http://www.bighelpers.org/forum/ en Thu, 09 Sep 2010 07:21:11 GMT vBulletin 60 http://www.bighelpers.org/forum/images/misc/rss.jpg http://www.bighelpers.org/forum/ http://www.bighelpers.org/forum/property-land/2311-how-know-info-about-land.html Wed, 08 Sep 2010 11:41:47 GMT this is ajay.iam from andhrapradesh.i lost my father one year before.some amount of land is registered on my father's name.but the the registered documents are with my grandfather.he is refusing to give my documents to me.whats the further process to do..and one more how can i know about land info..whether it is sold ? ]]> Property and Land ajayyadav http://www.bighelpers.org/forum/property-land/2311-how-know-info-about-land.html http://www.bighelpers.org/forum/property-land/2302-occupancy-certificate.html Mon, 06 Sep 2010 04:06:19 GMT Hi, My name is Hiren and I have a doubt about OC and Share Certificate Transfer. I bought this flat 5 years back and at that time since OC... Hi,

My name is Hiren and I have a doubt about OC and Share Certificate Transfer.

I bought this flat 5 years back and at that time since OC was not important, I got a loan on this flat. Even Society gave me a NOC but later when I got the possesion, society rejected to transfer the share certificate in my name saying that OC is required to get the name transfered and now society is asking us to get the OC.

Just wanted to know what can be done in this case as I am still struggling and society is not transferring it since 5 years now.

Thanks,
Hiren. ]]> Property and Land patelhirenn http://www.bighelpers.org/forum/property-land/2302-occupancy-certificate.html http://www.bighelpers.org/forum/property-land/2287-washington-dc-has-turned-vicinity-exclusive-homes.html Wed, 01 Sep 2010 05:00:40 GMT Man is always a lover of beauty. It is very true that a man search for the ultimate beauty which soothes to his senses, but unfortunately he fails to... Man is always a lover of beauty. It is very true that a man search for the ultimate beauty which soothes to his senses, but unfortunately he fails to find the beauty which is within him. We always say necessity is the mother of invention and it will be evident if we look for the emergence of the class of builders. Man being an aficionado of magnificence, he began loving the exclusive and rare things in this world. Man always needed a change and there are cases where his attempts led to some changes which were rather more drastic than expected. We can quote the case of the sinking of Titanic at this stage as it was made out of the extreme interest of human beings for change. It was also called to be the unsinkable one.


This attraction towards exclusiveness and change, has led an ever lushly ground before the builders to get sowed, grow, flourish and reap the harvest of their own. It won’t be a false statement to say that the most fruitful ground was at Washington DC, where people welcomed not only the builders at home but also the builders from different parts of the world and thus it soon became an arena of builders where they could freely prove themselves and their skill was also recognized.


Today Washington DC has turned itself to be the vicinity for some of the exclusive homes and buildings of the world. Thus for a Home Builder Washington DC was a dome to expose off his proficiency. The exclusive designs were always accepted and adhered in the minds of the natives. Today the upcoming builders usually visit Washington DC not to prove themselves but to learn, as Washington DC owes its beauty to its builders. Thus the city in itself bears the glorious heritage of some world class builders. ]]> Property and Land BRITOLY http://www.bighelpers.org/forum/property-land/2287-washington-dc-has-turned-vicinity-exclusive-homes.html http://www.bighelpers.org/forum/property-land/2269-builder-compelling-vat.html Wed, 25 Aug 2010 12:23:55 GMT hello,

I have a issue on hand & it goes like this. In 2008, I bought a semi constructed duplex house from a builder in hyderabad for a said amount. At the time of agreement he said that I have to pay VAT and Service Tax to which I agreed. Then an agreement of sale has been signed by both the parties. He says that I need to pay VAT at the rate of 4% for which I disagree as I am liable to pay VAT at the rate of 1% only. The builder disagrees and said that i'm compelled to pay 4% and then he gave me an advanced ruling copy from the CTO department, which also clearly mentions that in a particular scenario, as in my case i'm liable to pay 1%. There has been a dispute going on since the past 2 years and the builder is not handing over possession to me. He collected the major amount from me and only a small amount is left behind now, which I haven't paid yet. He is sitting over the issue and delaying handing over the house.

I even went to the ACTO (Audit) of the Commercial Taxes Dept (CTD), as suggested by the builder and explained the case to him, and ACTO after going through the case details, also agreed that i'm liable to pay only 1% of VAT. Now when I referred back to the builder he disagrees and asks me to get the same in writing from the ACTO or CT Dept. When I asked the ACTO, he says that he can't give anything in writing. So i'm getting sandwiched in the process, and I came across this site where help/guidance can be shared.

I can furnish the advance ruling attachments in case anyone of you might be interested to read. Also, if you require any more information, then i'd be glad to share.

If I missed out something then please feel free to address it also in the reply.

So how do I ask/request the CommTax dept. to issue a letter or something in regard to this??? Or any other guidance would be appreciated.

