vaibhav negi
02 October 2009 at 07:54
Recently i have made an agreement and payed 2.5 lakh ruppes as bayana to the property dealer, and have taken a two months time for final payment. for 20 x40 size plot. he said that this area comes into R3 land, Also he made pressure that the property that i am buying is going to be price higher than that amount i am giving. Also he is not a real land owner he has an agreement with the original land owner in which he have to pay the toal cost of land in three months, during this time the poperty dealer is searching for the buyers in the market.but after made payment of 2.5 lakh, next day i know with some other resources that the land that i am buying not comes in the R3 land but it is described as a 'park' in land usage in MDDA master plan. what i do? is there any method to refund the bayana of 2.5 lakh. could i case a file? or any illegal method because i can do anything for it.
davinder
02 October 2009 at 06:39
i am charged by electricity department, but i have no knowledge of technically what to do, therefore i appoint a technical special representative to proceed behalf of me and give power attorny to do all the things behalf of me, but the officer of that department disallow my representative to talk and make pressure on me to come & talk,but i am not able to do so.therefore i want to know that what action should i take on that officer
Ravi
02 October 2009 at 02:33
I am an IAF officer. In 2001 I had constructed a 1200 sqft house through a builder. Last year I got the house renovated and extended to 1900 sqft through the same builder. There was no official contract, only goodwill and trust in doing the job. Though he had promised completion of job in 6 months he took almost an year to complete the job. Within a month of my shifting into the house, the walls developed cracks due to poor quality of plastering material, there was heavy seepage in all the rooms and the tiles (vitrified) started cracking and sinking). On top of that he presented me a very overinflated bill for the work. To give an example, a cost of tiling was charged as Rs 30 per sq feet, in spite of the fact that I had purchased the tiles myself. The market cost for tiling is 5-8 Rs depending on place. In spite of my bringing these to his notice, he has neither changed the bill, noe corrected the flaws in the construction. Is there any organisation or agency which can help me to assess the damage done to my house due to faulty construction and also be able to assess the correct cost of work done?? What are the legal options??
yeteendra naidu
02 October 2009 at 01:25
author : yeteendra naidu
Posted On
27 September 2009
my cousin brother is an NRI in DUBAI from the past 27 years.he bought a plot in a co-op society with his own EARNINGS/ money, from his brother-in-law
but registered it on his wife's name in the year 1992. since 2002 she is staying with her daughters who are studying & staying alone in USA. recently we came to know that she has sold the plot without the consent of her husband.
at the time of purchase she was on a dependent visa and a housewife.our enquiries revealed that a builder has purchased and entered into a registered agreement of sale and as of now there is no sale deed is registered.
will the husband get back his property
by going to a court or is it that the property since registered in her name she gains a right to sell. please suggest a way out to claim the lost property by the
person who paid for the transaction and has got written and documentary evidence to prove the transaction/purchase.
is there any option or way to recover his
property sold clandestinely by legal procedure or not. moreover she has emptied the locker which was in joint names and taken away all the jewelry, procious stones and
other valuables along with the documents of the plot.
Abdul Aziz
02 October 2009 at 00:21
Hello Sir,
Please suggest me on below issue.
Below is the written complaints given to Managing Committee.
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Sir,
This is to inform you, I and my family staying at Flat #, Bldg # are facing water leakage problem since last one and half year, from the above said residence and informed the same to the resident owner however the owner doesn’t co-operate and adamant that I should bear the cost on my own to fix the leakage even if the leakage is confirmed from his residence.
His Water tank over flow pipe is located at the entrance of his kitchen which when left open to overflow for sometime, the excess water that’s gets accumulated at his bathroom floor start dripping continuously. In the past and even now when the owner and his family are out on vacation the leakage happens continuous due to the overflow pipe location and his vulnerable bathroom flooring. I again affirm that the leakage is from above flat which I can prove during the NMMC Water timing, if unproved, I will bear the entire leakage fixing cost at my own.
