I will be ever grateful to you if you can mail me the full Judgement of Sri Sri Satyanarayan & others –Vs- S C Chunder [APD No. 294 of 1978] passed by Calcutta High Court..
Regards,
Sandip
Sir,
Kindly take me out the following mess. i am a 23 year old engineer . i completed my studies and came back a year ago , to be encountered by the problem.
“my father along with 7 other members had formed a housing cooperative society and applied for a land under hidco in west bengal. fortunately the land was allotted to us and we made the payment of timely installments.
now after 13 years when the price has increased a lot and my father has become ill the other 6 members want to take advantage and are forcing to sell the land in a price quoted by them.
as it is a 8 member cooperative and 6 are on one side , do i have any say. i am trying to persuade them to wait and sell at market price but they are brain washed by their main person who happens to be a lawyer and is making the maximum profit by eating into everybodys share.
The society is unregistered till date.
sir , please help otherwise another person will be a victim to being honest and not knowing the laws of the land
forever grateful
If the society is unregistered then how can it enter into any form of contract? It has been held time and again by several courts and confirmed by the Supreme Court that any agreement entered into by an unregistered society is a nullity. Anyway, your father need not give his permission if he does not want to. In the alternative he can file for injunction to prevent the society from alienating the land and seek interim relief of status quo. No one can force fradulent sales. You can also complain to deputy registrar, wb cooperative to look into the matter. Good luck.
A good summary of yhe WB THIKA episode.What still is the way out for land owners stuck with petrol pumps due to a lease done in 1960’s!
NIce article, Can You please share sample to reply of domestic violence case, there is 19 paragraf and only para 1 is true then all para is false I want to fight as PIP so please share me the reply of false domestic violce case
Ok. I will upload a reply soon.
Respected Sir,
Sub : Land purchase in 1997 and the property is related to Thika Tenency.
My father is not very educated person but he purchase a land in 1997 and till now he never capture the position because some people are disturbing and demanding give some share then we allow you to control.
All time these people are said regarding this property the Thika Tenency land is not for sale how you purchase this and a case file against this property and harse to my entire family and charge give 50% share in property otherwise not good for us.
My father is 60 years old and his dream is broken all time he face lot of problem regarding this property and every week go to court and return the same said petitioner are given new date.
I dont know we are wrong.
Sir, I realy request you to kindly advise a better option regarding this matter.
Please reply this we wait for your revert.
With Best Regards
Asghar Ali
Mobile No : 9007703073
Address : 83D/H/5, Belgachia Road Kolkata – 700 037 (W.B)
You can get back the consideration amount but if it is a thika land then it cannot be sold.
Dear Mr. Ciel,
My grandfather has rented out a 2 rooms kitchen and pirvy at ground floor on my house. Rent reciepts was given to him every month. Now he pays the the rent in the rent controller.Now grandfather has passed away along with grandmother. The tenent is alive. My dad and my unclez (Uncle has passed away) childeren are joint owners of the property. We are badly in need of the space rented out for our own living. The tenant denies to leave. We offered him to pay a decent amount to vacate but he still denies.
We have afamily agreement between my dad and uncle after my grandfatherz demise. But the document is not registered. This building is alloted to my dad.
The lawyers say my dad is not the legal owner hence he cannot file the eviction case as he will be challenged of not being the owner.
The lawyers say you can move a joint owners.
now can u let us what is the right way and wht kind of judgement can i except and within what time frame.
Cant i directly move to the supreme court as the law of this state doesnt seem to me right.
awaiting your feedback and suggestions.
regards
Ashutosh
Sorry for the late reply as this query had skipped my attention. Your father can definitely file for eviction and utilize the family agrrement to prove the collateral tenancy. Since the agreement is unregistered it cannot be utilized to prove ownership. But if it is stamped properly then I think it may be utilized to prove collateral circumstances/transactions. Do give a legal notice terminating the tenancy. Seek legal advice from senior lawyer for further guidance. Good luck.
Mr Ceil,
what is the legal provision of mercy death at present in India? Would appreciate if you could provide me the current legal status.
thanks
Aryan
I think as of date the Aruna Shaunbag judgment is binding and it states that passive euthanasia can be allowed under the given guidelines but active euthanasia is not allowed in India. The matter has been recently again referred to a Constituion Bench for clearer interpretation in Feb. 2014. So it remains to be seen how the law translates in the coming months.