Thanks. ]]> Property and Land ssv28_hyd http://www.bighelpers.org/forum/property-land/2269-builder-compelling-vat.html http://www.bighelpers.org/forum/property-land/2262-purchasing-flat.html Mon, 23 Aug 2010 08:33:35 GMT Hello, I want to know the process to purchase a flat where the seller has some loan due to be repaid on the same property. What are all the options... Hello,
I want to know the process to purchase a flat where the seller has some loan due to be repaid on the same property. What are all the options which can be adopted while purchasing the flat? ]]> Property and Land rohitchitre http://www.bighelpers.org/forum/property-land/2262-purchasing-flat.html http://www.bighelpers.org/forum/property-land/2240-urgent-priority-how-challenge-revised-permission.html Tue, 10 Aug 2010 15:00:57 GMT HI Big helpers, I am situated residential/commercial complex which was build up by the builder and land owner in Aurangabad,Maharashtra with share... HI Big helpers,

I am situated residential/commercial complex which was build up by the builder and land owner in Aurangabad,Maharashtra with share of 50-50, and builder and land owner sold the flats to different people, now land owner is calming parking area, terrace area and water tank
As builder made a mistake allotting to terrace to the land owner at the same time land owner cover up and build-up shop in a parking area as he surprisingly received the Municipal co-operation revised permission on his own name without builder (previous permission was on the name of builder + land owner) without knowlegde of flat owners for those shops and flats on the terrace.
We have dought that might be land owner provided the false document and collected the revised permission form municipal co-operation.

Can some please guide us how to chanllange the revised permission ? Or there is any way to cancel this false revised permission ? ]]> Property and Land john_morris001 http://www.bighelpers.org/forum/property-land/2240-urgent-priority-how-challenge-revised-permission.html http://www.bighelpers.org/forum/property-land/2236-y-r-most-questions-unanswered.html Tue, 10 Aug 2010 03:41:08 GMT hello friends i m a new user to this thread, plz can u all let me know y aren't ur questions answered?? ]]> Property and Land shamuda http://www.bighelpers.org/forum/property-land/2236-y-r-most-questions-unanswered.html http://www.bighelpers.org/forum/property-land/2224-house-built-sarvajanik-well.html Thu, 05 Aug 2010 11:51:55 GMT mr thakur, residing devicharan chawl,kurla.with the support of some corrupt politicians, had built a house on top of the well, which is a sarvajanic... mr thakur, residing devicharan chawl,kurla.with the support of some corrupt politicians, had built a house on top of the well, which is a sarvajanic property, which cannot be made on once name. now he has given that property on rent to someone , and is happy to recieve rent every month, he is tring to make that property on his name illegally,so wat is the proper action to be taken , and from where we have to start, giving complaints.please some one guide me on this, we would like to use this property as common property and for the benefit of all the chawl members. ]]> Property and Land RAJUSHETTY http://www.bighelpers.org/forum/property-land/2224-house-built-sarvajanik-well.html http://www.bighelpers.org/forum/property-land/2213-regarding-name-change-housing-society.html Mon, 02 Aug 2010 06:54:45 GMT Dear Sir, Thanks in advance. I would really be happy if any one of you can answer my questions- I have purchased a flat in resale in Sep-2009... Dear Sir,

Thanks in advance. I would really be happy if any one of you
can answer my questions-
I have purchased a flat in resale in Sep-2009 in Kharghar, Navi Mumbai and shifted in that in the same month. From than I am paying society dues regularly by cheque and the receipt in my name. Society was not registered at that time .Society registered just in June-2010.. I have already submitted sale deed before shifting to this house, the Adhoc society than only they have permitted to shift in this house. Electric connection now in my name since Dec-09.
But in the first GBM of registered society I come to know that my name is not in the member's list I have given an application to this new society in this regard but no response. Earlier owner is not in Maharashtra now.
Now what I have to do to incorporate my name in registered society.
Pl. suggest me. ]]> Property and Land Downtheearth http://www.bighelpers.org/forum/property-land/2213-regarding-name-change-housing-society.html http://www.bighelpers.org/forum/property-land/2212-how-much-will-cost-get-court-stay-order.html Mon, 02 Aug 2010 01:39:16 GMT Friends, I purchased a duplex house in a Panchayat Layout in Hyderabad. The Layout got revised and the Builder is unable to provide 30ft road at... Friends,

I purchased a duplex house in a Panchayat Layout in Hyderabad. The Layout got revised and the Builder is unable to provide 30ft road at a corner. The corner plot size needs to be reduced in order to provide 30ft. Instead the Builder is going ahead with construction of house with normal 200sqyard size and the road width at the corner will be only 17ft. i am in the process of sending complaint letters to Panchayat , Planning authorities (DTCP , HMDA).

