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567 Comments

  • Asad says:

    hi, can the society object to any internal modifications (including washrooms) if it doesnt change the external elevation or structure. Pure internal modifications

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  • Asad says:

    Can the society object to any internal modifications?

    View Comment
  • Chirutha Shetty says:

    Dear Sir,

    I own a flat in Nerul , Navi mumbai & it’s let out on Leave & License basis.The flat has a covered stilt parking which my tenant is not using at the moment.I plan to park my car there.Can the housing society deny me to do so?I’m confused because I’m not staying there & the flat is rented.

    Thanks in advance.

    Regards,

    View Comment
  • Chirutha Shetty says:

    Thanks a lot for the reply sir,

    I would like to add some details.I’d purchased the flat as resale & not from the builder.The previous owner had the car parking allotment letter from builder which now I have.Also he signed a declaration saying that he is transferring all the rights regarding that alloted parking space to me.I dont have any allotment letter from the housing society.Soceity has not given the allotment letters to any members.Do you think I can claim the parking space on this basis?

    Thanks & regards.

    View Comment
  • Chirutha Shetty says:

    Thanks once again Sir,

    Do you have branches in Mumbai?If yes,I would like to visit you.

    I guess the Supreme Court judgement came in 2010.I purchased the flat after that:-( The flat was purchased by the first owner in 2007 from the builder & I purchased it recently from the first owner.In this situation whats your say?Do you still think I’m the owner of the car space?

    Can I call you?

    Regards

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  • Chirutha Shetty says:

    Thanks a lot for ur reply.I’ll call you if needed.You are doing great job.thank you.

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  • Ravinder Kumar Rohilla says:

    Our Society was built in 1999 and possession handed over to members in March 2000. At the time of allotment of flats stilt parking was wide open and members were parking cars at their own sweet will without disturbance to any one as number of cars was very less that the parkings available. Over the period of time, number of cars increased and there is accute shortage of parking under the slilt. By 2004 slilt parking was full and members starting parking in common open space. Now the problem is that those who occuped car parking space under slilt before or over 10 years now are not ready to move their vehicles out but instead threaten and dares other to touch their cars. Stilt parking charges are Rs.300 per month under slilt and Rs.200 per car for parking in open. The present managing committe do not have solution to this problem as several suggestions have been made to the owners for rotational parking, leased parking, sale of parking but nothing is happending. It is dadagiri of owners parking under stilt for long at the expense of other allottees. Kindly suggest ways and remedies for this problem.

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  • Oliveiro Carvalho says:

    Dear Sir,

    Our Society had charged us the Property tax Rs. 4632/- when the actual was Rs. 2836/- in anticipation of hike in Property Tax from 2000 onwards.

    Now the Municipal Tax has increased from 2010 to Rs. 5676/- and prior period it is Rs. 2836/- only.

    Can you please advise:

    1) It is duty of the Society to refund us the excess amount collected from 2000 to 2009 or

    2) The Society has informed me that it is time-barred.

    If it is time barred, can you please suggest how can I recover this excess property tax which is collected by the Society

    I have the AGM this Saturday, 24/08/2013.

    I will be grateful if you give me this advise/revert to me before 23/08/2013

    Thanking you.

    View Comment
  • Oliveiro Carvalho says:

    Thanks for the reply
    I am stay in Mumbai and normally Society pays Property Tax on our behalf and collects from us which is included in the Monthly bill

    Can you please inform me the procedure to get the refund and justice

    Thanks

    View Comment
  • Prakash says:

    I would like to buy a trust property (2400 Sq. ft of Vacant land) comprising of 600 members in Chennai City through court auction only. What will be procedure, duration and court fees involved for this sell auction and quote the Law section for the same.

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  • Davinder Singh says:

    Dear Sir,
    My parents are living with me in USA, they own a flat in Vikas Puri which needs to be converted to free hold, and eventually sold. They both are Indian citizens. Now a days my mom is not feeling well to travel to India. Can this conversion be done without they personally being there. We are willing to pay expenses for this. If possible, could you please explain what this process will entail, and approximately the time it can take. Thanks. …… Davinder

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  • Sir, We are 20 persons want to become member of your CONSUMER PROTECTION CELL, so that we all don’t have to go to the Court regularly. As enquired from yourselves, the representative of the CONSUMER PROTECTION CELL will attend all the court proceedings and ultimate benefit will be to the members (i.e. we the 20 persons).

    View Comment
  • Sunil says:

    Do you have representative for Mumbai and Thane Region.. Please connect me

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  • alok says:

    OUR SOCIETY HAS CONVERTED THE UNDERGROUND PARKING INTO COMMERCIAL BANQUET HALL EVEN THEY ARE ALLOWING OUTSIDERS TO BOOK THE SAME, WHICH HAS CAUSED SECURITY CONCERNS FOR THE RESIDENTS. PLS ADVICE THE REMEDY SINCE THE PROPOSAL WAS PASSED BY THE EOGM CALLED BY THE PRESIDENT/SECRETARY OF THE SOCIETY. our society kailash apartments, sector-4 has started this wrong doing recently

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  • ven says:

    Car parking being messed up by bird droppings from first floor windows. How can this be take me up with first floor owner

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  • vinay says:

    in the recently amended by laws of co-operative societies, it is mandatory to hold AGM by or before September 30. The new model bylaws were to be adopted by societies before April 15, 2013 through a SGM. our society has not adopted new by laws but is holding AGM on September 15, 2013. will this AGM be legal.

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  • Ratna says:

    If a trust is created for faudulent purposes and uses unethical means to raise money, who should be addressed to, for a complaint

    View Comment
  • OP Pandya says:

    I need legal advice on following case.

    Can I file consumer complaint based on following facts?

    1. False Medical certificate issued.
    2. Based on it 498A,323 and 406 case filed.
    3. From RTI application came to know that no procedure followed in issuing medical certificate.

    Like

    a)A medico-legal case is a case of injury/ illness where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential to establish and fix responsibility for the case in accordance with the law of the land.

    Medical Officer or hospital , issued medical certificate did not informed law enforcement agencies

    b)A medico-legal report is one, which is prepared for the purpose of litigation – imminent or prospective

    1. Request by the patient or the persons accompanying, not to register a medico-legal case, should not be acceded to, by the medical practitioner. He should use his judgment and experience. If he/she thinks that the case needs to be reported to the police, he should do so without fail and without any delay. Not informing the police of such cases may invite trouble to the doctor u/s 39 CrPC [Criminal Procedure Code (cases wherein public is duty-bound to inform the police)] and S.177 & 201, IPC [Indian Penal Code (giving false information & causing disappearance of evidence)].

    Medical Officer didnot follow the procedure and did not inform police.

    c)According to the Hon’ble Supreme Court, “whenever any medico-legal case comes to the hospital, the medical officer on duty should inform the Duty Constable, giving the name, age, sex of the patient and the place of occurrence of the incident and should start the treatment of the patient. It will be the duty of the said Constable to inform the nearest concerned police station or higher police functionaries for further action”.

    No procedure followed by Medical Officer or hospital.

    d)Every big hospital usually has either a police post at the casualty or has a police official posted there for medico-legal cases. Police should also be informed regarding the discharge/ death of the said patient in the Casualty/ any other department of the hospital

    No procedure followed regarding discharge.

    e)Whenever examining a woman, it is preferable that a lady doctor should examine her, or, wherever this is not possible, a female disinterested attendant (nurse, etc) should be present during the examination

    It was not examined by female disinterested attendant.

    f)A doctor is required to keep secret all information regarding the patient that he comes across during the course of his treatment. Medico-legal reports are no exception and are to be treated as strictly confidential. They should not be issued directly to the patient. They have to be handed over to the police official, after getting them duly received on the carbon copy of the same. Copies of the MLR can be handed over to the patient/ his relatives, as per the prevailing rules of the doctor’s hospital, and after the requisite fee has been paid by the patient

    Medical certificate issued directly to her.

    g)While discharging or referring the patient, care should be taken to see that patient receives the Discharge Card/Referral Letter, complete with the summary of admission, the treatment given in the hospital and the instructions to the patient to be followed after discharge. Failure to do so renders the doctor liable for “negligence” and “deficiency of service”. In N. K. Kohli v Bajaj Nursing Home, the Madhya Pradesh State Consumer Disputes Redressal Commission said that “issuance of the discharge certificate is the mandatory duty of the treating doctor and the Nursing Home/ Hospital and the non-issuance of the same amounts to grave negligence and deficiency (in service) on the part of the doctor and the hospital”.

    No discharge card.

    4. I am indirect consumer of medical certificate as case gets filed taking basis of medical certificate. I have all documentary evidence.
    5. Supreme Court says that 498A is “legal terrorism”.
    6. To stop such false cases action should be taken against doctor in delivering negligence.
    7. When I say False certificate, it means there is no documentary evidence other that MLR. There is no history taken by doctor. There is no self-written or signed application received by Medical Officer for MLR. There is no procedure followed by Medical Officer.There is no information given to law enforcement agency. Also in 498A,323 and 406 FIR, it is mentioned that violence is caused in city other than where MLR is created. There was no police complaint before MLR. Patient on its own go to hospital and medical officer created false certificate. Photos was taken by not certified photographer but by commercial photographer which raises authenticity of photos. Photographer was hired by patient. Taken all this into account how can it be trusted that MLR is authentic and not FALSE.Also there is delay of 2 days in submitting fee/charge for treatment and getting MLR, whereas if any self sufficient patient comes in government hospital outdoor receipt must be created first by paying the fee or charge and then treatment will be given if there is no emergency which is not in this case because in MLR it was written that bruises was of 3-4 days before the treatment. So what made medical officer to create MLR is such hurry without following any procedure or in other words I say by breaking all procedure.

    So, taking medical negligence as basis can I file consumer complaint.

    Thanks & Regards

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  • D.C.Misra says:

    I have a 3 BHK flat in Chinar cooperative Group Housing Society in Sector 18 of Dwarka. How can you assist me in conversion of my flat to freehold

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  • SmretiSmriti says:

    Sir please provide details of contact address of registrar of companies in delhi

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  • anamika says:

    I am residing in a society flat at 3 rd floor facing problem of water seepage from bathrooms of toilets from the member staying just above me (4th floor). Inspite of repeated request by me, and other society members he is not getting it repaired. though i have written to society management, but they also shy to take some action. I want to know rules under society by laws for members staying in society and affecting building by seepage etc. please guide me as it has created lot of problem in my two toilets and master bed room since last four years. anamika 9811198033

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  • akshay jain says:

    sir we got a membership in jagjiwan housing society vasant kunj 1312society no the details are also in your site want to know status and second if i can sell this membership third what legal formalities i can do on society

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  • Gaurav Kumar says:

    Hi Sir, I am a regular follower of your website. The website gives a lot of useful knowledge. My question is What is the meaning of Prejudice as per law? Secondly What is the meaning of With Prejudice? and Without Prejudice?

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  • Mr Kumar says:

    Hi Sir, I request you to please explain the meaning of this………This Demand is without prejudice to the Companys right to realize all outstanding dues alongwith interest, on delayed payments, if any as per the allotment letter.

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  • HITESH says:

    Sir, I have purchased a 2bhk in Kalyan (Maharashtra) and got the same registered it about an year back. At that time the builder had told me that he will give me an allotment letter for stilt car parking (verbally), he gave the same to me. Car parking is nowhere mentioned in the agreement.Only document I have is the allotment letter for stilt car parking given to me by the builder.Now the society is formed and few members (who don’t have the car parking allotment letter) are objecting and creating disputes regarding this car parking. My question? 1)Since builder has issued a stilt car parking allotment letter can any body including the society oppose the same and prevent me from parking my car?
    2)Is this stilt car parking letter valid legally? Please advice?

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  • kusum says:

    Dear Sir, Greetings! we have a flat in NavNirman CGHS,sector-2,dwarka,new delhi, which have 120 members. On 17.3.13. RCS office conducted election and the members contested election, were unopposedly elected. The persistent defaulters threatened them of drastic consequences and by fear they resigned en masse from MC. These defaulters made their own ad hoc committee without adhering to the provisions of section 35(1) (2) of DCS Act,2003. Members represented RCS. RCS again deputed a RO to conduct MC election. The ad hoc committee headed by a secondary member as president and defaulters as scey and non-eligible members became members of the committee. They convened gbm with 15 members and took policy decisions like enhancement of maintenance charges. 90% members are not paying the enhanced charges as the ad hoc committee has no locus standi. This matter was also brought to the kind notice of R.O. But members did not get any response from him, despite the fact that RCS informed that now R.O. will take decision.

    Kindly advise whether ad hoc committee may convene gbm and take policy decision when the R.O. has been appointed by the RCs. Moreover, the committee does not exist of primary members. they just highjacked the society as a retaliation since they first lost the election in 2010 and now they have not been permitted to contest election on 17.3.2013 on being defaulters by the R.O. of RCS. I shall be highly grateful for this common cause.

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  • Gaurav KUMAR says:

    Hi Sir, The Situation goes like this. A body or an organisation has introduced the Project for building the residential flats. The problem is only the employee name will be entered in the form by the time the possession of the property takes place. The employee has worked for this organisation. The possession of the flat will be in the year 2015. Please inform What legal document or an agreement or anything permitted by law can this person do so that to make sure his Son’s name is entered in the property. What legal route can be followed for this before the year 2015. Can Father and Son sign an agreement permitted by the Court of Law for this property. Please advice………Thanks and Regards Gaurav

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  • sanjeev kumar jain says:

    sir,i am a member of atam vallabh cghs sec-13,rohini delhi. i want to know the rule/base of charging maintenance charges in ghsocy.in a recent judgement when the Bombay High Court passed a judgment in a matter upholding the concept of equality and directed the concerned CHS to levy maintenance charges equally for all members. In a Writ Petition of Venus CHS Ltd and another, Justice R J Kochar delivered a 19 page judgment.to charge equally not on area of flat wise. Pl. advise on the issue.

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  • Kailash Mhetre says:

    Can any body give me a copy of notice to be sent to builder for forming an association under Maharashtra apartment ownership act 1970 out of 9 ,7 flats have been sold and taken possession.

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  • S. JAIN says:

    SIR, I AM A MEMBER OF CHS IN MUMBAI. I HAVE BEEN HOLDING 3 CAR PARKING SPACE FOR THE LAST 25 YEARS + & HAVE BEEN PAYING THE MAINTENANCE REGULARLY FOR THE SAME. THE SOCIETY HAS NOW ASKED US TO VACATE 1 PARKING SPACE. I HAVE 3 CARS & REQUIRE SPACE FOR THE PARKINGS. COULD YOU PLS ADVICE. REGARDS. JAIN

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  • Manan L says:

    dear sir, in our society there are two groups formed, previous committee and current committee. though the current committee have done some good things, but as usual some decisions have been bad. hence before agm these few committee members have resigned. and all the politics behind the scene have made the two groups aggressive come face to face. Also, the old committee wants to come in power again. making things worse, the opposition group wants to dissolve the current committee. and the current committee does not want too. in fact, current committee is now left with just 2 members cos others have resigned. of 90 flat owners, 10 members want to go to registrar office with formal legal things. question: 1. what and how the registrar office take action? 2. will committee members of the old and new, will be accountable to the audit? 3. what happens to the current expenses as water, electric, sweepers, and staff, who is given right to pay the same. 4. if registrar feels, cos of the group-ism the society is suffering, he might not take any action only. and let the current committee proceed with work? has any such example happen. thanks

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  • sanjeev kumar jain, says:

    ir i myself sanjeev jain is secretary of ATAM VALLABH CGHS,sector-13,rohini,delhi-85.in our socy we have MIG,HIG,SUPER HIG flats.MIG FLATS DONOT HAVE lifts.from 1992-2004 maintenance charge were based on area of flat wise including lift charges. from 2005 lift charges were separated and mc were 500 for MIG 700 for HIG/SUPER HIG. NOw as per mumbai high court decesion it shoud be same irrespective of area.What is the legal situation according to RCS Act.After ur initial reply/ comments we shall be able to judge ur association with our socy. we may become ur member and take all legal advise from ur panel.so pl. advise for this querry free. THANKS

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  • uk saluja says:

    I live in a CGHS in Delhi. The MC had called an AGM on 27th Oct.2013. Meeting was cancelled in the forenoon of 27.10.2013 by giving reasons of non-availability of President, resignation by secretary and sickness of wife of officiating President. What options are now available to members.

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  • Amit says:

    I am resident of a Society in Dwarka , recently my friend has purcahsed a flat recently in same society and have got the registry done, the flat is freehold but due to my diffrences with Presiden t of the Society the present MC is unnecessary troubling my friend. As he and the seller approached the president for NOC but the Said that he will call a AGM and decide that weather my friend is fit to stay in the Society or not ( which never happened earlier) though we have got the sale deed registered without NOC from society. Now my friend wants to get some repairs done in the flat before moving in, and asked MC to permit the repair works ,now the President is demanding 50K as donation to Society and not allowing to carry out the work . Whereas last 2 flats deals in Society none of buyer or seller paid any such amount. Please advise the remidy avaialbel to us in such circumstances and can they deny to get us membership of the Society?

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  • shivani says:

    mam i want help mera aur mere uncle k joint business hai per ab wo batwara nahi kar rahe h. jab tak sath business tha cahcha n wahut s jamine kharidi uske profit s aur aapne nam karwa li but papa k nam per ek badi land thi jis per uncle rice mil lagati to us pe bank s 50 lakh k lone le liya ab mill band h per lone chal raha h main cahti hu k sari property k batwara ho but wo na h mill bechne de raha h aur na h mill k koi machine jisse kuch ho ab time esa aa gaya h k wo nilam ho jayegi sayad aap mujhe bataye k kya kiya jaye mera uncle wahut kharab h ladta h aur kuch dena bhi nahi cahata ghar m dadi h wo bhi nahi bolti m kya karu aap h bataiye plz . m ghar k badi beti hu mummy dad sidhe h choti sister hai aur ek bhai hai jisko autism hai please guide me

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  • ANIL KUMAR YADAV says:

    (1) WHETHER PRESENT M/C OF HOUSING SOCIETY CAN RECOVER ON ITS OWN; AMOUNT OF ANY EXPENDITURE INCURRED FROM OFFICE BEARER OF THE PAST COMMITTEE. (2) HOW MANY MEMBERS AND UNDER WHAT CIRCUMSTANCES CAN THE M/C OF CGHS CAN COOPT IN THE COMMITTE. WITH REGARDS

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  • Manoj San says:

    can government employees make ngo in delhi

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  • shyam sunder says:

    sir/Madam, I am one of the 76 members of manokamna CGHS 16/18A pase II dwarka.Our society raised demand of rs 135000 in oct 2013 for depositing rs 98 lacks to DDA towards ground rent but ony 88 lacks could be collected and same is deposited with DDA .The construction of the society is over in the month of sep 2011 and I have deposted all the amount raised by the society.Our society is under the control of builder and I doubt there are so many defaulters( fake members).Society was got cleared by the builder from the CBI also requesting your good self please show us some way how to get rid from the builder and gets our flats.

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  • Krishna Deshmukh says:

    I stay in a housing society in Mumbai. About 3 years ago, the then managing committee proposed extra parking charges for the 2nd car, 2 two wheeler, i.e. Rs 100 for 1st car, Rs 200 for 2nd car, and likewise for 1st two wheeler Rs 25, and Rs 50 for 2nd two wheeler. No such increase was made for members owning one car and one two wheeler – they paid Rs 100 (car) and Rs 25 (two wheeler). Since most of the members owned just one or no cars at all, the proposal was passed by majority. My arguments , and rightly so, that there is sufficient car parking space in the society premises, fell on deaf ears. In fact the society has also earned additional amounts by way of overnight parking (said to be by guests of members), then where is the question of non-availability of parking space? Kindly advise if this is acceptable as per the present / then bye-laws. Thanks & Regards.

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  • Abhijeet Katkar says:

    Hi, Abhijeet here from Pune, I am leaving in a society where there is no fixed stilt parking alloted for any of cars where as there is 1 parking each for two wheelers, we generally park our cars in open space & now our society is proposing to charge Rs. 200 per car & Rs 100 per extra two wheeler where as first two wheeler will be free, I just want to know whether this is legal or not.

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  • sawa says:

    do mada flats requir to be registered and if yes what would be th e approx amount for 485 sq ft flat.

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  • A Mehta says:

    I am staying in Bangalore. I had purchased a flat in one of the Apartment buildings over here. I got a car park with the flat and the sale deed mentions that the car park bearing the no. of my flat is assigned to me for the sole use and enjoyment of the purchaser (myself). Later, I also booked another flat in the same project and a car park was allotted to me in the similar way for the second flat also. While negotiating for the 2nd flat, I got an extra car park allotted for the 1st flat against the referral fees payable for the 2nd flat. There is no mention of this 2nd car park in the sale agreement. Other flat owners who have got 2nd car park or the dependant car park have got their 2nd car park registered separately.
    Do I need to get the 2nd car park registered as this does not form part of the sale agreement or just the allotment letter by the builder is sufficient? Can there be any dispute regarding this in future after the builder hands over the project to the registered association. Part of the project is completed just a few months back and rest of the towers are still under construction.

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  • A Mehta says:

    Thanks for the advice.

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  • Sunita says:

    Dear sir,

    I am an NRI living outside India. How can i get my DDA flat converted form leasehold to freehold? I have purchased the flat from first allottee in 2001 on PoA. I have all the original documents and paid all the instalments due to DDA. Do you also help people to completed and apply to DDA to get the flats freehold? thanks

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  • mintu kumar says:

    Dear sir, Seeking your help to stop loot of public money by railway in ticket reservation. Railway is looting amount in 10 digits (by non-cancellation of wail-list tickets) by issuing wait list tickets and increasing this earning every year. There are 16 zones in railway (http://www.indianrailways.gov.in/railwayboard/view_section.jsp?lang=0&id=0,1,304,366,533,1007,1012). I have got the data of only three zones. Just for tip of iceberg I am
    sharing data of the zone which has lowest earning (based upon the data I have received) East Cost Railway division year-wise earning from non-cancellation of wait-list tickets:
    2008-09: Rs. 21,97,88,037 in 9 digits
    2009-10: Rs. 25,21,23,046 in 9 digits
    2010-11: Rs. 27,80,70,887 in 9 digits
    2011-12 Rs. 34,52,63,646 in 9 digits
    2012-13 Rs. 40,26,10,405 in 9 digits
    What is more worry for me as a citizen is that year-wise earning from non-cancellation of wait-list tickets is increasing substantially every year in all the zone whose data is with me and it is proved fact that passengers that booked wail-list tickets but not cancelled them means either they have travelled in bad conditions as unauthorised
    passengers or have left the money with railway. In either of the case railway is earning (looting) in huge amount without providing any facilities like East India Company used to do.
    Sub-section 2 of section of THE RAILWAYS ACT, 1989 No. 24 OF 1989 as published in THE GAZETTE OF INDIA EXTRAORDINARY: 51 says “If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled. to a refund of the difference between the fare paid by him and the fare payable for the for class of carriage in which he travels.” Whole bare act can be found at: http://www.indianrailways.gov.in/railwayboard/uploads/codesmanual/Railway_Act.PDF
    But passengers are not getting any such refund as mentioned above and this railway getting illegal money every day. Railway intentionally not making known this rule to passengers and further this rule is being used to get regular revenue. Railway having vast experience and being single player, rather than preventing such loot, issuing wail
    list tickets whereby its earning increasing every year. E-ticket cancellations fetch railways Rs 750 crore
    S.No. Years Tickets sold (lakh) Ticket sale income (Rs crore) Revenue from cancellation charges (Rs crore)
    1 2005-06 25 317 2.85
    2 2006-07 68 678 5.79
    3 2007-08 189 1,700 15.61
    4 2008-09 440 3,883 99.42
    5 2009-10 719 6,011 190.63
    6 2010-11 969 8,007 235.37
    7 2011-12 1,161 9,498 198.80*
    (* Cancellation figures up to December 2011)
    Source: http://timesofindia.indiatimes.com/city/mumbai/E-ticket-cancellations-fetch-railways-Rs-750-crore/articleshow/13418793.cms
    What is more worry for me as a citizen is that year-wise earning from non-cancellation of wait-list tickets is increasing substantially every year. Is there no liability on railway to take steps to stop such loot?
    My basic prayer would be
    1. either railway issue only confirm ticket or if it issue wail list tickets, it must arrange required berth (Reason: Railway know well in advance that how many passengers in reservation class would be travelling on particular date and it be contractual obligation of railway to make necessary arrangements)
    2. In case of RAC ticket (wherein two person share one berth) fare of one berth be charge equally from same instead of full fare of one berth by both the passengers (Reason: railway is getting double profit while both passengers of RAC are paying full fare for a berth and not getting entitled facilities)
    3. Ticket cancellation charge/fee be taken only from the passengers with confirm berth (Reason: No loss incurred if passenger, with RAC tickets or wail list tickets cancel their tickets no berth become vacant)
    4. Appropriate number of trains with total unreserved berths be introduce on heavy traffic routes like Jansadharan Express on Delhi-Patna route)

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  • Aditya says:

    Dear sir, I own a flat in Navi Mumbai. I use the open car parking space which is not allotted to any member in particular for parking my car. The society used to charge an amount of Rs.100/- per month as the parking charge . But from August 2013 onwards it has been charging an amount of Rs.1000/- per month as car parking charge. Is it legal?

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  • Satish says:

    I live in a cghs society. The flat owner above us refusing to get repairs done for seepage. I have writen to our residents society for 3 yrs. What can I do ?

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  • A Mehta says:

    I had booked an apartment in a project in Bangalore in 2007. The project had stopped for 3 years after the economic downturn in 2008. At the time of booking, we were told that there will be 5 towers with varying floors, the tallest having 3 wings with 19, 21 and 23 floors. I had booked the apartment on 21st floor so that I will have full privacy and no other flat will overlook my apartment. Now 1 tower is completed and other 2 are in varying stages of construction. The builders have now scrapped the plans of having 4th and 5th tower of about 17 floors and in its place is building one tower of 49 floors. This is going to invade into my privacy so that my paying premium of 21 floor is a waste of money. Is the builder’s action justifiable and do I have any recourse against the builder for going back on their promises made during the time of booking the apartment. My apartment has been registered and interior work in the flat is also completed though I have not yet moved in. I have printed brochures and website downloads which show the still to be constructed apartments, now going to be built in Stage 2 as towers with 17 floors.

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  • GR Gupta says:

    There was a Supreme Court Judgement in which it was stated that the open car parking spaces cannot be sold by the
    builder in their societies. I was not aware of this judgement and paid Rs. 2.5 lakhs for an open car parking in the year 2011. Now I am asking the builder to refund me this amount as as per SC judgement he cannot charge for an open car parking. The builder is saying that you had yourself purchased an open car parking so he would not return the money. What should I do? Please advise.

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  • Aslam Waris says:

    The external wall / cement mesh which covered my bathroom fell off on 15 Dec 2013, leaving the flat vulnerable to theft and other issues like birds. Requested the society that we have never been defaulters and to look into the repairs of the collapsed portion but were told by the Secretary that what monthly maintenance charges you pay goes as RENT for your flat and nothing else and society does not have sufficient funds as there are many defaulters. So is it correct to let an honest paying member suffer for society being unable to recover money from the defaulters. Moreover there are other unimportant works being done like installation of speed breakers, installation/provision of mail-boxes, etc. which do not pose a hazard as that faced by me. Is the society not bound to do this repairs. This is all I want to know and whom to approach in case this is still not attended to.

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  • Aslam Waris says:

    Dear Disputes Settlement Trust, My society is based in Mumbai. It is a co-operative housing society consisting of 10 buildings with a common wall and gated. I have purchased the flat in April 2009 from the previous flat owner with the society’s consent and currently hold the society’s share certificates in my name. All the buildings were built in 1983. I have the Agreement of Sale which has been duly registered and has the seal of the Sub-registrar. With regard to Bye-Laws I have not been provided a copy by the society office. However as per the society bye-laws if there is any works required in the interior of the flat the same will be borne by the tenant and all repairs to the building exterior will be borne by the society.

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  • Aslam Waris says:

    Dear Sir, Shouldn’t the cost of the lawyers fees / litigation be borne by the Society as it is a clear case of harassment by the Management. If the society does not have funds how is it incurring expenses in the relatively not so critical activities like replacing new mail boxes and new name plates for all 280 members of the 280 flats in the 10 buildings of the society. Could you suggest the name of any lawyer who could take this up. Regards.

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  • Dipak says:

    I am Dipak living in pune. One of the flat owner in my society is selling his Flat and I am willing to purchase parking area he had purchased from builder. One thing is that our co-operative society is not formed. So can I go for it and what is the procedure and documents required for that.

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  • Dipak says:

    Dear Sir It is not common parking. It is owned by the flat owner who is selling his flat and parking.

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  • Ramesh B Mhadlekar says:

    In a dismissal matter the labour court modified the punishment from dismissal to compulsory retirement with all retirement benefits,but the employer wants to deny the same and is filing a writ petition with High court,whether during pendency of hearing I am entitled to get subsistence pay or pension which would have commenced on implementing the award,while the employer wants to deny the same therefore is going to High court.

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  • SUNIL GUPTA says:

    I LIVE IN A C.G.H.S IN DELHI I.P.EXT. MANAGEMENT HAS DECIDED TO GET REPAIR WORK AND WHITE WASH IN THE SOCIETY FOR WHICH THEY GOT THE APPROVAL IN LAST AGM HELD IN DEC “-13” . MC DECLARED THAT THEY WILL GIVE ALL THE BREAK UP OF COST INCURRED BY WAY OF LABOUR AND MATERIAL. NOW THEY ARE NOT WILLING TO GIVE ANY DETAILS, BUT DEMANDING THE PER FLAT SHARE. CAN WE THE RESIDENTS CHALLENGE THEM FOR NOT FULFILLING THEIR PROMISES. THANK YOU….REGARDS. SUNIL GUPTA

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  • parveen gupta says:

    Dear Sir, I am living in Vasundhara Ghaziabad. my flat is on 6th floor. On 6th feb when I was out station I got a call from security guard stating that 5th floor owners want to fix shed in balcony so need your help. I replied that I am outstation so ask them not to do anything until I return. But when I came back I found that they have fixed sheds in all the balconies. 1. and surprisingly width of sheds are more then 3 ft & lengths also 40% more of the length of balcony. 2. And more surprisingly shed are fixed in the lentre / concrete slab of the floor. 3. When I tried to remove the sheds he came and threaten me for life saying that he is local. So I would like to seek you advice : 1. whose right on the lentre / concrete slab-upper floor flat owner Or lower floor flat owner. 2. How should I Protest and fight legally. Their is RWA in our society and maint. is paid to the society RWA. Builder is not involved in any day to day matter. Regards. Parveen Gupta 9891379037

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  • amol bhujbal says:

    Dear sir, My name is amol bhujbal and stay in mumbai thane district. i had a query that is it legal to construct the cement shed on a terrace flat and to cover it by grill. our secretary, chairman had done so and because of that other member are asking the permission for the same they had constructed shed on the terrace without any approval in agm meeting. we all had decided that we will not allow any construction of shed to any terrace flat member but by using there position power as a secretary and chairman they had not taken any permission and created the shed. so i just want to just ask you that whether it is legal as per bye laws of the society act. Pls revert i am feed by resigtrate because they are just postponing the case from three years now. and i want to file case against this committee member.

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  • Shashi says:

    Sir, I am a flat owner in a group housing society in Greater NOIDA. Some members of the Management Committee of the Society had encroached upon one of the designated, in the approved layout of the society, common open parking areas and built a temple and a dwelling unit for the pujari despite the lessor not having approved the proposal. Upon reporting matter to both the promoter and the lessor, I am advised that they will do nothing. This is in writing. Are they right and am I helpless in the matter or a remedy exists? Let me clarify that I am not against temple per-se but against permitting any encroachment because if this is allowed to stand, then everyday someone will come and do some other encroachment and there may not be any open space left for me.

