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Sandip Chikhalikar   14 February 2023 at 11:58

Splitting of amalgamated flat during society redevelopment.

Me and Elder brother brought the Amalgamated residential property admeasuring 820 sq. ft. jointly (ownership 50% each) in 2004. The said residential flat was amalgamated by Society in past (Before Yr. 1990) by merging two adjacent flats admeasuring 410 Sq. ft. each without any change in Building structural plan. The Amalgamated large flat was issued a single Share certificate with 10 share's (5 share's from each 2 flats). Our Amalgamated flat is located on 3rd floor in A wing, whereas in same A wing there exist two separate 410 Sq. Ft flats on ground floor as per Society records. Further the Amalgamated flat has two separate entry doors and Staircases. Even the Electricity meter are separate.

In our registered purchase agreement dated 2014, the Amalgamated flat is shown as Single unit by Society.
Further Society consider it as Single flat and not ready to give us NOC despite multiple follow ups.

Recently our society has gone up for redevelopment and we approached the Builder to be appointed by Society, He informed the Society Secretary to provide Society NOC and Separate Share Certificate to divide the redevelopment benefit of 820 Sq. Ft. flat in two equal small flats.

Since society is not ready to support on flat bifurcation, kindly guide us the legal procedure or any suitable process which we can adopt during redevelopment wherein Society NOC would not be mandatory.

Anonymous   13 February 2023 at 20:17

Society not giving noc to bank for mortgage the flat

I have submitted all document including sale deed, share certificate from society to bank for mortgage my flat. Bank already disbursed the loan amount and EMI also debited from my account. Now the bank asking NOC from society in bank format for mortgage my flat. Society totally refused to give NOC to bank. Than what should I do?

Anonymous   08 February 2023 at 03:37

Child custody of my son

I have filed a case for full costody of my son against my husband under section 25 of Wards act.
My husband did not appear in court & want to hide my son.
Court fix next date for ex-party order.
From some authentic source I came to know my husband will not appear on next date.
What order may be passed in ex-party order ?
How can I execute for getting my son back to me ?

Anonymous   06 February 2023 at 22:11

Dasti summon

अगर वादी दस्ती आर्डर प्रतीवादी को नहीं देने जाता है तो क्या होता है
और भेजनें का कोई दूसरा उपाय? ( ना घरवाले जा सकते है ना वकील त्यार है जाने के लिए )

JEGADEESAN   06 February 2023 at 18:20

Registration of decree reg

Sir,
I would like to clarify some doubts regarding the registration of Decree
i.e. My relative (Sridhar) has filed against the Partition deed executed by his half -Brothers without allotted his shares. Hence He Filed suit at City Civil Court to cancel the Partition deed and claimed his shares but the case was dismissed Hence he Filed Appeal Suit at High Court and the High Court judgement as follows
That the Judgement and Decree of the Learned Addl CC Court is and hereby set aside and
partition Deed executed by the defendants null and void
Now what Sridharan has to do ? Whether Partition Suit has to be filed with High Court or City Civil Court ?
Further immediately should he inform to Sub Registrar to do not initiate any subsequent registration based on the partition deed already executed ?
What is the time limit to proceed further steps ?
Since his Lawyer bargaining/dealing with the opponent party also , he could not properly communicated anything to Sridharan . That is why I wish to clarify the above

Anonymous   06 February 2023 at 14:04

Regarding shortfall after auctioned gold

My father had taken gold loan 2 years back. Due to financial crisis he could not repay it and gold was auctioned in Nov 22.There is shortfall of 46k after selling the gold and I received a notice(in father's name)on 20th Jan 2023, to repay the shortfall.
Last year in october my father died. Am i liable to pay the shortfall? I myself am going through tough financial time.

Anonymous   02 February 2023 at 21:10

Fraud case

I had paid house lease amount to agency who absconded now got arrested. Public case is going on but I reached out to 2 layers in private who can help me get my money fast but either one of them are responding after paying them initial amount.
Really disappointed in and started losing trust on lawyers and Law.

Anonymous   27 January 2023 at 22:12

Purchased of a disputed property

Dear sir,
I want to purchase a property in 20% of actual price from its owner. The property has following problems :
1) A person is residing in that property who is bonafide occupier as declared by court.
2) Owner cannot even enter in that property due to existing court order.
3) Owner have no liability after sale.
Can I purchase the property ?

chandrabhanu   27 January 2023 at 14:44

Sec 50 of indian evidence act

Dear Sirs.
We have filed a suit for title & possession. The property belongs to ancestral. A person saying that he is my father's sister's son & sold the property. But in reality my father's sister have no issues (She herself does not mention anything in her written statement in her partition case) also the person sold the property is no where appears in our case and do not have any proof of existence like voter id, birth certificate, ration card etc. In this scenario Judge is asking to get the opinion of family. But even in family also no other person lives apart from us (Petitioners).

In this context, This is to get the clarity that proving of the non-existence person (Son) u/s 50 of Evidence Act is it mandatory / how much it is important to be proved by us (Petitioners) / Whether burden is on the purchaser to prove that the non existence person is existed through some record.

Sec50 of Evidence Act Illustration 2. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Santilata Singh, AIR 1999 Ori 61
Kindly clarify

Answer Seeker   27 January 2023 at 11:09

Forcible dispossession of non-owner from commercial premise

Just want to know if someone does not have ownership of a commercial place and has taken over it forcefully from the owner, rented it out and earning out of it and then files plea in civil court to not be forcibly dispossessed from that place

Is this allowed ? Place is being used commercial not for self stay by the person and thus wondering if the person can get away even when not owner and no paper - that just because the person is running business peacefully that he should not be forcibly dispossessed from the place ?


Place - Mumbai