As per my opinion I believe the whole concept of right to die with dignity is complicated and should be decided on a case to case basis. The initiative taken by Common Cause to bring about Living Wills to allow consent to euthanasia is laudable. But in the end how can one decide in advance the degree of vegetative state he would be in? I think death is natural but medicine would not have progressed if we brought premature ends. In the end life is a collective will that can best end by assesment/pre consent of self along with assesment of the situation by doctors and relatives for whom we have lived this far.
Dear Mr. Chenoy Ceil,
It was really wonderful going through your blog.
Would like to be in your friend list and exchange legal acumen.
It would be great if you could mail me at adv.ranchi@gmail.com
i am also an Advocate practising independently in Jharkhand High Court, Ranchi after doing my Law from Symbiosis Law College, Pune. Have also completed my LL.M. too.
Thank you so much for your kind words. Would definitely be in touch with you.
Mr Ceil,
We have a tenant in bowbazar kolkata who (expired before 20yrs) and used to live with his other village male members in the tenanted room. Currently the only succeror his son who (lives permanently in delhi) wants to transfer his fathers tenancy in his name and requesting us to allow the village members to stay as it is.
My question is that do i bound to transfer the tenancy and do the village members have got any right to stay in the room as they are living for long 20 yrs.
We have delayed to take step before due to our family disputes.
Just because they have been living for over 20 years does not necessarily give them adverse possession over such premises. However, if you want to evict them and do not want to create any further tenancy then you need to file for eviction. Depending on the nature of the premise, its location and rent, it has to be seen whether the persons living in such premises have turned into statutory tenants since you have not taken any action against them for the past 20 years. It has also to be seen whether West Bengal Premises Tenancy Act applies in your case or whether your premises are regulated by Transfer of Property Act. There are several parameters that has to be seen before deciding what steps need to be taken to evict the present tenants. However, it is clear that you are not bound to transfer the tenancy.
hello sir i wanted to know about quashing of fir containing the charges of 468,447,427 read with 34 IPC. is it necessary that the charge sheet should be submitted before applying for quashing of an FIR
Yes, quashing of fir even before filing of charge sheet is allowed. However, it depends entirely on the facts of the case, nature of allegations, investigation report and circumstances surrounding the FIR
In Ram Lal Yadav vs. State of U.P. [1989 CriLJ 1013] it has been held that FIR can be quashed under 482:
“(i) When the first information report, even if accepted as true, discloses no reasonable suspicion of the commission of a cognizable offence:
(ii) when the materials subsequently collected in the course of an investigation further disclose no such cognizable offence at all;
(iii) When the continuation of such investigation would amount to an abuse of power by the police thus necessitating interference in the ends of justice; and
(iv) that even if the first information report or its subsequent investigation purports to raise a suspicion of a cognizable offence, the High Court can still quash if it is convinced that the power of investigation has been exercised mala fide.”
Further, in Ram Shankar Pandey vs. U.P. Police [1995 AIHC 2926], it has been held that:
“The High Court in exceptional circumstance has power under Section 482, Cr.P.C. to quash the police investigation and/or quash the First Information Report and/or stay the arrest of the applicant and the High Court can interfere at with the investigation under Section 482, Cr.P.C. if it finds that the First Information Report is false and based on mala fide allegations.”
I stay in a housing society of West Bengal, where a Monthly Maintenance Charge is collected every month (Amount is calculated Floor Area wise) and some times Donations are also collected equally from all the flat owners and the amount is deposited in a different bank account with a similar kind of name only a word is added ”Fund” at the end of the associations name.
My Queries are :
1. Why maintenance Charge is calculated on the floor area, whereas the services are same for all the flat owners. In that case bigger the floor area, bigger will be the loss.
2. Can funds raised, be deposited in another Bank account with a slight change in the account name then the main account.
3. Everyday there is a chaos for Car Parking space, but the association is least interested in it, in spite of collecting an amount every month from the Car Owners in the head of “CAR PASS” not “CAR PARKING”.
4. The present association has won in an election where not even 1/3rd of the Housing Society citizens participated in the Vote in total, i.e. Total flat owners are 1800 but participation in the vote process was about 425-450
5. There is a transparency issue as well, it is very hard for flat owner to know any fact or figure.
6. Managers also have their own running business in the premises, since they are also in the committee they always have the advantage of their position both ways.