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  • Shashi says:

    Sir, Many thanks for a quick response. Will it be too taxing if I could be advised about the applicable laws and the particular sections to satisfy myself that prima facie, a case is made out as suggested. Thereafter, I will seek assistance to file a complaint

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  • Vipul Desai says:

    Dear Sir, I am residing at Mumbai and owner of flat in the Society. Our society has open and stilt car parking allotted by Builder approx 176 (stilt parking by way of sale agreement approx 50 and balance 126 open car parking allotted by builder showing Rs 5000 deposit letter). Society created some extra 33 space and allotting on lottery for this 33 space.I have not purchased from builder as per law it is illegal for builder to sale open space. I have filed case in Co-Op Society in Mumbai challaging resolution passed by society on Majority to do lottery of extra space created by them only for few members whereas those who have got allotment from builder for open car space by way of deposit of Rs 5000 they are not doing lottery for them and they consider it as permanent and transfarable as per Society. Even for me they took Rs 5000 deposit and first alloted space then once more members applied for car parking they did lottery for this extra space but only for few and not for all. I challanged the same in court and matter is in court. They imposed penalty on me of Rs 10000 last year for not giving back car parking space as my name did not come in lottery in 2013. But after some time in 2013 they re-allotted me space for 2013. But i did not paid penalty and filed case challaging resolution of doing lottery. They passed resolution general that any member violate laws of society will be imposed penalty of maximum Rs 10000. this was for general matter, but last year they imposed the same and for current 2014 lottery, they excluded my name for lottery (i had appllied for lottery under protest as case was filed) mentioning you have not paid dues of society. I am paying all maintenance in time except for penalty for which case in the Co-Op court for challanging lottery for parking matter only for few and not for all lottery. And they are asking me to vacate parking which i refused. Again last week they raise one more penalty of Rs 10000 on me for the same reason. Please advice. As per what i know, open car parking is for all and if they want to do lottery, it should have been done for all and not for few member who have not purchased car parking from builders. Please advice. Vipul

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  • aditya says:

    If builder mention two parking slot on the sale agreement as per Maharashtra society act of an flat owner whether it will become property of owner and he can sell it at the time of selling flat. Secondly can society charge mantanance on extra parking allotted to some owner of the respective society which comes under common area, third whether society can cancel the second parking which builder has allotted to some owners were it has mentioned in the agreement by the builder.

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  • Vipul Desai says:

    Dear Sir, Thanks for your advice. I have even given recent judgement you have put on your website that penalty can not be charged by Society.But Society does not accept that judgement saying that it is for Delhi and not for Maharashtra. Secondly, as i told you that my case is at Issue stage in Maharashtra Co-operative Court and next date is in June 2014. But society removed my application in lottery (they are doing only for few and i challange resolution in court) saying that penalty not paid and o/s in dues. Now they have instructed the security that once my car go out , not to take back in society as they send notice to vacate parking space and also imposed penalty again for this year for not vacating space. Can you have any judgement of Maharashtra Co-Op Court after 2010 whereas they declear that lottery to be done for all as open and stilt parking is for all and builder can not sell. Nalchand Vs Pancholi judgement they do not accept saying that it is for 2010 year onward applcable and not restrospective effect. Please advice. Vipul Desai

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  • Vipul Desai says:

    Dear Sir, I have email to Mr Raminder Singh Sahota , Advocate last week but did not got any reply. I am based in Mumbai and he is based on Delhi. So personally meeting is not possible. Please advice. Regards. Vipul Desai

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  • Jyoti Prasad says:

    I am writing this comment to thank for your immediate response on this web-site. I have not seen any other organization or web site till date, which gives to the point and immediate response. I am also very grateful to you to connect me to your legal experts. With their assistance & guidance, I won 2 cases, 1 in Consumer Forum and another 1 in High Court. The only draw back I should say is they take more fee and they take in advance only. But I am proud of them. They are very honest, sincere & hard working. My thanks again May god bless you for this social cause for helping the public.

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  • archana says:

    Dear sir, I stay in a group housing society in Dwarka, Delhi. I am facing problem of seepage from the flat just above me due to seepage from the three toilets since last five years. It has caused lot of damage in my flat two toilets roofs and walls leading to breaking of wooden frames of ventilators, pop and paint totally removed and associated deemak problem started. Our balcony walls also got affected due to seepage from other toilets. We have communicated this to them many times but every time they do not bother to get it repaired saying that we have already changed the pipes when we shifted in the flat at the time of possession.i.e. five years back. since seepage is not affecting their flat they are not bothered and just keep on giving false excuses to postpone the matter.
    In fact when they were getting work done from that time seepage started and i informed them at that time also about checking the work of contractor, but they did not bother. Now in spite of lot of reminders to them, they are not repairing the toilets. We also wrote to management (MC) many times about this damage, they also went to their flat to pursue for repair twice and gave recently one notice after five years of our problem. But still i do not see any results and i am sure management will not do any action on them just to be in good books. Now i want to get your guidance that what should we do under such circumstance. Regards. Archana

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  • archana says:

    sir, I just want to know about our rights as member of group housing society, what we can do to resolve the problem. Before going for a major action, we should be sure of our stand and know what can be done as per CGHS rules. You are right that my sister sent the mail but keeping in view that those are our neighbours we did not persue for legal action. It is not that we are not serious about the problems faced by us, but now after giving more time, i have made up my mind to get compensation as well from them as already i have spent so much money on the repairs and paint work done in places of seepage.But those people are not listening and repairing. Even MC sitting silent , that is why i mailed to know way out? thanks. Archana

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  • Vipul Desai says:

    I am enclosing herewith Maharashtra Co-Op Court no 4 (My case is also with same judge) judgement for our area Other Society in parking matter in 2011. Can you please read and advice whether can i give this copy to my society related to my matter.

    As per enclosed judgment what i understood is that Builder has sold the stilt parking to few members after society got registered and hence court give decision that stilt parking cannot be sold by builder after society is formed / registered.

    But in my case builders have sold before society registered / formed. So does this judgement applicable in my case. Can we give this copy to my society ? and what justification i can give to society while giving this.

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  • Dr Serena DSouza says:

    My flat is registered in the name of Dr Serena D’Souza. I am receiving bills in this name also.However, in the AGM minutes reference have been made to me in the name of Ms S D’Souza. Kindly give me advice in this matter. Thank you. Dr Serena D’Souza

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  • Ganesh says:

    Dear Sir, I have question do committee members can levy both parking deposit and parking charges for open parking? When the concerns raised by giving 25 members duly signed letter that we dont need parking deposit. Still committee members is not acting on it and advising us to wait until next AGM. Kindly advise even we are not getting any formal letter response for the same. Your advise and help would be highly appreciated.

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  • V V K M RAO says:

    we are worked as a employ in ARTHA TATWA MULTI STATE CREDIT CO.OPERATIVE SOCIETY in Andhra pradesh for one and half years, then we resigned, after six months the society CMD was arrested. After that all the members of the society in AP are erasing us though we are perfectly organized the society in our branch. So please guide us. Please suggest us that whom to approach and how to approach legally. Thanks & Regards. VVK M RAO

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  • Aruna Sanjay kadam says:

    sir, my uncle has fraudulently made such documents which proved him as sub share holder in our
    plot in Backward class society by taking in hand the chairman and secretary as well. my father is illiterate and he has taken all advantage to manipulate minute books etc. plz give solution if possible.

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  • Nilesh Lad says:

    Hello Thank you for your Support. I am in mumbai , My Soc Have given me a space in soc for office 5 yrs back and was decided in General body meeting , every year they increase the rent which i have been paying on time … now the committe members tell me go before 31st march 2014 without consulting General Body ….. My question is can they do that…..Please Reply Urgently.

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  • Naveen Aggarwal says:

    I want an advise from you for that i have applied for free hold to DDA on line on 3rd March 2014,but no response has been received yet from DDA till date though it was written that they will confirm us on mail in 12 days. It is already 25 days has been passed.What to do next? please advise us. I shall be thankful to you.

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  • Gaurav says:

    Please tell me is “The Supreme Court directive to Co-oerative Housing Societies in mumbai not to charge tenancy charges more than 10% of maintenance charges to the owners/ tenants is applicable to societies in Delhi- NCR also.

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  • dhansukh shethia says:

    I am having and owner of a garage in co op hsg scyty in MUMBAI since more than 25 years and paying regular monthly maintainance.I dont have a flat in the said scty. I was having an electric connection but it was cut off as I was unable to pay elec bill in time as I was out of station for some time.Recently in july 2013 I requested managing commitee to give no objection permission to reconnect elect connection and also requested to give me permission to carry out internal repairs of my garage.But scty do allowed me to even change cable or do repair work. I approached police but they told me that it is civil matter.However police asked scty to give answer of my various letters written to them. At last scty has given me letter to give undertaking that I will not do any commercial activities.I have not asked for any permission for commercial activities.In the said scty there are 7 such garages where diff commercial activities are carried out. I have not made member of scty though I am in occupation of the said garage before formation of scty.Scty do not allow me to sale garage to other than scty member.In vicinity of this scty,other garages of other scty are mostly occupied by doctors.I request to please give your advise as what to do.

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  • Navin says:

    I own a flat in a housing society in Maharashtra. While i was out of country for professional reasons my aunt (blood relation) and her family lived in my flat. There were no commercial terms or leasing agreement between us. They occupied the flat as family members and parked their vehicle in the premises as allotted by the society. All the charges including parking charges were paid by me, there are no defaults. Since my return i am renovating the flat in order to move in. My aunt for the time being has moved in other premise. Society is raising objection over parking of the car as it is not in my name. The car is registered in the name of family member. I have read the Model by laws 97th amendment Maharashtra Co_op Housing society act. But they do not answer my question. Can I continue to park the car as my family members car? As I plan to move in shortly. Is Society justified in asking me to remove the car? Awaiting your advice. Thanks

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  • Umesh Joshi says:

    I am a resident of B-505, Media Society, Plot no- 18A, Sector-7, Dwarka, New Delhi. I am member of the Society and original allottee of the house.

    The Managing Committee of our Society is constructing an additional room in the society without following the procedure laid down by DDA. The MC members are misguiding the residents that they have already talked the DDA officers and MC has got green signal from DDA officers with a condition that the matter should be kept very secret. The moment construction is complete, DDA will regularize the illegal construction by charging the penalty which is a nominal amount.

    I have been continuously requesting the Managing Committee to complete the legal formalities/ procedure before starting the construction but no heed was paid to my request. We, three members wrote a letter to MC in this regard in the month of November 2013. They ignored our letter and started construction.

    No map is yet approved by DDA. I have confirmed it from Director, Shri Amit Das. If the additional room is within approved FAR, then the map prepared by a competent Architect must be submitted to DDA for approval.

    Our society has 98 members. The Managing Committee consists of 6 members, of which five are the following office bearers and one Executive member. Her name is Kshipra Biswas.

    Soundeep Shanker (President)
    Rita Manchanda (Vice President)
    Brij Bhardwaj (Vice President)
    Sanjay Jha (Secretary)
    Girija Shankar Kaura (Treasurer)

    Presently, Only Secretary is residing in the society flat. Sondeep Shankar, Brij Bhardwaj and Girija Shankar Kaura have rented out their flats. Rita Manchanda has not yet shifted while the allotment was done on 9th Nov. 2012. Kshipra Biswas has given her flat to her brother. Almost the entire committee is non-resident. How do they look after the welfare of the residents.
    Moreover, the MC is spending heavy amount without taking approval in General Body Meeting. For Example-
    1.One AC and one LCD was installed in the society office.
    2. About four dozen CCTV cameras were installed in the society premises.
    3. Maintenance charges were fixed at Rs. 2500 per month.
    4. Car parking charges for the blood relation guests such as daughters, brothers etc. were fixed and charged Rs. 100 per night.
    5. About 100 chairs purchased.
    6. Rent for community hall was fixed Rs. 2500 for 3-4 hours.

    Kindly suggest me, what sort of legal action we may take.

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  • A.R.Makrani says:

    Sir,Hi, Dear Sir, i would like to ask you that i was the chairman of the society recently society given me Termination letter to me there allegation was i am fighting in the society and my contribution is nill but i have done all my effort for the society last 5 years i have no objection they given me Termination because i was also fade up so i given Resignation and they accepted and Sign sir i was force to sign bearer cheque as a petty cash i refuge because i am totally against those are misusing society fund in 5 years i have not taken single penny from the society i would like to clearify sir they can put allegation on me in future for the accounts. please reply me your cooperation is very much appreciable. A.R.Makrani

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  • Subhash Bhasker says:

    Dear Sir, I have recently converted my flat in a cooperative group housing society from leasehold to free hold. Now the society has received a notice for payment of ground rent. The amount has been divided equally by the Management Committee among all flat owners irrespective of whether they are free hold or lease hold. Can they do so? Am I not free from the liability of paying ground rent as I have already converted my flat to freehold after payment of conversion charges. Your guidance in this matter will help in ascertainment of my liability. Thanking you in advance.

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  • Suraj Bakshi says:

    Dear Sir, I had lot of queries on fighting my cases and I just came to this web site and came to know that in every reply you have given the advice to contact your legal experts. I contacted them and engaged them for my case going on in the Registrar of Co-operative Society, Delhi, another case in Consumer Forum, Noth Delhi, another 2 cases in Tis Hazari and Dwarka courts and one case in Delhi High Court. I just want to thank you for providing so much of information free of cost. I am very happy to deal with your Legal Experts who have taken up my all the cases. I just want to thank all those, who have started this Free Legal Advice web site. God Bless You All.

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  • Vikram Roy, says:

    I have given my house on rent for R.s16500 for 12 months and Rs.18000 for another 12 months, how much would be the registration charge and stamp duty payable ?? I have made one single agreement for 24 months and Deposit is Rs.50,000

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  • Deegalia Potan says:

    Can one take a municipal authority to Consumer court for clogged sewer lines? If so, will your NGO be willing to take on the case on a pro bono basis? It will be appreciated that there is no personal gain here except to get the municipal authorities in the country more focussed on providing the services. I have enough and more number of complaints without any action by them by the authority. I also have an agreement with the authority in which it has undertaken to provide sewage services as part of the agreement. Unfortunately, I do not have the monetary resources to pay the fees for the lawyers. Would greatly appreciate a positive answer.

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  • jaideep puri says:

    Dear sir my father transfer DDA MIG flat in dilshad garden new delhi to me under blood relation transfer scheme of DDA. How can i transfer property tax in my name. please advice legal obligation

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  • Raju says:

    Good morning, This is regarding a cooperative society in mumbai. the society consists of 600 share holders. The managing committee were 11 & have reduced to 3. most of the comt members have resigned. Now can these 3 committee members left conduct special general meeting.How they have to manage the expenses till the asst registrarcomes in action.Even the chairman has resigned. The c. members left are Secretaey, treasurer & Jt. Secretary. Pl help

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  • Dipesh Baheti says:

    I am planning to start online recharge website and online cloth shop in sole proprietorship. What are the taxes applicable for both. I live in West Bengal.

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  • mohan nadkarny says:

    I am an associate member of Talmakiwadi Co-op Hsg Soc. , Mumbai. I need opinion on adoption of “MODEL BYE LAWS” by all co-op societies in Maharashtra State, subsequent to promulgation of ordinance by the state govt.

    1] Are all co-op societies bound to adopt the “MODEL BYE LAWS” ? If the answer is yes, then what is the latest date to adopt the same?

    2] The above mentioned CHS appointed a sub committee during last AGM to look into the scope of the ordinance for its own bye laws and present their report to the General Body within three months from the date of formation of the sub committee. The sub committee’s report has not been finalized as of date. This is causing hurdles in the sale of flats in the above society as the current bye laws [unammended] permit the sale to “MEMBERS OF A PARTICULAR COMMUNITY/CASTE” only. Due to this fact the flats in the society are not getting the commercial or market rate, as the total population of this community is around 20/25000 in the world!

    3] In case we sell our flat to a customer outside the community who offers us the market price, can the managing committee / general body stop the buyer from becoming a member of the society?

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  • sachin says:

    Dear Sir, I am Sachin Chavan purchasing the flat from a reputed builder in thane in 2009…At the time of possession in 2012, builder asking about the requirement of Open car Parking space at very huge rate,I am confused whether i purchased open car parking space or not….builder just give the allotment letter against parking space……..
    My queery is
    1) Which parking is safer to purchase…..Stilt Parking or Open Parking.
    2) Till some part of project yet not completed, hence society can not be formed & Builder take care of flat maintenance Whether society can take objection for Open parking space in future.
    3) If i purchase the open parking space then whether i have to pay some charges to society.
    Kindly reply, Thanks

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  • vinod Gatlawar says:

    Dear Sir, The district court has dismissed my case today. though i have all the documents. what i should do now. shall i go to state consumer court ? what is procedure? guide me i need help. i will give you all details regarding my case. plz help me. give your mail id so that i will send you all the details regarding my case.

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  • ramesh chand sachdev says:

    My fridge, bpl, double door, 300ltr was giving some problem. There was ice formation in freezer chamber. I lodged the complaint with RK electricals, dwarka. Mechanic, mr sham was sent to attend the fridge. He checked the fridge thoroughly and informed that every thing except the timer is fine. He changed the timer and charged me Rs. 1200, which was paid in cash.
    The problem persisted, mechanic was called again. He insisted that he would take the fridge to his workshop. He charged Rs. 350 for transportation. Fridge was kept at the worksop for 5 days, one day for repair and three / four days for testing. I was informed that one relay, one heater and timer has been change and fridge is running fine. When fridge was brought back and installed, it was giving heavy noise. Mechnic told me that it has been dameged during transit because of their mistake and old compressor would be replaced with new one. He gave me in writing about their mistake and promise to replace the compressor. After more than six days and a number of reminders, he came with a compressor, which was new as per him, he did not show any bills. After so called new compressor, problem became more accute. There was practical no cooling. He was called again and gas was filled again.There is no improvement. There is practically no cooling. He does not pick up the phone most of the time. Whenever he picks up the phone, he promises to visit within 3 hours. But alas!!!!
    Can yo advise what to do

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  • Jagdish Badlani says:

    What is the remedial course of action in case a Society has not adopted the amended bye laws by 30th April 2013

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  • tushar says:

    Hi, I have purchased a flat and staying the society since May 2010. I have not purchased any parking space separately from builder with the assumption that I would get an open parking space once the society is formed. My concern is that there is not enough parking space in the society and I am being told by the society secretary that I would need to park my car outside society premises as I have not purchased open parking from builder, however I believe I have full rights to park my vehicle inside society premises. Also the open parking being sold by the builder doesn’t seems legal to me, please correct me if I am wrong. My only request is to park my car inside society premise and not own the parking space. Can you please help me how I should proceed with problem.

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  • JAY KISHAN says:

    RESTPECTED SIR, I JAY KISHAN AGRAVAT RESIDING @ PORT OKHA GUJARAT. I WANT TO KNOW THAT IF EMPLOYER IS NOT SUBMITTING THE EPFO WITHDRAWAL FORM ON LEFTING THE JOB , AS I HAVE LEFT MY PRIVOUS EMPLOYER 6 MONTH BACK BUT STILL NOT GET MY EPFO REFUND AND NEIGHTER GET ANY WRITTEN COMMENTS FROM EMPLOYEE SO PLEASE GIVE THE DETAIL HOW CAN I FIGHT AGAINTS THIS ISSUE OR GIVE ME MAIL ID OF LABOUR AND EMPLOYEE WELFARE MINISTRY

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  • h s singh says:

    Is it comparatively advantageous or not for a coop ghs ,registered under haryana coop societies act 1984, after meeting its objectives change into a RWA or society registered under Haryana Registeration and Regulation of Societies Act 2012 ? Thanks

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  • U Kumar says:

    I and my wife are both joint members of a cooperative society in IP Extension, Delhi. My wife’s name appears first as a member followed by my name. I feel both me and my wife should have equal rights to vote and contest elections of the management committee’s formed in the society. I would like to know from you if the Delhi Cooperative Group Housing Society’s rules have been amended or likely to be amended in the time to come to include this clause of allowing both members (joint) to have equal rights in the affairs of the society. Thanks.

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  • u kumar says:

    Thanks for your prompt reply. I am indeed grateful to you for clarifying this matter. However, it would be appreciated if you could kindly quote some rule under which all rights could be exercised by the 2nd name instead of the first name in case of a joint membership of coop.group housing society. I am sure society management would not decide the issue promptly due to lack of clarity amongst the people at the helm of affairs because of lack of experience and knowledge in such matters.

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  • SS Kushwaha says:

    I am writing this to just thank you those running this NGO and also your Legal Experts. I was facing multiple problems and after reading other readers problems I came to know that ultimately the solution lies in contacting the legal experts. I contacted them and at present I had lodged 4 cases. one in civil, one in criminal and one consumer case and one before the RCS. The Society had a Special General Meeting and has resolved all the cases by returning the charges wrongly taken from me and also compensated me for my sufferings besides apology letters from three committee members on Sunday, the 27th April, 2014. I am extremely thankful to Mr. Sahota for resolving my cases with the Society and also got me compensation. Paying fee in advance has been very fruitful for me and I will remain ever thankful to him.

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  • Sunny Sapen says:

    I need a lawyer advocate assistance to file my case in consumer court and that get accepted by court. I bought a new Daikan AC from a dealer in Delhi (Milap Nagar) in March 2014. He sell AC to me and when I asked for the services from Daikan they told me that we can’t provide service to your AC any more as you have not installed your new AC from Daikin services. And your warranty is not valid any more. Also when I checked further I found he is not an Authorized dealer of DAKIN. When I asked same to dealer he denying to provide any service and misbehave. So I would like file a case with consumer court against the dealer for fooling customers. Let me know if any one can me out here.

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  • humendra says:

    Need lawyer for coop court to restrain the society in obstructing installation of electric meter

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  • Rohit says:

    I am living in a Co-operative Housing Society in Pune. During the Registration of the flat we have paid a One Time Maintenance Fee (of close to 2 Lakhs per flat based on size). However, recently the society has felt that the Expenses are greater than the interest generated from the one time maintenance amount and have passed a motion to collect 1500 per month per flat (10% more for tentants). This was passed in the AGM with 30 odd members present. The Society has more than 200 flats and most people are not willing to pay this additional amount (and since most of them are not residing in the society they were not present in the AGM to vote). Is there any solution to this? Does everyone now have to pay this additional amount? Please advise.

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  • Tajendra Pal says:

    WHAT IF SUCH A MEMBER PARKS HIS BOTH THE VEHICLES WITHIN THE SPACE OF RESERVED CAR PARK SPACE
    Please give legal advise for this.

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  • Balesh Garg says:

    Query regarding a CHS in greater Noida, We had purchased 2 residential plots in different names in a CHS in 1997 measuring 200 sq yards each@ Rs 50000/-. We had made all the payments due in time and as and when demanded by the society. Now the market rated has risen up to 25000/ per square yards. The governing body of the society is making different different excuses to give us plots and are not issuing the allotment and possession letters and not getting the land registered in our name. This land was acquired by Yamuna Expressway authority in 2007 and later released in July 2013. As the land was released, the MC of the society involved some builder by signing a MOU and started selling the land in open market. We have complained our grievance to the SDM, DM, and Registrar CHS and nearby police station, but no actions have been taken so far. We also seeked information through RTI but none of them was replied. Earlier they were offering us 100 sq yard plot each in spite of 200 sq yard plot and also demanding RS 3 lac as development charges. Society had around 180 members out of which 150 members of 100 square yards and around 30 of 200 square yards. (MC says they have passed resolution that each member will get 100 square yard plot due to land shortage, ( but land is not short) and also if land is short they should not have made excess members and in worst case decrease the plot size proportionately)
    Now where to complain, we have no idea regarding court we have no knowledge. The main question is from where we can get the immediate stay on the sale, purchase/ construction on the society land. Kindly guide us the legal procedure we should adopt, arbitration, consumer court or the writ petition in the Allahabad high court and what are the chances of our getting relief.
    Now the circle rate is 6500/sq yard and market rates Rs 25000/- in case all the land is sold out at which rate we will get compensation.

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  • Anmol says:

    Dear Sir/Mam, I need to change the registered address of our society, it is currently registered at mehrauli, and we wish to change the location to rohini. Please guide me with the exact procedure that i need to follow for the same and the documentations that need to be done.

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  • vandana praveen says:

    Hello Sir, I have not purchased a parking while buying the flat. Recently I am being told by the Society secretary to park my vehicle outside the society premises. Kindly give me advice as I have been told that according to h’rable Supreme court judgement builders can’t stop a resident to park the car in open space.

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  • anil agrawal says:

    Dear Sir, i am a member in a co-op housing society in Mumbai the builder had sold flats with one car parking each. then the parking was being used randomly without allotment now the society wants to allot car parking to the members, also some member have been allowed to park 2 cars with extra charges in the past up to now. now the society wants to allot car parking even to the rental flats and we are of the opinion that allotment of car parking should be done only to the owners staying and not the flats on rent. also if there is space available can the society give 2 car parking to the old owner members already enjoying the facility and not to the rental flats. anil agrawal, member, malhar chs ltd

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  • Ravi Verma says:

    Dear Sir/Madam, I am From Rohini Delhi, I have an Ground floor DDA flat and I am facing 1st floor toilet leakage problem for the last 2 years. 1st floor flat owner is not staying in his flat he is syaing in Dwarka his other flat and I told many times to him and his rented person who is staying in his flat but they both are not interested in my problem my home is in very worst condition my toilet,kitchen,bathroom and rooms wall are in very bad condition due to leakage. I repaired and paint 2 times and spend 30,000 on it but no solution and our family also facing electricity shots on walls. In this condition please suggest what we can do to solve our problem. I want to solve my problem and compensation which spent on it.

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  • vikash juyal says:

    dear sir, I’m also x por(spl) and I read about u. now my problem is that my father was bank employee. he retired on 2006. on 9th bi-partite settlement bank gave option for pension those who retired without it. my father applied for it and bank gave date of 18 nov 2010 to deposite 156% of money received as retirement benefits. now unfortunately my father died on 10 oct 10. we deposited the money well before time to receive family pension in the name of my mother. the problem is that bank gave pension w.e.f. 11 oct 10 whereas it was supposed to give from sep 2009. after many letters I receive only one reply every time with only change in date that you money was deposited after the death of your father. but the bi-partite settlement never mentioned it. we applied for family pension and it should be from the same date which was mentioned in bi-partite settlement. now plz help

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  • Smita Gupta says:

    I was originally allotted a DDA flat under their SFS II scheme in vasant kunj, which I later changed to Alaknanda and took possession of the alaknanda flat. now, when I try to do online conversion to freehold, there is a problem. What should I do?

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  • Dinesh Chakraborty says:

    Dear Legal-Experts, I am writing this to thank you and also tell the readers that I am very happy that my case has been taken up by the legal expert for which I had lost hope because the previous Advocate had not handled it properly and had also not kept me informed of each order of the Court. Thank you Sirs.

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  • TS RAMULU says:

    I had entered into an agreement with a builder for construction of house (1 st Floor) for a sum of Rs; 12.5 Lacs.
    Rs; 6 Lacs were paid in 3 installments of (1 Lac, 2 Lacs and 3 Lacs). while placing the centring for construction of 1 st floor slab, a labour has died (electricuted) accidentally. The total amount of work done by the builder works out to be around 1.75 Lacs ( As per the govt certified civil engineer). Now the builder is not ready to complete the job nor ready to repay the outstanding amount or nearly 4 Lacs. It is nearly 01 year passed. What should I do kindly advice me to get back my amount.

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  • Ram Partap Singh says:

    I was writing this to inform all that I was searching on the Google for recovery of my money paid to builder who has not given me the flat of exact measurement, as was agreed by me. In fact there was a clause in the agreement that the Builder can give me flat of other measurements and then I have to accept it. The builder gave me one room extra flat and also charged for escalation on the entire flat which I was not able to pay and cancelled my booking and requested for refund of my money. Your web site referred me to their legal-experts Mr. Sahota. He fought my case in the Consumer Court and finally the Builder has paid me my entire principal amount with interest and also paid me compensation for harassment. I am very thankful to you Sirs.

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  • T.SELVARAJ says:

    i am a veteran sailor from Indian Navy filed case in Cochin AFT for reservist pension( same like chennai bench case,and which is in SUPREMe COURT) BUT MY CASE AND OTHERS CASE NOT FAVOURED BUT PERMITTED TO PROCEED TO SUPREME COURT. but I am waiting for the veteran Soundirarajan Ramdas case result from supreme court which was heard on 15-04-2-14 civil appeal D.NO-41460 OF 2013 .CAN YOU GUIDE ME ? thanking you. T.SELVARAJ. EX.Indian Navy.

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  • T.SELVARAJ says:

    Sir, in this case connection there are more than one hundred ex sailor went to the Cochin tribunal for reservist pension. All are more than 60 years old and not having much interest, however I am trying to contact them. Otherwise may be ready to go to supreme court. But it is only a dream for me without money, so if your free legal cell take my / all others cases on a agreement basis, please guide me. To whom I should approach ? ALSO THE CASE MUST BE FILED EARLIER BECAUSE Mr. Soundirajan case hearing time is given four weeks from 15-04-2014. Thanking you. T. SELVARAJ

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  • Harjan says:

    Hello..my father bought a DDA flat (registry exists in his name). He expired in 2011; my mother expired in 2003; there is no will. I have one elder brother and both of us want to sell this house. It seems we have to get a succession certificate to able to sell- please let me know if there is any other way. In addition, please share the court fee that we would be charged; is there any other cost involved; if yes how much.

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  • Sir, We are refugees of former East Pakistan (Now Bangladesh). The RR&R Department of WB Govt. gifted us a plot of land of about 3.64 kathas to my mother’s name. It is not paternal property. Ours is a Quarters Colony – one wall is attached with another. My mother gifted 2/3 of the plot to my younger sister and me and 1/3 kept for my younger brother. But my elder brother, who has his own house and living to a distant place went to the Court and got a decree and on receipt of decree he appealed to the Court for Partition amongst my brothers & sisters. My mother appealed against the decree to the District Court. The case is still going on. In the meantime, my mother expired two years back and I am continuing the case. Now my problem is my kitchen, which was constructed 40 years back, which is part of my portion. The kitchen is dilapidated condition – its, wall, doors & windows, electrical connection, floor, etc. all are broken. My brother is not allowing me to do the repair work. I have got the permission to repair from local municipality. But elder brother with help of local Thana police & goons is not allowing me to do the same and still threatening me not to do. Under the above circumstances, I would like to repair my kitchen. Please let me know if there is any provision in law/rule/acts so as to enable me to do the repair work and for which I can go to the court and fight to get Court’s permission. Please let me now the law of the land for such repair works of existing kitchen and any case history of any court. If possible you can send your reply to my e-mail given below.

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  • Jasdev Singh says:

    I am living as a tenant in a society in Dwarka , New Delhi.I have two car. Few days back RWA has allotted open parking to the flats. There are 60 flats in the society and they have marked 60 open parking and allotted one parking for one flat. There is more space in the open area for more parking spaces. The society also has reserved parking which is allotted to some flat. The open parking is also allotted to the flats that has reserved parking. Now the RWA has decided that they will not allow more car inside the society. They will allow only those number of car per flat as per the number pf parking allotted to them. For eg I have one open parking so I can only have one car inside the society. Currently there are lot of parking space those are not used. Is this illegal, if my car gets stolen than will RWA takes responsibility for my car.

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  • vinay chopra says:

    i have some outstanding dues of my office in my cooperative commercial society in mumbai . the general body has decided to block the cars of defaulters from being parked in the parking area. is this legal? if not , what recourse do i have?

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  • rustom says:

    Dear Sir, I was going thru your site which is very informative and have a query. I stay on the ground floor. The society has allotted parking in the society’s compound. Problem is one of the car parking is inches away from my bedroom window which hampers privacy and also is disturbing as and when the owner needs his car to be taken out/parked apart from exhaust smoke coming inside. Is there a law within the parking frame work or health guidelines restricting parking to be done close to the window of ground floor flat? Any direction on the same would be very helpful.

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  • Veera says:

    Hello Team, i am going to buy a new flat in 1st floor, the builder has given me cost estimation, in that its included with covered park area at cost 1.5L. how this charges will be count in building registration or is this legal charges. May be this is repeated FAQ, but i cant able to understand so could you please explain about this car parking selling.

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  • Chandani says:

    One flat is purchased in Gujarat. Document registered.Seller has applied for NOC. But society refused to give.Still transaction of buy/sale has happened. Now, buyer is not allowed to stay in flat by society. Kindly guide and how to proceed. Pls advice. Thanks in advance.

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  • RM says:

    I had been asked to join a Pvt ltd company opened by my friends in December,2013 i was asked to join as director and become third partner(lets name 1st partner as MB & 2nd Partner as DG) and share about a lakh Rs . I joined the company in Feburary, 2014.
    The 2 of my partners/friends did not have money to open the current Account in the bank whose initial deposit was rs 50000/-. They started asking money and took money from me of rs 50000/- in 2 installment of Rs 25000/- each. I was asked to transfer the funds in my friends(DG) name, who in turn transferred it to the second partner(MB), who in turn deposited the amount in bank for opening of A/c. By March end I had deposited Rs 1.11 L, MB- Rs 1.27L & DG – Rs 0.81L.

