Results for #mentions
Legal
#association#charging#maintenance#mentions#payment
I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would depend under which act is the association registered. Is it the co-operative societies act or the apartment ownership act. The provisions of such act would have to be read with the terms of the sale deed and anything contrary to the act, would negate the terms of the sale deed and could invite litigation.
Legal
#flat#mumbai#terrace#reside#society
A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the terrace area is not a common terrace and has no entrance except from within the flat, then the society will not be entitled to put up any tower on the terrace area. You can file a suit against the society for restraining them from tresspassing into your property and also for removal of the tower.
Regulations
#society#mumbai#mentions
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Answered on November 08, 2017
If the Plot is within 30mtrs from the Railway Boundary and is shown in the D.P.Remarks as affected by Railway Buffer then NOC is Mandatory.