7. Same set of people contest elections every year, as a result the outcome of the election also remains the same.
Yes, it depends on the agreement. Maintenance charges generally are decided upon based on the floor area. You can complain to the society and object to certain observations but the voting majority depends on the number of members present and not on the total head count. You can also seek intervention of the Registrar.
dear sir,
my father is the member of a co-operative society which comprises of 9 members and of all 6 are very strongly on one side while 2 members from the remaining members are feather-hearted and hardly have anything to say while a meeting take place.everytime, the head of the major party takes up decision to which they agree even if the matter of discussion is very unlawful.only my father protests and gets humiliated.he is very much under mental and physical pressure.recently the group had decided to cover up the roof top and collecting from us huge money (more then thirty thousand) under the guise of roof treatment.this matter has been opposed by my father as they have not got any permission from the calcutta corporation and they are trying to pursue it in some other illegal means.the head of the majority group has a heavy interest as he is eating up from every one share.it is becoming very difficult for us to cope up with them and my father being a senior citizen has made u more worried .their unlawful activities are increasing day by day.we are really in a disgraceful situation.
please help how to make their activities known to the right place/
regards
rajasree roy
You can complain to the Deputy Registrar, W.B. Co-operative informing about the present situation and seek specific relief.
thank u sir for ur reply
My mother and self are the joint owner of Indian railway Welfare Organization built flat at Rajarhat.
The housing society is yet to be registered.
A list of Ad-Hoc members have been made to help framing the bye-laws and get the Association registered.
the ad-hoc allotee’s welfare association has passed a notice that “flats are to be given on rent only to a family and not to any individual/group of people(either male or female)
My question is
1. can ad-hoc association pass bye laws?
2. can rental be refused to “individuals/ group of individuals, by the association?
thanks you
Yes ad-hoc members can formulate the bye-laws. Further, every society is free to formulate their own bye-laws as long as such laws do not go against the WBCS Act. Under the Act flats can be given out on rent to members other than family with permission of the society. A society may impose restrictions on such arrangements and seek details of the tenants and even charge 10% of the monthly rent from the tenants.
However, if you are willing to follow such rules then you may always object to such bye-laws of the society that do not allow you to rent out your flat to non-family members.
I wish to further get clarification on:
1. Can any regulation/ by-laws which infringes on the fundamental rights of an individual be passed by the housing society ? since every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status & further since housing society regulations don’t have the same stature as that of a law?
2. What is mandatory? the housing society to issue no-objection certificates or police verification?
3. the housing society can charge 10 % extra of the RENT or Maintenance charges in case of tenants?
regards
Every law, act or regulation is amenable to challenge if it infringes upon the fundamental rights but the purpose of the Act, its objective and intention would also guide the validity of the provisions of the act. Secondly, the housing society can allow tenants provided they meet the criteria. Why did you mention police verification? Thirdly, the housing society can charge 10% extra from the tenant on the amount of rent.
Dear Sir,
We shall be extremely obliged if you could please guide us reg :
1. Whether we being a Public Charitable Trust can assign tenancy of one of our landed property lying unused at a remote village ?
2. At the same time do we need to take the permission of the court regarding giving trust property on tenancy ?
As we know that to Sell Or Lease the Trust Property we need to obtain permission of the Court.
We hope you will extend your suggestion on priority.
Sir,
I am the owner of 58/h/10 & 10/1
New address is 58U & 58V
Kailash bose street
Kolkata- 700006
Sir please advice me some plan.
Aami Bari ta ke puro bhenge notun kore ban ate chai.
How can is possible
My cell number is 9836366436
If you want to reconstruct your building then you need to apply to the Kolkata Municipality for necessary permission with regard to approval of the building plan under KMC Building Rules, 2009.
• To erect a new Building .
• For making addition and alteration of an existing Building.
• To re-erect any Building where the structure had been pulled down,burnt or destroyed .
• For change of use of the existing building. In no case garage would be converted.
• To demolish any part of the building in case of heritage building. In such cases,permission from Heritage Conservation committee is required.
• Reconstruction of the existing roof.
• For any structural change.
• For change or closing of any means of access ingress or egress.
• To cover any space between walls or buildings to the extent of the structure formed by the roofing or covering of such space.
• To remove or reconstruct the principal staircase or to alter its position.
• For installation of a new lift.
• To close permanently any door or window in any external wall.
Dear Sir,
We were looking to buy a flat in central Calcutta, and have shortlisted one also. The said plot is a thika tenency property. Can a thika tenency property be sold by a promoter.