    DG & Myself are sole proprietors of 2 different companies doing the same work and planned to merge in the pvt ltd company in 3-4 months time.

    In few instances I had raised concern that being Pvt ltd co., no directors can take any money from company a/c. My both the partners tried to delay transferring of shares to me(presently I have 33k shares as my both partners) and tried everything so that i do not become authorised signatory in bank, because i had told them again that i am aware that MB has taken loan from the A/c and does want to share the information with me. Though MB has been financially strong but whenever there is possibility he takes money from company account.

    For operating bank these partners of mine had put in rules, that below 50k any single person can withdraw and above that both were required. I changed that that no single person is authorised to withdraw and 2 persons have to sign and for internet banking all 3 directors need to authorised. My 2 partners were asking more funds and I did not want to give till the time I became authorised signatory in the bank.
    The day I refused to give more money, MB hacked and blocked my company ID, sent bank to change the signatories and has asked the CA to remove me as director and not to provide me the share certificates in original.

    Pls suggest me if MB can remove me as director, as he is not the owner of the company. Can he block my email id, can i take any action against them, can the addition+ deletions of signatories in the bank be stopped.
    In case I want to resign can i claim the money invested by me. I need to protect my image as both these partners have been blacklisted by the RCOM and use to get in through my name. They are also spoiling my image among my customers. Can I sit in the office even though they have blocked my ID. Can MB remove me as director and disallow me to enter the premises.

    Regards
    RM

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  • noel josh says:

    MY PARKING SPOT HAS BEEN ALLOTTED BY THE BUILDER , AND THE SOCIETY WAS FORMED MUCH LATER, THE SOCIETY OFFICE WHICH IS AT PRESENT ADJACENT TO MY PARKING ARE CLAIMING A PART OF MY SPACE..WHERE DO I STAND AND WHAT ACTION DO I TAKE

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  • Rahul says:

    Our society in Delhi Got its possesion in Feb 2005, At that time many POA holders were asked to pay entry fee.. Which is illegal. I paid Rs 25000 Cash(no receipt) And Rs 10000 Cheque (receipt issued for Voluntary Welfare fund)… My question is whether I can take the society to court and file a suit after 9 Years or is the Law of limitation applicable. Thank you for your advice in advance.

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  • Anil Kumar Jain says:

    Sir, I want to sincerely express my thanks to this web site and also your legal experts. The fact is that by visiting various courts for the last 10-15 years, I was thinking that now I know the law and I can do everything myself. But it was my little knowledge. Now I am sure that until register as Advocate, you will not be heard by courts and things cannot be managed. I am thankful to you for my cases taken up by your legal experts and now I am well satisfied with their progress. Thank you again.

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  • anup roy says:

    joined in PSU after retirement from navy with existing bi-partite settlement (8th). as ex-s pay is protected in bank, my pay also was fixed many times excluding MSP. when the new (9th) BPS declared, my pay was correspondence to new from old. when MSP was cleared for inclusion in pay fixation, my pay was again fixed as per new settlement issuing a letter that our pay is to be fixed as per new only, bcoz, when we have joined, new BPS was in progress and I have been paid the arrears after deduction of tax and paid higher tax for entire year till now. Now min of fin, IBA and my bank has decided to recover the arrears from all the ex-s. I want to know (1) my pay is to be fixed as per old or new settlement (at the time of joining) (2). how to proceed legally to stop recoveries of arrears, (3) if we proceed legally, we will succeed of not? plz guide and remove all our tension. thanx

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  • anup roy says:

    sir agreed with your remarks… nut the thing is that the employer wanted to recover the higher amt they paid to us.. now plz guide

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  • Aslam says:

    The managing committee tenure is over and they are not calling AGM on pretext that registrar is not been posted. Can AGM be carried out with a registrar

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  • Shona says:

    Hello, This is with reference to unsafe environment in the society premises causing damage to car parked in the premises. Children (college going guys) play cricket mercelessly in the society premises, which is a non-play area according to our Managing Committee rule. When these guys were confronted their parents simply ignored and supported their kids to continue playing. Such play had caused damage to some cars, including my car in the past, but it was ignored thinking that situation will improve, however, this has become a regular phenomenon with no hesitance on part of the childrens and their parents. The situation was informed to the managing committee & no actions were taken against them EVEN when there is a committee rule of not allowing childrens to play cricket as they bang their hard cricket balls on our car and cause serious and major dent to them. My car which is only 6 – 8 months old is now having huge dents on the top and side & wiper was also broken thanks to their cricket ball.

    Can I send a legal notice to the society which will force them to take serious actions against this offenders who keep damaging people’s vehicles. Also, Can I receive a compensation due to damages caused to my vehicle from the society as they are simply ignoring the matter.

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  • manoj says:

    I hv booked the flat in ghazibad now on possession builder is asking for following ,
    from customer )
    -Increased area – they say have increased area of 228 sq ft ( total super area was 899 sq ft Ground floor)
    and selling to me as dry terrace ( its like a shaft one side is common gallery other side is common entry and my kitchen wall), my question is do i hv to pay the full amount of this dry Terrance or it will come under common area and will be shared to all units in building.
    Request if some one can please help me to advise a per by laws what legal percentage of this should be charged to me.

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  • Sameer Syed says:

    I live in a housing society where number of parking space is less compared to the apartments. there are 100 apartments and only 75 parking available. However there are some members who do not own a vehicle but have still been allocated space while current car owners have to park outside the compound on the road. Also these members rent out these lots at a very high charge. Can the society allocate parking slots to members who do not own a car and also can these members rent out the space in such a manner?

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  • hitesh metha says:

    SIR, THIS IS FROM MUMBAI, I HV PURCHASED FLAT & RCC STILT GARAGE WITH CLOSED SHUTTER WITH TWO DIFFERENT AGREEMENT, 1 FOR FLAT & ANOTHER FOR GARAGE. THIS IS BEEN DONE BY PAST TWO SELLERS ALSO, i.e. A SOLD TO B & B TO C (I AM C) BY MAKING TWO DIFFERENT AGREEMENT (DATE OF A’S AGREEMENT IS 1979 & B IS 1986 & C(MYSELF) IS 2012. LOCAL MUNICIPAL CORPORATION IS ALS0 ASSESSING GARAGE SEPERATELY SINCE FORMATION OF THE SOCIETY (LAST MORE THAN 30 YEARS) & IN TURN SOCIETY IS ALSO CHARGES SEPERATE ASSESMENT TAX ON GARAGE OTHER THAN FLAT IN SOCIETY MAINTAINENCE BILL.

    NOW QUERY IS, CAN I DEMAND SEPERATE SHARE SHARE CERTIFICATE FOR GARAGE FROM SOCIETY. SINCE IT IS BEEN SEPERATELY CONSIDERED BY LOCAL MUNICIPAL AUTHORITY ALSO.

    PLS REPLY

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  • Deepak says:

    Dear Sir,
    I am giving you key details to understand the case easily. Kindly guide how to proceed for selling of flat in Coop Society in Delhi

    1. Property is freehold and in my mother’s name only. Father died long ago.
    2. Mother had made a will in her own handwriting on a plain paper only. The will is not registered and no witness signatures are on the will.
    3. The will says to dispose of the flat and share the money equally between 3 heirs.
    4. We have sent request to society to transfer our names jointly to the property.

    Now the issue is we 3 heirs want to sell the flat so we have below doubts;
    1. Are we required to first transfer the property in our names in the registrar office and then sell?

    2. Can we sell the property without transferring our names in registrar’s office? Is it possible?

    3. Can we sell property just on the basis of our names being transferred in the Society office records? (Society will issue a letter that our names have been transferred)

    4. Is it possible to register the property in the new owner’s name in the registrar’s office on the basis of society letter?

    How much time it takes normally to finish off the issues in registrar’s office?

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  • Deepak says:

    Thanks for the reply. Registrar means Registrar of Cooperative Group Housing Society

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  • Ramesh B Mhadlekar says:

    Do you have the facility of providing a lawyer to fight a matter of dismissal of a class IV employee of a a bank ,but does not have the money right now to pay the lawyer but subsequently whatever possible would be paid by him.The balance of merit is in favor of the Workman,

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  • Rahul Rastogi says:

    Rule 60 of DCS Rules 2007 deals with Meetings of the Committee. The MC takes important decisions and passes various resolutions in its meeting. The DCS ACT and RULES is silent on whether the MC is obliged to circulate to its members or display on notice board, any of its decisions taken in its meetings.

    1. Under what provision of DCS ACT or RULES can the society management be forced to publish its meeting minutes to all members, so that a system of transparency is maintained.

    2. If no provision exists in the above Act/ Rules, what other legal remedy can be exercised and can the RCS office be made a party to it, being the supervisory body of all societies in Delhi.

    3. Are there any past court judgements that enforce the above, could you share the same here for everyone’s benefit.

    It is atrocious to think that the RCS OFFICE did not make it compulsory to have the MC minutes published/ Circulated to its housing society members, thereby allowing MC to take decisions which could be detrimental to the majority.

    Appreciate your advice.

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  • Rahul Rastogi says:

    Our society in Delhi wants to undertake repairs. The MC has approached the matter correctly except for the fact that it has decided to raise demand from members before completion of tendering process, thereby violating DCS Rule 106. The MC has classified this as advance demand so that the work can start immediately once the contractor is finalized. There is no previous limit approved by the General body.

    As a result some members have gone on a signature campaign citing high costs of repairs and non adherence of process and have opposed any further demand.

    The MC has asked all its members to provide its consent, since the work is urgently needed and the dissenting group forms a significant chunk of residents/ Members.

    1. Is the action of the MC legally tenable, ie can they ask for advance demand without approval of SGM?

    2. Can the MC make a recommendation to authorities lke RCS & DDA to declare the building unsafe, therefore paving the way for notice of eviction by competent authorities. Can a member do the same, if the MC does not do it.

    3. Can the remaining members file a joint suit to ensure that repairs take place immediately, so that the safety of their families is ensured? The majority of members are supporting the MC as repairs are urgently needed.

    4. What action can be taken against the dissenting members?

    5. Can the society be recommended to come under the ambit of RCS appointed Administrator, as it looks like the repairs will not take place. Under what sections will this be possible?

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  • Sunil Kumar Sharma says:

    Hi, I am looking for legal assistant related to society matter –
    I am member of Bharat Electronic Sahkari Grah Nirman Samiti Ltd, which is registered housing society and it registration no 54 Dated 30-3-1977 and its registered official address is Bharat Electronics Ltd Post Bharat Nagar Ghaziabad UP 201010.
    Society constructed Kautilya Apartments (80 flats) in Vasundhara Ghaziabad and gave possession of flat in 2001. Later 78 flats’ owner got completed registry of flats.
    Initially cost of finished flat was set 7.5 lacs (including getting completion certificate) but society charged from me and others more than 11.50 lacs each.
    Society never shown contracts and gave construction related documents to any body
    When flats were handed over there were quality issues related to construction I raised it to house officer Awas Evam Vikas Parishad Vasundhara UP, he visited my house and admitted deficiencies in flats and directed society in written to take action. (I have copy of order)
    MD Sharma who was secretary during society construction was suspended by new body and new body was not having contracts etc (MD didn’t handover any doc) so new body did not help me giving reason of not having documents so couldn’t take case to builder.
    Flats owner formed welfare association and got it registered with Dy Registrar – Societies, Chits Meerut.
    Main society kept of intervening in welfare association and never allowed it to work independently.
    MD Sharma captured roof (without roof right) and constructed room and raised boundary wall (parapet).
    We raised issue to society but no action was taken.
    In year 2012 MD Sharma became president of society. Later we came to know that he was suspended and removed from post, legally could not be elected to post. Society members raised issue to Housing commissioner but not action was taken.
    We have elected body of Kautilya Apartments members and it was doing maintenance works of premises but MD sharma dissolved it and captured society. He formed welfare association Assit Secretary (who is not member of society) and few more members.
    He introduced security stickers for vehicles and not allowed vehicles to come in without stickers but for issuing token he took Rs 50,000 from the flat buyers those were staying for more than 4 years and got registered their flat. This rule was not applied uniformly as he didn’t charge amount from his son-in-law and few others.
    44 members out of 80 formed again residents’ welfare association in July 2013 and applied for registration under UP society act 2010. Dy Registrar has asked us to submit completion certificate or partial completion certificate but society is not giving us. We have written to Housing commissioner too.
    We also appealed to Housing commissioner in Oct 13 to allow us to get registered under UP society act 2010 giving HC and Awas Evam Vikas Parishad judgment in fovour to Vartalok Apartments Sect 4 Vasundhara (where Manish Sisodia is staying). High Court writ No. 30259/2011, order passed in fouvor by High Court dated 24 May 2011 and Housing Commissioner, UP Awas Evam Vikas Parishad Order dated 25/10/2011 File no 4807/9/11.
    But there is no response on application I sought information under RTI and got simple answer this can’t be done in our case.
    Please advise us how to get rid of main society.
    Current hot problem –
    We are getting stinking water supply in one block unfortunately in my block we have done written complaint to society but society has not taken any action – intensely delaying because of me.
    Today I have written letter to Housing commissioner –
    Please advise can I file FIR and put pressure on society to complete it on priority? If yes what will be the Act?
    Please suggest –
    Regards,
    Sunil Kumar Sharma
    Kautilya Apartments Sector -6 Vasundhara Ghaziabad

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  • Akshay Dutta says:

    Dear Sir, thank you very much for giving me the link to your legal experts. With your help I have a super Advocate to be my legal adviser and I have engaged him for my Company and also for personal cases. I thank you again for this web site proving free guidance.

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  • MANISH says:

    Hi, You have posted on your website that a Supreme Court Judgment directs that RWA’s cannot charge maintenance charges from residents who are not voluntary members of the RWA. Could you please provide case details of this Supreme Court case/judgment??

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  • Paul says:

    Sir, Our father with his hard earned money purchased an open housing plot and registered on our mother’s name, then our mother executed and registered a gift deed (settlement) of the same plot favoring our eldest brother’s name, Is this transaction comes under ‘Benami Property (Prohibition) Act, 1988’ ? as our mother is a house wife and didn’t earned any money for the family. Can we file a suit on the validity of the said gift deed (settlement), based on the ‘Benami Property (Prohibition) Act, 1988’.

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  • Tej wattal says:

    Can u please guide as to what is the rate of interest a cop group housing socity can charge on default in maintenance dues or demands. Our society is charge zzz

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  • Amit says:

    need assistance for dda freehold conversion

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  • noel josh says:

    IS PAINTING YELLOW BOX IN STILT PARKING LEGAL AND IF SO UNDER WHAT RULE OF SOCIETY ACT DOES IT FEATURE IN..NEED SOME INFO ON THIS AS THE SOCIETY IS ENFORCING THAT WE SHOULD ONLY PARK WITHIN THE YELLOW BOX

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  • Arshi says:

    Can society levy penalty charges citing reason that prior permission was not taken before renting an apartment ? Apparently what happened was due to non response from the managing committee … Attempt was made to seek permission but the managing committee didn’t respond. It was made sure that a copy of leave and license agreement and NOc was submitted to the society via registered AD. Please advise

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  • Tejas says:

    Dear Sir,

    I am Member of Co op society in Mumbai. I bought a stilt car parking space from some other member of society in 2009. Even society has transfer this parking space on my name in AGM in the same year.

    I don’t have car and i am parking my two wheeler in this parking space, But now new management committe is not allowing me to park the two wheeler. saying its a car parking space and should not be used for two wheel parking. They are forcing me to park two wheeler in general parking space and they started charging me the additional two wheeler parking charge.

    I would like to know followings

    1. Is there any such rule, which says that two wheeler cannot be park in stilt car parking space ?

    2. Can one car and one two wheeler allowed in one still parking space if its adjust in given parking area .

    Please advice me.

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  • Regarding Reserving Car Parking in CGHS in Dwarka. If Society has 100 Flats & 55 Stilt Parkings which were reserved by the MC previously. Can the remaining members be given reserved car parking in Open space (1 per Member). If Yes can it be Charged or has to be free. As I could understand that as per DCS Rules-2007 Chap. IX (Para 2) every member must be allocated Car parking during allotment. Need your advise urgently to prevent any Mishappening in my Society.

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  • Dear Sir,
    I have booked one flat in Panvel through a Builder and I have paid Rs.1 lac against deposit vide cheque. But the builder started the work where showed the location and he changed his plan elsewhere so he refunded the deposit amount of Rs.1 lac but the cheque dishounoured on 17/05/14 and I contacted the builder and he issued a fresh cheque on dt.10/06/14 and again the cheque has dishounoured due to insufficient fund. So please advice to me to should I do?

    From
    K Radhakrishnan

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  • Pranesh S says:

    Can a housing co op society in karnataka lay conditions insisting on members to take NOC from them to sell or transfer the property, even after the site is registered and Katha is issued by the Bangalore Development authority

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  • ajitsingh says:

    Members of the Governing Body requested the President to call for an Emergency/Special Meeting to discuss certain issues concerning the elections of the new Governing Body. Despite several reminders he has not responded to the request. What can the members do in such a situation?

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  • Daivesh Deodhar says:

    Can the ground floor stilt is used for any functions (religius / social) for one otr two by teh society members. And if it is so then the Society is having right to collect charges for the same or it can be given free of charges to the society members.

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  • Vineet Saxena says:

    I am a member of a Co-operative Society in Dwarka. We have 126 flats in the apartment with 64 stilt parking slots. There are no reserved parking in the Society. In one of the AGM the Management seeked the opinion of the member to put charges for the Stilt Parking. After the AGM a survey was conducted where people were supposed to express their view on whether the stilt parking can be given to people at a charge. Without declaring the result of the survey and defining the laws governing the use of the stilt parking, parking was given on first cum first basis to the people who responded to the survey. The stilt parking slots have virtually become reserved parking of the people who were given the parking. It has been two years now and I have been discussing the matter with the society as it is putting me and others (total 62) people is a position of disadvantage.

    In an AGM in 2013 based on my raising of the issue, the management came up with another survey asking people if they were OK with the allocation of the stilt parking slots. Since there 64 beneficiaries of the parking slot who responded in positive, they declared that the members are OK with allocation. 9 of the beneficiaries are tenants and perhaps paying more rent to their owner of the basis of getting stilt parking. I generally come late from office and have to struggle to park my car in open spaces where as there are 64 people who are enjoying a fixed parking slot at a fee of merely Rs. 400/- per month. I am also forced to move my car around if the open space if used for some function.

    Please suggest what are the governing rules on the subject and what action I can take if the society is not willing to consider my request of either removing all the allocation of stilt parking or allocating stilt parking on 2-3 year rotation basis with or without charges.

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  • One Parking Space per Member must be reserved by MC.

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  • Dear
    Thanks
    You can clarify what steps can be taken by MC in case partial number of members are given reserved parking while others are left out.
    Is it OK if a member parks 4-5 Cars while the other is not allowed to park even a single car.
    What is the Basic Solution let apart the Court cases which normally take abnormally longer time to resolve.

    Thanks & Regards

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  • GK Agarwal says:

    Dear Sir, I am very thankful to you for publishing so much of information on your web site free of cost. I am also thankful to you for giving prompt reply to my queries. I am extremely thankful to your legal experts Advocate Raminder Singh Sahota for providing me their professional assistance by which my problems are being resolved. Thank you again.

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  • ROHIT BUDIYAL says:

    MANY OF THE RWA’S ARE NOW LEVYING SHIFTING IN CHARGES FROM NEW TENANTS OF THE RENTED FLATS , I WANTED TO KNOW HOW THIS IS LEGAL ?? AND WHATS THE LOGIC BEHIND THIS. IS THIS NOT AN EXTRA LEVY ON THE NEW TENANTS AS THEY DO NOT PROVIDE ANY ADDITIONAL SERVICE.

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  • Ranvir Singh says:

    A Member of the society has rented his apartment and is now not vacating the parking space which was allotted to him, when questioned this to the management of the society they reply that he has got an order from the Registrar to park his vehicle .
    Now the point is that :
    1) The member was staying in the society and had requested for parking to the society management which was denied and hence an order was obtained from the Registrar for parking in the society premises.
    But
    2) Now when the member is not staying in the society and rents his flat can he still retain the parking slot.
    Kindly advise and oblige.

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  • Rajiv Prasad says:

    Sir, My RWA in Delhi, does not hold due elections after every 3 years. The Secretary, President and all Managing committee members get elected unopposed after every 3 years and they are in the same position for last 15 years. this has resulted into them, turning a tyrant and insensitive towards resident problems. How can i force them to hold periodic elections?

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  • Gaurav Kumar says:

    Hi, We got the possession of our flat in Gudgaon in the year 2004. I would like to inform you that from the last 10 years there was no Communication from the Builders side about our flat. Now, the builder has sent a demand of around Rs.35000. The builder says We took the possession of the flat late. I want to inform you that even if We took the possession of the flat late then Why the builder didnot inform us or raised any demand in these last 10 years. This is the year 2014 and possession was in the year 2004. Builder has sent a letter to us after a complete gap of 10 years. Please advise What to do in this situation.

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  • gaurav kumar says:

    Hi, We got the possession of our flat in Gudgaon in the year 2004. I would like to inform you that from the last 10 years there was no Communication from the Builders side about our flat. Now, the builder has sent a demand of around Rs.35000. The builder says We took the possession of the flat late. I want to inform you that even if We took the possession of the flat late then Why the builder didnot inform us or raised any demand in these last 10 years. This is the year 2014 and possession was in the year 2004. Builder has sent a letter to us after a complete gap of 10 years. I would also like to inform you that We took the possession of the flat around 8 months late but there was no communication from Builders side for complete 10 years. After a huge gap of 10 years the Builder has raised this demand. Please advice What to do?

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  • Srinivas Reddy Ghanta says:

    Which type of right My Mother and My Father and Me would have on my Meternal Grand Father Ancetrial Property ?

    My Meternal Grand Father has 3 children including my mother (one male , two female )

    MY Meternal Grand Father and Mother and my mother siblings are regretting to give a share to my mother .

    They are saying they will murder my mother so that no one from my mother side (my father and me ) have a right to share the property .

    would you please give the details.

    my age is 25 and my fater age is 55 and my mother age is 46.

    we are from Hindu religion and caste Reddy (OC) from Andhra Pradesh .

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  • Amarjit Rai says:

    We are a co-op housing society in mumbai but some members are not paying dues so can you provide legal assistance in this case

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  • Dr KK Goel says:

    I extend thanks for providing this type of facility. I need your assistance.

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  • Dr KK Goel says:

    Administrator in our society held a meeting of the residents of our society after a period of 22 months. Is it the right period to hold a meeting?
    Majority of the members present in that meeting gave three names to replace the present adhoc/advisory committee. Administrator left that meeting without declaring the decision and later on notified four other names for the formation of the advisory/adhoc comittee. Is it the proper way adopted by the administrator?
    Is there any minimum/maximum period to call a meeting by the administrator?

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  • Rohit Agrawal says:

    I am a tenant in a co-operative housing society. They have passed an order stating that owners will be given parking inside the building while tenants will be given parking as per availability. Also owners in the building have multiple car , ex: 1 flat and 2 cars / 2 flats and 3 cars. Is such an action from the building allowed and what can we do to get parking inside the premises.

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  • naresh dewan says:

    what is ur address, how much is the fee for freehold conversions. its a plot in vaishali, GDA

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  • Amit Thadhani says:

    Hi, I have purchased a flat in a resale agreement. The builder had provided the original flat owner only 1 parking slot for 1820 sq.ft flat. Immediately after the purchase, I had applied for additional parking which the builder did not give me. The building is still under construction in Mumbai. Pls advise. Thanks & Regards,

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  • Being President of the CGHS, want to file a criminal defamation suit of Rs 50 lacs each against 4 society members for accusing/defaming me for diverting society fund for some renovation work in my flat. Not a single paisa of society fund was used/diverted by me for my flat. Its their utmost jealousy that am renovating the flat as all wood work was badly spoiled by termites/ white ants. Please advise about the competent lawyer for filing suit in Karkardooma Court / Delhi.

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  • MV Joshi says:

    I purchsased a flat in Pune in 1999.The Scheme has six flats . The builder sold five flats during 1999-2000. At that time he orally told that 3 slilt parking are sellable and remaining two are common. Accordingly he allocated 3 parkings to three flat owners.I am parking my vehicle in one of the common parking since 1999.Builder sold sixth flat in 2007.During Nov 2013 , the flat owner of flat no.6 showed a allocation letter from builder to me and said that this parking area ( where I am parking since 1999) is allocated to him.I have written letters to builder about legal validity of this allocation ( also given photo copy to flat owner of flat no. 6) , no reply from builder . How this problem to be resolved.Request to guide.

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  • Sriram.S says:

    Hi, The builder has not provided the weatherproofing in our apartment and we are fighting for the same now after 10 years. He had us believed that he is going to build another floor above us until recently, as he do not possess any approvals for the same. However in the construction agreement there is no term ‘weather proofing’ mentioned, except “Terrace”. In this context, can you please let me know, the term “Terrace” – does it include the roof-top duly weather proofed as per the law? Is there any option where we can ask the builder legally to complete the weather proofing for us now?

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  • ranvir singh says:

    I am a member of the CHS in Vashi, Navi Mumbai want to clarify :

    1) Members owning more than ONE Flat in the society and having been allotted parking space for all the flats a member owns but the member resides himself only in ONE such flat and remaining flats have been rented out.

    Can the member still retain additional parking space for his vehicles on the rented out flats.

    2) Member who resides in the flat of the society having allotted parking space in the open space now rents his flat and purchases another flat in another society and shited his residence there.

    can the member still retain parking space of his rented flat.

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  • Subhash says:

    Hello Sir, can a CGHS in delhi through a special AGM levy NON-OCCUPATION CHARGES for rented flat to a owner of a freehold flat who has given his flat on rent ? a quick reply will be appreciated as the AGM is to be held next week. Many Thanks.

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  • Sriram.S says:

    Hi, Thanks for your feedback. Can you please confirm the following:
    i) As per the Technical Terminology in the Industry does the term “Terrace” include the weather proofing? and
    ii) if so, is there any procedure associated to it to be following (Min.) by the builder as mandatory requirement?
    Awaiting your response. With best regards, Sriram.S

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  • James says:

    Hi I have taken the total personal loan of 30 lacs from HDFC,ICICI,CITI and Standard Chartered Bank. I took it ,to help my father in my business.I have paid the 3 EMIS and after that i lost my job.so after 3 EMI’S i couldn’t pay anything to bank.I am not a willful defaulter. But I am scared ,whether these private banks will publish my photograph in the newspaper? Can private sector banks publish photographs of personal loan defaulters in newspaper?

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  • James says:

    Hi, Thanks for ur response.I am ready to do the settlement on 50% amount i.e 15 lacs. But i dont know whether HDFC, CITI, ICICI And Standard Chartered bank will be ready for settlement or not? Please let me know ur views on this.

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  • Hello Sir,

    My case is an old case.

    I was adopted by my parents and adoption deed was submitted to L&DO with documents submitted for conversion to freehold. In that deed it is mentioned that my parents had adopted one another child prior to me. But none of my family members or relatives know whereabouts of him. My parents are no more now and when they adopted me, that child (boy) was not in the home. I am not aware of his whereabouts. L&DO asked to furnish whereabouts of that son or cancellation of earlier adoption deed duly registered.

    Sir, my problem is that we actually do not know about that person. Whether he is alive or not. May be he left home at his own or my parents expelled him. what happened, we are not aware. He never contacted us or visited us.

    Last letter from L&DO received (above cited) four years back in 2010.
    What can be done now. Please guide.

    Regards,
    Tribhuvan

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  • Tej says:

    Sir can u please advise if outdoor games like football or cricket is allowed in the society premises when we have a chilla complex of sports just near by. By thi the central lawn is being spoiled and so are our funds in maintaining the lawn by its plants and grass so much so the window pans are also damaged pl advise

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  • Mrs. Gauba says:

    Hello Sir, I have a case going on in the consumer court against my society for deficiency of services. I would like your advice whether I can represent my case on my own in the presence of my lawyer as no one knows the facts regarding the case better than me. I had been representing my case on my own from the very beginning but had to get a lawyer for the technicalities like filing evidence on affidavit etc. My next date is for argument. Regards.

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  • N Krishna says:

    We have a small office premise at mumbai wherein the per month maintenance charges are clubbed together in the society. This is then divided under a dual system ( claimed to be as per society bye laws ) of some heads divided as per area of premise and some heads are divided by the number of units.

    Since our unit is small ( it is only 1/4th the size of most units and 1/10th the size of large units) it is gross injustice if a large premise holder and we have to pay the same amount – say for lift maintenance. This should be divided also based on area as proportional to the area will the traffic be and accordingly the lift usage. This is true for many other heads where the total charges should be divided by area and not by the number of units as done now . As a result we have to pay much higher in maintenance charges.

    Let me know if have to take recourse to filing a legal case to address the issue

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  • alok agarwal says:

    I would like to get convert my CGHS falt in ROhini Sect. 9 in, delhi to free hold what are your consultation charges please let me know the whole procedure’thanks

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  • I have an apartment built in 1992 in Vasant Vihar on 836 sq yards where there are 3 apartments per floor. I have been told that only a single apartment on a floor can be converted to a single owner. There are altogether about 13 apartment owners in this block. Could you please let me know if and how I can get this apartment converted.

    Thanks

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  • Anita says:

    Sir, I own a flat in a cooperative housing society in Colaba, Mumbai. I have given my flat on Leave & Licence for 11 months from July 2014. The Society is demanding a refundable deposit of Rs. 50000.00 for giving me an NOC. The police verification of the Licencee cannot be done without the NOC from the society. All other documents for the L&L are order. As per by-laws only 10% of the maintenance charges can be levied by the society as non occupancy charges which they charge every month in my maintenance bill. A resolution on this deposit was passed at last year’s AGM and the Society claims they are collecting this deposit for the betterment of the society and are issuing a receipt for the same, which is a proof when I ask for a refund, if do not to give the flat on rent later. I cannot not trust the society which this amount , Please advise what stand I should take..Thank you, Anita

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  • MVGS says:

    What is the difference between a Flat Purchased and Plot Purchased Socities in Mumbai/Mahatashtra? What are the definitions and what is the criteria for such classifications. Tks

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  • Anita says:

    Sir, Is the NOC from the society mandatory for giving the my flat on rent? If the society refuses to give NOC because I refuse to pay them the refundable deposit of Rs. 50000/-, can I go ahead a give my flat on rent after complying with all the other requirements as per the bye-laws. Grateful for your guidance.. Anita

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  • Prasanna says:

    Hi, I need to know the details of Society Transfer Fee? The INR 25,000 (including 12,500 of seller’s) that the buyer has to pay to society, is used for what purposes? I tried searching it at various locations, but I am unable to get the break-up. Maintenance bill is there for maintenance purposes. Property Tax including sink fund is there for exigencies and emergency purposes… so for what reason this lump sum payment is made?

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  • Mahesh Kalouni says:

    I want to know the procedure of RWA society renewal not done from 2013 how to renew

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  • samit says:

    Sir,I have been giving my house on leave and licence for 11 months since the last 3 years. Is an agreement on Rs. 100 stamp paper legally valid or do I have to pay stamp duty and register the document as required by the society? Please advise

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  • Vimla Chand says:

    I need some advice regarding fixing the water seepage problem from the adjoining shaft in Dwarka DDA flat. It is now occupied by some friends who paid rent till June 2014 and are now staying on to exhaust the two months deposit. Can I still get DDA to fix the structural problem even though the flat is 10 years old? DDA had not fixed the bathroom or the floors properly either – so the ceiling is almost falling down – flaky paint work.

    I had a contractor who did not do anything and took the money for the same.

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  • ana says:

    Sir, We purchased an under construction apartment in redevelopment society from builder. Last year we got possession and we are staying there. Now old members are exchanging their old share certificate with old. But they are not giving share certificate to new members until we pay Rs.25000/- as entry fees. They says it is as per by laws of society. Our point is as the old society is dissolved and new society is formed with addition of a word ” NEW ” to existing name of society, then how we are entitled to pay entry fees? Can you please guide us on this. Thanking you.
    Ana Sanghe.

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  • Madhulika says:

    Hi, I have a DDA property which is pending for more than two years for mutation. After much delay finally inspection of my property is done. The inspecting officer said that I have violated some rules by providing more than required space for the Ac. he asked me to get the same filled and gave me some dimensions to be complied with. Please let me know if there is any such rules.

