S.R.Arunachalam
19 October 2018 at 18:15
Dear Sir/Madam,
We Purchased unapproved Plot 1800 sqft in Sivagangai in 2015 from a real estate company, (our Plot in a layout which consists of totally 10 plots). We have given full money for that Plot (we have evidence for the paid money) except only registration was pending. While Buying, the owner promised that before registration, he would get approval for Plots. Due to some family issues we didn't register while all other 9 plots buyers have been registered in 2015 subsequently. The owner did not get approval for any of the plots as he promised. We are the only plot was not registered and while we approach for registration, by the time, the court put stay order for registration of unapproved plots. Currently, The government issued G.O which allows the unapproved layouts and plots to get registered after getting approval of the layout/Plot. To get approval for the layout, as per law, 10% of the total area of layout to be allocated for OSR (Open Space Reservation) whereas to get approval for the individual plot, there is no need to allocate 10% OSR (but Previously OSR to be paid as money to get approval for individual plot which has been removed as per the G.O. amendment), but now only Regularisation charges & Development charges to get approval for individual plot. Since all other 9 Plots in the layout has been registered before the stay order, it would be considered as individual plot (no need to allocate 10% of OSR area) whereas only our plot is not registered, the officials strictly told that 10% of our Plot area (180 sqft) to be allocated as OSR in our Plot to get approval. The owner is expecting us to provide OSR from our side. In this situation, We are ready to accept approval charges, but we are not ready to allocate 10% OSR in our Plot which is actually to be allocated by the owner at the time of approval of layout. Do we have right to claim against the owner that OSR to be allocated himself? Can we claim the money back for OSR area...Now, what we could do? Pls guide me.
JTONPR
19 October 2018 at 14:36
Mr D has filed an application on dated 09.01.2013 on affidevit stating his age as about 41 in which he prayed for substitution of his name as plaintiff in place of his deceased father, the original plaintiff. Application is still pending and substitution is still not allowed (due to technical difficulties regarding A's sister) and after about passage of 6 year he moved an amendment in his first application seeking amending his age to 47. Plz guide in the following-
1) How can age be modified when date of application and affidevit is the same and amendment is not sought in date.
2) Is the date is also amendible.
3) If A moves to amends the date also then will the case be barred by limitation act which imposes 90 days time for moving substitution
JTONPR
19 October 2018 at 14:13
In a suite filed by plaintiff Mr A against respondents X,Y and Z seeking injunction in a matter related to a plot of land, Mr A died before framing of issues leaving behind one Son "S" and one Daughter "D". Within due time S filed an application in the court praying substitution of his name as plaintiff in place of his father's and also praying for addition of his sister D as respondent no.4 claiming in the application that she is not interested in appearing in the court to become plaintiff no. 2. Plz guide in the following -
1) How could D be made respondent as she is the legal heir of the plaintiff.
2) How can S, the proposed plaintiff pray for adding D as respondent in that still he is not substituted as plaintiff.
3) Upto what extent the claim of S that D is not interested in becoming plaintiff is maintainable since she has still not said either Yes or No in the court.
Anonymous
19 October 2018 at 11:35
Hi,
I have completed tenure of 5 yrs as Treasurer in our society which is of 32 flats.
It was in August 2017 when I resigned, also new tresurse nominated for my post, but still on paper no action is taken and still they ask me for cheque signature and docs to be signed as tresurer which I think is not valid after resigning.
Also 2nd query is on memember, say all 3 bodies shd be resigning togather only, and in this case other two bodies ie secartary and chairmen had just comlpeted 3 years, now asking us to be more 2 years as part. I want to take action hence pls reslove its like they are taking lightly and i dont want to continue. pls resolve and give solution as per By laws.
Arjav Mehta
19 October 2018 at 09:34
A lady who stay separate from her husband with her daughter, now husband continuous called him and asked him where you stay and give me the address, i would like to meet you and i want to see you that in which condition you both are stay, A lady already filled HMP 13 against husband and also filled Sec 125 for maintenance.
Husband also complaint in police station that his wife is missing and a lady present in police station and give the statement that she's independently take decision to stay separate without any help.
