Rajath Chandran
23 August 2009 at 21:56
Dear Experts,
Thanking you for your clarification on my earlier query on parking area for apartments.
Further to this, I need your advice on the following scenario:
I had purchased the 2nd floor of a two storied residential building in 2007 and had rented it out.
The 1st Floor of the building was bought and occupied by another person in 2008 and the ground floor is occupied by the original builder.
The builder had sold off the 1st and 2nd floors in 1998 and in 2003.
The building is located on 8 cents with ample space for car parking. The 1st and 2nd floors(we) have 1/5th undivided share each of 8 cents.
There is an pre-existing agreement with the builder/ground floor owner that the common expenses including the water bills shall be shared in a ration of 40:30:30 respectively by the ground floor, 1st and 2nd floors.
The ratio is higher for the ground floor since there is an additional space to the ground floor which has been let out.
The builder has in addition made a temporary construction on the roof of the building, which has been rented out. We ignored this because it didn’t seem worth making an issue when things are otherwise alright.
Things went on fine till recently we received a statement with exceedingly high water tariff and infact for the first time the water bill was attached. Till recently we had been paying whatever the amount the builder showed in the statement.
On verification, we found that the water facility in our building was being shared with the new building constructed adjacent to us by the builder without our knowledge.
In total we (2 households) were expected to pay 60% of the total water bill for the water used by 10 odd households occupying both the buildings.
Similarly we found that even the septic tank and the sewage facilities of our building was being shared with the other building.
On our mentioning this to the builder, he remarked that we had no right to question his right to do what he wanted since there was already an agreement with the first buyers which we have to follow strictly that included the water expenses too. Which is no way logical since the agreement pertained only to our building.
Out of spite, the builder has demarcated the car parking area in our building as exclusive to him stating that he has not sold the parking area to us. Which again is not convincing since we already hold 2/5th of the undivided share for the 2 floors. Of course, the builder still has the 3/5th undivided share with him.
Though we are not sure if that legally entitles him to take such unilateral decisions himself. Please clarify.
Again the water connection is in the builder’s name for this building. Does that give him the right to use the same for the new building constructed by him ?.
Please also clarify if we are entitled to compensation for all the water bills paid to him for the period from which the new building was constructed. Of course the he has only given us statements not bills and no receipts for the payments given to him.
Also the tenants of the temporary construction in addition to using the water supply paid by us and also using the passage of our building, which we feel, is a threat to the security of the legal occupiers of the building. Is it legally in our favour if we protest about this.
We do not want to share the water and septic tank/sewage facilities with the other building and would need to have rights to car parking of the 1st and 2nd floors. Please clarify if our requirements carry sufficient merit so as to take it up legally in case the arrogant builder/ground floor owner refuses to change his stance.
Dear experts, please advice.
Thanks is advance,
Rajath Chandran
99464 45067
rajathchandran@gmail.com
Gaurav Nanda
23 August 2009 at 21:08
I am a student and i bought a new accomodation fo myself on rent......The landlord is putting stress on two things.........1. security equal to one month rent......2. a written agreement
Can u please throw some light that what precautions i should take in signing of agreement as later i don't want to have any trouble? I mean it should be what kind of stamp paper......other technicalities..etc.etc...... Any other advice on this most welcomed.
Manoj Joshi
23 August 2009 at 20:43
Dear Sirs,
I wish to form a trust in new delhi. I want to know as to what is the rate of stamp duty in case of trust of movable/immovable property where such movable or immovable property is transferred to the trustee without money consideration.
Kindly help me in this regard, it is very urgent.
Thanks and Regards
Manoj Joshi
AMIT TANEJA
23 August 2009 at 20:09
when THE DELHI JUDICIARY EXAMS CONDUCTED
WTS THE ELIGIBLITY
WHEN CONDUCTED
SYLLABUS
HOW TO PREPARE THE EXAMS
AND TO SUCCESSFULLY CLEAR THEM
Arun Krishnan
23 August 2009 at 19:42
How far can video conferencing be regarded as evidence before courts?
A Truthseeker
23 August 2009 at 19:35
what are the stages from lodging of FIR to framing of charge before court of sessions.
nitmuk
23 August 2009 at 19:28
Sir,
Arrest warrant has been issued against me under section 498a. I dint show up in the court since I am working in USA. Now I have been declared as proclaimed offender.
>> What should I do now?
>> Is it safe to continue staying in USA?
>> Would the Indian emabassy in USA impound my paasport?
>> My wife knows that I am in USA . What all she can do to get me back to India and screw my career, since this is what she wants, to ruin my career.
Member (Account Deleted)
23 August 2009 at 19:07
Who are those relatives on behalf of whom an advocate can not plead?
Where I will get the actual provision relating to this?
sudhir shobha
23 August 2009 at 18:33
i had paid for parking slot in the stilt of building to the builer, before formation of co-op hsg soc so now am i eligable for parking slot
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
PWDVA
In case u/s 12 of PWDVA there are three accused. the Husband his sister and sister's husband.
Under what section an application for exemption from personal appearence shall be filed and before which court? The Ld. 1ST CLASS JM where the case is pending or CJM ?