Under section 5, sub-section (3) of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 provides that the interest of the thika tenant and tenants of other lands holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-sharers’ interest or to the prospective heirs subject to the provision of sub-section (1) of section 7 of the said Act. The said provision, thus, makes it clear that the transfer in favour of a stranger was prohibited under the said Act.
Land belongs to state, only structure belongs to tenant. Further, letting out structures is permissible and that too it with prior permission of the Controller u/s 6(1)/5(4) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. The lessee may also construct structures on the said land with necessary permission from the concerned authorities.
Thika tenant has no transferable title as prohibited u/s 6(2) of the Act, 2001 read with Sec.4 of the WBLR Act as amended in 2010. Only the structure can be let out to any outsider, and not leasing out structures with Thika land, is permissible, and that too, the structure can be let out with prior permission of the Controller, of course, u/s 5(4) & 6(1) of the Act, 2001.
Hence, if the necessary permission has been granted by the Controller, then the flat can be bought. You will only have right upon the structure with no land rights. Check with the Controller before buying any property.
Dear Sir,
We are publishing house, and are coming up with a monthly magazine focused on investments, be it in real estate, commodities, equitities etc. Apart from that we are also planning to have a legal forum content, where legal matters can be highlighted. We have found your articles interesting, and assume that such articles can be of interest to public in large. In case if you are interested to get the same published in the print media, on a regular basis please do get in touch with me.
Regards,
Prabhakar Parekh
Dear Prabhakar,
Can you please mail me the details to chenoyceil@gmail.com
Thank you.
Even I m into problem n reading the whole complaint it seems it my story what actually happened to me
I m unknown to the system doesn’t know how to go through system . m also thrown out of the house by my husband with my 2yr old son n its been a month got no call from them n they also ask for dowry as they r never satisfied plz help me. Even they degrades me n suppress me towards suicide.
Regards
Shagun kohli
You should take immediate action. Do not feel helpless. You may mail details to chenoyceil@gmail.com
Joint Holder of Property & Membership
Greetings!
Me and my mother both are joint deed holder of our current residence, a flat within a co-operative housing society in Kolkata. We both are also joint holder of the co-operative housing society membership certificate. Under the circumstances of family expansion we need to have some additional room-space for our daily life; and therefore trying our best to buy another similar flat within the same co-operative housing society in my name (sole ownership). The co-operative housing society office doubts my credibility of getting the rights to buy another flat within the same co-operative housing society as-well-as they are in great confusion of the steps that needs to be performed by me to acquire the rights and therefore the other target flat. On the other hand, the seller (owner of the target flat that I am suppose to buy) is in great hurry to sale out their property as they need the money for their own personal reason. Within our co-operative housing society, the flat I am targeting to buy belongs to the cheapest category within the co-operative housing society and it touches my maximum affordability limit too. Thus, myself and on behalf of my family-members – we are in great expectation to complete this deal at the earliest so that we don’t miss the chance of getting this flat.
My humble request to you is to please guide me the steps in sequence to meet our family target – so that neither the co-operative housing society office, neither any body else can delay the process and we miss the chance to buy the target-flat.
Regards –
Hello, you should read my previous comments. Since you and your mother are owner of the property, both of you cannot hold another property in the same society in your name. You can get the property in any of your relatives name. However, if the society is willing and other members do not object then you can give up joint membership in the first flat and buy a second flat showing you are having a different family. In the end, you need to submit your details, affidavit and other documents to buy the new flat. Everything can be done if the society is willing.
Respected sir
Pls. Guide and help and do give suggestions.
In redevelopment of co operative housing society most of the lawyers says that if society has 70% consent of the members than minority members can’t get injuction order or win the case.
Even if builder or developer has done fraud cheating and hand and gloves with the managing committee. All the major theft of fungible FSI benefits to existing members. No transparency.
Black mailing and so on.
We want to know that is that right ?
Anjudgementrity member wants to challenge than what kind of proof and what kind of old or recent judgement is available for the same.
Or what we can prove in court of law for minority members.
Do reply.
Best regards
I have already mailed reply.
Sir, Date: 12.10.2014
I own an apartment in a Housing complex in Newtown, Rajarhat.
The Housing complex was constructed by West Bengal Housing Board and sold to the public through lottery.
