Advice in Property Law

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Legal advice in Property Law

Builder not providing parking spot as per the approved plan

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

Who can sign a will as a witness?

Who can sign a will as a witness? Sir, my late father (Hindu by religion) executed a registered will for which my wife signed as one of witness, since my father asked her to do so, because other witness couldn’t come due to out of station. Someone told me that my share in the will, will be void and forfeited. However, one of my friends saying it is not true in case of a Hindi will, please clarify.

Members have breached trust unlawfully

As an ex-President and donor, I am facing a situation where 10 members have passed away, some members have resigned, and there have been no audits for 15 years, leading to a breach of trust. Three members have no objections to returning the land donated. However, the secretary and one member are attempting to transfer the trust land to another trust for their own benefits. How can I take action in this situation to protect my interests as a donor?

Can an allotment of land made to a person free of cost by the government is a self acquired property

The govt. settled the erstwhile east-pakistan refugees as farmers and allotted them with agriculture land and homestead land free of cost. But this allotment was made only to the refugees who were married/ had a family. Bachelor refugees accompanying their elder married brothers, were not considered for allotment of land during that time. Later on these bachelor, irrespective of their marital status, were allotted agricultural land, but with lesser quantum of area. My question is, Is this allotment of land to the married refugee a self acquired property or ancestral property.

Builder constructed building over the area reserved for the use of the house owners

Hi, I reside in Ahmedabad. My society is a cooperative housing service society. I want to know if the builder provided extra space to house owners for specific use, not for construction. Builder constructed a building over the area reserved for the use of the house owners. If house owners construct these areas, do these spaces belong to the society for common utilities such as drainage, common plumbing, gas line conduct area, and parking? The builder has already constructed such areas, and I wish to file a complaint against them. They are not allowing the construction of a gas pipeline supply due to their previous construction. What steps should I take to proceed?

Differential parking fee from members and owners of flats 

I live in a society where the monthly cost for parking a car is different for different flat owners. The distinction in parking fee is made on the basis of ‘whether the owner had purchased the parking spot from the builder’. A bunch of people living in the building bought flats directly from the builder and also purchased a parking spot. Now, when we bought the house a few years back, the previous owner didn’t have a parking spot. Therefore, they are charging a premium parking rate which is 2500 per month as opposed to the others which are less than 150 per month. Interestingly there is no stilt/covered/enclosed parking spot and all are in the ‘common area’ itself. Can the society through their AGM/GM take such decisions and deploy differential pricing? If not, what precedence/by-law can be used to argue this point. 

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