Husband continuous call him and disturbing on call ,,, please guide in this situation how to handle him
Anonymous
18 October 2018 at 23:22
Hi sir, I was working for a company called Aakash educational services Pvt ltd. Worked for 4months. During time of my job, I have been issues pip, I thought of quitting job because of pip. So I put down my resignation. Communicated everything via mail to reporting manager and hr on mail. No one has intimidated about serving notice period. Submitted laptop, tab, idcard.Got reliving letter also. Now after 8months suddenly company is sending mail to give 1month of salary for not serving notice period. Can someone suggest what needs to be done? Do I have to pay. This is a case of pure harassment as during time of leaving no one has communicated anything.
MD Fasial
18 October 2018 at 15:55
Sir
1.We are Government Civil Work Contractor. We do contracts in UP Housing Board, PWD, UPRNN, SKNN etc.
2. My assessing authority imposing service tax demand on advance received during service tax regime from UP Awas Vikas Parishad against bank guarantee (on same bank guarantee we paid Margin money or Bank charges for the same).
3. Service Tax department making point that 10 Crore which i received as mobilizations against B.G. is advance for my work and UPAVP charged TDS on the same.
4. We are opposing that UPAVP provide mobilization advance against B.G. and deducted from our 10 running bills. So liability under the provision of Point of taxation of service tax will not be charged because we take it as loan and we repaid in 10 running bill in a row.
Please enlighten us on above points
thanks & regards
Advocate
Faisal
7565999957
jatinkumar
18 October 2018 at 12:21
Hello dear experts
My query is, my friend father expired last week, he has prepared will and given all the property to my friend, now my friend is nri he leaves in london. When he saw the will he noticed that the name in the will is his old name ( for going abroad he has changed his name) now as he his nir he have no document pertaining to old name
Now what he can do?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Unauthorised construction in stilt floor & retention of udš
I have booked for a Flat in Mandavelipakkam area in Mylapore, Chennai in Dec 2012 and after construction possession in July 2014. There are 6 Nos approved Flats in Stilt+2 Floors construction which is duly approved by Chennai Corporation. The builder at the fag end of construction of the building, has put up flat of around 500 Sq. Feet unauthorised construction in the Stilt Floor and also has illegally retained 288 Sq. Feet of Undivided share of land (UDS). We 4 of the flat owners, through my fellow owners have approached the Hon'ble High Court of Madars for demolition of the stilt floor unauthorised constructions put up by the builder vide Writ Petition No. 31638 of 2015. The Hon’ble High Court has passed orders directing the Corporation of Chennai to remove the unauthorised constructions in the stilt floor of the building. However, so far action for demolition of the unauthorised construction has not been executed by the authorities concerned. The Court order was issued in NOVEMBER 2015 and we got a copy in February 2016. In the meanwhile I came to know that the builder has appealed to the CMDA Appeals Committee for approval/regularisation of the stilt floor unauthorised construction in the above building in total violation of the Hon’ble High Court order. Accordingly, inspection of the building was carried on 27.08.2015 and I have brought out the detail of Hon’ble High Court order in this regard to the Appeals Committee and CMDA Authorities. Moreover, it was brought to the notice of the Authorities thatCar Park of Flat No. F-2 which is mine, is directly affected because of the stilt floor unauthorised construction as the same is interfering with the drive radius of designated stilt floor Car Park for the flat. It is found that great difficulty is there for parking even small car like ‘EON’ and whereas as the flat owner I wish to park a mid-size car like Honda City. The car park can accommodate large car but because of the drive radius interference by the unauthorised constructions (i.e flat) it is impossible to turn the same. The hearing by the Appeals Committee is scheduled on 23.10.2018 and I have been invited to attend as an objector. In this regard, I request, experts may please clarify the following queries: 1) What is legal course of action I have to take in case the Appeals Committee approves the unauthorised construction in stilt floor? Can we approach the High Court again with Contempt Petition? How the Court will look in to my genuine problem with parking? How legal is an unauthorised construction be approved in Chennai & CMDA rules and regulations? 2) How the illegally retained UDS of 288 Sq Feet by the builder can be recovered by all the 6 owners of approved Flats or can it will got declared by Court as having no rights by the builder? It may be noted that as per the approved plan as on date the builder has reached the permitted FSI of 1.5 for the building already. I heard that a Supreme Court Order in this regard exists and if you can help me with the details of the order it will be helpful? Kindly advise me further in this matter. Regards A.V. Sreenivasa