Before handing over possession of the flats to the successful buyers, the Housing Board insisted to form a registered Co-op Society or Owners Association for taking over the responsibility of maintenance and management of common areas and facilities of the Housing complex besides to act as a confirming party for every subsequent transfer of the respective flats in future. Further, they imposed it mandatory for every Buyer to take membership of Co-op Society/ Association before execution of their respective sale Deed.
As desired by the Housing Board, the successful buyers of our Housing complex formed a Co-op Society in the name of Eastern Grove Housing Co-op Society Ltd. and registered the same under the W.B Co-op Society Act.1983 and subsequently took over the charge of the said responsibility through a registered Deed signed in between West Bengal Housing Board and our Co-op Society.
The above noted responsibility was very specific and has been mentioned in the standard Sale Deed signed and executed in between the Buyer and W.B. Housing Board and the Co-op Society as a confirming party.
Considering the above facts please let me know, do we enjoy absolute power of a Co-op Housing Society as we have registered our Society under the W.B Co-op Society Act.1983 in spite of that, we had nothing to do with the construction and sale/ allotment of the flats among the buyers/members, or our power will be very much restricted within the periphery of maintenance and management of the common area only as has been mentioned in the standard Sale Deed of the buyer and the Agreement signed and registered in between our Co-op Society and West Bengal Housing Board at the time of handing over charge of maintenance and management of the common areas of our Housing Complex.
We are also taking double maintenance charges from the members who has rented their respective flats. Please guide whether the matter is under our jurisdiction as we have been registered Under the West Bengal Coop Society Act.1983.
Your necessary guidance for smooth running of our Housing Society is solicited.
Regards
R.S.DAS
You are an absolute Co-Operative society if you are registered. There are several forms of housing society and it is not mandatory to do construction.
If flats are rented take 10% tenancy charges over and above maintenance. Ask for tenancy agreement and application from owner seeking allowance to keep tenants. 10% monthly tenancy charge to be valued according to the rent amount.
sir, I want to register a Housing residential society in Siliguri. Can u help me out to do so.
CA Ankit – 98326 61665
I have emailed you.
Dear Sir,
I shall be obliged if you give your valued legal advice on the following:
I own a flat in New Town, Kolkata which was handed over by the developer company 5 years back. According to terms and condition of possession the developer is to take all necessary steps including legal ones to form and register the flat owner association under the W B Apartment ownership act 1972. Accordingly all the owners have given the company the power of attorney paying due fees for the service the company will render for formation and registration of flat owners asson. Earlier, the company has also taken interest free amount of Rs18000 from each of 232 flat owners in the complex to form a maintenance corpus . It was in the terms and conditions that the company will manage the maintenance of the complex till the association comes into force and the flat owners shall be paying the maintenance charge as fixed by the company. They revised the maintenance a couple of times and continuing maintenance by charging high maintenance fees till now even after our continuous pressure on them to form and register the asson as per the terms and condition. The company is not also giving the detailed accounts of maintenance to the flat owners.
Mean while on 28th Nov,2013 an order was issued by the Kolkata Highcourt (Dr Debdas Banerjee & Ors vs The State of West Bengal & Ors) to held up formation of flat owners asson till such amendment/s is/are made in the West Bengal Apartment Ownership Act 1972 by the Govt as directed in the order.
The company now says we may take over the maintenance.
We are willing to take over full charge.
Under the scenario what is the legal way of taking over the maintenance of complex by us. Can we legally be entitled also to take over the corpus amount?
Can we form a flat owners association without going for registration for the time being and legally held the corpus and collect maintenance fees.
Or can we form an association under W B Societies Registration Act, 1961 for legally/validly looking after welfare of flat owners of the complex?
How can we compel the company to submit audited accounts for the expenditures incurred in maintenance they managed till now?
Please reply ASAP.
Thanks
With Kind Regards
Ashutosh Chakraverty
All owners can form apartment ownership association if there is consent from all members. You can then take over the corpus as well.
Hello Mr Chenoy ,
Looking for advice w.r.t WB Co-operative Society Rental laws & regulations under HIDCO , New Town- Kolkata. Could you please share you phone number and suitable time to meet @ Kolkata.
With Regards ,
Rajiv
When can we deposit share money as suspense a/c,and any other cash deposit need before registration of cooperative housing society?
Dear Sir,
I am living in a Society where few People have form a Group & without any registration conducts an election & become President, Secretary & treasurer. The Society is not Registered with any govt dept & maintenance is also with Promoter.