Meanwhile i want to stop the Builder from construction of the house at the corner. I am going to hire a lawyer to get stay order from court.
1. How long does it take to get a stay order from court?
2.What are the court fees and how much does the lawyer charge for the service (approximate).
3. How long this court fight would go on? The Builder is supposed to provide 30ft road as per Panchayat Rules.

Thanks
Sukumar ]]> Property and Land garugu http://www.bighelpers.org/forum/property-land/2212-how-much-will-cost-get-court-stay-order.html http://www.bighelpers.org/forum/property-land/2205-redevelopment-mumbai-city-property.html Fri, 30 Jul 2010 06:49:51 GMT what are the basic signing documents required to be signed by the owners with the developers? is a declaration & indemnity bond against unfair distribution one such, specially when he would be as agreed upon redeveloping at own risk & costs. ]]> Property and Land high altitude http://www.bighelpers.org/forum/property-land/2205-redevelopment-mumbai-city-property.html http://www.bighelpers.org/forum/property-land/2198-what-encumberance-certificate.html Wed, 28 Jul 2010 11:16:55 GMT Hello, What is Encumberance Certificate? The builder of my booked flat has delayed giving flat possession by two years without giving any... Hello,
What is Encumberance Certificate?
The builder of my booked flat has delayed giving flat possession by two years without giving any compensation. I want to get contact details of the other flat owners of the same complex so that we can fight united.
Can I get flat owner contact details of my complex in Encumberance Certificate?
Can get the above details by filing RTI at Sub-registrar's office.
Thank You. ]]> Property and Land aaim9276 http://www.bighelpers.org/forum/property-land/2198-what-encumberance-certificate.html http://www.bighelpers.org/forum/property-land/2166-redevelopment-procedure-old-housing-societies-mumbai.html Wed, 21 Jul 2010 13:15:14 GMT *REDEVELOPMENT PROCEDURE OF OLD HOUSING SOCIETIES IN MUMBAI* Redevelopment of housing societies is usually burdened with bitterness and...

REDEVELOPMENT PROCEDURE OF OLD HOUSING SOCIETIES IN MUMBAI

Redevelopment of housing societies is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee. Hence, with a view to ensure transparency in societies seeking to undertake redevelopment projects, the state co-operative department has, for the first time, issued guidelines for societies to follow under section 79 (A) of the Maharashtra Co-operatives act, 1960.


The guidelines are issued by a committee comprising the co-operatives commissioner and Cidco chairman pursuant to a deep study of complaints by members of Housing Societies undertaking the redevelopment of their property. According to an important feature in the guidelines, a redevelopment scheme has to be approved by the general body only if three-fourths of the society members are present at the meeting.


The special general body has to approve the bid of the successful bidder in a meeting attended by the registrar. The entire proceedings have to be video-recorded. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised. The successful bidder has to give a bank guarantee equivalent to 20% of the total project cost to show his financial strength, and proof that he will not throw away the project midway.


The Developer has to complete the redevelopment project in two years, or a maximum of three years. The development agreement must be signed on carpet-area basis. Most importantly, if, for some reason, the successful Developer is unable to complete the project, he cannot sell his agreement to another Developer.

It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, are later twisted and grossly violated by the Developers and the ground rules of MRTP and DCR by unlawful planning are flouted by constructing additional/unauthorized areas that are beyond the entitlement (i.e. beyond the plot FSI and the TDR/FSI loaded) for their hidden financial gains. The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date.

At times, upon the completion of the Project, there are major inconsistencies and discriminatory features noticed in the approved plans v/s actual layouts, measurements and other aspects in respect of the constructions of residential area and the commercial area which may not be in conformity with the Development Agreement originally executed between the Society and the Developer.

Under Right to Information Act, the Housing Society can procure all the Plans and the related documentary evidences from MCGM duly attested by two Senior Engineers of the Building Proposals Dept. to study the anomalies which exist in execution of the entire redevelopment project even after the occupancy certificate is issued.


It has also been observed that the deviation of vital Rules and Guidelines of MRTP/MCGM/DCR are conveniently overlooked by few corrupt and dishonest but “Sympathetic Officials” of MCGM and the final plans with numerous anomalies so submitted by the said Developer are approved by them without verifying the justifiability or its conformity with the Development Agreement executed with the Society.


Further, it is learnt that in many Societies, the Managing Committees, who execute the documents with the Developers, do not possess any legal holding as they have never filed/nor aware of filing the Indemnity Bond in Form M-20 on a Stamp required under Section 73(1AB) and Rule 58A of the Maharashtra Cooperative Societies Act 1960.

The members who fail to execute such Bonds within the specific period are deemed to have vacated his office as a member of the committee and no legal effects can be given to the documents executed by them with the Developers.

