Legal Queries

Question:
Well i take electricity from MSEB. I have purcased a flat 2nd hand from one person but the meter is transferred 1 year earlier. For the last one year no electricity bill is send to me. I have paid all money for meter transfer. They have issued a firm quotation/demand note. But till now no bill is send to me. Now can i take up the matter directly with consumer court or consumer forum instead of electricity Ombudsman ? What charges can i bring against MSEB ? is it necessary to send Notice u/s 80 cpc ? How can i send notice under section Notice u/s 80 cpc ? Do i need a lawyer to prepare the notice ?

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Question:
I stay in a housing society in Pune that is roughly ten years old and consists of roughly 80 members (flat owners). Through the process of election, a new managing committee got formed last year. Instead of holding a general body meeting to discuss and obtain members' consent on any revision in the society maintenence charges, the managing committee simply issued a circular (within a few days of its formation) informing that the members would have to pay 20% higher maintenance charges from the next month onwards. Few members protested to this increase and sent letters to the Secretary but these were not responded to by him. In absence of any response, these members continued to deposit maintenance charges as per earlier rate. Now, the managing committee has sent notices to these members to pay the arrears. In the context of the above, my question is whether the managing committee is empowered to take decisions on such a matter on its own without getting it approved in the general body meeting of the society? Is the managing committee not violating the coopertive hosing society bye-laws by taking unilateral decisions without the consent of members through the general body meeting approvals. As per my understanding of the Bye-law no. 139(2), the committee has "to consider and to recommend to the meeting of the general body, the rates of contribution of the repairs and maintenance fund". I nevertheless, would like to have opinion and clarification of experts on the matter. -- Surendara shah

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Question:
My father has given our land and house in Maharashtra to my 2 brothers through will. We are 3 sisters whom he has simply ignored. He got the will registered during his life time and the house is not in the name of my two brothers. --- Anonymous

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Question:
A sale deed registered in sub registrar office by the builder in favour of buyer. As buyer was abroad, he has not signed the sale deed. Is it a valid sale deed? -- S.K. Singh

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Question:
In a conveyance one witness signed. She have to declare that she know everything of the conveyance. Under which section of Evidence Act She will declare? -- Partha Ghosh

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Question:
One Mr. Patwal booked the flat in 2007 and was promised possession in March 2010 but when the deadline was not met, he carried out inquiries and found that the project, related to Leaf Tower, Singapore Residency at Greater Noida, had allegedly not even started. The Consumer Court in Delhi fined him only Rs 3 lakh for his payment of Rs. 49 lakh and that too in 2007. Now the builder says he has no money to refund. Now what?

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Question:
Dear Sir,

Is it compulsory for the Managing Committee of a Co-op Housing Society in Maharashtra to sign Bond M-20 under MCS Act and forward to the Dy. Registrar of Cooperative Societies? We heard there is some change in this procedure recently. -- Anonymous

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Question:
I have booked a flat in greater Noida in 2012 january, they have provided only Letter of allotment in Jan 13 with Terms and conditon. But they have not given us Builder buyer agreement , i am keep on asking my builder buyer agreement wrote so many Emails they are saying letter of allotment is builder buyer agreement. I have made 100% of payment , they are ready to give possession as well.Can you suggest what is significance of builder buyer agreement here as well as any issue if we dont have BBagreement is registry of flat can be possible without Builder buyer agreement?

Appreciated your help on this.

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Question:
Builder has niether given Occupation Certficiate nor he is registering Housing Soceity in Hyderabad

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Question:
Sir, We are 6 Flat owners, who have booked the Flats in Navi Mumbai and paid all the installments, the Flats are nearly ready, but carpet areas of all our Flats are reduced and not as per Floor Plans attached to our Agreements, which are registered Agreements. When we informed Builder that the carpet areas are small and he should reduce amount, now the Builder is not ready to give us possession saying we must pay him FULL Amount, else he will not give us keys. 1- Is the Builder eligible to as full amount, even the carpet area is 10 to 12 sq ft less? 2- Can we take the builder to Consumer Court ? Anonymous from Navi Mumbai

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Question:
Dear Adv Deshmukh We got possession of our Flat in Khopoli from a small builder but the light meter is not installed in our Flat. Builder while giving possession gave us temporary electricity connection from his own meter which he took when building was under construction. Now he got all the money and not listening to our complaint. since 3 months we are using his light connection from a wire pulled by himself and given in our flat. He is not asking money for light but we think this is illegal. We are also afraid MSEB will fine us. Please advise. Thanks Mohd Musa Khopoli - MS