Is there any way to stop this misguidance of the above group in Legal Way.
Please Guide.
Was there any agreement with promoter to register society under Apartment Ownership Act or WBCS Act? Consult with other members and you can register a society under WBCS or Apartment Ownership Act.
Sir namaskar .
Ami valo English parina tai bangla te likchi please kosto Kore reply deben . Sir amader jato jami ache sob debottar r sob amar dadur name kintu Dadu Mara gachen onek bochor tar por oi Jami amar Babar name o transfer hoyni ekhn Ami oi thakur (god) er pujo korchi kintu oi Jami amar name na thakai Ami chas korte parchina .. Ami er bapera BLR er sathe kotha bolechi uni bolechen amake ekta uttaradhikary certificate cheyeche ponchayet prodhan er kach theke likhe to prodhan a make dichena …ei obasthai ki korbo daya Kore jadi boleden — at ei Jami k pabe r karu adhikar ache kina daya Kore bole diben please sir ; sir ektu kos to Kore Bengali pore ans deben please
Namaskar,
Apnanr subidhar jonne bangale likhchi. Uttaradhikary certificate (succession certificate) Panchayat Pradhan dite pare na. Ota apnake district court theke nite hobe. Oi certificate apnar babar aar apnar dadur sathe connection dekhate hobe. Oi uttaradhikary certificate nie apanake BLR er sathe dekha korte hobe naam transfer/mutation er jonno.
Jokhon application korben certificate er jonno tokhon babar aar dadur death certificate lagbe. Na thakle age ogulo jogar korun. Apnake application e etao dekhate hobe je aar ke ke ache apnader family te. Apnake affidavit file korte hobe jate apnake janate hobe je kon kon jomir jonno apni apply korchen, voter card, ration card baki jekono id xerox kore deben application er sathe. Jei jei jomi apni claim korchen segulor kichu documents thakle oguloro xerox deben.
Dear Advocate Chenoy Ceil, Greetings !!! myself, Saikat Kr. Chatterjee, a resident of Flat no. 05/04, Pets Housing Co-operative Society, Abanindra Bithi, City Centre, Durgapur-713216, Burdwan, West Bengal, shortly I shall write to you by mail along with scanned documents about my present problems in the society, please check and reply, my mobile no. 9832164275. Thanks & best regards, Saikat.
Respected Sir,
I want to consult you on a case , if you would kindly give me a appointment stating where to visit you .
Hi, I’m sorry but I have moved out of India recently. Kindly consult local lawyer.
Can you Please provide me draft application format u/s 156(3) of Cr.P.C for charges u/s 406/420/120(B) of IPC.
Dear Mr. Ceil,
Sir, if my hypothecated goods with bank A is kept in godown under my (borrowers) lock and key & if another bank B illegally/erroneously takes possesssion of my such godown considering it as its mortagaged property by mistake & immediately i intimate the bank A that the hypothecated goods has been gone alongwith the godown erroneously to B & thus take steps to safeguard your hypothecated property at your end. even after my such request and reminders , if the bank A does not contact the errant bank B & subsequently if ut comes out that the goods has been misappropriated by manager of bank B, in such case can the bank A take a judgement debt against borrower inspite of its contributory negligence and inaction? please advise Sir, Warm Regards, pusu
Dear sir
we are the shop owner of siliguri golden plaza cultural association, our building was build in 2002 and handover to society on 2004 by developer by selling all shop to individual ,we have register our society in year 2007 but this thing came to our notice there is a tower in bldg roof of indus tower rent 25000 per month collected by deveploer and also there is a generator set in common space of bldg of indus bank which rent 27600 per month also collected by devepoler , and again one generator of amrit feed in our common space but they have registry deed of same but in my opinion common space cannot be sold
the roof right will be of developer or society ? this rent must come to society from the date of handover or not ? common space can be sell by developer ,
what are the section in which we can file case agaisnt this matter should we go to court or consumer court
Hi Mr. Ceil
My father purchased a piece land from Mr. Chandranath Chatterjee of Durgapur way back in 30 years. Thereafter we shifted from Durgapur to Kolkata 25 years back. Original Registered Deed are with us. Few years back I paid tax also against this land. Now the place is well developed and named Dwijendra Nagar just beside G.T. Road. The owners are telling there is no land as such. Mr. Chatterjee is also expired. Tell me any chance to get back my land & by what process. Pl advice
Respected Sir,
Kindly provide with your valuable suggestions on the under noted issues, relating to Jharkhand State.