STAGES OF REDEVELOPMENT

1. Offer letter to the society
2. Terms and conditions with the society
3. Agreement with the society
4. Sanction from MCGM in favour of the society
5. Loading of TDR in the society’s name
6. Obtaining the IOD
7. Shifting of the members
8. Demolition of the building
9. Obtaining the CC
10. Construction of the new building
11. Obtaining the OC
12. Shifting the old members

Offer letter to the society: The Housing Society is required to advertize in 2 leading news papers inviting the sealed tenders from the Developers and a Redevelopment Committee is formed to shortlist atleast 3 Developers on merits and the comparative data is placed before the SPGM for final selection. The selected Developer is informed accordingly and his terms are invited in writing as an Offer letter to the society

Terms and conditions with the society: The first step towards the re-development is agreeing on the basic terms and conditions between the members and the Developer. The broad terms and conditions will include extra area, corpus money, shifting charges, alternate accommodation, time of re-development, amenities in the new building, etc.

Finalizing the plans with members: After due consultation with all the members, the plan will be made to suit the requirements of the existing members and will be approved by them before applying for sanction from MCGM

Agreement with the society: The execution of the development agreement will be done once the above two points have been cleared by both the parties and after the draft copy of the agreement have been approved by the solicitors of both the parties. It is possible to appoint a common solicitor so as to reduce the time in execution of the document

Sanction from MCGM in favour of the society: After the execution of the development agreement, plans are put up for sanction from MCGM with regards to the entire layout as well as the concession plans in favour of TWO FSI (i.e. plot area + TDR purchased from open market). This step makes the society feel safe and confident towards the Develop

Loading of TDR in favour of the society: On receipt of the plans from MCGM approving the loading of TDR, the Developer will purchase the TDR from the open market in the name of the society and get the same deducted and loaded from MCGM. This step is taken with the intention of making the society feel secure about the entire development process

Obtaining the IOD: After the TDR is loaded, the IOD is obtained from the MCGM, the Developer then starts fulfilling all the conditions as mentioned in the IOD before obtaining the Commence Certificat

Shifting of the members: The members will feel lot more confident after the IOD is been obtained from the MCGM towards the entire development of TWO FSI. The members will now shift into their alternate accommodation as a pre-requisite before demolition of the building which is a must before obtaining the CC from MCGM

Demolition of the building: Once the members have shifted into their alternate accommodation, the demolition of the building will take place either all the wings simultaneously or phase wise depending upon the scheme of re-development. Usually about three months are given to the members from the date of execution of the development agreement before asking them to shift to the alternate accommodation

Obtaining the CC: The IOD approval and demolition of the building will be followed by the issue of the CC (plinth level) by the MCGM which shall enable the Developer to start the construction work and after the plinth lines are verified by the MCGM officers, the further CC is granted for the complete building

Construction of the building: The building construction work will began in full earnest as per the approved plans by the MCGM taking into consideration the various safety factors to be considered during the construction work. The quality and the amenities will be provided as per agreed terms and conditions

Obtaining the OC: The last step before the construction work is termed as complete is obtaining the Occupation Certificate enabling the Developer to allot the occupation to the old as well as the new member

Shifting the old members: On receipt of the Occupancy Certificate the Developer can lawfully allow the possession of the flats to be taken over by their owners

DUTIES AND FUNCTIONS OF THE DEVELOPER

1. The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.

2. The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:

1.Development Planning Remark or Town Planning Remark:
MCGM (Dev. Dept.)
2. Survey of the entire plot with regards to the area and topography of the plot, existing plot boundary and existing structures (Developer’s Architect)
3.Intimation of Disapproval (IOD): MCGM
4.Property Tax Assessment NOC: MCGM (Assessment Department)
5.Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic
Department)
6.Storm Water Drainage No Objection Certificate: MCGM
7.Sewerage No Objection Certificate: MCGM
8.Traffic Deptt. of Municipal Corporation of Greater Mumbai No
Objection Certificate: MCGM
9.Urban Land Ceiling NOC: Competent Authority in Collector's
Office
10. Tree No Objection Certificate: MCGM (Tree Authority)
11.Non-Agricultural Permission: Collector's Office
12.Civil Aviation No Objection Certificate: Airport Authority of India
13.Pest Control No Objection Certificate: MCGM (PCO)
14.MTNL No Objection Certificate: MTNL
15.Chief Fire Officer's No Objection Certificate: Fire Department
Office
16.Commencement Certificate: MCGM
17. Lift Inspection No Objection Certificate:Inspector of Lifts, PW
18. Occupation Certificate (OC):MCGM
19.Water Connection Certificate under section 270A:MCGM
20.Drainage Completion Certificate:MCGM (Water Department)
21.Building Completion Certificate (BCC):MCGM
22.TDR Loading:MCGM
23.Building Demolition Work:Contractor appointed for demolition
work
24.Soil Testing Report:The Concerned Laboratory


Please ensure to collect all the listed certificates from the Developer/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.

3. The Developer should provide the following infrastructure after the completion of the re-development work:
a. Complete paving around the building finished with suitable materials
b. Storm Water Drain
c. Sewerage lines
d. Security arrangements
e. Garden and landscaping (wherever possible)
f. Pipe gas line (as per availability)
g. Internet facility (as per availability)
h. Society office
i. Adequate car parking spaces

The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)

4.The Developer should pay the society/individual member, a corpus fund of Rs……..towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of Rs……..per sq.fts on the existing carpet area.

