deed made on Rs.5/- stamp paper in the year in the year 1980.And after expiry ( Death ) of the seller a GPA is taken from his children on a Rs.10/- stamp paper and registered the same with local SRO in the year 1988 by Mr. "B" ,and leases the land to a third party for commercial activity. Is this action of Mr."B" is lawful?
under the above condition can the pattedhar{Owner}, claim his rights against Mr."B"?
The problem pertains to State of A.P.
Thank you ALL in advance.
Anonymous
25 December 2009 at 18:38
I am staying in a house on rent since 1950.
owner has died, without making any will.
Owner has no relatives.WE are related but far relations.
I pay rent in court since last 20/25 years.
Pay all taxes since last 20/25 years. I have done extensive
repairs to keep house in living condition & have spend
lots of money. How can I claim prpoerty.
Anonymous
25 December 2009 at 13:45
i would like to know what is the difference between circle rate and actual rate.
I have allolted a industrial plot in my name in installment after I paid have all the instalment I have contacted to the financial institution to registered this plot in my name as per terms and condition of the allotment letter.
now i would like mentioned here that i have purchased this plot @ 40 lacs but when i contacted to the registrar office to registered this plot in my name they told me you have to pay stamp duty on circle rate which is 1.5 crore ,
please tell me what should I do in that case I will have to pay stamp duly around 15 lac lac which is very high amount and costing me around 40% the cost of the plot.
Thanks me in advance.
Anonymous
25 December 2009 at 13:33
I AM A PARTNER OF ABC WE HAVE PURCHASED A PLOT IN OUR FIRM NAME IN INSTALLMENT FROM FINANCIAL INSTUTUION BUT DUE TO UNAVIODABLE CIRCUMTANCES THE PARTNERSHIP FIRM IS DISSOLEVED AND I HAVE PAID ALL THE AMOUNT TO MY PARTNER TOWARDS THEIR SHARE INVESTMENT IN THE FIRM.
NOW I WOULD LIKE TO TRANSFER THIS PLOT IN MY NAME BECAUSE PARTNERSHIP FIRM IS DISSOLVED.
WHEN I CONTACT TO FINANCIAL INSTITUTION THEY SAID 1ST YOU HAVE TO REGISTERED THIS PLOT IN YOUR PARTNERSHIP FIRM NAME AND THEN GET THIS PLOT TRANSFEERD IN YOUR NAME BUT MY PROBLEM IS HOW I CAN REGISTERED THIS PLOT IN MY FIRM NAME WHEN THE FIRM IS DISSOLVED AND THE PARTNER OF THE FIRM IS NOT IN MY CONTACT.
PLEASE TELL ME WHAT SHOULD I DO.
THANKING YOU IN ADVANCE
Anonymous
24 December 2009 at 15:44
Dear Sir,
Can one of you send the format of surrender Deed?
Regards....Bhushan
satyam
24 December 2009 at 12:52
Can a hindu daughter married in 1997, may seek share from her father’s property’s share got from his father on his death i.e grandfather of the daughter ? In one property, father is residing with his two sons & in second property- one factory is going on.
- How, what ways/ legal provisions/peaceful options when father may deny or not willing to give the share of the daughter ?
- In what type of division/benefit may be got by the daughter when father has other two sons & one daughter excluding me and they are not willing to seek their shares/ dividing the property as they are earning benefits by these properties by rent/business, etc. ?
Nirupam Dewanji
24 December 2009 at 00:07
How much is the limitation period of a loan amount if not paid on the due date. How long a bank initiate a legal action against the borrower
Anonymous
23 December 2009 at 22:52
Are there any amendments or changes on The hindu succession Amendment act 2005
One of my friend informed me that there was one change made Law commission in 2008 on the above said Amendment act.
Is that true?
If yes, what is that?
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What is this Property is called?
Dear Experts,
A property from a widower comes to his Son-in-law{Got married to her ONLY daughter} (Property came to him, Not through any instrument like WILL or Gift etc., but just entering his name in the Revenue records in early 1950's; as not questioned , the title is perfected ? ),and even today his name is carried as a Pattedhar (Owner)in the Revenue records.What is this property is called "ANCESTRAL" or "SELF EARNED(OWNED)".
The person is dead now.He adopted one Male and one Female child.Can his Adopted Daughter ask for a share as she denied share by her Father through a WILL , writes all the property on the name of his Adopted Son?
With regards and Thanking you All in anticipation of an early reply!