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Question:
I have booked a Flat in New Mumbai. Paid the Builder Rs 2,50,000 as advance being 22% of Flat amount and we have signed the Agreement to Sale, but now the Builder refused to come for registration. He keeps his mobile shut and when we visit him he is not in his office only some lady is sitting and she is also not cooperating. VIP-Mahape, Navi Mumbai

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Question:
Sir, our bldg is more than 8 years and we have CHS registered. But the Building owner everytime when our Society is asking to make conveyance in society's name just does not want to listen. He is a Sindhi man and says he has legal experts who advised him that Land is owner's property only Flat can be Flat buyer and Soceity's property. And additional FSI when Govt of Maharashtra will declare he says its his right hence Society should not ask for any additional favours from him and he has given us flats at very very cheap rates.

We want to know : 1- is it true that land belongs to builder?
2- Additional FSI if declared can he be the owner for that FSI?
Please advise. Thanking you. -- MT Chavhan, Chembur CHS, Mumbai, 400 071

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Question:
I have a very important question, that could affect me in the long run. I'm from Uk and currently the land in question is in Amloh, Ludhiana, Punjab, India. Currently my father who use to be a citizen of india resides in the Uk he has a fair amount of property in india some of which he has inherited from his mom & father and brought at the right value. The family over in India ploughs and cultivates this land under no tenancy agreement. However the deeds are in our possession, unfortunately anything relating to the crop such as water bills, electric or crop selling is dealt in the family name not my father, this process has been carried out for a fair numbers of years now. In addition the family has recommended a squatter to live in a house on this land for several years now, could this be a hazard to us in the long run ? Can the family take over this land via adverse possession or any other law that may affect us in the long term. I am the child of my father, if anything happens to my father can they file a case ? Look forwards to your reply. Anonymous

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Question:
Sir, I would like to know, if our building Promoter is not transferring Building and Land in the name of our co-operative housing society, what is the legal way by which we can force him to convey the land & building in the name of CHS as all the Flats are sold on ownership basis, society is also formed but building still in builder's name in Municipality and land also in his name in 7/12 extract. Please advise. Thanks Huzefa, Thane

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Question:
Sir, I would like to know about the Deemed Conveyance for our Cooperative Housing Societies (CHS), which is in New Mumbai, can we proceed with the procedure of applying to competent authority? Is the policy of Maharashtra Govt implemented for Deemed conveyance or we need to wait till its officially announced by Govt? Fayyaz, Navi Mumbai

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Question:
Dear Sir,

Our Society has given following declaration to the Builder (developer) on society letter head along with other acceptance, while taking over the society affairs, as one Building is still under construction that is being carried out by the OTHER BUILDER and it is on stay as given to understand.

“WE ARE ALSO AWARE AND CONFIRM THAT WE HAVE NO RIGHT, TITLE WHATSOEVER IN RESPECT OF THE LAND, COMMON AREAS, OPEN SPACES, RECREATION GARDEN ETC., AND THE SAME WILL REMAIN TO BE YOUR PROPERTY.

If in due course suppose the Builder does not transfer Conveyance deed, and we wish to apply for deemed Conveyance deed, whether the declaration will be an obstacle to us. Kindly advise. Regards. -- Nelson Fernandes

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Question:
Dear Sir,

Thank you very much for your detailed reply.

The Society has been registered by the Builder himself, and while handing over documents he has taken the said declaration (which seem to imply that he can install any hoarding or Mobile tower on the building). We've small children and we are very worried about the effect of constant radiation on them.