5.The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs…… per sq.ftson the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer.

6.The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.

7.The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required.

8.The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.

9.The Developer should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.

STANDARD LIST OF AMEMITIES

Structure:The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features.

Elevation and Planning:Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required

Entrance Lobby:The entrance lobby may be elegantly designed with Granite tile and POP false ceiling.

Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. The main door must be provided with good quality night latch, safety chain, tower blot and attractive handle. Internal doors may be provided by cylindrical mortise type locks.

Windows:All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings.

Plaster of Paris:Beautifully designed cornice has to be provided in living room. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting

Electric work:All the electric wiring work must be done as per the norms of Reliance Energy using 1/18, 3/20, and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Latest available switches of reputed company must be provided. Extensive electric layout comprising of the following points to be provided:

Spot Lights (living room and bed room)
Tube lights
Fans
A.C. (living room and bed room)
Geysers
Exhaust fans
Aqua guard
Mixers
Washing machine
Refrigerator
T.V. cable
Gas pipe line (if available)
Refrigerator
T.V. cable
Gas pipe line (if available)

Plumbing:All the plumbing pipes, fixtures and fittings should be strictly as per IS Norms. CP plumbing fixtures (ESS ESS or JAGUAR) should be be provided in all toilets with matching sanitary ware of reputed company. Plumbing points should comprise of wall mixtures, showers, taps, washing machines and aqua guard.

Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs.

Kitchen:Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Stainless steel sink has to be provided.

Colour:The entire flat should be painted with Synthetic enamel paint including doors and ceilings. The external walls of the buildings must be painted with good quality cement paint.

Lift:Lift of OTIS/Johnson make may be provided with all the safety features.

Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points.

Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. M.S. main gate should be provided for safety.

Paving: The entire compound wall should be paved with concrete and finished with heavy duty checkered tiles.
The task of satisfactory completion of redevelopment of any Housing Society and to get back their members in their dream houses is not difficult provided the Office Bearers and the Committee Members are honest and justify their respective posts in the welfare and well being of the members of the Society.

Dilip Shah
dilip777shah@gmail.com ]]> Property and Land dilip777shah http://www.bighelpers.org/forum/property-land/2166-redevelopment-procedure-old-housing-societies-mumbai.html http://www.bighelpers.org/forum/property-land/2162-car-parking-space.html Tue, 20 Jul 2010 07:38:58 GMT I have applied to the society for providing me the space for the car parking. However the society has refused to give me due to non availability of... I have applied to the society for providing me the space for the car parking. However the society has refused to give me due to non availability of slot/space in the society.

Also there are few garage parking given by builder to some flat owners more than 25 years back. There is no sufficient parking available in the society. Therefore we are constraint and forced to park vehicle on Road i.e. outside society compound. Though there is free space and garden in the compound, part of which can be converted into parking space to accommodate members vehicle who are not allotted parking space.

Hence I would like to know that :-

I.Whether Society/garage owner can force us to park vehicle on Road?

II. What is the provision for to convert free space/some part of garden into parking space?

III.Whether builder action of selling garage 25 years back to Flat owner is legal & valid? Are they allowed to sell parking area/garage?

IV.Whether existing garage can be given by society on rotational basis to other members who do not have parking area?

V.Can I have reference of Bombay High Court Judgment & Society Court Judgment supporting above contention? ]]> Property and Land Nishi http://www.bighelpers.org/forum/property-land/2162-car-parking-space.html http://www.bighelpers.org/forum/property-land/2154-resale-property-documents-importance-oc.html Sun, 18 Jul 2010 16:09:27 GMT I am plannig to buy resale property in MiraRoad. But almost 80% of properties are having no OC! Can anyone please guide what documents need to be... I am plannig to buy resale property in MiraRoad. But almost 80% of properties are having no OC! Can anyone please guide what documents need to be checked before buying. Is it okay if there are other documents like allotment letter for land to builder from local municipal corporation but no occupany certificate? How does absence of OC can affect property? Does no OC mean illegal property? Please help... ]]> Property and Land pritsalv http://www.bighelpers.org/forum/property-land/2154-resale-property-documents-importance-oc.html http://www.bighelpers.org/forum/property-land/2147-transfer-property-shares-under-co-operative-housing-society-laws.html Fri, 16 Jul 2010 10:01:04 GMT Hi, I need to have the format or a sample letter where my mother whois sick and over 80 years old wants to transfer the property to her sons name... Hi,

I need to have the format or a sample letter where my mother whois sick and over 80 years old wants to transfer the property to her sons name by way of gift deed. The society has asked for a formal letter from my mother and a no objection letter from my mother and sister. If any one can just provide me with a format of this application letter.

