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SSK_2019_DEV   23 February 2021 at 12:28

Redevelopment encroachment issue

Our building is a 40 years old in Mumbai suburbs, on the ground floor we have a restaurant since last 15 years. They have encroached the open area (~900 sq Ft) of the building and enclosed it as part of their restaurant. Now we are planning to go in for redevelopment but the restaurant owner is claiming the open area also to be considered as his carpet area and get the benefits of redevelopment. His contentions for this are he claims
1. 15 years back he says he had given some money to the society for this area, society does not have any records of this transaction.
2. He is paying maintenance to the society for the whole area
3. He is paying property tax to BMC for the whole area
There is no papers backing that the open area was bought by him, his registration papers also mention only the part that was sold to him not the open area.
Our contention is that
1. Even if he had paid the money to the society, it was just to keep the members from complaining to police/bmc as earlier it was a ladies bar.
2. Society cannot sell off open area to anyone as it is open to sky
3. Paying maintenance or property tax does not mean that he owns the area
4. He had given an undertaking earlier to society that he was using the open area and would not claim it in future

Now he has created a divide between members of the society to get his area, as our building is very old nearing 40years we need to go in for redevelopment. There are couple of members who are with him say that we the members pitch in from our share of area and give it to him and get the redevelopment done, which another set of members don't agree.
What could be a good approach here, should we go in for legal options here? Incase we go in for legal options how much time would it take for the case?

Anonymous   22 February 2021 at 21:55

Ground floor flat expansion in unregistered society

I have made changes in ground floor flat with expansion of rear wall by 4feet without taking permission of local administraton /other members. as no society is, firmed even after 28 yrs. Can I regularise additional construction done without touching pillars /beams? by paying penalty to corporation?

Sandip   22 February 2021 at 16:51

Gratuity recovery is not being done since 2 and half year

Respected Experts,

I had worked in my previous company for 7 years and left before 2 and half year, filed case and won, order passed in my favor before 2 and half year approx, and I am still waiting for recovery certificate from Labor Commissioner office, Ahmedabad (Shram Bhavan, Khanpur, Ahmedabad). Don't have any clue why they are delaying it intentionally or unintentionally since whenever I go there for followup their concerned person may be clear kept saying for further a week or 10 days or so but never proceeded. Even I had followed up with assistant labor commissioner but no luck.

Please let me know what should I do to get my gratuity without any further delay.

Thanks.

Anonymous   22 February 2021 at 15:45

Installation of cctv in office premises.

To
The respected experts
Recently one of my friend/colleague who is a Company Secretary of a Company(A state Govt Co) inform me that their present MD (Managing Director) installed CCTV in the entire office. Once when he visit to his MD in his cabin for some official purpose he found that the MD watching the movements of his employees through TV screen.
My friend told me that installation of CCTV in office premises is although not illegal and for security reason it is become necessary , but discovering the fact that MD of a Company(Who is the administrative head) constantly watching movement of every employees of the Company, annoyed him very much.
I personally also feel to some extent it is crossed the limit of modesty.
Your view is also welcome .
Regards
Abhijit Majumder

Anbu V   22 February 2021 at 14:42

Os

IA / EA Pending / CMP Pending / CRP Pending / CMA Pending. Pls explain this type of case

Anbu V   22 February 2021 at 14:34

Suitsvaluationact- 27

Below the sentence pls explain IA 1/19 is pending call on 04.03.2021 IA 1/19 Respondent side enquiry L/c (NFA) call on 04.03.2021

Anonymous   21 February 2021 at 22:38

Sarfaesi act - regularisation after possession

Hello,

I have a mortgage Home loan with NBFC for 1 Crore. I have been issued notice to serve interest, however, I could not do the same. Now, on the day of physical possession ( before they came to take possession ) i paid the full interest outstanding of 18 lacs plus extra 2 lacs. However, they confiscated the property claiming they have the court order to take possession unless i pay the entire outstanding so, I need to repay the balance 80 lacs to avoid possession which i could not. And they got a written letter from me stating I must repay the balance 80 lacs within 30 days to avoid sale of property.
I have a question - Now that I have served interest, my account should be regular now. Can I file a case to take over my property?

Tom   21 February 2021 at 22:01

Pan card

Respected Experts,

We are an charitable & welfare Association (AOP) and got a PAN card issued last year. This year we registered our AOP as an 1860 Society. Do we have to apply for a new PAN card because of this Status change pl ?
Secondly while retaining the 1st PAN, can we apply for the 2nd PAN and return the 1st PAN soon after receiving the 2nd one ?

Thks,Tom

Anonymous   21 February 2021 at 20:23

Typo error in my tamil name in encumbrance certificate

Dear Sir/ Madam,
I bought a plot few days ago with no mistake in my name in the sale deed. My name in Tamil is விக்னேஷ் and it is given correctly in sale deed. Whereas when I downloaded the EC, I found that my name is given as விக்னேஸ்.
Will this be an issue in the future ? Could you please let me know how should I correct it. My document writer said me it's not an issue and no need for correction. Since he is a friend of my friend , I don't want to get into arguments.
Is there any other way through which I can correct it ? I got to know from this site that someone got a same kind of issue and sent a mail and the name got changed automatically. But I didn't get the mail details to whom I need to send.
Any solution would be highly appreciated.. thanks

Anonymous   21 February 2021 at 19:50

Maintenance not paid by land owner of the building

Our building is in Thane. It is a 12 years old legal property with CC And OC received. However, one of our tenant was the land owner of that building where the building stands and he had some dispute with the builder on payment terms at the time of development because of which he is not paying maintenance since last 12 years. We have register the society and all the tenants are paying maintenance. However this land owner has 4 to 5 flats in the building because of which it is affecting our recovery of regular maintenance. How can we approach legally with immediate resolution to recover the maintenance from this owner. We will be applying for conveyance deed in few months to avoid future inconveniences due to natural calamities.