a).At our Housing Society ( not yet registered ) Complex, the Municipal Corporation , Ranchi is not entertain g our application for Municipal Water connection in the name of the Society, on the plea that the Jharkhand High has in their interim order directed not to provide connections to such Apartments who don’t have the Completion Certificate. The Builder says that they have already submitted petition to the Municipal Corporation and approval is waited. Please suggest the remedy.
b). While fixing the Corporation Tax, based on the Municipal Estimated Value, 100 sft has been added to the Super Build Up Area of the Flat, against my initial protest in writing for Car Parking, whereas no where in the Deed it was ever mentioned. This peculiar practice is being followed at this Center and they are not agreeable for any departure, rather asking me to go for an appeal to the Municipal Commissioner’s Court. Since the 30 days stipulation to file an appeal is fast approaching
I request your considered advice at an early date and oblige.
Dear Mr Chenoy Ceil
It is really nice to find you promptly responding to your readers with proper guidance.
I request your guidance too.
Got an offer from a member of LIG Cooperative Hsng society under HIDCO to transfer his share/land. To keep clear of the income threshold, I wish to buy it in the name of my adolescent child. Can this be possible / acceptable by law, or I can act/sign as guardian in the entire agreement, till his attaining adulthood. Is there any risk of litigation post my making payments ?
Also let me know the safest Metrics of payment of premium on transfer without entailing risk on my hard earned money, as the sellers mostly insist on cash transaction.
Thanks.
can i get your cell no
enjoy your perceptive blog
we the plaintiff asked lower court for injunction against developer to stop developer from entering our said property since development agreement was cancelled by plaintiff due to non-payment of full consideration
developer filed 15 separate miscellaneous applications serially over 5 years effectively stopping the main case to come up for hearing
my lawyer says that we cannot stop developer from continuing to file such delaying applications
what is your analysis?
Sir, A thika tenant recordee transferred his holding comprised in a building alongwith a small portion of vacant land with few sub-tenants thereupon, to an unsuspecting buyer through conveyance of a Regd. Transfer Deed! In a bid to record his name as a current transferee after being seized & possessed of the piece & parcel conveyed to him, he was threatened by the concerned Revenue Officer of Thika Tenancy Cell of relevant jurisdiction of eviction! Presumably, amended provisions of sec. 7 of W.B. Thika(Acquisition & Regulation) Act, 1981, might be a premises of such a contention! Declaration of the registered document(i.e. the transfer by the erstwhile Thika recordee) as null & void should ordinarily be the jurisdiction of an appropriate Civil Court, unless any specific statute confers the same on the Thika Controller! Sec.13 of the said Act, too, cannot be an alternative remedy to the instant transferee in so far as his right & title is concerned, as no statute declaring the jurisdiction of any Thika Official in determining the said issue is ostensibly recognized by the provisions of the Act mentioned, as I am given to understand! Under the circumstances, what remedy can be availed by the instant Transferee, to safeguard his interests after purchasing the said Thika property, preventing him from spending sleepless nights! Your answer would definitely enlighten me to dictate the transferee well-known to me regarding his next course of action! Tnanking you, Anupam Mitra
Sir how can i remove a tenant from a thika tenant land
Sir. I have bought a flat n Bhowanipur, Kolkata and is registered in my and my wife’s name. My wife’s name is first in the registered deed and then mine. The promoter in the registered deed has incorporated that only the first name which appears in the deed is entitled to become a member of the holding co which the promoter is yet to form and all meetings, etc is to be attended by the first holder only. Is this legal. I being the second, can I ask the promoter that I will be attending the meetings, etc in place of my wife since I am also an owner, the deed being registered in two names. Can the promoter raise objection to this. If yes, then what is the way out. Kindly reply.
I am planning to purchase a property in the New Town area of Kolkata. The flat comes under a cooperative housing society. CC of the building has been applied a few days back and NKDA has not provided CC till date. The owner of the flat is saying that because completion certificate of the building has just been applied it will take 3-4 months to come. So right now by paying him, I will get only the membership of the coperative housing society and registry will be done only after CC has been obtained. Pls advise if I should go ahead with the purchase.