Thanks

budda45 ]]> Property and Land budda45 http://www.bighelpers.org/forum/property-land/2147-transfer-property-shares-under-co-operative-housing-society-laws.html http://www.bighelpers.org/forum/property-land/2141-registration-flat-basis-power-atony.html Wed, 14 Jul 2010 05:26:32 GMT Registration of Flat on basis of Power of atony Hi all, I live in Ghaziabad,My Father Bought a flat in 1996 on basis of Power of atony due to... Registration of Flat on basis of Power of atony

Hi all,
I live in Ghaziabad,My Father Bought a flat in 1996 on basis of Power of atony due to some personal problem(I know its not recommended to buy with that).Now in 2007 My father Expired & he was just about to make the registration Process of that House.But the Party from whom my father bought this home is no where exists.
Now when I go GDA they says me to come with that party or Get Degree of declaration from Court.
I have possession of tht home from 1996 till now.(touchwood).I have each & every paper of that homes even slips of installments submission also.

Kindly help me in this section what to do...
How can i get this home on my Mothers Name.
Help me
Thanxs
You can mail me at tushar.capoor@gmail.com ]]> Property and Land TusharCapoor http://www.bighelpers.org/forum/property-land/2141-registration-flat-basis-power-atony.html http://www.bighelpers.org/forum/property-land/2136-residentail-property-issue.html Tue, 13 Jul 2010 06:06:13 GMT Hello can anyone help me with property matter in Bandra/Mumbai. We are residing at said premises since 1970. Building was ground plus one. At that... Hello can anyone help me with property matter in Bandra/Mumbai. We are residing at said premises since 1970. Building was ground plus one. At that time there were 3 tenents on first floor, ground floor was used by owners and on ground floor there are two garages, one of the garage is used by my family as residence since 1970. Later in early 80's two additional floors were constructed of which 2nd floor 3 flats were sold on ownership basis, third floor is used by land lords son.

Around 10 years back land lord expired and presently one of his sons ( land lord has 4 sons) is looking into building matters. They have sold the building for redevelopment and we builder is trying give all of us raw deal. Presently we reside in 240 Sq Feet + toilet and bathroom. The new builder is telling us we are illegal since we are residing in a garage and we have no right to ask for any compensation or ask for place there itself and we have to take whatever offer he is making and leave.

Can someone help me with this issue. ]]> Property and Land Narshinha http://www.bighelpers.org/forum/property-land/2136-residentail-property-issue.html http://www.bighelpers.org/forum/property-land/2127-panchayat-approved-apartment-bangalore.html Wed, 07 Jul 2010 11:42:10 GMT I have nailed down to buy a flat which got building plan approved in 2004 but did not start building it. In 2007, the builder has started building... I have nailed down to buy a flat which got building plan approved in 2004 but did not start building it. In 2007, the builder has started building and completed in 2009. During the period of building, the area came under BBMP. But builder has not bothered to get BBMP approval since they had to alter the design based on that. They have got the Khatha number and DC conversion certificate etc.,
This apt is loaned by Canara and Syndicate banks along with other private banks. But SBI and LIC has denied providing loan.

I know this is a risk to take, but what is the impact of buying this apartment. Is there anything that I should ask more like NOCs etc.,