Now, please last query can he install any hoarding or Mobile tower or can he claims his right for additional FSI or at the time of redevelopment (later stage). Thanks -- Nelson Fernandes

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Question:
Dear Mr Deshmukh Can a Cooperative Housing Society amend its bye-laws to restrict membership to a particular community or class of people only ? Will it not amount to discrimination ? Are the CHS in Maharashtra not supposed to adapt model byelaws, as per law? -- A prospective buyer of a flat in a CHS in Navi Mumbai

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Question:
Sir I want to know latest amendments to CHS bye laws in Maharashtra. Thanks

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Question:
Sir, We saw the Advertisement in a local news paper in Mumbai that the "Flat for Sale" and accordingly we contacted the builder who gave the ad and after checking the documents we paid advance 20% sales price and the builder issued us a Reservation Form mentioning that Flat No. 204 is reserved for us and also issued the Receipt for advance received by him. The project is delayed for more than one year and we do not want to proceed with this builder since seems there is some problem with the title of the land on which the project is upcoming. Please advise how we can get back our money. The builder is telling us that everything is fine and project is going on as per schedule. Thanks. -- Shekhar, Mumbai

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Question:
I would like to know can a Leave and License agreement be made for more than 11 months or at least automatic renewable upon expiry of each 11 months, unless either party terminate the same ? Thanks Kartik Tiwari

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Question:
I would like to know if Society is not giving NOC, can still the flat be sold or purchased? Can we legally ask the Sub Registrar to accept the documents for registration (Sale Deed and other attachments, except NOC of Society)? If He refuses, is he not obliged to give in writing the reason for his so denial to register the sale deed with all the relevant required documents, except NOC? Pls if we get some guidance on such day-to- day issues? -- Kartik

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Question:
Respected Sir, We are 60 flat Owner living in 5 Building each consist 12 flat at Pune. At the time of purchasing a flat, no one aware about the Apartment and Co-Operative Housing Society differences. We have signed the agreement with the clause as "Apartment Ownership" under the act "Maharashtra Ownership Flat act 1963 and 1970". Unanimously we had requested builder to form a Co-Operative H. Society, but he denied that means he is going to form Apartment Society. BUT we need Co-Op. H. Society. So my query is "Still can we form Co-Op Hou. Society"? Will it be legal ? Can we tackle builder to the Court ? Can he ignore the request of 60 Flat Owners? -- Nitin Desai

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Question:
Dear Lawyers,

Instead of earlier 3-tire system stamp duty, I came to know from newspapers that from 01 March 2012 in Maharashtra if the property is situated under Mahanager Palika i.e. Municipal Corporation than FLAT stamp duty is 5%, if the property is under Nagarpalika i.e. Municipal Councils then stamp duty is 4% and if the property is under Gram Panchayat then the stamp duty is only 3%.

The building in which we wanted to buy the Flat is situated in one of the Gram Panchayat villages under Taluka Karjat, District Raigad, which is falling under the Sub-Registrar of Karjat for registration. The lady sub-registrar is insisting that even if the property or building is situated in gram panchayat villages, buyer must pay FLAT 5% Stamp duty on built up area as per valuation of Govt of Maharashtra as per new GR or Circular. The Govt valuation is also hiked drastically. Actual market price is only Rs 1500 per sq ft for a flat. Buyers are buying and Builders are selling at this rate only. Whereas Govt valuation as per Karjat Sub Registrar is Rs 2300 per sq ft i.e. Rs 800 per sq ft above the market price.... Amazing !

Is Sub-Registrar, Karjat, Dist Raigad justified in forcing the buyers to pay 5% stamp duty instead of 3%?

Is she not hampering the builders and the buyers together by charging extra 2% stamp duty for building situated under Gramp Panchayat areas?

Please put your views. Thanks Zeeshaan

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Question:
Dear Sir, I am writing to you to seek advice about eviction of a long term tenant (more than 25 years). I am from Maharashtra. My grandfather rented a shop without any written agreement. At that time the rent was about Rs.25/month. After my Grandfather passed away the rented property got transferred to my father. We are 2 brothers in dire need of financial support. The tenant is only paying a rent of Rs.400/month (the current market rent is around Rs.10,000/month). Sir, is there any possibility of evicting this tenant in the absence of any written agreement and how long will it take to get the shop back by court orders?



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Question:
Should Public-Private- Partnership (PPP) projects be brought under the ambit of Right to Information (RTI) Act 2005? -- anonymous

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Question:
Can a consumer court forum refused to hear the consumer complaint on summary trial basis that the damages claimed are not justifiable and quantifiable, if all the supporting evidences of the consumer are in order and the opponent is not accepting consumer court’s summons and does not attend the hearing at all.

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Question:
A month post-dated cheque was issued to me against a friendly loan amount by my friend. When I deposited cheque the same bounced. The remarks of Bank are “refer to drawer of cheque”. I called my friend, he is not responding my calls and is away from city and seems has also left his office job. What legal action I can take.

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