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Anonymous   16 March 2021 at 01:42

Leakage from private terrace

My flat is below a private terrace, a few years ago I got it repaired at my cost as the flat owner refused to give permission if they had to pay. However the problem has not been solved. According to byelaws 159(a) repairs of (ix) terrace and parapet wall (xxiv) all leakages of water including leakages due to rainwater (xxvii) the damaged ceiling including plaster there on in the top floor flats, on account of leakage through the rain water through the terrace.

As there is no clarity in the byelaws whether this includes private terraces or just common in terraces, could you please let me know if this would apply to private terraces also.

If it is the responsibility of the owner of the terrace flat to pay for the repairs and they refuse to give permission to carry out the repairs when building repairs are going on because they don’t want to pay for the repairs, what are the options available to us to get the repairs done?

Thank you in advance for your replies.

RAJESH CHOPRA   15 March 2021 at 22:33

Recovery certificate issued by rera not honoured for 2 years

Dear Sir,

I had purchased an office space in 2012 from a Builder . After builder failing to start construction and give the possession I filed a case in RERA UP and the orders were passed in my favour. The builder failed to pay me the money after which I filed for RC issuance . On 21st Jan 2019 UP RERA office issued RC ( Recovery Certificate ) to District Magistrate office of Gautam Budh Nagar. It's been 2 years the RC has not been honoured. My question is
1. What is the recourse for me to get the RC executed.
2. If RC does not get honoured then do I loose my right over my allotted unit as I hear that RERA has cancelled that project from earlier builder and likely to find another builder to complete the project .

Please advise .

Thanks

Zahir Ahmad   15 March 2021 at 19:00

Resignation from the post of president including all members

Respected Experts,

The AOA was registered without election in my society. After 5 months, all residents are putting pressure for election to electe new team. Now what is happened, first AOA team including President has put their resignation.

Is their resignation valid ? they are not taking responsibility to conduct election. who has authority to conduct the election for new team ? Please suggest.. what should we do ?

Anonymous   15 March 2021 at 18:49

Documents required for buying agricultural land in telangana

Can any expert (Property Lawyer) help me with documents required for buying agricultural land in Telangana?
I'm also looking for some property lawyer preferably from Hyderabad for consulting in this regard..

Anonymous   15 March 2021 at 16:59

Nomination rights

Me and my husband were joint owners of the flat, my husband suddenly died, His share of 50% he has nominated me and my 3 daughters. Can the society transfer the 50% in my name or my daughters also become the share holders and associate members. How to go about it

Anonymous   15 March 2021 at 16:51

Redevelopment of pagdi building

We are staying in 60+ years old dilapidated building under Pagadi in Mumbai suburbs. We are not sure whether the existing Landlord is officially on papers. He is niether providing proper rent receipts nor his name is on Property card. Though we came to know that the original Landlord have sold the property to 3 partners. The existing landlord is one of the partner. Other two invisible.

Present landlord never took any initiative to repair or redevelop the building which is under bad condition now.

The location of our plot is such that it is under airport zone and half plot will go under road widening as per new DP.

I understand that tenants have no rights for redevelopment and needs NOC from Landlord. Under the above mentioned circumstances what tenants can do to initiate redevelopment?

Whether forming welfare association is useful?

Whether we can go in Court after forming the welfare association?

Whether MHADA can play any role?

Thanks in advance

PRASHANT ACHARYA   15 March 2021 at 16:22

Gift of immovable property

Can a immovable property owned by partnership firm gifted to Private limited Company????

Anonymous   15 March 2021 at 13:29

Status quo

We are owner of shop at ground floor and first floor is owned by other party. While we tried repairing ceiling of our shop, the owner of first floor objected and got status quo for our shop showing that we are damaging his lenter. We appeared in session court as respondent and judge gave decision in our favour to repair in the manner that no damage is caused to first floor. Then Amin would be appointed to do inspection. Now my query is that though our repairing work is completed and amin is yet to visit so in our next hearing can they apply for stay order in district court? What can be their plea? When will we be able to open the shop?

Member (Account Deleted)   15 March 2021 at 11:25

Issue

Can you suggest case laws related to this issue of the fact

Anonymous   15 March 2021 at 08:56

Gift by nri son to his mother by way transfer of property

My son and me own a flat in Chennai which we bought in 2006. In 2013 we executed a conditional deed of settlement where the property will be managed by me (father), collect all rent and pay all taxes including income tax on rent until my demise and thereafter my rights will be transferred to my wife(mother) till her death. Only after the demise of both of us, the property will be inherited by my son. This settlement deed is registered.

Now my son wanted to gift his share in the property to his mother and relinquish all his rights over the property and allow his parents to rent/sell or enjoy and do whatever they want. They can even bequeath this property to any one of their choice or create a will as they like.

What is the procedure for doing this.

Thanks
D M Chinnappan