Navraj Singh
28 July 2021 at 16:21
We have two adjacent plots. One in name of Guruprit and other in the name of Hanspal. In the plot of Guruprit there are two floors constructed. Ground floor belongs to Guruprit and 1st floor belongs to Hanspal. Now the stairs to the first floor are constructed in the plot of hanspal. Hanspal wants to free his plot and remove the stairs, thus altering the stairs to take it from within his house. This will disallow the ground floor residents to go up to the terrace. Can he do that? We consulted an architect and he said that the house will come down if the staircase is broken as most of the house rests on the stairs. Hanspal is adamant. He wants to proceed. Can be get a stay on this? What can we do to save out house??
Nishi Hetu
28 July 2021 at 15:02
Dear sir/ madam,
Is there any provision to attend meetings by a proxy in co op hsg society in Gujarat?? If yes , on what grounds and how much time a proxy can attend the meetings with a written P.O.A , where a property owner has been advised that not to attend meetings for medical grounds
Anonymous
28 July 2021 at 14:49
Dear sir/ madam,
Is there any provision to attend meetings by a proxy in co op hsg society in Gujarat ??? If yes ,On what grounds a proxy can attend the meetings and how much time, where a property owner has been advised not to attend the for some severe medical grounds???
Anonymous
28 July 2021 at 13:58
If any person not willing to give water pipeline connection from his land then this is legal or illegal??
Anonymous
27 July 2021 at 21:01
Joined a Pvt Ltd company in 2019. Corporate office is in Mumbai.
As per appointment Letter
Location of my Work is Delhi.
Court Jurisdiction is Mumbai.
First 6 months shall be probationary period which can be extended. You will continue to be in probation unless confirmed in writing.
Although, approx 18 months passed no confirmation letter given by the company till date.
Company paying only a part of salary since April 2020. They are also nor issuing salary slips since April 2020
Requested several times to clear my financial dues but no response.
On Resignation , they do not pay any dues and force the employee to give undertaking that there are no dues pending and that the employee will not go for any litigation against them else they will not give reliving letter.
I Want to quit this job but do not want to leave my money also. What legal remedies do i have to ? Pls reply
Anonymous
27 July 2021 at 20:18
Dear experts,
A person has taken loan from his friends and wrote promissory notes for the same.
He passed away recently.
1. Is there a time limit before which lenders should send legal notice to the legal heirs to repay the debts?
2. Is there an expiration date for Promissory notes(assume they are dated 21/08/2020)?
3. What happens if the legal heirs transfer the properties to someone else before the lenders could send the legal notice?
Anonymous
27 July 2021 at 20:14
Request only the Legal Professionals well versed with Maharashtra Co-operative Societies Law to answer in very specific according to the relevant legal provisions. Building A has 30 flats and it goes into redevelopment with Builder B. Builder B builds a new building with 48 flats. He sells 18 flats to new flat purchasers under sale agreements between builder and flat purchasers. MC has a verbal understanding with Builder that he will collect from / ensure payment by new flat purchasers of Rs 25000 towards share transfer chares/fee. Builder accordingly includes the clause in few flat sale agreements and does not include in few agreements. When 18 new flat purchasers approach MC for membership, MC insists that as per understanding with the builder, Rs 25000 must be paid by all. New flat purchasers submit that
1. Their case is the admission case under Bye Law 19 which does not prescribe payment of transfer charges/fee of Rs 25000. Builder is not member and hence it is not case of transfer from builder to new flat purchasers. Bye Law 19 authorises collection of only Rs 100 entrance fee, Rs 500 transfer charges and value of 10 shares. Nothing apart from this can be collected.
2. Transfer Charges Rs 25000 were to be collected under Bye Law 38 ‘Transfer of Shares and Interest in Capital/Property of Society’. Circular no SAGRUYO-2001/PRA.KRA.188/14-SA of 9.8.2009 also states that “The rate of the premium to be charged while transferring flat/gala of the member in the Co-operative housing societies and his share in capital/property of the society should be determined by the general body..” and then lays down maximum limit as Rs 25000 for Municipal Corporation’.
3. That Rs 25000 is to be collected from new flat purchasers was neither approved by general body nor was included in Redevelopment agreement fearing that it would be against law to do so. It was just an instruction by some influential members of MC to the builder.
MC continued to insist that they had verbal understanding with developer to take Rs 25000 as charges and new flat purchasers may fight with builder but must pay Rs 25000 if they wanted membership. Finally new flat purchasers paid Rs 25000 because without membership MC would have rejected their rights and participation in society affairs and they did not want to involve DDR to further complicate the matter. Also, institutions which had given loans were insisting on share certificates. New flat purchasers then placed their case before general body and requested general body to approve refund of the amount collected by MC else membership would not have been conferred. Queries are;
A. Was collection of Rs 25000 from new flat purchasers in violation of regulatory provisions ?
B. Can MC argue that what is legally not permitted for society, it can do through Builder ?
C. Is it within authority of General Body to refund the amount so collected and give relief to new flat purchasers.
Anonymous
27 July 2021 at 16:47
Dear Sir,
As per your suggestion in my last query, in my friend's case where the transfer deed of flat in society is in his fathers name and after his fathers death his mother and he the only heirs , now the society membership is in his mother name now we will execute a gift deed of 50% of mothers shares to her son , but whether this gift deed confer the rights to son to sell this flat in future , does buyer will get absolute title , does buyer objects for this gift deed.
your opinions will help me a lot .
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Selling property to my father against sales consideration
I want to sell my flat to my father against sales consideration (paid by him in full). The sales deed would be stamped and registered accordingly. I have below two queries Query (1) Can I sell the flat to my father and myself (as second name) so, I can handle day to day affair of this flat. My father is 81 plus. Query (2) If I can not add my name, and I sell to my father and my son (minor, represented by his mother means my wife). Can my father make me exclusive heir in this sales deed itself? So, my son (after becoming major), and I can sell the flat when my father is not there. Thank you in advance for your help and guidance.
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