Pl advice. ]]> Property and Land gsurubabu http://www.bighelpers.org/forum/property-land/2127-panchayat-approved-apartment-bangalore.html http://www.bighelpers.org/forum/property-land/2121-regd-hindu-succession-act-2005-a.html Mon, 05 Jul 2010 06:36:07 GMT Regarding a pending case filed in 2007 asking for share in our property. My father is had 3 sisters, 2 are elder to him and one younger sister. Two... Regarding a pending case filed in 2007 asking for share in our property. My father is had 3 sisters, 2 are elder to him and one younger sister. Two of his elder sisters died around 15 years back and his younger sister is alive. My father’s younger sister and eldest sister’s son are claiming equal share in our property. My father born in 1939 and his younger sister in 1942. His eldest sister’s DOB is unknown. Suite is pending in one of the civil court. My grandfather died in the year 1958 and property transfer happened in 1971 in the name of my father as succession and his in full possestion and enjoyment.
Questions :
1. Do my father’s sisters get the equal share in our property?
2. If they get what may be the share?
3. I have a question about Karnatak High court order dated 19/03/2010 Justices N Kumar and A N Venugopalagowda on The Hindu Succession(A) Act 2005 dated 19/03/2010 providing equal rights to daughters by birth on or after 17/06/1956.
We consulted 2 to 3 Lawyers are saying that this is law is void and it has no consideration due to some SC orders before this order came.
Is this is the right opinion? or Is the order passed Houn’ble Hight Court is still valid to fight our case. ]]> Property and Land mohankr12 http://www.bighelpers.org/forum/property-land/2121-regd-hindu-succession-act-2005-a.html http://www.bighelpers.org/forum/property-land/2113-pagdi-system-inheritance-rights-building-going-reconstruction.html Fri, 02 Jul 2010 11:52:19 GMT We have ancestral property in my late grandfathers name at Bhendi Bazar, Mumbai for the past 65yrs+. Currently my two paternal uncles are residing... We have ancestral property in my late grandfathers name at Bhendi Bazar, Mumbai for the past 65yrs+. Currently my two paternal uncles are residing there. My family consisting of my father, mother, brother and myself also used to reside there but due to shortage of space we had to move out with the promise that our property share would be given to us. But 27yrs have elapsed and my uncles have still not given us a single penny and dont intend to give either. The rent reciept is still in my late grandfathers name and is now being paid by one of my uncles. My father also passed away in 2001 but the electricity bill is still in his name and is being paid by my uncle. My uncle has removed our name from the ration card and we donot have voters id card of that address. Now this entire bhendi bazar area consisting of 270 buildings is going under the redevelopment scheme. The landlord has sold the building to the saifee burhani upliftment trust and every tenent has to sign a consent letter to the trust. My uncle has signed the consent letter without taking any no objection certificate from any other legal heirs and also signed an indemnity bond with the trust stating that he indemnifies the trust against any claims , he will be the sole owner in the new building and will be responsible for any claims. I want to know the following:
1) Does my family have any legal rights on this property?.....we only have electricity bill in my dads name and rent receipt in grandfathers name. We are not staying in the said premises.
2) We donot have any documentation of any property papers even bills, nor any xeroxs. Can we legally procure the documents atleast the rent receipt and electricity bill from them as it is in their possession.
2) What is the legal course of action we should take.
Any reply for this matter will be highly appreciated as are being cheated by our uncles.
Regards,
Tasneem. ]]> Property and Land tassy1810 http://www.bighelpers.org/forum/property-land/2113-pagdi-system-inheritance-rights-building-going-reconstruction.html http://www.bighelpers.org/forum/property-land/2112-pagdi-system-inheritance-rights-building-going-reconstruction.html Fri, 02 Jul 2010 11:49:17 GMT We have ancestral property in my late grandfathers name at Bhendi Bazar, Mumbai for the past 65yrs+. Currently my two paternal uncles are residing... We have ancestral property in my late grandfathers name at Bhendi Bazar, Mumbai for the past 65yrs+. Currently my two paternal uncles are residing there. My family consisting of my father, mother, brother and myself also used to reside there but due to shortage of space we had to move out with the promise that our property share would be given to us. But 27yrs have elapsed and my uncles have still not given us a single penny and dont intend to give either. The rent reciept is still in my late grandfathers name and is now being paid by one of my uncles. My father also passed away in 2001 but the electricity bill is still in his name and is being paid by my uncle. My uncle has removed our name from the ration card and we donot have voters id card of that address. Now this entire bhendi bazar area consisting of 270 buildings is going under the redevelopment scheme. The landlord has sold the building to the saifee burhani upliftment trust and every tenent has to sign a consent letter to the trust. My uncle has signed the consent letter without taking any no objection certificate from any other legal heirs and also signed an indemnity bond with the trust stating that he indemnifies the trust against any claims , he will be the sole owner in the new building and will be responsible for the same. I want to know the following:
1) Does my family have any legal rights on this property?.....we only have electricity bill in my dads name and rent receipt in grandfathers name. We are not staying in the said premises.
2) We donot have any documentation of any property papers even bills, nor any xeroxs. Can we legally procure the documents atleast the rent receipt and electricity bill from them as it is in their possession.
2) What is the legal course of action we should take.
Any reply for this matter will be highly appreciated as are being cheated by our uncles.
Regards,
Tasneem. ]]> Property and Land tassy1810 http://www.bighelpers.org/forum/property-land/2112-pagdi-system-inheritance-rights-building-going-reconstruction.html http://www.bighelpers.org/forum/property-land/2094-society-maintenance-start-date.html Fri, 25 Jun 2010 18:27:29 GMT I booked a flat in Feb 2008 in Pune with planned possession date of April 2009. However, the builder delayed the project. I have been following... I booked a flat in Feb 2008 in Pune with planned possession date of April 2009. However, the builder delayed the project.

I have been following up with the builder on a monthly basis, and I should be getting possession during the next month.

However, the builder is now insisting that I pay society maintenance charges from March 2010. I replied that I have still not got possession of the flat, and why should I pay the maintenance charges from March 2010 onwards. His response was that the building was ready in March !!

Are there any rules on the start date of society maintence charges?
If no, what could be my next course of action?