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  • K.Kedia says:

    Hi, I read in a recent newspaper that Supreme Court of India has given an order saying that maintenance charges by apartment societies should not be on area basis but on unit basis i.e. if a person owns a larger size flat, he need not pay extra maintenance based on the larger area. Can you please give details about this recent judgment ..what actually is the judgment..News item was published in The Telegraph,Kolkata ..a very reputed newspaper.

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  • R. RAJU says:

    From
    R.Raju, B21, Doshi Gardens, 321, Arcot Road, Vadapalani, Chennai – 600026
    I am residing in an apartment owned by my son paying maintenance charges to our Flat Owners’ Association registered under the Tamil Nadu Societies Registration Act 1975. The basis for sharing of expenses and receipts on common facilities and services till August, 2013 in this Complex of 177 residential apartments, for over 10 years from the starting days by the Builder, continued by another Association (DGRAOA) till it was taken over by the present Association (DGRFOA) was as per Square Feet of undivided interest of Flat owners based on, I presume, legal fundamentals indicated below:
    [1] Registered Sale Deed: Clause 13. The VENDOR doth hereby state that the sale is subject to the following conditions which the PURCHASER has accepted and agreed to a) The PURCHASER shall bear has proportionate share of the –expenses incurred in maintenance and pay proportionate share of taxes and rates in respect of the land described in schedule “ B “ hereunder.
    Schedule “B” is about the undivided share in the property.
    [2] Members’ legal ownership is not the carpet area (within four walls of an apartment) or plinth area (carpet + thickness of the internal walls and the columns). It is the area of the apartment together with the percentage of undivided interest in the common areas like corridors, staircase, lift room, motor room, security room, meeting hall, gymnasium and other common facilities; the measurement of this area of heritable and transferable ownership termed as the saleable area.
    [3] DGRFOA formed after owners took possession of the Apartments is for the main objective as specified in Memorandum of Association – Clause 3 – Objectives – 10 – To function as Trustee in-charge of all properties and buildings on behalf of the members and to promote and safeguard their interests, rights and privileges.
    [4] The Tamil Nadu Apartment Ownership Act, 1994 Chapter V – 19 Common profits and expenses – (1) the common profits shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities specified in the Deed of Apartment.

    But from September, 2013 for the increase in expenses the Association decided to share the increase on a per flat basis. In the AGM, I objected that as ‘per flat’ is not tenable under law. Some more members supported me. But it implemented its decision through purported minutes, as small size Flat Owners are in minority, drafting the minutes to read: “after a detailed discussion it was put to vote and it was approved unanimously”. Voting did not take place. I request to inform the legality in this regard.
    R.Raju Chennai 06.07.2014

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  • aakashsrivastava says:

    Respected sir,
    I am a resident of patel nagar , I would like to ask you a simple question that ” is it possible to build a small toilet on third floor for the person residing and who owns third floor. Is their any way where we can build a small toilet on the roof without the disturbance of people living on 2nd floor. Is it possible to have permission from MCD to make small toilet on roof as it is very urgent and important. kindly provide a solution to this problem and way to build a small toilet at my roof.

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  • Vimla Chand says:

    What about the shaft area which is leaking and that is causing the seepage in my flat? Is it not the responsibility of DDA because it is a structural problem.

    Secondly how do I fix the seepage problem in the flat – give me some practical solution

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  • Roshan lal Gupta says:

    Sir/ Mam,
    My self Roshan lal gupta 75 years of age, having a reputed member of our RWA society ‘ DEEP VIHAR PANSALI ‘ near Sec – 24 Rohini Delhi. At present I residing in Indirapuram Ghaziabad. I have a plot in Deep Vihar Society for last more than 15 years. I have pay money to maintain RWA Society for any type of maintenance as a member. Sir, when I asked to president ‘ Pawan Kalra ‘ of RWA Society to give me my proper address with Plot number and Khasra number of my plot, he refuses. Even he didn’t receive my written letter in which I told / mentioned him, the list of society members that they gave us to Delhi Govt. for Authorisation of Colonies. My name is also in that list but not mentioned proper Khasra. Sir, I want to know how to complaint and where to arrange my proper Address.

    I also Paste my Letter for Clarification :

    The President
    Deep Vihar Welfare Society (regd.)
    Reg. No. S/26669 of 1994
    F- , Deep Vihar, Pansali,
    Delhi-110042 01/08/2014

    Sub: Confirmation regarding my membership and address in the Society

    Dear Sir,

    With reference to your letter no.RWA/2009 dated 02/09/2009 regarding land status, letter dated 23/10/2009 regarding request for construction of road, letter of Govt. of NCT of Delhi Urban Development dept 10th level, Delhi Secretariat, IP Estate, New Delhi ref no. F: No.1-33/UC/UD/Policy/08/PF dated 12/8/2008 regarding eligibility slip for issuance of provisional regularization certificate bearing registration no.1071 and the documents available on the Delhi Govt. website regarding application registration no 1071, my name (Roshan Lal Gupta son of Late Sh. Banarsi Das Gupta) as a member of Deep Vihar Welfare Society mentioned on page no.__ as the owner of Plot No.73, Block A, Deep Vihar, Pansali, Delhi-110042.
    (Documents enclosed for your reference)
    I request you to being a member of your society for so many years to issue me a letter or a certificate confirming my membership, membership date and the address recorded in your records along with Khasra No. (as the documents submitted by the society to different Govt. authorities, mentioned the Khasra nos and the map layout). If possible please also mark my land in the map layout submitted by the society.
    Your urgent and fair reply helps the senior citizen like me and makes me proud to be a member of your society.

    Thanking you,

    Yours Truly,

    Roshan Lal Gupta
    Member of Society

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  • Roshan lal Gupta says:

    Sir, I want to know Where can I give my Complaint in Registrar of Authorities ?

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  • (Mr.) NARENDRA MATANGE says:

    Dear Sirs, Two clarifications:

    (1) Can a resident of a Co-Op housing society IN MUMBAI, sell (to another member of the same Co-Op Housing Society) ONLY HIS CAR PARKING SLOT (e.g Stilt) without selling his flat?

    (2) In case the answer to “1” above is YES, would it still be YES if the parking in question was THE ONE and ONLY parking that the seller has (allotted to his name : say, by the builder at the time of original purchase of the flat about 10 years back).

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  • sanju says:

    I have 2nd floor of dda flat in janakpuri ….i have one room with (cement lanter) roof terrace of my flat which is permissible as barsati…can ground floor and first floor can demolish this room by complaining to mcd..pls reply asap………i have additional small bathroom and toilet also on roof terrace……if it can be demolished by compaint by lower floors…

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  • parshotam says:

    I purchase two podium car parking from flat owner but flat in morgage in bank original allot ment from flat owner hand over to me and write to authorty and rite to me and letter to society 25 days flat was seas and flat auctio 45 days after 90 days new flat owner demand his alloted parking from me
    Iam paid regestration parking fee to govt who is write know car parking iam also paid first flat owner car parking charges pls help me as earlier as possiable society suppoted bank auction flat owner what can I du can society write legal support to him I letter to society iam purchase rights from car parking owner society no replay in 45 days no auction no replay to me know society support to bank auction flat purchaser l
    Pls guide me 09324259960 -08149600800-0251-2732854 0251-2232445; kalyan w 421301 dist (thane); mumbai –maharashtra– india

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  • manoj G mehta says:

    Dear sir is there any age limitation for a committe members or office bearer for new election or existance in co op HSg society in maharshtra like 65 years

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  • a v hardikar says:

    Sir, I am a member of a regi- plinth/ Coop. HS. My brother who stays in my bungalow requested me to make him Associate Member . He applied in 1991 for same.I recommended him in 1994. He paid entrance fee Rs. 10/ in 1997.
    On share cert. he was given Associate Membership -since 1994- 1st column. Office bearers sign in 1997-Last column.
    Can an application in 1991 be valid in 1997.
    Since which date -Entrance Fee raised to 100 from 10?
    Can this Associate Membership be Legal.
    Whether original Member has right to Terminate Associate membership given by Member?
    Pl inform with ref to MCS Act1960 and Rules.

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  • a v hardikar says:

    A cooperative court has given Ex Parte Ad in injunction saying “do not disturb possession” in property matter-(In C00p Court) This is in my bungalow in a CHS .Disputant is Associate member.
    The MSEDC meter -on my name. Title on my name.
    Can I keep Power meter in MSEDC s safe custody as I don’t need-I stay away and disputant stays in.I am worried about safety of meter. In dweller may tamper or .make mischief to send me to jail -IEA 2003 -holds ‘Customer’ responsible for this.
    While my worry is safety of Power meter -can I request MSEDC to keep my meter in Safe Custody – Indirectly stopping supply to Disputant?
    Would it amount to ‘Contempt of Court’? If yes then how to safeguard meter?
    .

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  • a v hardikar says:

    av hardikar my previous complaint-13.8 In dweller is gratuitous licensee .

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  • Dear Sir/Madam 

    My name is Vinod Parashar my age 28 . I got married with Miss Priya Punia age- 24 on 25th april by court marriage but her parents re-marriage her on 6th july without her will or permission and she still wants to be with me but her parents are not allowing her to live with me.

    Kindly help to get her back by law or by any way.

    Thanking you,
    Vinod Parashar

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  • a v hardikar says:

    A V H -My query is not answered.
    The Entrance Fee for Associate Member is hiked from Rs 10 to 100/ –This is effective since which date. Entrance fee not accompanying application- can such membership be LEGAL?
    2. Can original member , terminate ,his ,nominated member’s, associate membership by writing to The Society. Is it The Right of original member or no..if society refuses to do so –what next.

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  • Rakesh Nath says:

    Dear sir, I have staying in Malad – mumbai for 25 yrs ours is CHS and one of the owner is parking his four sumo inside building compound making us to park our vehicle somewhere else. Hence we would like to go ahead with legal action. He doesn’t park his cars outside boundaries saying he is paying parking charges. Pls send me contact person in this matter.

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  • Rajani says:

    what kind of charges can be levied by the society/chgs managing committee on a buyer of a flat. what does “bye laws” mean. can the above levy charges after me having purchased the flat. i am planning purchase of a resale flat in noida.

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  • AK Gupta says:

    Regarding online leasehold to freehold of DDA Flat , I generated the Challan but did not get my user ID and password in my e-mail or mobile. how do they send this. Could you please advise me what should I do to get user ID and password.

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  • TS KHURANA says:

    -Can the RWA change the land usage
    -Can the RWA or any other authority convert the set back areas and open area spaces where tarcoal is not laid into parking spaces under which all the sewage lines, water pipes and electric cables are being laid.
    -If there is a parking space in front of few flats, does that mean that only those residents in front of whom the space is available can park their vehicles and others of the same block cant
    -Can the RWA allot the parking space to particular flat holder by numbering and marking the space

    I am living in DDA Flats in South Delhi and due to wrong steps being taken by authorities here to solve the parking issues I need your legal views on the questions above.

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  • Aspi says:

    Can I store my used household items in my enclosed garage, along with my car if there is empty space left in the garage?

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  • HARESH KUMAR says:

    my society has filed a case against me for non payment alongwith interest dues.I would like to pay in instalments and what is the maximum interest the society can charge for delayed payments

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  • Oscar Lobo says:

    I am a member of a housing coop society in Pune. I would like to know if a member of the housing society can be given the work of total insurance policy, because I had read some years ago that members cannot be given any office of profit. If not, under which clause of MCS or Bye Laws? Would appreciate your earliest reply. Thanks. Oscar Lobo

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  • Naveen Aggarwal says:

    Can management of the society appoint a part time cashier/accountant without approval of the general body meeting?

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  • u kumar says:

    I live in a CGHS in Delhi having more than 300 flats. The complex was constructed almost 12 yrs ago. The society management is now contemplating to provide direct water connection at one point in each flat for drinking purposes at an abnormal cost. I would like to know if it is possible for DJB to provide such connections directly at each flat or it will be one connection and water would be stored at a central location and then pumped to each flat. Is it legally possible from MCD angle or not. Kindly comment. Thanks. P.S. As of now water is stored and pumped into each flat after getting supplies from a central connection to society from DJB.

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  • u kumar says:

    I live in a Cghs in Delhi. As of now no car parking charges are levied by the society. The society management is now contemplating to levy parking charges for extra cars. It appears that they may not levy charges upto one car. There is enough parking space in basements, stilt and open areas available and I think it is only a move to generate money. Enough maintenance charges are being levied already. Kindly advise if the society management can do so or not. Thanks.

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  • u kumar says:

    I and my wife had given some fixed deposits to companies named Micro Technologies India Limited and Avon corporation Limited, Mumbai through Bajaj Capital Limited, New Delhi in the years 2012 and 2013 for just one year. Both the companies have now gone into liquidation and prov.liquidators have been appointed by the Mumbai High Court. Affidavit of debt have been submitted to the liquidator through Bajaj Capital Limited, New Delhi. Could you kindly advise as to what would be best way to get back our money through the Liquidators. We are both senior citizens and medically unfit to travel and pursue our cases personally in Courts of Mumbai. Company Law Board and Ministry of Corporate Affairs, Mumbai have not been of any help. In reply to petitions submitted on line the reply given is just “closed” cases. Pl advise. Thanks.

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  • u kumar says:

    Thanks for your prompt reply. Would you be kind enough to inform as to what is the proper laid down procedure which the management and members are bound to follow. Regards.

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  • u kumar says:

    Thanks for your reply. No credit has yet been given. Contacted prov.liquidator. They are still working on this and try to work out the cost of assets v/s liabilities and may take months to resolve matters of resettlement of dues. Will revert after getting views from Bajaj capital limited. Since Bajaj capital ltd. were instrumental in promoting such companies can they be asked to either pay or get the money from the companies recommended by them. Will appreciate your advice also. Thanks.

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  • Naveen Aggarwal says:

    sir, if the lower and upper flat owner done some internal alteration in their flats and there is a leakage from the upper flat and he is not willing to get repaired,then also can the lower flat owner has legal right to go in the court of law and get the compensation.

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  • Naveen Aggarwal says:

    if the lower and upper flat owner done some alterations in their flats and there is a leakage from the upper flat owner. Does the lower flat owner has a right to go in court of law and get his flat repaired/claim the cost and compensation?

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  • Parmrajan says:

    Sir, My father had books a flat in a co-operative society in Delhi. CBI has filed a case in Rohini court in which we are appearing and we want to change the Advocate because the present Advocate is always sending his Junior, who is not aware of the case properly. Please advise contact of your legal expert and his willingness to handle our case.

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  • Vishwakarma Sharma says:

    Sir, Our co-operative group housing society has not completed audit / statutory audit for the last 6 years and elections also for the past 7 years have not taken place. Several representations have been made to the Registrar of co-operative society but conditions have remained the same till date. Can you please help us in any way i.e. by giving guidance or by filing case in any court because the Secretary of the society has eaten away our payments also.

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  • Subhash K Mansukh says:

    Sir, one member of our society is not paying society dues since 1999 also no contact number, address is not available with society. Also his flat is closed from 1999. Could you please suggest how to recover the dues.

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  • iknowledge says:

    Hello, I need legal advisors to fight a case against the society for car parking.

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  • jsr says:

    wanted help to get my society flat in dwarka, freehold. society is brahma in sector 7

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  • Vikas Jain says:

    Hon’ble Experts/Advisors
    ,
    We have recently formed a managing committee consisting of 12 members for Housing Co-op. Soc. There are total 250 flats in society out of which 60 are owners and rest is rented.
    We had informed to Builder about this and he had proposed us that we should give him the names of officially designated Secretary/Chairman, and he will manage to open an New Bank account in the name of the society wherein he will deposit our maintenance security amount and then he shall process the partial – handover of the society to us which will empower the Committee to take the control and charge of Maintaining the Society. The Builder has informed us that there are still 20-25 flats remaining which are yet to be sold out.
    Our Queries:-

    1) We would also like to understand that as per The Gujarat Flats Ownership Act, how long a Builder can retain the maintenance of the Society at his own end.

    2) Is it advisable for us to take this partial hand over of the society?
    Regards
    Vikas

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  • Rajesh Verma says:

    Hi, I am an Hon.secretary of an adhoc committee in the CGHS, located in Dwarka. Recently, as we written to the RCS to conduct an election process in the society, and we got the election schedule, lined up by end of this month.

    There are many issues in our society, and one of the major issue is; to issue NOC to members so that they could apply for Free Hold of their flats as the NOC was not issued to many members by the previous Management Committee, including the adhoc committee President also. The previous Management Management found to be doing lots of financial irregularities and used to ask for money in lieu of issuing NOC from members).

    Being the Secretary of the adhoc committee I raised this concern many times in our weekly meeting with other adhoc committee members, including the President but he too never shown interests in issuing the NOC to all effected members and delaying the matter. As some members were getting effected, I discussed this matter again with all adhoc commiittee members in our weekly meeting last week, including the President, the Treasurer and another Elected Member. It was agreed that the society will issue NOC to effected members in a weeks time, before the election date, i.e. 31 August 14.

    Since it was agreed that adhoc committee will issue the NOC, we prepared some NOC’s for some members, including the President also, and kept these unsigned NOC’s for getting signatures from authorized signatories, i.e. adhoc committee’s President, Secretary and Treasurer. Both Secretary and Treasurer signed all the NOC’s and when we presented the same for President’s signature, he asked again for one week’s time. Having noticed that President is buying time and may not sign the NOC, I gave him a final deadline for a week for signature so we could handover the same to members on 24th August before the election date, i.e. 31 August 14 and kept all NOC’s in the society office, with an instruction to office manager that he should not handover the NOC to anyone, including the President.

    In the meanwhile what happened is, the president came to the society office a day before our weekly meeting day, i.e. Sunday,in our absence and took away his NOC-which was already signed by two authorized person of adhoc committee, with a false statement to Office Manager that he has already spoken to me (secretary) regarding his own NOC and hence he is taking his NOC.

    When we met for weekly meeting on 24th August(Sunday), I raised this issue and asked him to sign the other NOC’s also but he refused to sign other NOC’s, and said that elections are being held and new MC will take over they will decide on these NOC’s. On my question to him, then why he has taken his NOC without intimation to me or other MC members by using his position on Office Manager with false statement that he has already spoken to me, he simple denied and gone back from his words and refused to handover his NO-which he has procured with ill intention and act of cheating.

    My questions are; being the secretary of the adhoc committee and elections date very close, i.e. on 31 August 14;

    >What action I can take against the president as he misused his position and took away the NOC from Office Manager with act of cheating?

    > Is it possible to cancel the NOC which he has taken away with ill intention?

    Please advise at the earliest as the elections are being held in our society on 31 August 14

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  • Ramakant Kushwaha says:

    Hi All,
    Can you share me the logic how a share of an individual is calculated in housing society. In Our society we have 1,2,3 BHK flats, but the share certificate issues to individual is 5 share each. Is that correct. Please suggest.

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  • anwar shaikh says:

    I have given my flat on rental basis and am paying the non occupancy charges and maintenance on time.however the society is asking for 10000 as security deposit and 3000 as payment apart from non occupancy charges.The same thing had happened in my other society where the owner was asked to pay 1000 in addition to the non occupancy charges.He complained to the registrar and the secretary was called and given a warning.Now they charge only 200 as non occupancy and nothing apart from that.do i need to take the same steps to file a complaint and how do i go about it?, please advise

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  • zain Jaffer says:

    Hi,
    I have taken a flat on Leave LICENCE BASIS alongwith the open parking space.Though i dont have a four wheeler at present so i want to give that space to another memeber who doesnt have a reserved car parking .But society is asking for the NOC from the owner to do so.Societ formed recently & they are not issuing me the Sticker for my space..I have submitted the allotment letter also to the society .What to do?

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  • Dr.Jayant R.Maheshwari says:

    Ours is a registered CHS in Thane,Maharshtra.
    Form-A submitted by the builder to registrar of society mentions that there are about 30(Out of 220) unalloted parking spaces.
    However after society handover we realised that there are only 19 unalloted parking.
    Even after 3 yrs of society formation builder is issuing backdated allotment letters to some members & the MC is in collusion with builder is accepting all the letters to allot the parking.
    As on date against 220 parking in Form A society has 260 alloted parkings due to some 40 more spaces created by MC.
    Also builder is not ging the list of original 190 members who as per his declaration are allotes of parking.
    My question is the declaration no of parkings alloted in Form A is final? How to tackle leaglly the illegal acts of MC of society.Can we complain to registrar of societies?

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  • Dr.Jayant R.Maheshwari says:

    MC is not willing to accept the Form -A(Obtained under RTI from RCS) & alloting balance spaces & the extra spaces created without following the society bye laws,on the basis of back dated allotment letters brought with balck money from builder.AGM passing resolution on the basis of majority that illegal allotments from builder are final.We have already taken written objection.But how do we force the reversal of these illegally alloted.

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  • Varsha J.M. says:

    our MC society called for an SGM(Video Recorded)on 13/04/2014.Agenda was civil work amounting to 7 Lac.Passed with majority.Now before ciculating the Draft minutes of SGM & waiting for 15 days for members objections the work was carried out and 80-90% payment was made. After 3 months period now they have circulated the minutes.what action can be taken against MC fo this? can we reject the whole expence?

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  • Gurbachan Das says:

    Dear Sir, My co-operative group housing society at Patparganj is charging Car Parking charges every month for parking in the open space of the society but not giving guarantee of the availability of space of particular slot of parking. I have complained to the Registrar many a times but there is no action and on the other hand the Society has increased the charges of car parking as Rs.500 on 2nd Car, Rs. 2000 on 3rd Car and Rs.5000 on 4th Car. I am 4 Cars and I have to pay Rs.7500/- per month and still some of the time there is no space in the Society to park the car in the open space of the society. I want to file a case against the society for which I need your sincere advice for which I will remain ever thankful

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  • Gomes says:

    Sir,

    Sub: Coop Hsg Soc upper flat structural renovation, causing leakage, seepage damage to the ceiling and walls of lower flat.

    We live on the 4th flr of 6 flooried coop hsg soc in kurla (w), mumbai. (‘L’ ward)

    After major structural changes carried by the flat owner member on the 5th flr, with the help of a local mason, there has been leakage and water seepage thru their bathroom via ceiling of the toilet and the adjacent walls being dampened and painting smeared in the flat of the 4th floor, due to the continuous leakage and dampness.

    It is over a year that we have submitted a written complaint to the Managing Committe and also verbally intimated the flat owner residing on top about the matter and the inconvenience caused to us. It is now over one year and we have given a reminder through second complaint letter, but no remedial action has been taken.
    We also have no intimation from the managing committe on this matter. As we are now helpless.

    Kindly guide us the right procedure to have the problem solved either amicably or legally whichever is quick and will bring results and resolve the long pending problem.

    Thanking you,
    Gomes, Mumbai
    **

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  • Gomes says:

    Sir,
    Sub: Exorbitant Non-Occupancy Charges by Managing Committee of Coop Hsg Soc, Mumbai
    (Non-Occupancy charges of Rs 500/- p/m over and above 10%)

    The Managing Committee has recently levied an exorbitant Rs 500/- as non-occupancy charges per month. Our monthly maintenance bill amounting to Rs 794 inclusive of Municipal Tax and Water charges. We belong to ‘L’ ward.

    We have written a letter to the Chairman indicating about the illegal charges levied as non-occupancy, and we will continue to pay only 10% excluding municipal tax. We have also requested them to adjust the excess amount paid in the forthcoming monthly bills.

    Kindly guide us the procedure and the right kind of authorities to approach to put things right with the Chairman / Secretary who are unjustifiedly dictating terms.
    The Secretary incidentaly is a Lawyer in the High Court and most of the members are afraid of his designation and dictatorial attitude.
    Is the Managing Committe justified on levying penalty if we refrain from paying the exorbitant and illegal Non-occupancy charges included in the bill.

    With your free advice kindly guide us the right source to approach in the given situation and get due justice in the matter.
    Thanking youu,
    Gomes
    **

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  • Gomes says:

    Sir,
    Sub: Original Share Certificate from Society not received even after over six months of submitting application for correction in the name wrongly typed, with indemnity bond.

    We have submitted the mutilated original Share Certificate to the Chairman / Secretary of the Baba Coop Hsg Soc in Kurla (w), Mumbai, for Correction in the name of the Associate member which was wrongly typed, together with the Indemnity Bond and written application for issuing us the new corrected Share Certificate.

    It is over 6 months, but we have not received any intimation from the Chairman /Secretary, or Managing Committed, nor did we receive our original Share Certificate from them.

    What is the normal time span to receive a fresh original share certificate, and what would be the cost involved which is required to pay for acquiring the same?.

    Kindly advise on this matter and guide us how to go about our next step and who are the right authorities that we must approach in order to acquire our corrected original share certificate from the Chairman.
    A reminder to this has also been recently sent to the concerned authorities in Managing Committee, but no reply.

    Awaiting your reply and free advice and guidance.
    Thanking you,
    Gomes
    **

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  • Gomes says:

    Date: 4th September, 2014
    Sir,
    Sub: Exorbitant Non-Occupancy Cgarges by Managing Committee of Coop Hsg Soc Mumbai.

    I have recently leased my 1BHK flat in Kurla (w) mumbai ‘L’ ward, on rent for a short term. (From June 2014). The bill was raised after 3 months in August with Rs 500/- as NOC, for each month. Regular maintenance bill comprising of Rs 794/- plus NOC of Rs 500/- totalling Rs 1294/-.
    Thus, the Managing Committee of the said CHSL has raised the maintenance bill with Non-Occupancy Charges of Rs 500/- which is more than 10% in the monthly bill. Whereas 10% calculation would amount to Rs 14/- (excluding municipal tax, BMC charges).
    Inspite of submitting a letter to the Chairman requesting to adjust the excess amount paid and rectify the error as it is illegal and unauthorised, they have continued to send me the bill for september 2014, with Rs 500/- as NOC, total bill amounting to Rs 1294/- without any reply to my letter or reason for charging the amount of Rs 500/ as NOC.
    In such a case, if i continue to pay only the normal maintenance bill amount of Rs 794/- can the managing committee levy interest on the NOC amount which is illegal and unjust. or should i pay the normal maintenance bill amount of Rs 794/- with 10% added to it amounting to total Rs 808/- (excluding municipal tax). Please advise the exact amount that i must pay.
    (It may be noted that the society is blessed with sufficient annual funds from the Tata Hub that has been installed on the terrace of the building. But there is no transparency of the inflow of funds by the managing committee)
    The format of the bill is as follows:
    (For your Ref and advice only… Our Coop Hsg Soc Monthly Bill is in this format:)
    Sr No. Particulars Amount
    1. Municipal Taxes 555
    2. Maintenance Charges –
    3. Sinking Fund 139
    4. Parking Charges –
    5. Non-Occupancy Charges 500
    6. Water Charges 100
    7. Any Other (Specify) –
    ————————-
    Total 1294
    ================

    – Kindly advise the format of the complaint content to the Registrar of the society, and the postal address of ‘L’ ward, mumbai.
    – Also the address of the officer of the Consumer court / Forum in mumbai.
    – And the format of the complaint to lodge with the local police of the concerned ward.
    Finally, how long will the matter take to be resolved as i want to know if it is worth doing this stressful exercise since the secretary is a lawyer and can indulge in crooked ways to harass innocent and helpless members like us.
    Awaiting your reply and free advice.
    Thanking you,
    Gomes
    **

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  • DINESH KALRA says:

    Dinesh Kalra want say. I am staying in Raheja Society, Our flat was under interior renovation what changes i am making in my flat was objected by our secretary but the changes she made in her mother in law flat were similar to the changes made in my flat and she completed her work in her mother in law but chairman suspended my work order not allowing my flat to be completed. what should I do.

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  • R.B.Daswani says:

    There is AGM on 14th Sept 2014. Society has circulated agenda points and audit report. In Audit report, Auditor has pointed out that additional sum of Rs 25,000/- can not be charged in addition to the premium on transfer fee of Rs 25.000/- without amending the Bye-laws of the Society. Can Society now amend the Bye-laws now from back date?
    TKS

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  • Gomes says:

    Sir, Is it mandatory / compulsory for the members of the managing committee to file and M20 bond, or has this rule been scrapped currently. pls advise

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  • Gomes says:

    Sir, Can a Tenant/Lessee/Nominal Member be referred to be registered as an Associate Member with request to the Secretary / Chairman via the managing committee of the coop hsg soc in mumbai. Pls advise the time span, procedure and whether the tenants name will reflect in the share certificate also and the fee / cost or charges involved to process the same. Thanking you.

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  • Rakesh Arora says:

    Dear Sir

    I am member in co-op GH society in Dwarka being run by a builder illegally. Several representation were filed against the management in January 2014. The RCS office has issued SCN u/s 20 to vice President and Secretary, u/s 61 enquiry has been initiated, u/s 37 comments has been asked, enquiry of embezzlement has completed with which society staff found guilty. The guilty staff is still continuing with the society.

    The society staff had embezzled Rs. 1.02 crore from society Netbanking facility.

    The society as per demand claimed they are providing covered area of 4 bhk 2204 SFt as per demand notice and proposed unit plan but drawing have been approved of only 1080 sft. The society management is not clearly ambiguity. There is clear Duplicity in unit areas.

    The contract of the contract and Architect has no approval of the House after January 2012.

    The contract of Rs.312 Crore had been awarded to contractor illegally with nexus of Architect MC and Architect, without being part of tender process.

    The society is doing illegal construction since last one year without obtaining valid approved drawings from DDA with nexus of DDA Officials.

    All complaints / representation have been duly filed with RCS office. The RCS office is taking very lenient approach and slow progress of action is facilitating the management.
    The management is not providing information under RTI even after order and penalty of Rs.10000/- from RCS office.

    Please advise.

    Thanking You

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  • T.SELVARAJ. says:

    I am ex-serviceman Navy and filed case for Reservist pension in ATF-Kochi, no favourable order but allowed to proceed to supreme court. Can you tell me how to approach Supreme Court with free legal aid? Is the Government of India trying to open a Supreme Court bench at Chennai/south?

    As I am above 65 years, I sent application for Pecuniary grant of Rs.1000/- but the Kendriya Sainik Board not
    giving. Written to all authority but no favourable action. What to do?

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  • madhu says:

    I have parental property after my parents demise I one of the legal heir of the property sent letter to DDA that not to give mutation/freehold to any one person without the consent of all the legal heirs. Inspite of my repeated requests DDA did mutation/freehold to my brother. What can I do pls guide me. Can I seek legal action agaist DDA and my brother.

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  • Shobith John says:

    What is the procedure to trademark a Band ( Musical Group ) name in India?

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  • kulbhushan rana says:

    Respected concerned,I have purchased dda lig flat on 2011 from the original alottee and now i want to freehold it. Pl let me know the fees or contact no of your association.

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  • Sonia says:

    We live in DDA colony, Sarita vihar. The matter is concerning parking area. There is a common parking area given by the DDA but some residents feels its their prerogative to have their cars parked right in front of their house and since it is not acceptable to all the residents (since it is not practical) they have locked the entire parking area. The area which till now was used for parking on first come first basis is disputed area and the privileged residents have locked the entire parking area. The President of RWA is fooling the fellow residents since he too is wanting privileged parking. Please advise what to do.

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  • sonia says:

    The RWA opened the gate yesterday night but did not allot car parking to all properly and have marked the house nos. on the parking area. Is this allowed? Can they allot parking like this? Should the parking slots not be on “first come first basis” ? Keeping themselves in mind they have taken the parking slots in front of their houses and given parking to others next to a neighbouring house. Tomorrow when the owner of this house comes he will certainly object since 7 cars are parked facing his bedrooms. Obviously, not everyone is happy with this decision. Legal is the only way out? regards

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  • k.R.Chandran says:

    I am a member of CGHS housing society in Dwarka.The MC is charging the highest slab rate @Rs,8.75 for the entire consumption in each flat while the average slab charge comes to Rs.7.25 only.from July2014.The bill comes from BSESRPL to the society and members pay asper the sub meter in respective flat.Is this legally acceptable?

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  • Sushil Kumar Jain says:

    Dear Advocate, Are you dealing with GIC cases of Hindon Heights association , Ghaziabad too?
    Myself and my son Ankur Jain had booked two flats with shreya developwell and had taken loan from GIC.
    Please advise if Hindon association ex advocate sunil kumar is asking is 5% fee of the booking ammount for refund of one flat booking ammount only and not refunding the booking ammount of another flat in name of my son Ankur Jain. Society secretary Mr. P.C.Goel saheb have advised me to take the draft but not to pay any fee to ex advocate. Would it be ok?