Although in the past the owner refused to bear or share the expense which I incurred twice to cement the gap of his bathrooms vulnerable flooring tiles and once with the owner consent decided to retile his bathroom floor, however the next day he refused to allow us to carry out the work when I had the material and labor in place and b’coz of which I incurred the loss and the leakage still exist. The owner has become habitual to not incur the expense even though the leakage is from his residence.
A similar incident happened in the past where leakage was occurring from water pipe of my residence to Flat # and the society made the decision that the leakage should be fixed at my cost since the leakage is from my residence, however after showing them the leakage source the society accepted and fixed the leakage at society cost since the leakage was from external water pipe. Hope similar decision will be followed when the issue will be confirmed.
Request for your kind co-operation to assist me to get the leakage issue resolved amicably from the owner of the residence at his cost and also reply me in writing about the society's stand on this issue in a week time or at the earliest.
Thanking You,
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Below is the reply from the Managing Committee.
We refer to your letter dated ***
Your allegation of water leakage alone from flat # doesn't hold good as the same was inspected and found that flat # wall is also damp and is in bad condition.
The contention of your letter was deliberated and discussed by the committee on date *** and are of the opinion.
It is well settled principal and practise that all interior works within the flat are being carried out by the respective individuals. Society will be able to bear expenses of exterior of the building and common areas depending upon the need and urgency considering the availability of funds.
Hope the matter is clarified.
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In consideration with above reply from managing committe i have replied to them with another written letter saying i can prove the leakage is from above residence failing to do so i'll bear the entire cost of repair to fix the leakage.
The Managing Committee didn't inspect at my place before giving the above written reply. Also the reply is written by the defendant and signed by Managing committee.
-----------------------------------------
Please help me to understand the law of the above concern. Ours is Apartments Owners Association registerd in Thane district. The governing body is CIDCO and Corporation is NMMC.
Thanks for your valuable time and appreciate your suggestion on the above issue.
Member (Account Deleted)
01 October 2009 at 23:23
Lapse of time. Can buyer get money back?
To purchase a building part of amount was paid 7 years ago. Buyer is residing in abroad. Seller signed on stamp paper and received advance amount towards sale. A date (3 months from the date of agreement) was mentioned in the sale deed. If the amount is not paid it will be forfeited. Buyer unable to pay in time. Buyer came to India and sent a legal notice to the seller that the seller didn’t provide all documents. In reply seller sent paper and asked him to pay amount and register the building. In the mean time buyer went to abroad. After a gap 7 years buyer came to India... Now he wants to purchase that building as per the first agreement or return of paid amount with interest. Now the seller made an agreement with some body to sell his building.
Is there any chance to get his paid amount as an advance? If chance is there under what rule he can file a suit?
Please clarify.
Satyendra Kumar Pandey
01 October 2009 at 21:44
If any one registered his document of Agreement to sale with possession on the stamp duty paid on the basis of consideration paid at the time of agreement then whether registering authority can impose an deficiency of stamp duty as the agreed sale consideration is more than the paid one, and the stamp paid is not on the complete sale consideration?
if the same is liable then why the document is not treated as sale deed on fulfill the deficiency of stamp duty livable?
whether it is not against the rule of double jeopardy?
Satyendra Kumar Pandey
01 October 2009 at 21:22
whether a case of Section 13 Hindu Marriage Act be decided on accepting total petition of applicant, as Section 13-B of Hindu Marriage Act?
muthukumar
01 October 2009 at 20:56
Sirs,
A property is purchased by Mr.X in the year 2006 and now he is able to build a house in it. But, some third parties told him that the property is taken by the Government for construction play ground.
my question is that
1) if a land is taken by the govt., it is necessary to intimate the landlord or not ?
2) What are the procedures taken by the Govt. while it has been taken a land for making a play ground.
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cancellation of sale deed
'A' executed a sale deed to 'B' without title. Title to the property is with 'C'. Whether 'C' can execute and register a cancellation of sale deed in regiterar office? please guide