Please advise. ]]> Property and Land kevin http://www.bighelpers.org/forum/property-land/2094-society-maintenance-start-date.html http://www.bighelpers.org/forum/property-land/2082-information-about-land-documents.html Mon, 21 Jun 2010 16:09:04 GMT this is ajay...my father passed away last year...we dont now where the land documents...we search all but we didnt find them...can we get land... this is ajay...my father passed away last year...we dont now where the land documents...we search all but we didnt find them...can we get land documents of my father from any patwari...thanks in advance..pls help me.. ]]> Property and Land ajayyadav http://www.bighelpers.org/forum/property-land/2082-information-about-land-documents.html http://www.bighelpers.org/forum/property-land/2053-how-get-individual-land-patta-joint-patta.html Sun, 13 Jun 2010 09:02:03 GMT actually, we just have the joint patta for all of our properties. that joint patta is for ten members who were my great-grand ancestors (i.e 4... actually, we just have the joint patta for all of our properties. that joint patta is for ten members who were my great-grand ancestors (i.e 4 generations back). now we need to have individual land patta and also moola pathiram for our homes, land and all the properties that we have now. is it possible to get that? if so what i have to do? and from where i have to start with? please help me regarding this ]]> Property and Land balajeemp http://www.bighelpers.org/forum/property-land/2053-how-get-individual-land-patta-joint-patta.html http://www.bighelpers.org/forum/property-land/2052-information-redevlopment-under-pagadi-system.html Sat, 12 Jun 2010 06:42:54 GMT Dear sir- we were living in pagady system Building in Kalwa-Thane from 20 yrs, same got demolished by Muncipal corp., as same got in list of Old\... Dear sir- we were living in pagady system Building in Kalwa-Thane from 20 yrs, same got demolished by Muncipal corp., as same got in list of Old\ danger Buldings .( Socity was not form) but now Land owner not ready for new devlopment or hiding things from us. Tell us , what is right of us and how much area we are eligible to get in new construction.
and Is it possible for any Builder to devlope same plot , without our permission . ]]> Property and Land sushsag78 http://www.bighelpers.org/forum/property-land/2052-information-redevlopment-under-pagadi-system.html http://www.bighelpers.org/forum/property-land/2004-house-proprety-problem.html Sat, 05 Jun 2010 07:53:21 GMT I am Christina Fernandes born in bombay married in chennai. I am having only one brother name christopher Fernandes. My mother bought a land in... I am Christina Fernandes born in bombay married in chennai. I am having only one brother name christopher Fernandes. My mother bought a land in Mumbai Mahim on 1989 to 1990. And she expaired on 1993. My father was working in kuwait for long time. Now this year he also died out of Cancer on 3rd Feb 2010. My father was helping his cousin sister though she is having her own brother in madurai. After my fathers death the lady is not moving off from the house and not allowed my brother to take any documents of my father to claim the house as well the money in the bank. She collected some Gundas and threatening my brother. How we can take our father's documents and how to push the lady out of the house. My brother is lame. Please give guidance

Christina Fernandes ]]> Property and Land Christina Fernandes http://www.bighelpers.org/forum/property-land/2004-house-proprety-problem.html http://www.bighelpers.org/forum/property-land/2003-maharashtra-ownership-flat-act.html Sat, 05 Jun 2010 05:19:46 GMT The Developer is redeveloping Society's property and has to allot existing and additional area at free of cost to the members and remaining flats to the prospective purchasers of his choice who shall be admitted as member of the existing Society in future. Plans are passed and registered Agreement is to entered betwen each member and Developer in respect of new flat to be allotted to the members. Whether the provisions of Maharashtra Ownership Flat Act is applicable to the said Agreement? ]]> Property and Land skvaidya_10 http://www.bighelpers.org/forum/property-land/2003-maharashtra-ownership-flat-act.html http://www.bighelpers.org/forum/property-land/1999-builder-asking-buy-terrace.html Fri, 04 Jun 2010 16:53:16 GMT Hi, I am staying in a building where the society is not formed yet. The builder is suggesting that I should buy the terrace over my flat and get... Hi,

I am staying in a building where the society is not formed yet. The builder is suggesting that I should buy the terrace over my flat and get it registered. After the society is formed, I can use it for purpose like gardening, etc. My question is, is it legal for the builder to sell me the terrace? also if I get the deal registered, would it be a problem after the society is formed? Also, would I have to pay maintenance of the terrace to the society? and if I decide to sell the flat, would I be able to sell the terrace also?

Please let me know.

Thank you,
Pras_kul ]]> Property and Land pras_kul http://www.bighelpers.org/forum/property-land/1999-builder-asking-buy-terrace.html http://www.bighelpers.org/forum/property-land/1949-understanding-pagdi-system.html Sat, 15 May 2010 18:00:56 GMT Hello, I am pretty ignorant about pagdi system in Mumbai and would like to clarify few doubts. What kind of agreement makes a flat/shop qualify in... Hello, I am pretty ignorant about pagdi system in Mumbai and would like to clarify few doubts. What kind of agreement makes a flat/shop qualify in pagdi system.

Now I have a industrial shed which is rented since last 30 years. Cant i tell the tenant to vacate the same. Also what are the rules around increasing the rent of the same ]]> Property and Land mayankv http://www.bighelpers.org/forum/property-land/1949-understanding-pagdi-system.html