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  • Dilip Dangi says:

    I need to have one constitutional answer. In case of any tribunal creating statute being declared ultra vires what would be effect of this finding on its previously rendered judgement. Kindly cite the precedents, if any, in this regard. Thank you.

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  • CHERIAN MATHAI says:

    Sir, my free hold application of DDA flat pending for more than 10 months. my grievance letter and e.mail messages to DDA VICE CHAIRMAN, COMISSIONER HOUSING, LG OFFICE, all failed to get reply.
    I AM SENIOR CITIZEN & PARALYSED PERSON.
    IS THERE ANY DEPT. WHO CAN HELP ME TO SOLVE MY PROBLEM
    RGDS
    CHERIAN M.M.

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  • Dharmesh says:

    To

    The Director General
    Town & Country Planning Department , Haryana
    Chandigarh

    Sub – Complaint on Illegal and unauthorised shops raised in J Block, Mayfield Garden, Sector 51, Gurgaon – Haryana.

    This has in the reference to the subject sited above . The issues of Mayfield Garden, Sector 51, Gurgaon – Haryana are still pending in the institution of Hon’able Lokayukta , Haryana .

    No permission ever granted to run fruit & vegetable , Milk booth to any of the application by the Town & Country Planning Department , Haryana , HUDA and MCG despite the demand raised by various RWAs . Here despite the protest of residnets no action taken

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  • Channel Residency CHSL says:

    Dear Sir, Please inform us about any commercial activity in a flat by a flat owner/rentee of a residential society is permitted or not. Thanking you. Managing committee, Channel Residency CHSL, Takka, Panvel 410 206

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  • SUBJECT ;-
    1, EASEMENT RIGHT OF WAY ROAD ACCESS.
    2 ;- A memorandum of understanding (MoU) CHEATED WITH LANDLORD.
    I HAVE PURCHASE A PLOT IN 2006 WITH LANDLORD TAKEN POWER OF ATTORNEY.NAMELY HIS NAME IN 7/12 ..AND AFTER TAKEN A POWER OF ATTORNEY WITH LANDLORD … WE HAVE DEAL (AND FIX A AMOUNT)TO ANOTHER PERSON IN THAT PLOT HE WAS 75%SHARE AND 25 % SHARE OF US IN PLOT,WE MAKE A memorandum of understanding (MoU) WITH HIM …HE HAVE PAID SOME AMOUNT AS A TOKEN AND SOME CHECK OF AMOUNT OF 80%OF AMOUNT OF HIS SHARE….TO US AND AFTER A memorandum of understanding (MoU) HE HAVE ASK TO GIVE A COPY OF MOU …HE REFUSED TO GIVE US COPY OF A memorandum of understanding (MoU) ORIGINAL AND ALSO XEROX ,HE HAVE TAKEN A ORIGINAL COPY WITH HIM UNTIL NOW HE HAVE NOT GIVEN A COPY OF XEROX … AND AFTER AGAIN AND AGAIN WE HAVE TALKED TO HIM FOR MONEY TO GIVE TO A LANDLORD AND ASK FOR COPY….HE SAID WE HAVE KEPT IN BANK LOCKER OF MOU COPY …THAT MEANS HE HAVE CHEATED TO US …
    THEN AFTER MANY YEARS GONE{ 3 TO 4YEARS } WITHOUT NOTICE TO HIM ,WE HAVE REGISTERED A AGREEMENT AND P.O.A. .. AND ALSO NAME CHANGED IN 7/12 OF US ME AND MY BROTHER …
    MAHANAGARPALLIKA HAVE BLOCKED MY ROAD ACCESS ALSO THEN…WE HAVE CASED A PIL IN VASAI COURT,WE GOT STATUS TO STAY,AND AFTER MAHANAGARAPALIKA ADVOCATE,CASE GOT CANCELLED OF STATUE TO STAY ,THEN WE GONE AGAIN TO APPEAL IN VASAI COURT….AND MY PARTNER ALSO HE IS NOT TAKING ANY DECISION OR NOT COMING TO US,
    AND NOW WE WANT TO MAKE A GARDEN IN MY PLOT THEN IF A PERSON COMES IN MY PLOT ,WHICH WE HAVE DONE A MOU WITH THEM BEFORE, SO WHAT SHOULD THE ACTION ,WE HAVE TO TAKE WITH HIM FOR CANCELLED A MOU …WHICH THE XEROX ALSO WE DON,T HAVE LAWYER OR SOLICITOR,S, TO SHOW IT …..THANKING U IF U GIVE UR SUGESTIONS TO US ….
    PLZ MESSAGE IN PRIVATE.
    vasai court case is pending….

    THANKS TO CONTACTING

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  • om says:

    sir i had purchase a flat in ranchi in 2009 at that time i had not purchase a parking are in the apartment no i am ready to take parking area but builder is refused to allot me parking are is there any legal action we can take ,in the state of jharkhand

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  • rohit.sharma4@india.com says:

    Sir, What are my options if the RWA is putting charges on car parking and sometime even threatens to call police for example at one instance they have put notice that get the parking stickers re-issued or we will not allow the car to enter the premises and will take help of police. Also there has been issues where the security and Secretary RWA declined to help when there are monkeys roaming near the parking.

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  • sanjeet says:

    Sir i want to register a society. Please suggest me the processor for registration of society

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  • Manoj Kumar Raizada says:

    Dear Sir/Madam, if seepage is effecting one apartment owner and is originating from the other flat, then who is to pay for the repairs. Thanks

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  • Jayaram, M says:

    Dear Sir,

    We are a society in Thane, Maharashtra, consisting of 140 members, in 5 buildings. As we are about 20 years old, we had decided to go in for major repairs after a structural audit carried out by IIT, Bombay.

    At a SGM in Feb, a resolution was passed that the “structural” repair work be only be carried out by IIT advised specialist contractors; 3 of them. The IIT audit report clearly mentions that all work, inclusive of structural, crack filling, plastering, plumbing & painting be carried out, to enable them to issue the stability certificate once all the work is complete.

    A tender was prepared & issued through a Consultant. The 3 specialist contractors had picked up the tenders; but not quoted, as on due date, 28th of Feb.
    Subsequently, the Secretary had called up 1 of them; the other 2 did not either quote, or regretted.

    The 1 who had quoted; did so partially; on the 3rd of March; only for the structural work, again and clearly mentioned, during a post tender session along with the other 3 who had bid; that he had quoted, only because the society had requested him. His revised offer, is again pertaining to structural & related work, only.

    In a meeting held today, by some members of the MC, quorum available; the Chmn had invited a resident who is also a lawyer; who said that no SGM is required to be held to decide the contractor; the MC can do it; that the tendering process itself was invalid under bye law 159 of the MSCHSA & that the order should be placed on the 1 party who had quoted partially; after the due date.

    We feel that this action by the Chmn is totally not legal; whichever way it is looked at & we would like to have your advice – as a MC meeting has been planned for 18 to finalise the contractor !

    We look forward to your speedy response !

    With thanks & regards,

    M Jayaram

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  • zia khan says:

    i want to start a school and presently running an institute for engineering students need advice what i need to register under (society act / trust / pvt company)

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  • Dr. Aarti daswani says:

    can C H S (Mumbai) can withheld transfer of flat on the ground “Change of reason/use” under Model Bye-Law 76(d)

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  • Jay says:

    planning to purchase flat in pune. builder drafted agreement of sale confuses me.. needs clarity on one of its clause 1) in agreement builder stats that builder reserves right to use top terrace of building for commercial purpose (advertisement, cellular tower etc) & no flat owner of building should object this. my doubt..is this legal & also after forming society & getting conveyance deed from builder..will builder still holds right over top terrace.

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  • dr.r.sudhakarrao says:

    dr.r.sudhakarrao
    Hyderabad

    hello sir please clarify me the doubt of a property was purchased by me to my sons name is a binami transfer or binami transaction.

    I have given advance and payments to a builder from my bank account to the builders account to a tune of 50 lac, just before the registration the builder has demanded more money than agreed vale for the property, as I am not eligible to get the bank loan my son got loan sanctioned on his name and the property was registered on his name only as per the bank officials the registration was done on my son name alone. for a property of approximately 70 lac I have paid from my accounts 50 lac and bank loan of 20 lac on my son name, the registration was done on my son name alone, now does this transaction mean binami transaction, please clarify cant I as a father buy a property on my son?

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  • anwar shaikh says:

    Since you have paid 50 lacs from your own funds banks should not have any objection adding your name as the coowner.you need to inform the bank about the same.i have purchased two flats in the same way where my father is the co owner & i the owner.

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  • Sudhanshu 701 says:

    Dear Members,
    I want to know if a RWA registered under ROS 1860 act & is declared deliquent by ROS , can its registeration number be used for legal purposes & can it function at all???

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  • Gaurav says:

    Hi,
    Just wanted to know, I am a resident of cooperative housing society, i was issued a No dues in 2012 on which basis i got my house freehold now in 2015 the same management committee has issued a notice to me saying you have dues of before year 2000 for which i was never given any notice or information for 15 years, now please give me guidance on this… when No dues was issued how can that be be null and void and how can they claim a 15 years old dues without notifying me once in 15 years

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  • deepak says:

    What is the process to convert leasehold property to freehold in geetanjali enclave south Delhi.

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  • M Ramu says:

    MUMBAI Housing society.
    The problem is presented to your forum of advocates and we hope a suitable solution would evolve.
    This member feels that only he knows everything and others must work as per his opinions. what is the way out. He may create further problems and stall redevelopment.

    1 He says the bye-laws are not adopted by the society. The MC stated that the byelaw book was under print and so the byelaw passed earlier was continued with the consent of members.The new byelaw was adopted in 2014 and he contends that the signatures of the members are not there on the page and the Dy Registrar(DR) has also not signed and sealed on the page. The mc had made efforts to get it done but there was a backlog at the DR office. However, there is a letter from the DR that the byelaw is passed. He has not obtained a stay on MC functioning.

    2 He had spent Rs97000 on repairs and bills of the society.The MC gave him a chq but in the voucher, it wrote “Full and Final Settlement”. He said it should be “Reimbursement”. The chq and Vr were returned.After a verbal spat the matter lingered. Now he wants interest at 21% but the society is ready to pay 4% interest for 5 years. The society is not a profit making body. THe DR had written to him asking him to produce documents of the society with him in 7 days and take the amount. He refused to abide by this order/ letter.

    3 He said one member has not submitted the purchase of flat doc to the society. The concerned member is also the Secretary of the society. He said that all doc need not be shown to all members. Only doc relevant to the member need be shown to him. The case- member has however, got the doc from the sub-Registrar’s office but he still wants the doc placed on the Table. He has claimed that the secretary is untrustworthy and not fit to hold office and must pay to society Rs 40 laks.

    4 He has claimed about Rs 6 laks(incl Rs1 lak bills) as expenses reg court case, advocate’s fees and transport . The society is willing to pay about Rs1.75 laks.He has claimed taxi fares for all visits to DR office and advocate.

    5 the old share cert is not exchanged by the member, even though, the Hsg Federation has advised that he should surrender the old share cert and take the new one. He feels that he is an old member and the old share cert is his property and he has no link documents. The new share cert has a suitable note on it.

    The member has refused to accept the initial chq from the builder reg re-development and has not signed the consent letter.

    M Ramu, Mumbai 4/6/15

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  • M Ramu says:

    The reply is always refer to adv and pay fees. This is no service. M Ramu. 5/6/15

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  • v p sachar says:

    Whose responsibility to collect TM from Greater Noida Authority for sale of a Flat. Is it the Buyer’s or Sellers or the Authority sends the same by Speed Post on the Postal Address ?. The Application for TM, along with all the necessary documents and the requisite D/D for the amount for Transfer has been handed over to the Authority on 15 May. I am in Bangalore and shall be travelling to Greater Noida for the Registry in favour of the Buyer and other associated formalities
    Grateful for the expert advice and Thanks.
    Wing Commander V P Sachar ( Retd )
    Bangalore
    Mob 9900821044
    Email sacharv@ymail.com

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  • M Ramu says:

    This problem is faced not by Sachar alone. All of us face it in different depts at various times. Saying it is an individual problem is to shuck the issue.
    And Sachar ji, we are praja and govt officials are Raja. We have to be aftr them to get work done and many time s bribe them. There is no accountability and no time limit for various works. My DL is pending renewal at RTO Mumbai since last one month, the officials say DL are pending over 3 months, so wait. And going to the RTO for this basic enquiry takes a day. We are praja and they are Raja. The Govt should be ashamed of itself.
    Ramu dt 11/6/15

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  • rakesh ranka says:

    sir, last year I bought a flat in a co-op. scty in vile parle at top floor in my wife’s name with the stilt parking in resale, when we shifted then I noticed that they made flower bed in front my parking & also on turn to enter to my parking they allotted two parking on top of water tank illegally to other members by taking handsome amount, when I object that I am facing problem on turning & to take out my car from my parking the became deaf. my repeated attempt to talk to them & in writing but they are not bothering. instead of solving this issue they started to harass us. they put lot of hindrance in front of my car & when I remove them then they falsely alleged me that I damage the society property & fined Rs.5000/- for this. when I strongly object for this & ask them to provide me all the details but they refuse & said it is unanimously decision taken by the MC. since we are on top floor now they allowed some of co-members to put there ac’s split unit in duct line area just above my flat & due to this we are having problems, we are facing scorching heat due to this when we ask them to remove or divert the same but they ignored. I don’t know what to do ? should I file criminal complaint against them for this ? MC members are very arrogant not listening & do the things there own. our scty is facing serious cleanliness issues our premises is very dirty, the gutters are overflown all the time but they keep mum on all this issue. My serious concern for health, I wanted to know is this allowed or permissible to park the cars or other vehicle on top to water tanks ? water tank on ground level & all the rainy water is mix with that so it is allowed to keep water tank on ground level ? pls suggest what I do ? we are new in this scty & we don’t have much communication to other members.

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  • Sanjay Gupta says:

    Dear Sir, Can the Cooperative Group Housing Society demand maintenance charges from their member even member did not take the possession of the flat.

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  • Rakesh says:

    Dear Sir, there was limit of not more than 3 terms for President, VP and Secratary in DCS act 1973 but later this clause was removed from DCS Act 2003. But if the byelaws of society are earlier than 2003 and they have this restriction and they have not been modified to remove this clause, does this restriction applies or not?

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  • Rakesh ranka says:

    Sir can u suggest or advice me for advocate in mumbai

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  • Ajit Malik says:

    Dear sir, Is it legally permissible to play football, cricket in CGHS small green area in Delhi by grown up boys which causes inconvenience to ladies, elderly people while they are on walk or sitting around? would appreciate your advise please. ….Regards

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  • Rakesh says:

    In case of joint membership, can the person whose name is second in the share certificate, contest for managing committee elections? Can you share the section/rule of the DCS Act under which this is applicable?

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  • Anil says:

    In my registry papers there is mentioned common parking what does it mean can i park four wheeler also because i am owner of onebed only.

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  • Anwar Ansari says:

    My father has a property in Delhi in his name. We are 3 brothers. My father has separated the elder brother 20 years ago. He does not lives with us. My father has a business too. My younger brother helps my father in this business. I was not able to involve in the business due to my studies. After completing my studies when I failed to get a job I asked my father to join his business but he denied me to look after that. My father did not give me any money for livelihood too whereas He provides full support to my younger brother. Now my father is saying that he’ll give all his property & business to one son only i.e. my younger brother and me & my elder brother will not get any share in his property or business.What if he writes a will in my younger brother’s name? Can we still be able to get our share? Can we stop him from selling his property to others?

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  • Mohak says:

    Can a society impose fines and penalties, if a car after being registered with the society is parked in its allotted space without pasting the sticker?

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  • Prof.Patel Karim Habib says:

    Hello , Dear sir I want to search Highcourt Mumbai Judgement copy and G.R. regarding Litigation property (Lis pendency) please send it me through mail I am very needy person because of I starts CBSE school that property it is social need .please co-operate me .Thanks.

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  • Sanjay says:

    I am a tenant in Delhi CGHS for the last 8 years and is paying 50% extra towards maintenance charges – I understand the MC has the right to impose higher charges from tenant towards essential services, please help us to understand AS TO HOW MUCH EXTRA can the MC impose and the definition of essential services with regards to CGHS. Does the charges towards white wash of external areas, security guards, CCTV installation, water filtration, etc., comes under essential services. Even after paying extra, tenants are not allowed to express our concern in GBM and not allowed to keep second car inside the society. Please explain if this discrimination is legal?

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  • sudhakar says:

    I am tenant and my housing society is compelling me to use there internet and tv connection which is very high and not allowing me to take services from other service provider which is very low and excellent , so tell me what should i do

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  • Sam says:

    I live in a high rise building in Ghaziabad. The RWA has decided to make membership of the Society Club compulsory. The club includes a small gym, a small swimming pool, a table tennis table and a pool table. Building has 250 flats and Rs.15/day has been proposed as charges. The swimming pool is very small with 1.5m depth and gym is small and not well equipped. I have joined a better gym outside and my parents are old and take morning walks. So my family has no interest in joining the society club but the RWA has imposed it on us. It will be an economic burden on us. What should be my legal recourse?

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  • vikram jain says:

    sir ji hamari bilding me calours or bhar se repring kiya gaya hai or hamarei socity 48 falate ki hai hamari bilding me airea 450,550,720 ka hai to kiya hum par falate par manth 600 le ki airea waise liya jay

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  • nsalita says:

    Dear Sir, this is site restricted to Delhi/NCR locations ?

    Regards
    Salita

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  • DEVASHISH CHAKRAVARTY says:

    Dear Sir,
    I live in NEW DELHI BENGALEE COOPERATIVE GROUP HOUSING SOCIETY LTD, NIVEDITA ENCLAVE, A-6 PASCHIM VIHAR, NEW DELHI – 63..In our society we have 194 flats and sufficient space for car parking but the management committee has held a General Body meeting on 20th Sep. 2015 on the subject of Car parking – One car per flat and the decision has been taken as well as circulated today to all the residents of the society. It means if anybody having more than on car than he will to look after another place to park that vehicle Sir, I want to take legal opinion and if I persue with the other members of the society to object than what is the legal option.
    Management committee cannot impose such decision on the residents of the society.

    Kindly advice what should be the right remedy to stop such decision . Can we take the legal action or file in the court? Thanking you sir, Regards

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  • Due to old age and health problem wish to sell the running litigation huge property at worli on as is where is basis interested parties may contact the CPA mr Amirallie Shroff mobile no 24+7 9323734656 pls visit http://999legalheirs.com

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  • ram hari says:

    i have a simple, small problem. I am tenant in a co-op society in andheri east, mumbai. i have been there for more than 2.5 years. i have parking space, as part of contract. but the flat owner on the first floor, right above my car parking waters her flowerpots everyday, and this results in muddy water all over my car every single day. i have requested to them to move the pots or water the pots after i leave for home, but they just don’t care. the flat owner is the building secretary.

    can i directly approach the society with a harassment complaint? or does my landlord have to write on my behalf?

    thank you in advance.

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  • Parveen Sharma says:

    We are registered RWA in vasant kunj . election held in th july 2015 but previous RWA member are sign the resolution to change the signature . mis using the society money. Please suggest how we can change the signature or freeze the account.

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  • Vinod says:

    What does the below circular mean. Does it mean that MC can appoint a CA of their choice. What if Ca was appointed partial interpretation this cicular, however, not taken permission of registrar. Auditor was appointed with sincerity and completed audit for each year for last 3 years, conducted AGM and presented it to the AGM and AGM has adopted the accounts, however auditor did not file the return. MC did send a copy of the accounts and AGM minutes through speed post. Is this enough or is this a violation.

    >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
    Office of The Registrar Cooperative Societies
    Govt. of N.C.T. of Delhi
    Old Court’s Building, Parliament Street, New Delhi- 110001.

    No. AR/Audit(Pending)/99-2000/615 Dated : 2/3/2001

    Directive U/R 77 OF D.C.S. Rules. 1973

    It has been observed that many cooperative societies are indifferent towards getting their audit conducted within the time limit prescribed under Delhi Co-Operative Societies Act/Rules and registered bye-laws framed there under and do not show transparency in their working by making audit reports available to the members and also fail to convene Annual General Body Meetings as per the time limit prescribed u/s 29 of the Delhi Co-Operative .Societies Act, 1972.

    In view of the order dated 03.10.1997 of the Hon’ble High Court in C.W. No.4143/97, the societies are at liberty to get the statutory audit conducted by any qualified Auditors to be appointed by the managing committee with the approval ‘of Registrar Coop. Societies in view of his powers under section 53(1) of Delhi Coop. Societies Act, 1972 and submit the audit reports within the prescribed time limit with the department. However, a panel of Chartered Accountants is being maintained for the convenience of all the societies and the societies may get the audit conducted by the Chartered Accountants from the panel. All the cooperative societies are also directed to make audited accounts available to its members and have the same adopted in Annual General Meeting which should be called strictly as per time limit specified in Section 29 of the Delhi Cooperative Societies Act, 1972.

    All the societies are directed to comply with the above said directive strictly. Any violation of the above directive will invite action against the Managing Committee under the Delhi Co-Operative Societies Act/Rules. This directive is in super cession of directive No. ARI Audit (Pending)/99-2000/ 2070 dated October. 24, 2000.

    (N. Diwakar)
    Registrar Coop. Societies

    Copy to :

    1.The President/Secretary of all the Cooperative Societies through Sehkari Patrika.
    2.P.A. to R.C.S.
    3.P.A. to J.Rs.
    4.All A. Rs.

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  • Prashant Mehta says:

    I stay in a CHS, while purchasing the flat in 2006 i did not purchase a parking from the builder, recently one member who had 2 flats and 3 parking (with one flat he had 2 parkings and with the other he had one parking) allotted to him by the builder decided to sell his flats so with one flat he gave 2 parkings to the new purchaser and gave me one parking which was with his other falt for which i paid him cash. He therefore sold me that parking as he had spoken to the members of the soceity n they said its ok he can sell the parking . now when i m going to the soceity to transfer the parking on my name they say that the builder has alloted the parking to the falt and same cant be sold to me sepratly as they are attached with the falt and as the new owner has bought the falts with just 2 parking in his agreement the parking in which i m parking becomes that of the society as the first owner has sold and gone the second owner hasnt bought it and what i have bought is not legal so now its societies property kindly advise on the same please

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  • Prashant Mehta says:

    sir as mentioned earlier the above mentioned is a stilt parking and i have an allotment letter issued to me from whom i purchased the parking.also while making this deal i had visited my society office and gone thru the CHS bylaws which stated that one can sell the slit parking and now the society states that those are old laws so kindly advise on the same

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  • Debika says:

    Can the housing society deny me the CCTV footage wherein I am being aggressively threatened and humiliated by the secretary and chairman?

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  • Debika says:

    Yes it is a cooperative sociey located in Mumbai. The security guard had abused me and I lodged a NC with the police against him. Prior to lodging the NC When I got the police to the society to take the security guard along to the police station then just at the gate of the society within the society boundary the chairman and secretary, both women, came and abused me saying I have falsely implicated the security guard. They also sent me a notice threatening expulsion from society and much more. In order to respond to their letter I wanted my own footage from them. They refused saying that I can only claim what is mentioned in section 32 of the Bylaws.

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  • Narendra Sheoran says:

    Sir. In an Arbitration case filed by some members of CGHS against the MC, the Arbitrator gave award in favour of the members and quashed and set aside the elections and directed the MC to conduct elections within 90 days (which lapsed on 20 Sep 15). Till then the MC was to continue as caretaker. The Order dated 20 Jun was received by the MC on 26 Jun 15. On 28 itself the MC decided to go for Appeal to the DCT without any information or consultations with other members or calling for GBM to decide. Meanwhile 1/5 of the members wrote to the MC recommending NOT to go for appeal in the case. This recommendation reached the MC a few days after the Appeal had been filed. Question: Can the MC go for the appeal without the information/reference to members and/or GBM. Please provide the Sec of the DCS Act. The society bye laws are silent on this issue.

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  • Narendra Sheoran says:

    In a Property case, a person dies leaving behind a Will bequeathing his house situated in Dehradun (then UP now in UK) to his Wife. After the death of her husband the wife gets the property mutated in her name in 97. Later in 2007, she also dies, leaving behind a registered Will. Question- If the property was only mutated but not got registered in her name, can she Will it to anyone at all? That is, is mutation enough for bequeathing the property to another in a Will?

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  • Rattan Deep Uberoi says:

    Dear Sir,

    I am a member of a society in West Delhi. One of the society flats has been given to one of the employees of the society for many years.I objected to this and complained to the RCS about illegal occupation. The office of RCS has directed the Administrator of the society to get the flat vacated as there is no MC at the moment. I have my doubts that administrator may not comply to the orders as he has not replied to their notice also previously.I have following queries:

    1) In case the administrator or the new MC do not comply to the orders of RCS, what should be my next step?

    2) As the above mentioned employee has been staying with his family for many years in the society flat and getting the same facilities like other residents,please let me know whether the common service charges are recoverable from him or not?(The MC had earlier refused to recover the same saying that it does not apply to the flat owned by the society).My plea is that the flat has not been used for official purpose but it has been used for residential purpose of the said employee, his wife and two children who are adult now and there voter ID cards are also issued at the same address.
    Kindly advise.

    Regards,

    Rattan

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  • Cdr BR Sharma says:

    I have two questions. I stay in a builder flat(4 floors), with common staircase, lift and parking area. My query is:
    1. Can the parking area be proportionately marked by owners if dispute arise among residents, who should park where?
    2. Staircase Roof and Lift roof is on same plane and higher and also separate from roof of the top floor flat. As staircase roof and lift is common, can residents use Roof of staircase and Lift area for putting up TV antennas. The problem here is third floor owner is refusing to allow putting up dish antenna on his floor and not allowing entry to top of Lift roof (which is separate but entry is via his roof). water tanks are on his roof for which he permits but does not allow to go to Lift room top.

    Please answer these queries with relevant legal details.
    Regards
    Cdr BR SHARMA

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  • Mahesh Khanna says:

    Between a High court decision and service regulation ,which one shall prevail?

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  • K Singla says:

    Dear Sir ,

    I resides in one of Society in Delhi . I am GPA Holder . Last owner did not give me any receipt or share certificate . He submitted all to Society Management . They are ready to give me new certificate etc but will I get new membership number etc ?

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  • tej wattal says:

    Advocate ji,
    Please guide us as: our society has been put under special audit by the RCS Delhi and the Spl Auditor has submitted his report with his openios as miss doing of the previous management in doing their works related to paint and plaster where they collected 62.00 lcas and after lot of miss doings put an expenses of 82.00lcas can u please intimate us as to what line of further action is to be taken by us as we are awaiting the RCS instructions and hope they will take their time as sudual and try to side line the issue please help and guide.

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  • vilas datkhile says:

    can owner resident ask for copy of video recording which is recorded at the time of AGM/SGBM ? and is it obligatory to MC to provide such video recording to resident ?

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  • vilas datkhile says:

    is E-registration of leave and licence mandatory in Navi Mumbai ?

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  • varinder says:

    In case of death of the member witout leaving a will, survived by wife and three kids can the wife the nominee in this case become the prime member with daughters as co members , with consent of other childeren is it permitted by bylaws of Maharashtra co-oprative societies what are other options

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  • Pranati says:

    Sir
    I am staying in a apartment in Bangalore. My problem is I am ready to repair the bathroom but as per our bye law the cost has to be shared by the upper floor owner and the below floor owner..now the flat owners association wants to change the bye laws stating that all seepage has to be borne by the apartment from were it is seepage is occurring..how do I handle it please do help..in resolving this issue..

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  • Y LN Murthy says:

    Sir one of my friends has got allotment of site in Kengeri katnataka housing board. He sold me that site and he has written in a e-stamp paper. Now he wants to sell half site to some other. Can the bylaws allows him to split the site and to sell. Please reply. Thanking you sir

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  • Ajay Mukhija says:

    Our township has a registered rwa. The township has 14 blocks. Since one block wasn’t satisfied with the working if the rwa, it went ahead and formed its own rwa and got it registered. Is this rwa legally right? Or in a township only 1 RWA can be formed?
    Kindly let me know.
    Regards.

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  • Sanjeev Pai says:

    Is the society right in charging more than 1/8 th the cost of flat as special repairs without appointing A Registered structural engineer from the panel of Municipal Corporation should carry out such structural audit..The society had appointed some persons from the society who have decided to recover 60000/- rs from the members for special repairs. Does this need the approval of registrar ? can he intervevne. wgcdrskpai@gmail.com

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  • Sanjeev Pai says:

    Society has fixed fines of 1000/- rs for bouncing of cheques & other fines without approval of registrat can the fines be levied without approval of registrar & without issuing showcause notice?

    View Comment
  • sandeep kumar says:

    hi sir today i fall in some problems..in land..property..ple give me any contact of yours..

    View Comment
  • Lt Col Dhiren Bahl says:

    I have not been able to find out where I can post my query on this website related to whether ground floor residents are bound to share the cost of the replacement of lifts in a Coop Group Housing Society in New Delhi. Kindly advise.

    View Comment
  • Tanu says:

    Hello,

    1. I & my husband own a flat in joint name in society X & membership is only in the name of my husband.
    2. We purchase another flat in same society X & I want to apply for membership in my name for new house purchased since my husband is already a member.

    as per sec87 of Delhi Co-operative Society act, 2003 & Rule 20 of the Delhi Co-operative Society am I eligible to become a member?

    Can he/she is eligible to become a member in co-operative society if his/her spouse is already a member of a co-operative society?

    Regards

    View Comment
  • Niru says:

    Hi. I have a query with respect to the waterproofing done to the terrace of our building of 4 floors in Mumbai a few months before the monsoons started. The waterproofing helped only the 4th floor. There was water seepage in our house on the 1st floor as well on the 3rd floor. As a result, no one was willing to pay the costs of the same. Our society has now decided to increase the quarterly maintenance charges by Rs.1200 to recover the same.

    If the waterproofing has not helped us, do we still need to pay the increased maintenance charges? What are the parameters based on which any co-op housing society can increase maintenance charges?

    Please help for the same.

    View Comment
  • Where to Make complaint of Maintenance company handling Maintenance of society appointed by Apartment Owners Association,

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  • Kusum Sharma says:

    I am looking for legal advice on delay in constructions / Delivery from contractor – of my house in Goa even after paying his full contract value including money suppose to be paid as final payment on possession – Delayed by almost a year and stopped working saying material and labour cost increased and asking further money .
    Please help me by guiding on the subject.

    View Comment
  • renu saini says:

    Can Management Committee collect common electricity charges separately besides Common Area Maintenance Charges.

    View Comment
  • KRISHAN says:

    DEAR SIR,
    ASSET REGISTER NOT MAINTAINED FOR MANY YEARS (MORE THAN A DECADE) BY PREVIOUS MANAGING COMMITTEE AND ALSO ALL DOCUMENTARY RECORDS ARE NOT BEING HANDED OVER TO NEW MC. WHAT IS THE REMEDY AND ACTION POSSIBLE?? HOW TO PROCEED AS FEW MEMBERS OF NEW MC ARE TRYING TO HUSH UP AND SAY TAKE CHARGE ON AS IS WHERE BASIS, IS IT LEGALLY CORRECT???
    PLEASE GUIDE AND POSSIBLE ACTION WHICH NEW MC MUST TAKE TO PROTECT THEM FROM PAST SINS OF PREVIOUS MC.
    REGARDS
    KRISHAN

    View Comment
  • renu saini says:

    You are requested to clarify that when it is clearly mentioned in DC Act and Rules that maintenance includes common area electricity charges, how can MC charged it separately and what are the components of common area maintenance.

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  • GANESH says:

    Sir, Im Secy of one CHS with 54 flats & 7 Committee members. we’v resolved in 2013 CCTV installation & thereafter taken about 25 meets, but in dec.15, in Comm.meeting & in pres.of abt 25 society members, v passed 1 quotation among 5 quot.received to instal CCTV and awarded the contract. in this meeting one of our Committee members even after calling, remained and now representing to Society & Registrar against decison. Pl guide when Soc.Comm. have power of exp.upto 1L & since decision passed many times, how to deal such Complaints.

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  • Anurag Katiyar says:

    I have filed a case in one of the consumer case in Delhi in 2013 against a mobile company, after a delay of 2 years the judge ordered in July to pay me Rs. 3000/- ie 75% of the total cost of the mobile phone, but till date neither I have received the copy of the order or the cheque. When I approached the court telling them that why I have not received the order copy they asked me to give them a written application along with a Postal Order of Rs. 20/- toward the fee, which I agreed to. Now the question is what action can I take against the company and also the court for delaying the case. I am also planing to send a RTI to the court asking them that why didn’t I received the copy of the order, why did they took only new case when the old case were still pending (it happened almost for a year due to renovation) and I want to have the list of dates of all the hearing when both of the parties was called. So can you also please help me in writing the RTI . Hope you help me.

