LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.
You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.
I am Joint owner of a Flat with my mother. The adjacent flat is owned by my mother with my brother. Both the flats are cojoined flats.(Single Flat on the floor) I am paying maintainance charges regularly for my flat whereas my brother has not paid from last 3 years.
Now, society has decided to refund back fixed deposits held by them back to the members of the society in proportion to their area. However, the society is adjusting my receivable against the old dues of my brother since there is one common co-owner, my mother in both flats.
Is this legally tenable? CHS, property-related issues
Procedure of 79A is already done in society premises
On 16th March 2023 we received a copy of DA (Development Agreement) to read and understand
On 5th April first time society's appointed Lawyer came to our society and explained the DA to everyone, The agreement which was given to us for reading was totally different than agreement which was read by Lawyer, Safety clause of members were removed. We raised this issue immediately but our developer told that now any correction in DA is not possible as stamp duty is already paid
Now out of trust 52 members have already signed DA at registrar's office.
8 Flat members are opposing this and have not signed it.
Recently on 30th May AGM meeting of society was held and it was unanimously decided to put redevelopment on hold. There is another developer who is giving better offer.
Now we 8 members have certain queries as follows
1) what procedure can be done to halt this process.
2) where such complaint can be lodge
3) Do we have any legal standing if raise a fraud case against developer
4) What action can be taken against society committee (chairman and secretary who are in full favour of developer)
Regards
CHS, property-related issues
in my mother's name with nominated me in Registared Office. Share certificate issued by MAHADA Office is in my mother's name. Our society asked legal succession certificate for transfer of shares/flat in my name and it is expensive. Society is not accepting only Nomination for transfer of shares certificate.
They want legal succession heir certificate to be brought on record.
How to bring legal heirs on record for the society without probate .
How to resolve this problem.
If the flat is transf, What are options to me. . Thanks CHS, property-related issues
Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee
Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.
AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r
Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.
Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.
SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on
Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.
Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues
Sucheta Dalal Trustee - Moneylife Foundation