Clarification
dhanu
(Querist) 20 September 2012
This query is : Resolved
Dear Sir,
Date: 13.9.2012
To,
The Secretary,
Chimanlal Vithaldas Chawl Rahivasi Sang,
S.N. Path, Lower Parel,
Mumbai - 400 013,
Sub: Clarification required on owner/ Landlord related documents
We are the Tenants/ Occupants along with the other Tenants/ Occupants of Tenements in each chawls of having Ground Floor Structure known as Chimanlal Vithaldas Chawl standing on two pieces of lands bearing Cadastral Survey No. 441 of Lower Parel situated at Shankar Rao Naram Path.
In the month of Oct’11, one Notice has been circulated to all the Tenants/ Occupants to attend for the AGM (Annual General Body Meeting) on 23.10.2011 along with the letter of Punikim Realtors Pvt. Ltd. Stating that Shri. Niranjan Chimanlal Mehta and his family sold the Property to the Punikim Realtors Pvt. Ltd. On 17.6.2008 and now he is the current owner/ landlord.
Therefore he called upon the Managing Committee Members of the Chimanlal Vithaldas Chawl to collect the rent to substantiate the Tenancy Rights in respect of their respective Premises from 17.6.2008 onwards.
We hereby request you that in case Punikim Realtors Pvt. Ltd had purchased the Property then request them to kindly show us the copy of the Deed of Conveyance and other relevant documents. We are in confusion to take any further decision without seeing the documents if any executed in his favour or in the name of the Company Punikim Realtors Pvt. Ltd.
Under the Transfer of Property Act, any transactions of Immovable Property should be duly Stamped and Registered. Unless the Property is officially Transferred and Recorded on the Property Card Land lord cannot ask to sign the documents such as Affidavit cum Indemnity Bond and Consent letter of the Redevelopment.
Why the Managing Committee is so much in a hurry to handover the Affidavit cum Indemnity to the Landlord without the Property is lawfully transferred and documentary evidence in form of Property Card is issued to the Society.
The Managing Committee should first protect the corporate Interest of the Members/ Executives of the Society then of the Landlord.
A letter has been circulated to the members of the Society and Chawl Representatives that EGM (Extra Ordinary General Body Meeting dated 19.02.2012 has been cancelled and would be inform the Date and Time soon in the next General Meeting, till date no such meeting has conducted.
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We strongly demand the clarification in writing the following points within the 10 days of receipt of this letter.
The points are:-
• The Minutes of the last AGM dated 23.10.2011 along with the General Meeting.
(The minutes of the Annual General Body Meeting shall be circulated to the members for approval at the most within 3 (three) months from the Annual Meeting. Corrections to the minutes, if any, shall be submitted to the Secretary within one month of receipt of the minutes.)
• Introduction with the Owner/ Landlord in the next AGM.
• Name Transfer should be done in free of cost to the legal heirs and the occupants who occupied from the last 10 years and above.
• The Tenants/ Occupiers are likely to be accepted as “Protected Tenant”.
• The total number of Tenants/ Occupants should not increase after the cut of date i.e. 13.6.1996.
• Request the Landlord/ Developer for the Offer letter to Re-Develop the Property. The selected Developer is informed accordingly and his terms are invited in writing as an Offer letter to the society.
• The Managing Committee should conduct the SGM (Special General Body Meeting) as it is mandatory for the Re-Development.
Your earliest reply will be highly appreciated.
Thanking you in Anticipation,
Yours faithfully,
Tenants/ Occupants
Please go through the letter and suggest me that it is correct or not and give me any guidelines for the next step. Can we give the copy to the Landlord, that also please suggest.
regards,
Dhananjay
Raj Kumar Makkad
(Expert) 26 November 2012
Your letter is correct as per your own facts of the matter but why this has been posted under Intellectual property rights head?