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  • Raj Singh says:

    220 yard Land owner residing in two top floors, who had build up 8 flats on it. He has sold out in registery 3 flats on each 100yards plot where as stair case are commonly build for both the plots. On one plot he has made a office of property dealer on half of the space. Whereas on another side of plot he has made a room being used by Guard on his mercy. Due to less space on one plot only 3 cars can accommodate in that plot and he put one car on another side of plot parking. He always argue with flat owners that land belongs to him and he has allowed to keep one car only not scooter or other things to keep in parking. Since he is illiterate person so we dont argue much with him. He has mentioned in the registry that at one side some space has been left for owners use but not mentioned in registry for what purpose and he is using as property dealer office.
    1-Can we show him any rule on Delhi Builder’s flat ownership act 1986 that all owners of flats will decide the use of parking area, what to keep and what not.
    2-He has roof rights and willing to construct rooms over top floor where our water tanks are located. If he does that it will worsen our parking are more as he may give on rent to others, how we can stop him to do so.
    3-He has not done registry of his flat being self owner of plot, should I make complaint to Registrar office so he has to pay the registry charges and house tax etc or it is not applicable in his case being owner of plot earlier.
    4-How we can demolish the space being used on another plot for property dealer office which is obstructing the space for parking. Is there any Supreme court or law guidelines about it.
    5-Can we the owner of flats of our plot can deny to park vehicles of other side of plot flat owners on my side in case both plot has common stair case.
    6-Where we should complaint about it for legal action without going to litigation.

    View Comment
  • VANDANA says:

    Please also clarify whether registering the society ,which is based at Noida i. e NCR, in Delhi would restrict my legal rights of justice with a court based in Delhi/ UP.

    View Comment
  • sunny says:

    I want to ask that in case of agriculture land in delhi. My grand mother holding some agri land in her name and she died in 1999 and even my father died before her . so as of now I grandson , my mother and my sister grand daughter are alive . So I want mutation to be done than that land will mute with only to me or even to my mother and sister also. because in 1999 my grandmother died. But daughter shares in land comes into effect in 2005 and in the condition that the land owner died after 18th sep 2005 than daughter shares will come. so please clarify it.

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  • Arup Ghatak says:

    Hi Advocatejee,
    I’ve few questions regarding transferring the ownership of CGHS (Co-operative Group Housing Society) Flat of Dwarka, Delhi? This flat has not been made free hold yet.
    1. What is the process for transferring?
    2. Does the process vary in case the person to whom the ownership is getting transferred is a nominee/is not a nominee?
    3. What is the charge for transferring?
    4. How much time it take to change the ownership?
    Thanks
    Arup

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  • arun says:

    i stay in dda colony we both are senior citizens we had been paying annual subscription for the last 20 years but have stopped paying for the last 2 years Now RWA has made it a rule that we have to make entry in register at the gate for coming to our own home whenever we enter the colony.Is RWA authorised to penalise the residends who do not contribute for various reasons

    View Comment
  • vanita says:

    sir,
    We stay in mhada colony and now we have to sell our room, but to sell we need noc, and the problem is our secretary and chairman both had resigned back 2 months, now there is no concern person in this case what should i do pls suggest

    View Comment
  • Shashikant Patil says:

    If there is civil suit pending and we want to purchase a land of co-owner , can we purchase it after taking consent of all plaintiff or all co-owners. The said suit is for parttion.

    View Comment
  • Prash says:

    Dear Advocate ji,

    Filing of EA when FA pendency in upper Forum (Consumer Law)

    Brief description
    1) under section 27, Can I file EA on the priority basis, in respect to only one specific decree about flat possession as ordered by the state forum?. I am afraid, FA disposal may take long time so wish to rush for the possession.

    (In the opp. FA, he appealed to set aside the state’s order.., But there is no merit in the allegations…moreover, opp did not specifically prayed against the flat possession decree…other hand, full payment settled by me with opp, as per the state’s order)

    2) There are 2 more decrees in my favour in respect to the ‘compensations’…And I want to file separate EA for compensation decree under sec 25, once the FA is disposed off by the upper forum… Is it possible to proceed this way?

    Please advice on my queries 1 and 2.

    Thanks in advance.

    View Comment
  • rajkumar says:

    Can I park my four wheeler taxi in our co op housing soc?

    View Comment
  • Prabhakar Tanaji Khale says:

    I am the member of a society and I have given my flat on rent .Now I am staying in another society.Can I park my car in the society where i have given my flat on rent.

    View Comment
  • CA Lalit Munoyat says:

    1) Can an HSG Society in MH create additional offices in MC like Joint Secretary, Vice Chairman, Joint Treasurer etc ?

    2) If such a additional office is created then can the Vice Chairman operate the Bank account in addition to Chairman/Sec/Treasurer ?

    3) Is the signature of the Secretary on all banking instruments mostly like cheques necessary or can ANY TWO of the chairman/Sec/Treasurer sign the cheques ?

    Your early reply shall be highly appreciated

    CA Lalit Munoyat

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  • Ajit Panda says:

    I am a authorised tenant in a Group Housing Society in Dwarka. Recently the Committee has been very authoritative like dictators and have served me a notice to vacate the flat because i challenged them of their authoritativeness pertaining to the flat i reside in. They are NOT ready to listen, give me a platform to discuss, and threatening me to immediately vacate the flat.

    Please advise, if I can fight them legally. I have the proofs of their dictatorship.

    Regards

    Ajit

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  • Sunil Kumar says:

    Dear Sir. I have a flat in CGHS society in Pitampura, Delhi but the Completion Certificate or Form D has not been granted at the time of allotment.

    Now, I wish to convert the above house to freehold and sell the same,

    Is there is some possibility of getting the above said done. Please advise.

    View Comment
  • sanjeev says:

    I am aowner of a flat in builder’s society in noida. Society/Welfare association allowed common space for additional parking and alloted to members who started living in the society earlier at a very nominal parking rate for unlimited time. Now i also intend to use it but society says that no space is available. What i can do. kindly advice

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  • arjdeep says:

    Sir, I purchased a e gift voucher from an ecommerse website. But i forgot to use it. Now i realised that it had a validity of 6 months and it expired in oct-nov 2015. Now in this case, they are getting my money for essentially nothing. Is there any legal remedy available in this case? Kindly advise.

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  • Paresh G says:

    Dear Sir,

    I resigned as Employee director from Multi state co operative society in Feb 2015 but still my name is society director list i want suggestion if any fraud happen in society then for that i also liable or not.

    View Comment
  • savera singh says:

    Dear Sir,

    Am afraid this is a query for a housing society in Bangalore, Karnakata. The Housing Society is a registered entity.
    The Query is – Can a Tenant become a part of the management committee? or a part of the executing committee(President,Security,Treasurer), provided that the tenant has been chosen in the General Body election to do so?

    Currently , the Society By-laws does not allow tenants to be even a committee member, however, the current and many previous committee had tenants as committee members.

    Can the existing committee bring in an amendment to make this happen?

    Kindly let us know.

    With Sincere regards,
    Savera

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  • nilesh bandekar says:

    Sir one of the madam has taken a flat in auction from sbi bank in santacruz kalina but bank did not gave her proper position of the flat.they gave keys in bank after writing a letter 3 to 4 times.but now the first owner of the flat is inside the flat and now he has given a flat on rent and society is not ready to add her name on share certificate.society says the bank is fraud.and the first owner of the flat has taken a loan from 3 to 4 bank loan on the flat and the share certificate which bank has given u is duplicate sir now the police says go to civil court and they are not ready to take complaint on this matter what is the procedure to do.

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  • bhasker says:

    The land in court-case is owned by my father-in-law. but one of the other/next land owner adjacent to my father-in-law land side that person has just put a case in a court telling land belongs to him. i.e encroachment

    now the case has already the area court has given in our favour in that area court 10 yrs back itself BUT
    but again that person has put case in city limits area

    now my father-in-law wants to transfer the cited property in my wife name
    SUGGEST
    THANKS

    View Comment
  • bhasker says:

    Dear Sir/Madam, thanks for the advise. but let me tell you that since it is a land case so it is very much common that we cannot stop without approaching a legal advocate, My Mama Ji had already put up all related papers through one advocate but it is wantedly time consuming with the advocate whom my Mamaji is attending the court, that we feel.

    when asked my Mama Ji he simply says that he can only solve the issue with his advocate and hence we have no way to approach any legal expert.

    that is why I simply need an advise from the expert like you that if tomorrow my Mama Ji cannot walk to court steps then now he can give Gift deed to any of us while the issue is in court post already having won in the previous court and also since it is the routine practice of the same Encroacher again and again to file a court case with all his fake/fabricated documents in the court. or if we can approach another advocate also then advise that how can we proceed with second advocate.
    Thanks

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  • bhasker says:

    This is the situation with Indian local Govt status on land property if this continues then why NRI’s from Indian Origin why to invest in land investment thru their family members. Any how I have to share this with my all known friends who are working in abroad leaving own families far and far for their future betterment. And I will suggest to my all known persons to not to make any sort of investments in India in landed properties until If they are ready to bear the cost of middle men and arbitrator fees then one can dare to put investments in land properties.
    Anyhow
    Thanks for your advice from your side.

    View Comment
  • Uday W Yenurkar says:

    Dear Sir, I am sufering from a Multi State Multi Purpose Co-op Society Ltd. they are not paying back my FD maturity amount since november 2015 to till today 28th Jan 2016, what I do? Society in Pune (Maharashtra)

    View Comment
  • bhasker says:

    My worry is not about paying fee money but why should I bear the cost of middlemen which actually we might have incurred 10 yrs before when one of the Indian Court has already given decision in my favour. So my worry is again and again why these middlemen are creating problems because I am far my land whereas the middlemen are near to the land and they are provoking that encroucher every time and putting a court issue on my land with all fake documents so in that scenario I am expressing my worry that if people we are in India living cannot safeguard our own registered lands then what is the fate of NRI’s who might have posting their earning in land investments for their future dreams.

    And I understand that this is an open website to seek the legal advise. If its not then please ignore my questions. Secondly you are suggesting to get in touch with legal expert so I am coming to my first question again that already we have submitted papers with one advocate who is not performing correctly and may he do not want to give consent of the case to other advocate but he only withhold our case and so in this situation whether again another advocate also can approach to a court inspite of of the first advocate though he is in contest and active.
    thanks

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  • bhasker says:

    Al right thanks
    & please mention mobile numbers and names of the advocate who can handle this type cases
    my place is HYDERABAD CITY
    SO PLEASE give numbers when I click on LEGAL EXPERT IN YOUR WEB IT IS GIVING DELHI ADVOCATES
    Mobile: 98100-65447

    E-Mail: raminder.sahota@gmail.com

    View Comment
  • sudhir khaitan says:

    Sir,
    A member of our Society is staying in Napean Sea Road and wants to join the Managing Committee as Secretary. Is it legally correct because he cannot attend to day to day business of the Society.

    View Comment
  • Debashis Gupta says:

    Dear Sir,

    I need help for my old consumer case in state commission , i need a lawyer who can fight for me.

    Regards
    debashis

    View Comment
  • Deepak Bhandari says:

    Plz meet me Deepak Bhandari 2morrow WD all documents.

    View Comment
  • bhaskar says:

    I have a flat but its locked and the association is asking me to pay full maintenance charges and they are not willing to share with me the maintenance aggrement though i have told them that i am wllling to pay normal charges or 25%of the total maintenance or useage charges but they say its decided and it is in bye laws plz advise

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  • vivek says:

    Request clarification: Is RTI Act 2005 applicable to Temple registered under Society’s Act 1860

    View Comment
  • Deepak Bhandari says:

    Plz call to solve all court issues. As advocate doesn’t give final its judge of ne particular court.

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  • Rajni says:

    Sir I am having 3rd floor flat at east Delhi with roof rights as clearly mentioned in registry, Now Ist of building of owner press to go with roofs without my understanding, can he do its. As mentioned in docs he can go for two purpose one he can check their water tank and second TV antena etc. otherwise he is not go . Kindly let me rules regulations ets

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  • Anoop Kumar Srivastava says:

    DEAR Sir,

    Please help me out , just to inform you that i have not purchased car parking at the time of allotment of my flat, i am residee of SG Impression RAJNAGAR EXTENTION GHAZIABAD,is there any possibilities that i can buy the parking now how would i go about it please help me out.

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  • Alpen says:

    Can you please share, from where a certification of authenticity can be taken to produce electronic media as e-Evidence under section 65B of Indian Evidence ACt? please guide

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  • arun says:

    I had rented out my 3 bedroom flat for two years with court rent agreement,now two years are going to be completed can i go for extension with the same party or go for a new agreement with same party.Is it safe to continue with same party and what should be the revised rent

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  • Swatantra says:

    I have bought a flat in Dwarka, Delhi. On each floor, there are 3 Flats. My flat is on the front side. There is a wide corridor once you come out of lift. After this wide corridor, there is a narrow passage which gets me to my flat. I have seen that other flat owners have put small gate on starting of this narrow passage. When I tried to put tiles on this passage area, the other owner on the same floor is complaining that this narrow passage is part of common area and nothing can be modified in this area.
    Can you please advice whether his claim is legitimate or not?
    Also I want to make additional entry from Kitchen to the house, Can I do it or nor?
    SS Bhatia

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  • S Prakash says:

    Did you mean: how much society can charge by allowing usage of its terrace

    View Comment
  • Sadanand Bhisaji Panchal says:

    Respected Experts,
    I need your advice as per my following problem:
    Police of Bombay in the year 2008 registered FIR against me falsely alleging that I committed offence u/s.509, 506(1), 504 r/w. 34 of IPC on false complaint by a lady complainant. Pursuant to the said FIR Crime registered before the Hon’ble MM Court at Bandra in the year 2009. Admittedly the offence registered was not happened, the State of Maharashtra did not pressed for hearing and the matter was remained in the board of unheard matters till the month of December, 2015. As Punishment for the offences 509 was one year, as per advice of the Advocates I filed discharge application before the Hon’ble MM Court under sections 239, 468 of IPC in person. (In this matter at preliminary stage I was released on cash bail of Rs. 5000/-)
    During the Pendency of discharge application as aforesaid, the Lady again got registered FIR against me, my wife and my son under sections 326, 506 r/w. 34 of IPC. Here also the incidence of offence was not happened, there was no arrest and any investigation or panchnama at site. For said reasons I in person filed Criminal Writ Petition before the Hon’ble Bombay High Court under Article 226, 482 of the Constitution of India for quashing of the said FIR. I served a copy of the Petition to the Police Station as well as to the State of Maharashtra. The said Petition is pending for admission. Even the pendency of the Petition, the Police again registered a Case against me my wife and lady complainant under section 145 of Cr. P. C. by mentioning non-cognizable offences alleged to be committed by me and my wife wherein three NC Complaints includes name of third parties (complainant and accused therein are third parties). It is astonishing that the above referred FIR against me, my wife and my son under sections 326, 506 r/w. 34 of IPC is also shown in the column of the non-cognizable offences by the Sr. Inspector of Police.
    My problem is that if the Hon’ble MM Court taken cognizance of the FIR against me, my wife and my son under sections 326, 506 r/w. 34 of IPC for which the Writ Petition is pending for quashing the same. How to face the difficulty. I am a poor man and not money to pay the cash bail against the said FIR. Kindly help me by providing me solution.

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  • sanjivmonga says:

    DEAR SIR
    my parents have bought have flat in 1996 in g/h society in delhi on G.P.A now the mangament committee is giving us the membership in the society. my problem is that can they charge me share money 1000 as the original share certificate is of rs 100 . as they have not taken approval from rcs. second cam management committee can adopt Model by-laws without getting approve from AGM and RCS.kindly guide me
    sanjiv

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  • HBRC says:

    Can housing society register for 12A and 80G?

    View Comment
  • Girish K.G. says:

    I have obtained agricultural loan from Canara bank on yearly instalment basis. But bank had compounded interest on half yearly rest along with penalty interst. Though instalment becomes due on yearly rest is it allowed half yearly compounding of both interest and penal interest. What can I do to get justice?

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  • Girish K.G. says:

    dear sir, is there separate rate of interest for agriculture loan apart from commercial loans in banks. Whether the bank can charge commercial loan interest on agriculture loan or bank can charge less interest. RBI guidelines are needed on this matter. please guide me. As my loan is burden on me because interest exceeded principal in 8 years, Being Agricultural loan having yearly installments, bank has compounded interest along with penal interest at half yearly rest.

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  • u kumar says:

    Sir: Need your expert advice on the following matter:-
    A friend of mine aged 73 yrs, his wife 72 yrs and youngson 32 yrs, daughter in law 27 yrs accompanied with grandson of 5 yrs met with an accident on the night of 18/2/2016 in sector 37 Noida and in the tragic accident my friend, his wife and son died. Daughterinlaw who was driving the car was hit by a Dumper (Goods vehicle) having Haryana/Faridabad registration. My friend died on the spot and his wife and son died in Kailash Hospital, Noida on the same night. Daughter-in-law who is a teacher in a school and her son have survived after few injuries. Kindly advise how to go about filing claims to insurance companies of Truck and claim damages for benefit of the survivors. My friend’s son was a MCA and was working in a Gurgaon based company as Project Manager. My friend was retired and his wife a home-maker.

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  • u kumar says:

    Thanks for your reply. Would you be kind enough to recommend someone who has handled such matters efficiently for getting approvals promptly to help the beneficiaries. Thanks once again.

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  • chetan says:

    My parents had booked a flat in Mumbai kandivali in the year 1983 and at that time stamp was not to be paid and after thirty years society has decided decided to go for redevelopment and the committee says that we have to pay the stamp duty …. as far as our knowledge we are not supposed to pay stamp duty . Pls do the needful and revert

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  • Dr V. C. Bhutani says:

    The MC of Sah-Vikas CGHS failed to elect its successor MC within time. What option to the members have? Can the GB extend tenure of MC?

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  • Jeet says:

    Hello Sir,,
    I am a member of Co operative housing service society in Gujarat…as per my knowledge service society is registered for the purpose of providing services/facilities and managing the common properties only…here the builder has done the sale deeds in the name of individual members..my questions are as follows:
    1]Can a service society collect the development fund in place of transfer fees?
    2]Can it issue an NOC for the purpose of property mortgage?
    3] As the society has no ownership rights, can it note the lien of any Bank against the property mortgage?
    4] What is the value of it’s share certificate? the cost of which is only 100/- rs. per share?

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  • tripti says:

    Hi,
    I live in a CHS andheri mumbai as a tenant. My society is denying to use terrace for Tata Sky dish installation saying we don’t have right to use terrace. although we had verbally taken society permission for getting connection of tata sky.We can’t use balcony for same as there is signal issue. Kindly advice the forward path.

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  • Ashu says:

    hello sir
    please let us know if we submit paper for RWA registration then what is minimum and maximum time period we have to wait for getting registration number of RWA in Delhi

    View Comment
  • Sachin says:

    What to do sir? Builder has not given us parking and not completed the full work in common area of our society ?

    We r livung since 4 years

    View Comment
  • dinesh rane says:

    Hi.
    I am dinesh rane. Working in tata autocomp ltd company. In year 2009 We 300 workers started a housing colony project. So we purchased land in pune. We registered a housing society. 10 members are looking work of society. Sanction plan of 3 buildings. In that 2 one bhk buildings completed but one2 bhk buldg is pending from last 6 years. No response from any comitee member.They are giving only fake promises. We all invested our hard earn money. Please suggest what, how & where we can take legal action?

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  • gajendra g says:

    i find our web site very usefull,educative with latest information.

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  • Sohan says:

    I have bought a flat in Bhayandar and in that flat some modifications in internal part done by earlier owner, he shifted kitchen in hall and in the place of kitchen he made bedroom and now I applied in our society for the change of name of owner of the flat. Society authority now refusing to do so and saying that change in flat done n make it as it was earlier then the society gona to change the name of owner… I need help regarding that the changes earlier done does nt affecting structure stability of building n any damage to building, can society do so?

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  • I am a tenant of a society in Pune and recently the Secretary is raising an issue of a frequent visitor during late hours. They have asked us to provide visitor’s identity proof and company information. Now, they are asking for visitor’s police verification, which is not possible since the visitor is a local resident. Is it possible for a visitor to get police verification done or is this just some sort of exploitation being a tenant?

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  • Thank you for your response. But, how can a visitor get his/ her police verification done to visit to a friend’s house? On what grounds is the police verification done?

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  • Sanket Kapoor says:

    Dear Advocate ji

    I am a resident of one of the societies of Indrapuram, Ghaziabad. I need your advice on the following:

    At the time of buying my flat i have paid INR 75000/- for a basement parking in my society. Unfortunately, all the basement parking are not uniform in size and the parking allotted to me is a little bigger one. My society has come up with a new rule that 2nd car irrespective of its condition will be charged 12,000/- p.a.

    My car parking can accommodate bumper to bumper 2 cars, but society is insisting that I should pay INR 12,0000/- p.a. for the second car.

    My point is that 2nd car is not giving any inconvenience to anybody living in the society. The same parking space cannot be awarded to any other person. There is no security threat as I am declaring the vehicle. Moreover, my car value is INR 50,000/- and INR 12,000/-p,a. does not make financial sense.

    Because of society pressure I am parking my second car outside the society where there is high probability of damage and theft.

    Please guide how to proceed in this case.

    Thanks and Regards

    Sanket Kapoor

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  • Ravi Chopra says:

    Sir ,
    My business is in delhi and i sold some items to a person in ghaziabad UP & he gave me cheque against bill ,when cheque was present in my bank it was bounced ,what shuld i do next …..

    Pls help

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  • Rohini Kumbhar says:

    Is there any rule for defying maintainance charges from the member of society if the flat he own is vacant/ unused. Is it compulsary to pay full maintainance charge Please reply

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  • arun says:

    Can RWA penalise residents for not contributing the subscription such as we are made to make entries in register like outsiders while entering colony .They have targeted few of us
    Where do we complain about RWA
    Do they come under RTI act
    In fact RWA has been taken over by some property dealers who are harrasing residents and threatning residents to leave colony if you donot pay subscription,please advise

    View Comment
  • arun says:

    Sir i have rented out my house for the last 2 years now it is the last month of the lease which is a registered lease with court now can i extend the lease with same party or i should chane the party which is safer bet

    View Comment
  • amit says:

    can society ask to vacant flat to tenant for dispute with security guard????…also can they disconnect water supply for harassing tenant????

    View Comment
  • Vaishali M says:

    we have stilt parking . we have one four wheeler. and one two wheeler. we park our two wheeler in uncovered area. there is some space left. so according to our other society member it is commom parking space. but actually its not common parking area. so how to resolve this issue?

    View Comment
  • Ekta says:

    Hi,

    I have booked an apartment with Eldeco Greater Noida. They have installed society Generator unit in front of our apartment, but they have never informed us about this plan at the time of buying the apartment. What can be done now ?
    Please advice.

    View Comment
  • PUNEET says:

    Builder charges for exterior paint in high rise building in Noida.
    Is it legal?
    At the time of application for flat. This type of line is not written. And he also demanding fee for transfer while it is not mention in purchase agreement

    View Comment
  • Rakesh modi says:

    Hi if flats owner is staying anywhere else and his daughter staying with her husband and children in his flats then society can charge him maintenance as a tenant.

    View Comment
  • PSR says:

    Sir / Madam

    I need legal a advice. The Build had sold a ground floor flat alongwith a garden. Can the owner erect a weather shed. What are the rules and regulations for such erections under Bye-Laws.

    Thanks & Regards

    PSR

    View Comment
  • Sujay says:

    Please advise on the following:

    In a society which is yet to registered & CC is also pending but 1000 odd people are staying there now few people ( appx 50) get together and form an AOA and get it registered under UP apartment act, now majority of the people do not support this body because resident feels that AOA have vested interest so they did not informed all resident and made it whimsically. Now question is if majority of the owners wanted to form another AOA , is it possible under law. Kindly advise.

    Best Regards,

    View Comment
  • deepak says:

    can society recover damage to lift due to accidently broken water pipe in flat owner’s flat who is paying maintenance charges regularly

    View Comment
  • Yash aprtments says:

    One of the duly elected managing committee members is the joint owner of property and the first name in the share certificate. After his posting outside Delhi, he gave a power of attorney/authorization letter to his mother who is the associated member to act on his behalf. Based on this In his place the associated member was nominated as MC member. Other members of the society are objecting to this as the associated member has no voting right as per DCS rules. Kindly clarify.

    View Comment
  • Gautam khattar says:

    Dear sir

    We had purchased a flat in new MUMBAI from a builder in 2010 and possession was suppose to be given in 2013. Till date we have no news on possession. We are few members who got tot her to work against the builder via consumer court.

    Since we all have not registered the agreement what is the procedure to form a society or association to fight against the builder.

    Your assistance will be appreciated.

    Brgds
    Gautam khattar

    View Comment
  • R K Malik says:

    WE RESIDENTS OF ANAND KUNJ GROUP HOUSING SOCIETY HAVE OBTAINED NOC FROM SOUTH DELHI MUNICIPAL CORPORATION FOR INSTALLATION OF LIFT
    CAN OUR MANAGEMENT COMMITTEE REFUSE US PERMISSION TO INSTALL LIFT NOW

    View Comment
  • Prakash Palod says:

    Sir,
    This is a matter relating to violations of KYC norms by a co-operative bank in Maharashtra.
    I registered a complaint with Commissioner of Co-operation regarding violation of KYC norms & non-compliance by bank for Customer Identification Process. After receipt of my complaint RCS initiated inquiry by conducting 2 hearings at his office. Vide hearing order RCS asked bank to attend hearing with all original documents of account opening. The matter current account is of a partnership firm & I am a partner of that firm.
    During attending hearing bank official came without any document as above so RCS appointed a special auditor to investigate the matter. Special auditor submitted his report but with about 15 discrepancies which were brought to notice of RCS by me. RCS again asked Special Auditor to investigate more vigorously. Special Auditor submitted his second report after 110 days of my letter. As per second report Special Auditor advised me to go to RBI or any available judiciary & surprisingly RCS in his final reply did the same.
    In second report also Special Auditor shown his negligence of law in case of shop act license, death of branch manager, incomplete FAKE account opening form of firm, non-availability of power of attorney, address proof of firm etc.
    Sir, my query is : 1) Is Special Auditor, not conversant with basic laws, eligible for such special audit?
    2) What way RCS should have acted when in second report all violations informed by me are admitted by Special Auditor?
    3) Is it mandatory for RCS to inform such serious violations to RBI?
    4) I made same complaint to RBI but no answer after one year, what next shall I do?
    5) Concerned bank, to divert main issue of complaint, informed RBI & RCS that it’s a family dispute between partners. Surprisingly both authorities believed say of the bank. Is it viable as per all laws concerned?

    View Comment
  • Praj Sty says:

    Hello,

    I am conducting a renovation to my flat which is a penthouse. I am building a pergola on the terrace area without enclosing any part of the terrace. The design and structure has been verified and approved by a local surveyor/architect. In addition there is an enclosed area within the terrace which I am renovating by building a false ceiling without changing the structure.
    The society managing committee objects to building of this pergola and inspite of my repeated pleas, letter of approval haven’t given me a permission. I have nevertheless gone ahead with the construction.
    In such a case what possible action can the society take and what would be best to keep myself safe from any litigation or trouble?

    Regards
    Pushparaj

    View Comment
  • Amalendu Chakraborty says:

    I have a refujee lease deed which was named by my father. Father has died in 1985. My two brothers would separate since 1985. I stayed the propety last 30 yrs. My elder brother died on 2004. I wanted to know she can an injunction of the said property??

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  • M C Math says:

    Myself and my elder brother are owning a land in a village. Now my brother has borrowed a loan of Rs. 35,000/- from a Primary Agricultural credit co-operative Societies without my consent and without my knowledge now i want to get the information about the loan. to whom i need to contact to get information about the loan.

    View Comment
  • Vivek S Joshi says:

    Question: Can housing society collect cultural funds as part of monthly maintenance from same flat owner for two flats?
    Details: Respected Sir,
    Our Society in Thane is collecting monthly funds under “cultural fund” and utilise the same for welfare function which is once in year “satyanarayan pooja” from all flat members under regular monthly maintenance.

    I am owning two adjacent flats which has been combined and flat entrance is only one. My family of 4 members, normally don’t actively participate other than pooja. My request to committee was stop collecting “cultural fund” from one of the flat, for which I wrought two letters, recently this matter has been discussed in AGM and it has been decided that till committee do not find any rule in bylaws, I have to pay the “cultural fund” for both flats.

    Although funds are for cultural welfare, I want to know whether it is permissible under Society bye laws and do I need to pay “cultural fund” for two flats even though for the single family of four members? Please reply by email and oblige.

    View Comment
  • rajendra patil says:

    Dear sir
    I am a local resident of navimumbai. I have a plot in my name and I have constructed a building on it without any permissions.Now I want to make my building legal and I am also ready to pay the penalty to the municipal corporation. How am I suppose to do that.

    View Comment
  • shardul jani says:

    Rite Developers was appointed for redevelopment of Gumphadarshan CHS in 2012 & promised 35% extra carpet area, but still no work started due to delay by him. He has now given a written letter that due to increase in ready reckoner rates & stamp duty, the project has become unviable for him. He has asked for reduction of area to 30% or pay 4 lakh per member to get 35% area. Managing Committee has brainwashed the less informed flat owners that they are the only guardians of them & convinced the owners to shell out 4 lakhs, otherwise a fresh process will again take 3-4 years. Managing Committee members always speak in favour of builder, maybe they have been rewarded by the developer. They convince the flat owners that bldg is dangerous, though there is no BMC notice & repairs can sustain the building for 2-3 years. Last meeting was convened on the premise of IOD & rent. However, the IOD is not yet received by builder & he is still arguing on the rentals to be paid on evacuation. He is willing to give 2 months rent & remaining in PDC’s. Also, the corpus fund will now be given only 50% and the remaining on possession. Earlier he promised 100% corpus fund on evacuation of premises. Naturally, the builder cannot be trusted in fulfilling his obligations, and he may even siphone off the money of members & stop the redevelopment. I have heard complaints regarding his other projects also. How should we appoint new builder?

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  • Harish Trivedi says:

    Please guide me i am in a trouble i have ownership flat in bhayander west i have sold my flat,befor i made registration i contact secratary for NOC in written as well as in oral with purchase party and all document is given to the society pan card aadhar card now society committe saying that without society NOC how u registered your flat now you have to pay the penalty for that

    please reply soon

    View Comment
  • renu saini says:

    Sale and purchase is the right of an individual. MC has forcefully established their interference. Members should face them boldly inspite of indulging any litigation for his/her own flats.

    View Comment
  • renu saini says:

    It is obvious that Group Hoousing Societies must enroll the purchases as member when the member would apply for the membership and requisite entries would be made vide transfer deed and share certificate.
    Function of the Group Housing Socieities would be to cooperate not harass the member in any way.

    View Comment
  • V V Kashyap says:

    How to recover dues from an owner under Maharashtra Apartment ownership act? Esp. if the member is not willing to pay and has also given his flat on rent.

    View Comment
  • P K JAIN says:

    CAN the second joint owner in whose name the membership of CGHS is transferred (about seven months prior to the date of elections) after the death of first joint owner, participate in the elections of the CGHS ? …P K JAIN

    View Comment
  • P K JAIN says:

    Is the second joint owner of the flat in CGHS in whose favour the membership has been transferred in January this year, entitled to participate in elections (for the post of P/S/T or a MC member) of the society to be held in August this year … P K JAIN

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  • KARAN says:

    Sir, I had a joint ownership of a flat in Coop GHS in Delhi. My father was the first owner while I was the second. My father died and I got his name deleted and became the sole member. It was transfereed in my name in January 2016. I want to file nomination for the forth coming elections of the Society in August/Sept. this year. Can I do so.? will the condition of one year of membership would apply in my case as well ??… Pls clarifiy…Karan Rawat

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  • Vipul Singh says:

    Dear Sir I have a shop in ahmedabad at 1st floor,in this shop the roof area down the water because of society water common line lecage there.and i did many time complain to chairmen of the society and respective persons but they are not take action and repaire the pipe line. please suggest me what i do against society and committee.

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  • nitesh says:

    Dear Sir,
    I am from Mumbai. I hav given notice and did all formalities to get NOC. but out secretary is not providing NOC from 15 days coz personal quarrels. Actual Commettee is alos oppose to secretory behavior. whats is rules? what should i do? plz guid to us

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  • Tarun Yadav says:

    Can a Cooperative Group Housing Society in Dwarka install a milk booth / ATM in its premises? If yes, under which act / rule and how to go about it..

    View Comment
  • Sachin says:

    Hello Sir,
    In Sale Agreement Builder has Clearly mentioned like –
    “The FLAT/UNIT Purchaser has paid stamp duty of Rs 1,80,200.00 (Rupees One Lakh Eightty Thousand Two hundred Only) along with appropriate registration fees herewith. The Parties hereto shall be entitiled to get the aforesaid stamp duty adjusted leveable on the conveyance, which is to be executed by the Propmoters and the Ownership Party herein in favour of the FLAT/UNIT Purchaser herein. If additional stamp duty is required to be paid at the time of conveynance the same sahll be paid by the FLAT/UNIT Purchaser….”
    During Registration he has shown this clause and by reading it i have given him money in Cash for that i dont have any proof.
    Now when i moved to Consumer Courd for Deficiency in work builder is asking money or show the proof of payment.
    Can this will proove that Builder has already taken Money for Stamp Duty and Registration?
    When this clause is there then also builder can ask money?
    What if Builder file case against me?
    Please Reply your valuable feedback.
    Thanks in Advance for your kind support and suggestion which are helpful for me to proceed further.

    View Comment
  • Rahul says:

    My CHGS apartment(Delhi) management is saying that there decision is final whether its mention in DCS Act 2003/2007 or not . Rules will be followed in society whatever decided by Management .According to me DCS Act is universal Act which is followed first and if there any additional points to be add, then Managing committee can think over it. Do you also think the same ?Please share any section number which fails this term?

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  • Sarah says:

    Sir we leave in chs ltd and our neighbor fix camera outside there house door in passage and we r getting uncomfortable. What can we do for that to remove camera. Or as a byelaw whats the rules for that plz reply

    View Comment
  • h.k.choudhary says:

    I want a clarification on the issue relating to charging of interest by co operative group housing society.
    Can the decision of AGM be prospective or they can be retrorespective as well.
    In this particular case AGM held in 2013 passed a resoultion to charge interest. Can they charge for the period prior to 2013.

    View Comment
  • Nisha saini says:

    Hi ,

    My grandfather had a property which was now divided between his 2 sons ( my uncle and my father) he made half of the property repair about 15 years before for which my uncle was paying house tax rest my grandfather hold and didnt gave to my father and after his death it was under my grandmother custody, but after her death my father repair his part as it was in very bad condition and about 60 years old property. Though whole property is under my grandfather name bt now we got to know that my uncle is paying house tax for half of the part only till now. I want to what will the panelty did my father should pay in this case.??? Please help me out.

    View Comment
  • Radhanath Tripathy says:

    I have given my freehold Flat on rent in a group hosing society in Rohini, Delhi. The society in its GBM has took a decision to impose extra charge of Rs 5000 annually (excluding the monthly maintainance charge) on all those who flat owners who have rented out the flat. Can GBM legally has the power to do so? Am I bound by the such orders of the society as a owner of a freehold flat? Please advice me.

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  • Archannaa K says:

    Pls confirm the measurement for 4 wheeler car parking in Pune

    View Comment
  • renu says:

    GBM can take only those decisions which are reasonable. Please raise these issues before RCS now there are many changes in the RCS. Some Corrupt officers have been already transferred.

    View Comment
  • Navneet Agarwal says:

    My flat for possession is ready but the builder is delaying the registry what are my legal rights

    View Comment
  • rajesh kharbanda says:

    we are residents of jay kay cghs ltd. in sector-9, rohini, delhi-85. we wish to file a complaint against our management due to fraudulant and malpractices. An AGM was generated on 7th feb 2016, where unethical charges for water and huge increase in matainance without any approval. on 8th of feb they paste a circular (for election on 11 th of feb. 2016) on the notice board in society’s premises. isnt it a malpractice of the management??? is there any law to reverse that malpractice. please suggest us

    View Comment
  • ramen kumar pal says:

    A tenant in default of paying maintenance charges was deflating the tyre of residents and keeping 10 street dogs in the society. Secretary put a notice on notice board stating that some suspicious person is creating nuisance and keep vigil on him. The tenant being advocate filed a defamation suit taking the photo of the notice and replacing his name in place of some suspicious person , in the name of all executive members of previous management body of RWA. The case was dismissed in the chief metropolitan magistrate, Dwarka on 31.01.2016. The tenant again filed revision petition in the court of Distt and Session Judge, Dwarka and waring to pursue the case in High Court and Supreme Count.The all executive member individually incurred huge legal expenses as Present management body has refused to bear the legal expenses incurred by them on the pretext that the tenant filed the case in individual name of the executive members not in the name of RWA. So it is the liability of individual to bear the legal expenses. Is it not violation of the objective of By-law of RWA by the present body of management? How the above executive member can recover legal fee from present management body of RWA? Is there any provision in Society Registration Act to recover legal fees. All the executve members pay maintenance charges also.

    View Comment
  • ramen kumar pal says:

    provide me the legal assistance who has domain knowledge in society matter like mentioned above

    View Comment
  • Pankaj says:

    Hi..

    Can u tell me what is the maximum permissable height of flats in delhi… And can we make shed of plastic over 4 storey building and is it legal

    View Comment
  • Dear sir, Election of managment committee of our society in Dwarka is very near. In view of the prevailing circumstances no lady member is agreeing to file nomination. What is the alternative if the required nominations of two lady members as per rule are not received in the election.

    View Comment
  • rajesh bhatia says:

    i am looking for good advocate for consumer protection to appeal in tribunal delhi .please suggest

    View Comment
  • K V Gopal says:

    I have not received your response to my complaint posted on 9th july 2016.

    View Comment
  • Sunil Jha, ACS, LLB says:

    Dear Sir,

    As per Bye laws, The Repairs and Maintenance Fund, at the; rate fixed at the general body from time to time, subject to the minimum of 0.75 per cent per annum Of the construction cost of each flat for meeting expenses of normal recurring repairs;

    Now the query is that in our society (Pune), some buildings (wing A, B & C ) were constructed in 2011-12 and remaining buildings (wing D & E) were constructed in 2015-16.
    The argument from residents of A, B, C wing is that the cost of construction of their flat is Rs. 800 / sq ft in 2011-12, so they should pay 0.75% of their flat size at the rate of 800 sq/ft, whereas they are forcing their argument that the wing D & E are new and cost of construction is Rs. 1,200 and repairs and maintenance cost for wing D, E should be based on Rs. 1200 / sq ft at 0.75% of their size of flat, which become very high and the gap of charge for Repairs & Maintenance of Wing A,B,C and Wing D,E is significant.

    I am resident of D building, so I could see the cost is 1.5 times for me than a resident in wing A, B,C.
    As per my opinion, the cost of construction should be the cost of construction of Flat at the current rate / cost and not at original rate / old rate. Because here we are asking for fund to maintain current cost of Repairs and maintenance.

    Please clarify that what should be the cost of construction to be considered whether it’s original cost or current cost, when there is big time gap in construction of different building in a society.

    regards,

    Sunil

    View Comment
  • Chathurya says:

    How to contact u sir/mam? Need ur help, my life is in danger please help me.

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  • Meghashyam Rawool says:

    Dear Sir,
    The state Govt. of Maharashtra vide GR dated 6th September 2012,pronounced the abolition of prerequisite condition that required the elected members,who volunteer to serve the Society Managing Committee in Co-operative Housing Society,to furnish bond in form M20.

    Prior to the publication of the said GR i.e.on 23rd May 2010,in the AGM of our housing society,the New Managing committee was formed by the members of the society and a resolution has been resolved, which was also approved in the monthly meeting of our managing committee thereafter,which is as under.

    “The elected members of the managing committee need not to execute the bond in form M20,as it a wastage of money and time.And if at all any of the members of the society,legally challenges this resolution,the expenses incurred by society thereto would be recovered from the concerned member”.

    Does this resolution has any legal validity? or it contradicts the MCS Act 1960,MCS rule 1961 and BY-LAWS applicable to co-operative Housing Society.If at all the said resolution is invalid or contradictory,in your opinion,you are hereby requested to furnish the section of MCS act 1960,rule 1961or any other procedure under which the competent authority of co-operative sector has been authorised to act upon.

    Thanking You,
    Meghashyam Rawool.

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  • Sunil Jha says:

    the matter is not related to Delhi NCR , but its related to the subject matter of charges to be paid by members for Repairs and maintenance cost in a co-operative housing society. Hope you are clear on the question ?
    therefore a clarification is required whether cost of construction to be considered at current rate or original rate in a society where there is huge delay in construction of buildings say 5 years.
    For me, in such case a common cost of construction should be considered, which is same for all.

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  • Ramu says:

    This site always says contact our legal expert. This is just for business nothing else.

    View Comment
  • Chander Parkash says:

    Hi, I am a member of Sahkari Awas Co-operative Society, Gaziabad. They are not giving in time flat. And demanding so much money. I have paid more than 75%. But till now the work is completed only 45%. I am Sr. Citizen. I want my money back . Please advice me.

    View Comment
  • Hitesh says:

    Hi, I want to know if a driver of a member can park his motorcycle inside society premises legally if any member objects

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  • Arman Bldg Maz Co.op Hsg Scty says:

    v r a co.op hsg scty formed, promoted and regd in 1964. Scty purchased land for members to have their own residence in this land there were 49 tenants know as behati patra chawl barakar. Scty gave them undertaking they will be rehab in new bldg as a tenants of scty which they agreed. In 1971 they were rehab in there new bldg now they have gone to registars of co.op scty office and has filed a complaint against the scty that scty is not accepting them as a memeber nor permitting them to form a registered scty. How is it possible a registar can take a complaint against non member of scty , how a teneant can become a member of a hsg scty.
    Please advise.

    View Comment
  • PARIKSHIT RANA says:

    Please provide me the Car Parking Rules for B & C Class Munucipal Councils of Maharashtra for the Year 2009. what is the statutory requirement for Car Parking accordding to the area of the Flat..

    View Comment
  • rajiv gupta says:

    Reaudit has been ordered of a CGH Society in Delhi and Auditor appointed. The appointment letter issued to the auditor does not mention the time in which he has to complete the reaudit and the fees that the society has to pay him as remuneration. My question is – what is the time period in which he has to complete the work assigned to him and what is the fees that the Society have to pay to him

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  • Yatin Shah says:

    Can Societies Charge a Higher Maintenance Fees , for Flats let out to Tenants.

    View Comment
  • Subramanian Iyer says:

    Respected Sir,
    I purchased a newly constructed flat on the 7th floor in 2011, in a old 6th story building which still now is not conveyed to society (formed and registered with registrar of societies in 2003 by the then existing members) by the builder. The builder had constructed 1 floor (i.e. 7th floor) above the 6 stored old building with the consent term with the society managing committee and also with the proper Municipal Corporation plan passing, commencement certificates etc. The building does not have an official OC, also there are some few flats more to be constructed by the builder. Now the society has not made me a member of the society nor has they made any of the other 8 flat purchasers as members in the society whereas applied for the membership with society in 2014 with all forms and undertakings filled and submitted to society and also Rs.100+ Rs.500/- paid for membership fees and share fees already credited to the society account in 2014.

    Believe the managing committee of the society had some vested interest and to which the builder did not succumb hence they have a vengeance against the builder….so none of the new flat purchasers (9 flat purchasers) on the 7th floor have been given membership till date….
    The society started charging all the 7th floor flat purchasers maintenance charges (excluding property tax) all of a sudden in 2013 with billing starting since 2011. The bills were unnamed with only flat numbers mentioned. I sent several letters to the society stating that the bill is not in my name and also they have not made me as the member of the society so how can they charge maintenance charges against my flat.

    The society said I have a flat in the society so I have to pay, since I am staying in the flat so i have to pay. I did not pay the maintenance bills till date whereas the remaining flat purchasers in the 7th floor started paying after lot of coercion by the managing committee by using all illegal tactics and threatening, but till date I did not pay. Now they have recently sent a Notice U/S 101 of the society’s act for recover of maintenance dues to me.

    I consulted with some friends who are office bearers in few other societies. some of them say the amount is not payable and some say it is payable. Can you please advise if the amount shall be legally recovered from me by the society ?? what action will they take ?? will the society registrar of society give an verdict against me favouring the society’s arguments ???

    I am really worried and do not know what to do ?? also need a good lawyer to fight the case right if required….incase i can quash the matter i am ready for a legal fude….. please advise.
    Rgds,
    Subramanian Iyer.

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  • HItesh Mistry says:

    Dear Sir, I have got one query in regard with if in Co.op.Hsg Society if all the committee members resigned in current AGM. No new committee has firmed now and we have been continue for a month notice period and during this time non committee members are forcing us to pay the non regular bid capital expenses and asking us to make the payment such big amount non regular expenses. Should we authorised to make such payment after our resignation? please update what should we do. We are also not in favour to make such non recurring capital expense payment. Please advice.

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  • HItesh Mistry says:

    Dear Sir, sorry I forgot to mentioned from which state I am writing. I am from Maharashtra, Mumbai. Just 5 minutes before I have post my query. Please make note for this. Regards

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  • Priyanka says:

    My flat is spoiled by contibous seepage from construction work going on in the above flat. The flat belongs to the builder’s relative and the work has been going on for months now and doesn’t seem to end any soon.
    Every now and then water drips from my ceilings and electrical attachments. The RWA is completely ineffective in this regard.
    Please advise

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  • Hitesh says:

    Sir, I am from Mumbai, Having question in regards with Co.op Housing Society matter. In our society we all committee members has resigned in our current AGM held few days back, this is due to mental harassments from some non committee members in the society. Now my question to you is currently no new committee has formed and we have continue for notice period of one month. During this period other members of society are pressing us to release non routine capital expenses for big amount for society. Since we have resigned and do we suppose to pay such non recurring capital nature expenses which has been approved by non members and not the committee? Kindly advice for this regards. Thanks Hitesh

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  • Namste ! I am from Gujarat Ahmedabad. I am Nehal Dave a Sanskrit Teacher. I am living on fourth flour of flat. Above my flat we have common terrace. All flat members are doing party, morning walk and celebrating festivals on terrace. Now from terrace water coming to my house. So we told secretory and flat member to repair. But they are saying that, this is your problem and this terrace is not in flat maintenance list. If you want to repair it, you will have to do your own.
    Some times they say, we have less fund and that we are using most priority place and terrace is not in priority of flat members.

    So I want to know some act or rule is there, which summon flat member to repair terrace of close use of terrace ?

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  • arun says:

    where i can complain against RWA of dda flats in sfs colony of ashok vihar since office bearers are doing dadagiri such as not having elections for the last 3 years, not submitting any accounts , emplyoing staff with own choices, not adhering to proper rules , not responding to greivences of residents

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  • Preet says:

    Hello I am second floor and terrace owner of commercial property in prime location of delhi. My question is can tenant of first floor keep his tank on terrace if he doesn’t have any terrace rights or any agreement with me in commercial property.Will be grateful if you could provide me an advice on the same and also what action can I take if he tried to do so without my permission.

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  • Sumit Pant says:

    e a flat in. CGHS in Delhi in 2005. The flat had been transferred from the original allottee in the name of her son and the original Mutation Letter and Conveyance Deed in the name of son are in my possession.
    Recently someone told me that I should also have copy of Death Certificate of original allottee and Legal Heir Certificate or copy of Will. Please advise whether these documents are required. Is the Conveyance Deed in itself sufficient

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  • Manish says:

    Sir, Can a member of Wing A park his vehicle in Spilt parking (hollow plinth) of Wing C, there is no allotted/reserved parking slots. We are a CHS in Ahmedabad wherein my agreement says you can use common parking facilities.

    View Comment
  • Mahinder Pal says:

    Sir,
    I am residing in a Cooperative Group Housing Society in Delhi. There are four blocks in the society. Two blocks A and B are of four stories (ground plus three stories). These two blocks are without lift facilities. The other two blocks C and D are of six stories (ground plus five stories). These two blocks are provided with two lift facilities. As per agreement with members at the time of handing over the possession of the flats about 15 years ago, the maintenance charges of the lifts are to be bear by the members of C and D block who are availing the facilities of lift. Now the both lifts have out lived their life and are to be replaced with new one. The management committee of the society is of the view now that the cost of both the lifts of C and D block and their maintenance should bear all the members including that of A and B blocks are not provided with the facilities of lift. Whether management committee can do so. Please advice me. I am residing in A block of the society and has not been provided with lift facility.

    Thanking you,

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  • Gaus says:

    Hello sir, I am a muslim and the second wife of my husband and live in Thane,Maharashtra, I got married after his separation from first wife and is arranged marriage, my husbands first wife after separation has filed DV case against him and is still pending in court for judgement,My husband has a son from first marriage and Divorce has not happened between them yet. My husband owned a flat which he bought before his first marriage, after marrying me he transferred that flat title on my name with gift deed, few weeks earlier, the advocate of my husbands first wife has sent an intimation notice to society, requesting them not to entertain any request for title transfer from my husband to anyone, and have mentioned that due to arrears of payment of maintenance for his son as per interim order of DV act (maintenance has not been given to wife by court as she is working lady), they have moved an application to get the said property attached,my husband lawyer has informed the court that the property being discussed here is already been transferred. Now problem is recently i wished to open a bakery and require funds for same, and for same reason i approached society for NOC in bank format to mortgage the gifted property, Society members objected that NOC cant be given as it is a legal matter which is pending in court and divorce has not been done yet and first wife is still member of the family and MAY have some share in this property.

    My question is

    1) Can court order attachment order for the property in my name for arrears of maintenance for my husbands son, now or in future
    2) Can my husbands first wife claim shares in this property now.
    3) Is society correct by holding back NOC i have requested.
    4) If Society is wrong in the act, what are my options to escalate this issue and get the issue addressed.

    Thanks

    View Comment
  • Sunny says:

    We want conversion of leasehold property to freehold for 60 syrds plot. Total size of plot is100 syrds. but out of which 40 syrds. sold to some other party & 60 syrds. is with me. Can we get the property freehold? If yes, what is the procedure? Can both the parties combine together & get the property freehold with both the plots (60 & 40) are with different owners name or it can only happen if the 100 syrds plot is with one party/owner?

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  • Vishu Harit says:

    I stays in Group cooperative society in Patparganj , we have open common parking space in our society where no individual has fixed space nor been allotted to anyone also there has been no bar on no. of cars as we don’t have dearth of space.

    Now society is applying parking charges on this area i.e. 250 Rs 1st Car , 500 Rs 2nd Car & 1000 Rs 3rd Car 4th and so on car not allowed.

    Pls guide on this matter , can we challenge these charges.

    View Comment
  • kevyn says:

    Dear Sir,
    We are a CHS of 8 wings A to H. Managing committee has delegated repair and maintenance of each wing to wing members themselves thru wing repair teams headed by a wing representative who is a managing committee member. Raising and disbursal of funds and all repair and execution of repairs of a particular wing are then carried out thru resolutions taken at meeting of members of that wing and their repair team. These decisions are then conveyed to the managing committee thru minutes of these wing meetings. Funds raised by each wing, each according to their own requirements, are kept in separate repair accounts for each wing, and are separate from other society funds raised thru society general body resolutions. Managing committee only plays a supervisory role. However at times in case of disputes, it intervenes and unilaterally discards and overrides wing repair team decisions, even in matters of disbursal of that wing’s funds, even though there are no model bye law contraventions. I understand that repair and maintenance of a CHS is a function of the managing committee and not of society members. Is such a delegatory system of repair and maintenance of a society teneable in law under model bye laws and can a managing committee unilaterally disburse funds from a wing repair a/c wherein funds are not raised thru resolutions of the general body of the society? An finally, can any one of these 8 wings, opt out of this system, and hand back repair and maintenance of their wing to the managing committee of the society?

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  • Ashok says:

    Please inform me the procedure & documents required for mutation of freehold DDA flat in my favour as my father passed away without leaving a will
    There are total 3 heirs including me .Two are voluntarily willing to relinquish their share in my favour
    Also please indicate approx time & expenses
    Thanks

    View Comment
  • Ashish says:

    Can you please confirm if companies can be the founding members of a multistate society to be registered under Societies Registration Act 1860.

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  • Babbu says:

    I am staying in navi Mumbai. And monthly charges are paid towards maintenance and parking of vehicle in open space. I just wanted to clear that is outside vehicles is allowed having RC BOOK address of some other place and whose vehicle is always parked is son in law of a member of society. Whether it is his rights.

    View Comment
  • Moby says:

    Hi,
    I am from a CHS in Mumbai.
    We purchased 2 apartment in 2006. 1 apartment had 2 parking stilts. The other had 1 parking stilt. Everything purchased by the builder. For the stilts, we have an allotment letter. Subsequently, we sold 1 flat in 2009, but not the parking.
    We now have 1 flat and 3 parkings and using 2 of them. 3rd parking is being used by another member.
    All of a sudden, new MC has decided ‘one flat one parking’ and asking to keep just 1 stilt. There is plenty of space for open parking and ours is the only case having multiple parking stilts.
    Instead of focusing on more immediate issues, the MC claims its an ‘important matter’ and needs to be dealt with immediately.
    What can we do about it? Pls suggest.

    View Comment
  • SUNIL GULATI says:

    one of my Resident residing in upper floor wants to join the two separate Balconies, which i do not want.
    1. this will spoil the Common Building Plan of Society.
    2. My sun Light will go away.

    Suggest is it Legal to do so by the upper Resident or Not. If Illegal then can i make a complaint against him in Registrar of Society or to the Society Committee to STOP this.

    View Comment
  • Dr Kiran says:

    A Govt development authority allotted in 2011 but till date have not given possession saying that on the land as allotted,dispute with farmers is in the court. As & when case would be decided, information will be provided accordingly. Advise what action should be taken against the authority i.e. Meerut Development Authority.

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  • I HAVE PURCHASED A RESIDENTIAL HOUSE IN HOSA HALLI BANGALORE FROM A PRIVATE OWNER. HE HAS SOLD HIS FIRST FLOOR HOUSE AND SECOND FLOOR HALF BUILT HOUSE. HE HAS NOT SOLD THE PARKING AREA OF THE GROUND FLOOR HOUSE TO PARK MY CAR. HOWEVER IN THE SALE DEED THAT HE HAS RESIGERED, A POINT IS MENTIONED THAT “CAR / SCHOOTER PARKING ” ALLOWED IN THE GROUND FLOOR / PORTICO. BUT, OOWNER IS NOW SELLING HIS GROUND FLOOR PROPERTY ALONG WITH PORTICO CAR PARKING. HE IS ADVISING THAT I DO NOT HAVE PERMISSION TO PARK MY CAR / SCOOTER IN PORTICO PREMISES. PLEASE ADVISE WHAT WILL BE MY STATUS OF PARKING THE CAR IN THE PORTICO, IF OWNER SELLS TO OTHER PARTY. THANKS AND RGDS

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  • Mrs Iyer says:

    Sir,

    Ours is a 30 years old coop. hsg society viz. RUNWAL A-4-5-6 CHS. This society has recently commenced repairing of the outer surface of the building and have been recovering from members for the cost @ Rs. 300/- upto Dec’2014 and later on @ Rs. 5000/- from jan’15 onwards. To our dismay we cannot tell the job is nearing completion nor the completion of the job is being done. Our society has allowed the workers to stay in the vicinity by allowing them to put tents and use all other facilities. With the result the society has further gone very dirty. Our society does not even have a proper house keeping personnel who comes alternate days and all the job done is only picking of the garbage from the flat and with no other job. This has further aggravated and the society now is looking very dirty which might leave various diseases to occur.

    For your information, I have a son who is a DMD patient and who is sick always because of his mutation and he is vegetable living only on wheelchair. Very often I have to call upon the doctors and pathologists to check for the blood.

    Our society does not maintain the manholes of both sewage and the other. AT times the manhole of sewage remains upon for days together and not closed. Similarly the garbages are thrown very badly and the same accumulates various places. These have become dwelling place for the mosquitos.

    Despite that they want continue with the contribution for another year with any statement of account.

    Please intervene and look into this problem.

    Mrs. Iyer

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  • Mrs Chitra Iyer says:

    Please let me have your reply.

    I do not have a website.

    View Comment
  • Maruti Pandey says:

    Hello ji. What are rights which a tenant enjoys with respect to the AGM?

    If a decision is made to increase the monthly maintenance and it impacts the tenant can the tenant question this increase. If yes how?

    Is a CGHS liable to conduct meetings involving tenants?

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  • Water is leaking continuously since last 4 months from above in my shop at DDA Complex in Naraina Vihar. Please advice what to do as it is not only spoiling my shop but entire building. I have made complaints several times to offices above my shop but of no use. I have also complained Delhi Police, MCD Health department. But i do not know how to complain to DDA.

    Thanks
    Gulshan Upneja

    View Comment
  • DEEPAK SINGH says:

    I BOOKED A FLAST IN NOIDA EXTENSION IN 2013 AND PAID AROUND 40% PAMENT. AS PER BUILDER BUYER AGREEN 6% WILL BE DECUTED ON CANCELLATIOIN.

    I WANT TO CANCELLATION OF MY FLAT AND STRUGGLING TO WRITE A LETTER.

    CAN YOU HELP ME ON THIS AND FORMALITIES I HAVE TO TAKE CARE FOR THIS PUPPOSE.

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  • DATTATRAYA DETHE says:

    I have booked a flat in pune, now I am going for house agreement for same. In agreement builder is mentioning only agreement value which is rs 3.25 lac more than the basic cost of flat. when I asked him about this he said that it is parking and Electricity meter cost. when I ASKED HIM TO MENTION THIS in agreement he is not ready to mention it. he is just mentioning agreement cost as one lumpsum without giving any details.

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  • Aravind says:

    Sir, My agreement with the builder says that I am entitled to a stilt covered car park. However, the parking spot allotted to me does not have the concrete building on top of it. It is in the same floor as the other stilt car parking spots but is in the corner and is open with out a ceiling. The builder later built a false ceiling with iron posts and tensile roofing. Is this a violation of the agreement? can he charge us the same amount that he charged to the other stilt covered car parking spots?

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  • Gurmeet Singh says:

    Hi

    Just want to if a trust can get its land converted from perpetual leasehold to free hold in delhi

    View Comment
  • renu says:

    Please advise about the appointment of returning officer in the Cooperative Group Housing Society and voting right of the member in case of dispute with MC.

    View Comment
  • vijp says:

    I need to help for withdrawing divorce petition. wife filed 498a and dvc 3 months back. I filed divorce 1 month back and summons got returned due to address not found.

    now i want to withdraw divorce petition and file mcd when she want it.
    what reason should i mention while withdrawing divorce petition.

    View Comment
  • P K Jain says:

    After the polling for Election in CGHS, the Returning Officer only declared name of elected members and neither declared total number of vote caste, vote disqualified, vote secured by each candidate nor put up on notice board of the Society. Further total vote caste were 251 but for Presidential candidate counting was done for 250 vote only. Can the election process be challenged for not declaring above information as required under the rules and can recounting of Ballot paper for Presidential candidate be done ? If yes, to whom the request has to be made and within what period ?

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  • Sanjeev khairah says:

    Dear Sir,

    i am from mumbai and have 1 BHK flat based at Mira Road, since 2009 have nt seen any kind of meeting, AGM ect in this society. Builder who develop this building running a society. though they register society but not following law.

    Chairmen not paid monthly maintenance since so many year and i believe all member of core committee not paying any maintenance. society charging fix 800/- per month per flat and also getting mobile tower rent. still they are not paying water bills since 3 years .

    Please advice how can we deal with this. can we make complain somewhere without any name, this is team involved on local politics and they all are anti- social aliment. if we want to sale our falt too they are allowed until owner paid 2% cost of sale price.

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  • Sundaram says:

    My mother in law owns a flat in Noida . She has been allotted one car parking.She want to allot this parking to me (son in law). What is the procedure. She has 3 daughters. Builder is not ready to transfer the parking as per rule. only the owner will retain that parking. So my question is can I make affidavit between me and my mother in law that this parking has been alloted to me alongwith the signature of her 3 daughters that they have no objection on this. Please suggest.

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  • Jalandhar Gouda says:

    Dear Sir,

    I am from Pune and owned a 1 BHK flat at 5th floor, Can i buy 1 BHK flat just below my flat and can i make duplex type by renovating it by breaking my floor.

    Can socity will allow or legaly its possible.

    Thanks

    View Comment
  • MANOJ GARG says:

    Hello Sir,
    We have certain objection on the charges imposed in final demand letter sent by builder along with offer of possession.
    We would like to know that if we have to file the case, whether:

    1) we should file the case before taking the possession or after taking the possession?

    2) Which case is more favourable from legal perspective, if we have to file a case (before or after taking the possession)

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  • KW says:

    I own a flat in mumbai and now need to rent it out. The societys management committe has passed a rule in AGM to disallow tenants to park cars in the open parking area. Does such rule hold valid?

    View Comment
  • Daljeet says:

    Hi we want a proper lawyer to reaolve my case in mumbai society is not giving us nox becz of some personal loan pending from padhpetty and they have refuse to give me noc..

    View Comment
  • UMESHKUMAR says:

    Dear Sir,
    Requesting h/w to please provide me all contact details, for lodging complain against any NGO in Ahmedabad, Gujarat regarding harassment to lady staff/student & illegal activities found therein. Also some NGOs in Ahmedabad doesn’t have qualified teachers to teach Multichallanged children/Mentally Retarded/C.P.children, even such NGOs don’t posses even their own building/classroom or enough space to teach them, possessing a single/congested room. Getting regular donations from the donators but fund seems getting used elsewhere. This is very serious, kindly help in the matter aeap,by keeping my details very confidential, since my son is 22 Year old with 95% disabilities & we are one of the victims. Kindly reply per E-mail With Warm Regards, Dipak Bhatt

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  • sanjeev says:

    dear sir can mutation of society flat be done without consent or disagreement of one of the brothers in the favor of our mother eldest brother is our step brother mother is nominee and society xferred the shares in her name. fathers will is also in mothers name but unregistered or pls suggest us some way out to sell the flat it is a freehold flat and convey deed is in fathers name

    lots of thnx

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  • TONY DSOUZA says:

    I MR TONY DSOUZA GIVEN PART SHOP SPACE ON RENT TO ICICI BANK ATM SINCE LAST 5 MONTH THEY HAVE SWITCHED OFF THE MACHINE AND NO PAYMENT RECEIVED IE RENT. THEY NOT GIVING A REASON FOR TRAMINATION PLS HELP IN SOLVE MY PROBLEM BY WHOM TO CONTACT AND WHERE ADD DAHISAR MUMBAI 400068

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  • Sir my cooperative society was formulated in 1996 in Greater Noida and at that time had given a registered address of Ghaziabad of one of its members. Although the actual location is Greater Noida, then as per the location the address shouJurisdiction also ought to have been changed to Greater Noida instead of continuing it as Ghaziabad.

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  • Assu says:

    I am Assu, I have filed a consumer complaint, against mediclaim, in the consumer court at Goa. Since I am appearing in person, I want to know, where I can find Judgements against Insurance companies who have violated IRDA’s guidelines of Policy holders Insterests. Regulations 2002.Regulation 3[4] Point of sale, Regulations 4[1b] Proposal of Insurance & Regulations 11 [1] General which states as Requirements of disclosure of material information regarding proposal or policy apply, under these regulations to both to the Insurer and the Insured.
    Since the matter has reached written arguments stage, Please help me to get a copy of any judgements against Insurance copmanies who failed to keep these guidelines.

    Thank you so much in advance

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  • Sumedha says:

    I own a flat in one of the CGHS in NOIDA ( NCR) and want to sell. I have the share certificate and possession letter . I have following two qaries :
    (a) Is it complusary to get the flat registered in my name before selling
    (b) Can the membership be transferred to the perspective buyer and may be registered in his name directly if required
    Please advise
    Thanks

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  • Sumedha says:

    Please let me know the clear provisions as answer to my both the quaries as yes is confusing, being contradicry to each other

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  • Vaskar Ghosh says:

    Hello Sir

    I have brought a Flat in Kolkata and taken handover of my Flat almost 15 months back. Since then my Builder is forcing me to pay very high maintenance Charge, though he neither completed all his work nor he is giving proper service. He sent us a monthly maintenance bill from our Building Flat Owner’s Association (Builder already registered a Flats Owner Association without informing is and appointed two of his office employees as a Director of our Flats Owners Association). Then we all Flats owners gave him a letter asking reason for this high maintenance charge, Details of our Flats Owners Association and about pending work. He did not replied us, when we contacted over phone he rudely told us that we have to pay this monthly charge other wise he will not give handover of Building maintenance to us. In this context please note he has appointed his own person as security cum care taker for our building and those people are creating problems in our day to day life. Please help us how to deal with Builder / promoter.

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  • Dev Kumar says:

    I own a 1BHK builder flat in Noida, I have also paid for one cover car parking. but currently do not have a car.
    I have a bike too, now builder is asking for money for bike parking. He is saying if you have both bike and car you have to pay for your bike parking.
    can you please help me out.

    View Comment
  • Velayudhan C says:

    Dear Sir,

    I am a member of an Apartment Owners Association. I want to know, if I have to register a complaint to the Registrar of Societies about the proceedings of our AGM, within how many days after the AGM I should make the complaint? What is the time limit for this pl?

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  • S N Gupta says:

    Builder in Gurgaon sold me an apartment in condominium. Builder started raising bills for maintenance charges. I told them as per Haryana Apartment Ownership Act(HAOA), only RWA can charge it.
    Builder filed civil suit for recovery. I contested with s.3(3)(a)(iii) of Haryana Development & Regulation of Urban Areas Act and s.3(g),s.16(1),s.16(f),s.16(g)of HAOA.
    Court did not take my contentions into account and passed the decree against me.
    Want to appeal against the order.

    View Comment
  • Santosh murudkar says:

    Dear Sir,

    Our society new committee is taking festival fund which was not a main agenda of special general body, taking double property tax which was not in MOM. The same was represented to Dy. registrar. Now they have changed the name of Festival fund to welfare charges taking managing committee approval. Our society has received notice from Mhahda to pay charges from 2007 to 2016. our new committee make responsible Ex secretary to pay penalty on Mhada charges. Kindly let us know how to go ahead.

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  • Suresh says:

    Hi,
    I am residing in a society of 7 wings in PUNE. Out of the 7 wings. 3 wings have Solar water heater facility for its residents. The same is not present in the other 4 wings. So for maintenance charges can the solar related charges be charged be across all 7 wings or should it be borne by only the 3 wings having the facility?? Can you refer to any bylaw regarding this? Bylaws should be applicable to Pune.

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  • MD SHAJEE ADIL says:

    Dear Sir,
    i have purchased in a housing society in kolkata. There is an ad-hoc management which is not yet registered. Suddenly the society has barricated a drive way within the complex and not allowing the cars to move in a particular drive way area.
    My querry is that can an ad-hoc committee have the power to barricade a particular drive way and stop free movement of vehicle.
    what can be done to remove this barricade.

    View Comment
  • Sunila Navalkar says:

    We are senior citizens staying in a cooperative society at Borivali The flat above us has a family which continously engages in pounding, moving furniture or the 13 year kid plays around. This happens very sporadically including in the night. I have shown this to members of committee and secretary but it is difficult to call anyone when it occurs the loudest. I have tried to speak to the concerned family personally but the party has written to the secretary that I should not communicate to them directly. Hence I have personally called the secretary who is their neighbour even as late as 11.30PM. All written complaints has also fallen on deaf ears. My husband and I are ailing people, with high BP and under medications This disturbs our mental peace and aggravates our sickness. The ceiling also faces danger. Inspite of repeated requests nothing seems to change. Kindly advise Thanks

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  • vallabbh says:

    res sir I want to dava aginst socviety

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  • vishal dawda says:

    i stay in mumbai at mulund in a chs. i have a car since 10yrs which is alway parked outside my house as i stay at ground floor.my neighbour has three wheeler tempo which hi stared to parked near my car since last 4 months.he parks the tempo in such a way the it blocks my car moving in and out and geeting reversed as its a cingle way to in and get out…i had requested hi several times to park his tempo at other side but he doesnt listen to me and ultimatly it has resulted to dispute.someone said me thatcommerical vechile or goods carrier vechile are not allowed to parked in the society so i required ur advice that now how can i stop his vechile to be parked in the society compound…plz help…..and if its possible then tell me the laws or the rules to solve this problem…thanks

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  • Baldev Krishan Ashta says:

    I have issued notice under section 80CPC to MIDC. Can I compel authorities to reasonable reply within 60 days?

    View Comment
  • vishwas patankar says:

    From what date is the supreme court judgement on purchase of car parking space in CHS applicable? Is it applicable in case of allotments made before date of judgement? Or is the judgement prospective in meaning?
    Please shed light…thank you.

    View Comment
  • R K Gupta says:

    CAN A MEMBER OF A GROUP HOUSING SOCIETY MAKE A WILL WHEN HE HAS NOT COMPLETED PAYMENT TO SOCIETY AND HAS NOT GOT SUB LEASE OR CONVEYANCE OF FLAT WITH DDA /REGISTRAR.

    What are contehnts of a will in such cases?

    View Comment
  • MUKESH PATIL says:

    Are any provision for builder to revised the plan after selling 90% flat in same building.
    Can any provision for builder to convert stilt into residential flat without without NOC of flat owner after selling 90% flat.?

    View Comment
  • Kunal says:

    I am living as a tenant. We have one allotted parking with the flat. The building has open parking space also which is not allotted to anyone at the moment and is being used on first come first serve basis.

    Now the society has decided to allott the open parking space only to the owners of the flat and tenants will not be allowed any parking in that space.

    Is this justifiable? As a resident of the building, I am also entitled for equal rights. Is this not discrimination?

    View Comment
  • sandeep naharia says:

    I am living in a flat in bhiwadi in a multitower housing society maintained by builder and also has a RWA.

    Problem: We have mischieves and misbehaving noisy and bullying neighbours with female of the neighbours real trouble makers.

    Their has been incidents of broken cfl bulp on our main door.later on maintenance claiming its fault.

    We have complained regarding the whole issues to RWA and Builder maintenance but nothing has been done.

    We have also seeked permission for installation of CCTV but society has not provided any permission yet.

    Whom can I approach for resolution.

    View Comment
  • Suman Kumar Agrawal says:

    I have filed case in consumer forum against builder for deficieny of services,Parking size,Seepage etc.Case is going on,in the mean tine builder is going to form society & i have not received letter from him in formation of Society.Builder formed committee & without registration of society committe fixed the monthly charges & forced for payment.
    What are the remedies in the matter.
    a) can i get injunction from consumer court that till the judgement he cant form society because parking & other matters not solve after the formation of society.
    b) Can committee collect monthly charges without registration of society?

    View Comment
  • jacinta jacob says:

    I had purchased a MAHDA flat in chembur IN 2001, I had paid stamp duty that time but did not do the registration.The bldg went in for redevelopment and as i work abroad and due to work commitments the registration formality was completely forgotten.
    I planned to sell my flat and in september 2016 i asked my old seller to come to sign for registration and he agreed,now i have paid all the penalties and all my documents are clear, but the old seller has backed out and not ready to sign for registration.Is there any other option? pls help me.

    View Comment
  • Vini says:

    Hello Sir!!
    We are residents of Top (3rd) floor in NPL Group Housing society, Vikaspuri which is 30 years old. Our balcony is in really bad shape since last 5 years and dangerously bending and big chunks of plasters falling continuously. We have been constantly complaining of the same to Society management for last 5 years in writing to allow us to repair the same. Society’s management has passed several orders in writing and requested to residents living at Ground floor, 1st floor and 2nd floor to allow us to get it repaired with reinforcement of pillars after consultations from engineers as our society is very old and structure cannot bear load without additional support. The residents of Ground floor has encroached upon the plinth area and is not allow to getting the scaffoldings etc to be erected for repair work upon repeated requests from management and president in writing too.
    Request you to please suggest the resolution course asap as its a disaster waiting to happen.

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  • Prashantha says:

    I am a female senior citizen aged 65 years. I belongs to scheduled tribe category. I was allotted a site From Aircraft emplyess Co operative society in the year 1998. The society has registered the site in my name.
    But I am unable to enjoy the position because there is a legal dispute on that property survey number against the society by the land owner. But the society has transferred the Khatha in my name of the property.
    But we are not able to identify the location of the site. Also there is no proper response from the directors.
    I am now 65 years unable maintain my domestic expenses as well as Medicle expenses. I have only my asset is this site. But unfortunately not able enjoy or sell. Children’s have their own life to lead.
    I don’t know how to take step against the society. Is there any possibility of claiming compensation from the society to clear the issue. Or how to go further legal step on this.

    View Comment
  • Atg says:

    Hi

    I am leaving in Delhi one of the cghs society. I have the following queries:

    1. Can a owner of the flat eligible for the management committee election he did not pass 3 years in the same society.
    2.if he is joint owner and he is not a IST owner means he has 2nd in name of the registration copy.

    Can this person is eligible for election.

    Please suggest It will be very helpful.

    Thanks in advance

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  • ANIL SAVLA says:

    I AM SECRETARY OF CO OPERATIVE HOUSING SOCIETY . NOW DUE TO LACK OF TIME I CAN NOT DO ALL FUNCTIONS OF AS SECRETARY . SO I WANT TO RESIGN .
    GUIDE ME

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  • Shamama says:

    Dear Sir,
    i need you help and advice on the property matter which is in the name of my parents.
    my father expired about 8 month ago. now, my mother also not doing good health wise.
    we are staying in a co-ophousing society.i am the eldest daughter of the family.
    i have few queries regarding attending soiety meetings or putting up my concen and queries raised in society meeting which i only come to know through minutes. My mother is not in a position to attend these lengthy meeting and to undersatand certain terms raised or disscussed there all her by own . she need someone along. Is there any way i can be allowed to attend or disscuss query/concerns what we have.
    please advice me how do i go about.

    thanks in advance

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  • Salman Muzaffar says:

    Sir,

    I have bought a flat in noida ext. and it is under construction.When i talked to my builder about painting my flat as per my colour choice, then he said that he will not paint as the painting of the flat is not mentioned in the agreement documents. Please suggest if i can do any legal proceedings to get it done as it is under construction flat and painting is basic things which i think that not has to be written in agreements.
    Can he be sued for that.
    Please help.

    Regards,
    Salman

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  • A harassed flat owner says:

    I own a flat in a co-operative society in Mayur Vihar, Delhi. I want to rent/ lease out my flat to unmarried/ single professionals who will share the flat. However my co-operative society is telling me that I cannot rent out the flat to singles (even after assuring them that they will not cause any nuisance) but can only do so to families. Can the society put such conditions? If they cannot then what course of action should I take? If I went ahead & rented out my flat to singles then what action can the co-operative society take against me? Could they use this as an excuse on some future date when I want to sell the flat to not allow the sale? How can I safeguard myself against that? Thank you for your help.

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  • Damini says:

    Sir. Pls confirm me the one thing who will give the permission for extend the bolcony upto ground floor balcony. I have second floor dda flat in sec 28 rohini.my contractor told me no need for permission. And mcd will check not dda.so pls sugt me right way. I want extension my balcony upto only ground floor balcony. Thanks

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  • Rohan Shah says:

    Hi,

    I recently purchased home in Ahmedabad, Gujarat. All formalities are already completed, sale deed, registration, Society NOC etc.

    My Problem : Society is also ready to transfer property on my name but my share certificate is compltly filled and now there is no space left on which they can transfer on my name as there are many entries already made, due to old owner has taken loan from Banks and Banks have mortgage-de-mortgage once loan completed.

    And this is for the first time that Society is facing this kind of issue so me and society members are not aware about further process whether they should provide new share certificate or extend the current one.

    Thanks in advance. Any help would be appreciated.

    Regards,
    Rohan Shah

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  • Anjali Ghosh says:

    Hi, I need some advice. I started a company with my father, and we availed loan from Bank of Baroda. The company suffered heavy losses, and I resigned as director and we shut the company. I now have a similar company being a director, and doing similar work. The bank is chasing us for payments, but we have no money to pay. The matter is in DRT. What recourse do I have?

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  • Anjali Ghosh says:

    Thank you! Someone suggested filing Bankrupcy. Can we do that? I have another company which is successful, but my father who was 95% shareholder in the previous company has no money. Also, can they try recovery from me?

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  • Sat says:

    We are members of a coop group housing society in Ghaziabad, UP, formed in 1990. The management committee is just not communicative. No Annual General Meeting for last 6 years. Some of us demanded a list of all members (names and addresses) with the intention to write to all members. The Secretary refuses to give, saying even under RTI we can’t have it.Please advise.

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  • Ajay Sandipog says:

    What is rcc rules of society
    Please guide
    Does keeping a flower pots on our own open terrace comes under rcc rule if yes then how many folwer pots does a owner can keep

    Regards,

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  • Dilip Sharma says:

    Dear sir,
    My problem is that we own a flat in CHS and have been alloted a car parking space.. for last one year my car was in the garage due to some reasons however the car parking space was not yet cancelled adn we were told that the space alloted for car parking would be cancelled if we dont park our car there .. the extension was untill march 2017… So we decided to buy a car on T-permit .. and by God’s grace we did manage to get the car on T permit .. however after seeing the yellow coloured number plate the society has just ordered us to vacate the space stating that the space alloted is for personal vehicle use and not private taxi ..
    Please help how do i respond to them .. is it illegal to park my commercial vehicle in society ?? This space has been given to us since 1996 … However the society states that there are other members in the society who want to park their car for personal use hence they have cancelled the parking space.

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  • Saurabh says:

    Dear Sir,
    My mother (dependent on father) holds a CGHS flat in Dwarka with membership in her name since 2004. 5 years ago my father purchased another flat in 2nd CHGS society ( and not applied for membership). My father passed away a year back and he had made my mother as nominee for the flat. We had converted the 2nd flat in my mother’s name in MCD, however Adminsitrator of 2nd CGHS scoiety is saying she cant have two properties in her name.

    Can please advise if my mother can have both the flats in her name with membership only in First society. Also can you advise if purchase of 2nd flat by my father was legal buy?

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  • Geetika says:

    Dear Sir,

    Please suggest Can I be member of only one CGHS but owner of two flats in different CGHS in Delhi? Because I guess membership of society and ownership of freehold flat are not linked.

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  • Nikhil Gupta says:

    The tenure of the current management committee is ended in August 2016. But the committee is still functioning and delaying elections. Also, the Audit of two previous years are still pending. Is there a way we can get the elections conducted as soon as possible and hold the audits which the current committee is trying to “manage” ? Already written to registrar office many times.

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  • Question : Legal case is going on between member and society regarding change of user by a member for the purpose of use for business of the residential unit. member has put a legal notice at the door of the secretary and treasurer’s unit and the office bearers are not present in the flat and out of town. is there any concequences for non availability of the office bearers.

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  • Syamasundaran says:

    I want a Good Lawyer to represent me in R.P on 17-03-17 before NCDRC,DELHI.

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  • Sheeba says:

    Dear Sir,

    I would like to know whether tanker charges are applicable for vacant flats as my flat is vacant since last one year and the society charges tanker charges in maintenance bill. Apart from this we pay municipal water charges as it is applicable.

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  • Muthu Sankar says:

    A a person who lived in Libya. He appointed his relative B as his Power of Attorney holder to look after Indian properties. Subsequently while local war A declared as died by Libyan Government. In India his POA B sold all the properties as his legal heir and swallow the money. Surprisingly after a long time, A come to India as alive. He came to understand that his properties sold and swallowed by B. He filed a case in India. How can he retrieve his properties or benefit from B. Is there any ruling suitable to this case

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  • Sheeba says:

    Dear Sir,

    I bought a flat in the year 2007 in Mumbai, Maharashtra directly from the builder. The flat was in ready possession. Now, few days back, I had received a letter from builder asking me to pay VAT. How come I have to pay VAt after 10 years?? How should I proceed further?? Actually who has to pay VAT??

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  • monu says:

    I am the sole owner of roof as per the sale agreement in an builder flat, with tanks of other flat owners on the roof in a corner. do i have to give the keys mandatory to other flat owners. please suggest.

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  • Rajeev jain says:

    Sir my employer a cooperative bank in delhi put me under suspension without any reason since 7-9-2015 and subsistence allowance only giving 50% many requestes been made so many times to employer an RCS too but no result till date guide me please for future action.

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  • S.SHUBHA says:

    Dear sir
    I am Shubha leaving in an Housing Board premises at 2nd floor.Whether all the floor owners i.e ground floor, 1st floor has to give share for the repair work as on our terrace all the 6 floors water tanks are there. If in ground floor septic tank seepage is there whether we have to share for it?
    Kindly advise the rules to be followed legally.

    Thanks

    Shubha

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  • archana says:

    Hello Sir/Madam,

    I stay on 1st floor and facing issues due to leakage in my kitchen, bathroom, toilet since past 2 years. We have given letter to the society explaining the issue 1 year back but no action was taken by the society on the issue. Instead the committee members of the building started yelling on my mother without listening anything. Because of which she actually fainted in the meeting because of high blood pressure. Now we have started the leakage repair work in our house with our own expenses and during this we found the leakage is coming from 4th floor member’s toilet. And this leakage is impacting all other floors including the ground floor. The leakage architect said they need to change the whole drainage system , pipes, toilet cock, toilet tiles, toilet flooring and toilet utensil. The society committee member says the cost of toilet utensil and pipe and cock has to bear by both the parties. so I have few doubts, please help me with the queries:
    1) The repair cost we are working in our room due to leakage should also be considered in that case, so they should also pay leakage expenses for my room?
    2) The leakage is on 4th floor, so all other floors are impacted so they should also pay the expenses?
    3) Do I need to bear the toilet utensil, pipe and cock 50% expenses or all the floor members should be taken into account? Should only expense for pipe and cock to be given, as the utensil will be used by them and we won’t be anyways benefited by it.
    4) Is the 4th floor owner alone are responsible for the expenses?

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  • Sanjay Verma says:

    Dear Sir,
    I am staying in a Society at Ghaziabad. Our Society has different types of over 500 flats and my tower is a premium tower having 96 flats only. The builder sold the flats to us as premium tower having exclusive services like seperate rooftop club and extra secuity. The size of our flats is biggest among att the others flats in the campus. The RWA working in our society shows biasedness and slowly withdrawing facilities from our tower in name of RWA decison. Whats the way out as RWA is biased and no representative from our Tower in RWA. Please guide

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  • Shiben Kishen Salman says:

    since 2012 I am covered under Medi claim insurance, by having PNB-Oriental royal Medi claim policy. last year on 03/10/2016 my wife was taken ill and took to IVY hospital in Amritsar, and remained there for till 04/10/2016. I submitted all the related documents to the TPA ( Medi-assist) to their office on 7/10 16 and was duly acknowledged on 14/10/2016. Now after the lapse of six months, the manger of oriental insurance company informed me in writing that the claim of Rs 6947 has been denied under section 4.7 of the policy. As per my knowledge the claim is required to be settled within 20 working days of the receipt of the claim. At the time of purchasing/renewal of the mediclaim polciy, they only provide, the policy and other than that nothing is provided to the insurer. Neither policy is provided,nor the list of hospital covered under the polciy are provided to the insurer . what should be done to recover the claim of Rs 6947

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  • DDA forced us to pay the due of ground rent against CGHS, sect 4 Dwarka. i paid Rs 50101/- as my case of Free hold of flat was getting delayed by more than 18 months because of this. socety management is now refusing to pay me the above amount in the pretext of charging it from DDA direct.
    i approached Registrar Co op society through E-mail at least 5 times, but true to image of DDA, its wastage of time. pse advice.

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  • Priyanka says:

    Respected sir/madam,
    I Need your advise on my problem facing in society My comment No., is 15390 .,

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  • Chiniot CGHS Ltd says:

    One Vice President and 3 Mananging committee members out of 8 have resigned. Can we co opt members to fill the vacancies? Whether the co opted committee members can become office bearers? If not whether elections has to be held for filling the vacancies arising out of resignation.

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  • Chiniot CGHS Ltd says:

    Sir

    To fill up the vacancies arising out of resignation of few managing committee members can we go for co option or to hold by election to fill the vacancies? Can a co opted member occupy the position of office bearer? Kindly clarify.

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  • Ravi Thussu says:

    I am a resident of an apartment in Vikaspuri New Delhi under Delhi Coop society act, The management issued a circular demanding Rs.5000/ as first installment for road restoration activities,it about 3 months now and only 80 out of 130 odd members have paid. Can I ask for refund as they are sitting on our money and lot of members are not paying for whatever reasons. I can not have my money lying un utilized with management and they may end up using it for any other purpose other than road restoration.Kindly advise
    Best Regards

    Ravi

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  • Vikas says:

    Dear Sir,
    Plz guide me the procedure to raise the share money from Rs.100/- per share to any other higher amount by a Cooperative Group Housing Society.
    Regards
    Vikas

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  • Vikas says:

    Dear Sir,
    Kindly let me know that, is it not necessary for any new purchaser of a flat in any cooperative group housing society, to apply and become a member of the cooperative group housing society. Or can he always reside in a flat of the society after purchasing the flat and not becoming a member of the society.
    Regards
    Vikas

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  • Vinod says:

    Legal Issue: Flat Possession delayed by builder and no response from them about the possession
    I had purchased the flat from the builder on Aug 2012 by paying Rs. 1,00,000 as advance amount. While booking they told that remaining amount arranged by Bank Loan.
    On Dec 2012, Sales and construction agreement sign-off and document submitted to bank. On construction agreement, they mention as Flat construction will complete on or before 18 months from the sign-off day. But as of today they didnt handover the flat. Whenever request they provide false promise date/no response/threating us. As of now 95% of stage amount are released to the builder.
    For the past 5 years, i am paying emi and rent.
    Need your assistance on this and how to recover our money from builder

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  • ashok Kumar Gupta says:

    Dear Sir,

    We are having leakages from two bathrooms from our top neighbour . He is not repairing . There is a danger of FIRE as water leakages can reach any time in the electrical distribuition board .
    Ashok Gupta FLAT no D/7243 Sector D Pocket 7 VASANT KUNJ NEW DELHI 110070

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  • Manoj Kumar says:

    There is an existing case against a builder for delayed possession and penalty grievances. We are a group of some 60 home buyers want to be impleaded in existing case through an IA. We are ready with our documents and draft IA copy. Looking for a lawyer at NCDRC who does scrutiny of documents, petition, filing and get admitted.

    Pls refer someone who can undertake this at nominal cost.

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  • Rajesh Kumar says:

    Dear Sir,
    I purchased a floor in South Delhi from a builder some 25 years back on GPA. Now I want to convert it into freehold. Is it necessary that all the owners of other floors on this particular plot should also get their flats converted into freehold? This building is having one basement and three floors above it. Mine is on the first floor.

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  • D.C Kaul says:

    I am residing in flat owned by me in an apartment comprising of 6 flats on three floors. Few owners are attempting for converting their residential apartments into commercial usage like offices, Godown, SPA/saloon. Since approach to all flats is common .this may cause inconvenience,safety issues & housekeeping challenges to resident flat owners. What is the way out for stopping commercial usage of residential flats .

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  • Saurab Kumar says:

    My father has ancestor property, the share for the property has been divided. Can he make a will of the ancestor property and can he give his share to someone who is outsider.

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  • Jayita Chatterjee says:

    Dear Sir,

    I emailed you before, however, didn’t get any reply.

    I need your advice regarding the election deposit rules of a registered housing society(Ltd Co). Is there any such rule that a candidate has to deposit Rs 1 lac for filing nomination of an election in a registered housing society(not a charity) for voluntary community services? If it is there, can it be amended by simple procedure?

    I look forward to hearing from you.

    Kind regards,

    Jayita

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  • R D UPPAL says:

    ON A REPRESENTATION, RCS OFFICE HAS DIRECTED THE MANAGEMENT COMMITTEE OF A CGHS TO HOLD SGBM FOR RETIFYING BUIDLING FUND LEVIED BY THEM IN LAST GBM. CAN THIS SGBM INCLUDE OTHER MATTERS AND ALSO ANY OTHER ITEM WITH THE PERMISSION OF CHAIR ?? OR THIS SBGM WILL BE FOR THE PURPOSE RCS HS ISSUED DIRECTIONS ?

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  • R D UPPAL says:

    Thanks for the reply BUT my query is that RCS has directed the MC to call a SBGM for a particular fund for which representation was submitted by more than 1/5th members of the society. Can such SGBM include more items other that specified by the RCS??

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  • Liladhar says:

    In a special general body meeting, is a items on agenda are to passed by secret voting or just raising hands

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  • chetan prajapati says:

    the society has not following redevelopment norms , if one member files a case in co-operative court against mc membersw for not following rules for redevlopment, can he win ? the society is not having conveyance. what should be done in this case? can a member file criminal case against the mc members for forgery and fraud?

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  • Manish Jain says:

    IF RCS gives directions to MC to call a SGBM for a particular issue, within how much time it is to be called as per DCS Act and what is the notice period required for SGBM ?

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  • Manish Jain says:

    Thanks for your prompt reply. Is 7 days notice period included within 30 days or it is beyond 30 days ??…pl clarify

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  • adish jain says:

    WE have a commercial shop in Netaji subash place which was earlier on builder buyer transfer but now as DDA is cleared the building , owners can apply for freehold on individual unit/shop/office basis. But for freehold process NOC is required from builder’s end and builder is asking Rs 500/sqft that too in cash for providing NOC and not accepting in cheque.

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  • Asif A.R. Modak says:

    Good Day Sir,
    My mother 76 years old owning a flat on third floor in co-operative society at Mira road since 1995. Around 4 years before flat above her flat was purchased by one person. After purchasing he did lot of changes / modification in his flat. Since then water started leaking in our flat. While carrying out above work my wife complained many times to the person who purchased above flat, he promised that he will repair same but not done anything. Now in the month of May / June 2017 he had carried out some modification & now leakage increased, condition is bad to worst, litrally now water is dripping drop by drop. Above person was intimated many times but he is not doing anything. About three years before letter was given to society but as per them it is issue between two flats & they are not doing anything.
    Now for the last two months condition is totally un-hygenic.
    Presently my mother is staying with us.
    Please suggest how to get it rectified.

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  • Jayesh Shimpi says:

    I am currently staying in a society (Wadgoan Sheri, Pune) wherein there are 12 flats of 1 BHK type approx 600 sq ft), 12 flats of 3 BHK type (approx 1200 sq ft) and 24 flats of 2 BHK type (approx 800 sq ft).
    Since last 7-8 years society committee iss charging equal maintenance amount to all flat owners (regardless of their different areas) and in every AGM I & few other owners were appealing to society to charge maintenance as per by-laws i.e. per sq ft. but they didn’t listen and concluded through voting. Because of majority of 2 & 3 BHK flats, everytime they used to win with higher votes and every year they were charging same maintenance amount to 1, 2 & 3 bhk flats.
    Now they are arguing that all facilities used are common by 1, 2 & 3 bhk and hence maintenance should be equal. If that is the logic, then I want to ask why corporation property tax is charged as per sq ft area of property? Corporation tax is for water, road, garbage collection, street lights etc. These all facilities are also common to all and used equally by all whether it is 1, 2 or 3 bhk or any bunglow. Then why corporation tax is charged as per sq ft?
    That means there must be some logic decided by Govt/Corporation which have laid down this tax system. Why same logic is not extended for charging maintenance?

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  • krishna says:

    I am having flat in joint name with my younger brother. I want to sell my flat BUT he is not co operating for sale NOR he is willing to pay my share of the flat.

    Pl. guide & HELP.

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  • Jayesh Shimpi says:

    External leakage like leakage from my flat’s terrace drain to lower flat’s terrace is whose responsibility? Mine or Society?

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  • Gerald Lawrence says:

    Hi, Im residing in Mumbai and am facing huge leakage issue from the terrace during monsoons. I have got no resolution even after frequent complaints for the last 13 to 14 years.

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  • Mahendra Mhadgut says:

    Physical staying member will be allowed in Managing committee? If some body rented his flat, so original owner can be in managing committee.

    Please confirm the same & give us refernce under which commissioner issued the circular.

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  • Deepa says:

    Hello sir,
    I request your immediate counsel on a crucial issue that I am facing.
    I am a ground floor owner and resident of a CGHS in Delhi with a chronic heart condition. The society has allowed parking to residents exactly outside my house. In order to be able to retain some privacy and ease of way, I have put a few plants outside my house for not more than 2.5 meter, adjacent to which I park my car along with other residents’ cars, however, in order to have more parking space for other residents, the society is coercing me into removal of the plants from this area to extent of threatening me to ensue legal actions against me and removing the plants without my consent and presence if I do not remove them soon, all this despite knowing my heart condition.
    My query here being:
    1. Does the DDA require societies to maintain a particular distance from the ground floor house to the parking area.
    2. Can the society force its residents to remove plants from right outside a resident’s house especially when the society is required to maintain green area.
    I desperately look forward to your response.

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  • SWETA says:

    PLEASE INFORM IN DDA SFS G+3 FLATS ESP. VASANT KUNJ SECTOR A POCKET B&C WHO DOES THE TERRACE BELONG TO?
    ALSO DOES THE TOP FLOOR OWNER HAS THE RIGHT TO REFUSE THE CABLE ANTENNAE TO BE INSTALLED ON THE TERRACE.

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  • M N Rao says:

    Dear Sir,
    Whether a Plot Owners Welfare Association Regd U/Societies Act can file a civil suit against the plot owners who are willful defaulters for not paying the Development Charges which was fixed and decided in one of the GBMs to recover the said DC? if so how where to be filed by as its General Secretary. Hyderabad

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  • GOPAL BHADURI says:

    The ownership of the property is in the name of Grand mother. Grand mother has WILLed the property in the name of her Grand son. After expiry of Grand mother, the WILL is under probate at district court. But in the mean while Society has transferred the membership in the name of her Son even after having knowledge that copy of WILL is submitted to the Society and is also under Probate.Does the CGHS has the power to transfer the membership in the above case ?

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  • Viswanathan CS says:

    Ours, a small apartment complex has 7 flats with 6 car parking slots in stilt. One small flat has not been allotted parking while 6 others have. As it’s free parking it comes under common area. But one has put up grilled enclosure around his parking slot. As he has usurped the area falling across the RCC pillar also, the adjacent allottee (myself) is not able to open the door fully or get down from the car after parking.

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  • Ravi Thussu says:

    Can a member who is presently not a resident of the coop society and has let out his property, contest elections for any post in the management committee of the Society,such a scenario is likely to arise in forthcoming elections at Manocha Bandhu Coop Group housing society, Vikaspuri,new Delhi,
    Your advice will help us in taking a correct stand on this issue,
    Kind regards
    Ravi

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  • Dhruv says:

    I live in a housing society (ground + 3 floors). I have constant seepage from the home above mine. (I live on the ground floor). We’ve spent a lot of money on getting their floor fixed despite the fact that the landlord of first floor should have done that. We’ve told him verbally innumerable times that please get your drainage fixed but he has not done anything till now. Now the water is constantly dripping inside my drawing room because his bathroom is illegally built in the front side of his home and he did not get his drainage fixed. We’ve submitted written complaint to noida authority, nearby police station but no one seems to act on it. Its been gradually dragging on for months. The noida authority CEO has instructed the designated person to submit his report on this, but seems like the department just sits on it and does not act. I’ve spent a lot of money on electricity(running fans 8 hours each day to keep the room dry), renovation (paint + masonry work); regardless of all my efforts the seepage is constant and the landlord does not do anything. I want to file a case against him for mental harassment, damage to my property, causing useless expenditure of my money. What all sections of IPC will help me in the above scenario?

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  • KIshan Chand says:

    Dear Sir kindly advice,Can a Private Limited company purchase a flat in co-op group housing society in delhi in resale.Original allotee has free hold convennce deed and we are buying for our staff to reside in that flat.

    Thanks

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  • Jitendra Kumar Sharma says:

    Query:
    Does Consumer Court have jurisdiction to hold trial against Delhi Cooperative Housing Financial Corporation, New Delhi?

    Roughly, briefly stated facts are:

    Admittedly, there was no privity between the DCHFC and Jitendra Kumar Sharma 82-year old vulnerable member of Veer Puru Coop Gr. Housing Society. Complainant is original member of the said Housing Society as such no liability could be foisted on him, VPCGHS being the sole JUDGMENT DEBTOR.\

    DCHFC/Its Recovery Officer Ravi Kumar Jai, misused power and position, under illegal coercion and threat of arrest and eviction RECOVERED Rs, THIRTY LAKH and without jurisdiction deprived the complainant of his Flat,Cooperative Membership, other privileges.

    Registrar, RCS, is not taking cognizance of the case in spite of several reminders and LG’s Instructions to decide the complaint.

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  • GOPAL BHADURI says:

    Does a member who is not the owner of the flat in CGHS can sell the flat ?

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