Respected Sir, I am a member of a housing co-operative Society at kolkata, on lease hold land on 99 years lease,land was purchased and alloted by deparment of land and land revenue, Govt of WB. Sir, I humble to know, may I sale or transfer my alloted plot as per provision lead by wbcs acts and rules ,2006. I shall be reman grateful to u if u kind enough to give me valuable information about the transfer the plot and membership interst at lease hold land under the co-operative society.
I need your advice in a legal matter. I am a owner of a flat in cooperative society and i have selled the flat but the person to whom i have selled is not getting membership from the society as the society chairman is saying that i have selled my flat without having in prior membership and how can i have a flat in the same society where my husband is having flat. I had no idea of this rule and laws as i am a house wife.
It will be very kind of you if u can reply to my problem as how can i go about this case.
I have a flat in Kalyani (West Bengal) under Pfizer Co-operative Employees Housing Society Ltd. Now I want to transfer my flat means want to withdraw membership (dispose off the flat) from Co-operative.
Co-operative is asking for 10% money for transfer of membership from sale value.
Sir could you please send me the PDF copy of
ORDER NO. 2522 DATED 23.06.2003 FOR PAYMENT OF 0.5% OF SALE VALUE OF FLAT /
APARTMENT TO A HOUSING CO-OPERATIVE AS TRANSFER FEE/DONATION then
I can show it to the Secretary of Chairman of the Pfizer Co-operative housing Society.
Otherwise being an innocent but I will be ruined by my Co-operative Society Kalyani, Nadia District. (WEST BENGAL)
79 replies on “Contact”
Respected Sir,
I will be ever grateful to you if you can mail me the full Judgement of Sri Sri Satyanarayan & others –Vs- S C Chunder [APD No. 294 of 1978] passed by Calcutta High Court..
Regards,
Sandip
Sir,
Kindly take me out the following mess. i am a 23 year old engineer . i completed my studies and came back a year ago , to be encountered by the problem.
“my father along with 7 other members had formed a housing cooperative society and applied for a land under hidco in west bengal. fortunately the land was allotted to us and we made the payment of timely installments.
now after 13 years when the price has increased a lot and my father has become ill the other 6 members want to take advantage and are forcing to sell the land in a price quoted by them.
as it is a 8 member cooperative and 6 are on one side , do i have any say. i am trying to persuade them to wait and sell at market price but they are brain washed by their main person who happens to be a lawyer and is making the maximum profit by eating into everybodys share.
The society is unregistered till date.
sir , please help otherwise another person will be a victim to being honest and not knowing the laws of the land
forever grateful
If the society is unregistered then how can it enter into any form of contract? It has been held time and again by several courts and confirmed by the Supreme Court that any agreement entered into by an unregistered society is a nullity. Anyway, your father need not give his permission if he does not want to. In the alternative he can file for injunction to prevent the society from alienating the land and seek interim relief of status quo. No one can force fradulent sales. You can also complain to deputy registrar, wb cooperative to look into the matter. Good luck.
A good summary of yhe WB THIKA episode.What still is the way out for land owners stuck with petrol pumps due to a lease done in 1960’s!
NIce article, Can You please share sample to reply of domestic violence case, there is 19 paragraf and only para 1 is true then all para is false I want to fight as PIP so please share me the reply of false domestic violce case
Ok. I will upload a reply soon.
Respected Sir,
Sub : Land purchase in 1997 and the property is related to Thika Tenency.
My father is not very educated person but he purchase a land in 1997 and till now he never capture the position because some people are disturbing and demanding give some share then we allow you to control.
All time these people are said regarding this property the Thika Tenency land is not for sale how you purchase this and a case file against this property and harse to my entire family and charge give 50% share in property otherwise not good for us.
My father is 60 years old and his dream is broken all time he face lot of problem regarding this property and every week go to court and return the same said petitioner are given new date.
I dont know we are wrong.
Sir, I realy request you to kindly advise a better option regarding this matter.
Please reply this we wait for your revert.
With Best Regards
Asghar Ali
Mobile No : 9007703073
Address : 83D/H/5, Belgachia Road Kolkata – 700 037 (W.B)
You can get back the consideration amount but if it is a thika land then it cannot be sold.
Dear Mr. Ciel,
My grandfather has rented out a 2 rooms kitchen and pirvy at ground floor on my house. Rent reciepts was given to him every month. Now he pays the the rent in the rent controller.Now grandfather has passed away along with grandmother. The tenent is alive. My dad and my unclez (Uncle has passed away) childeren are joint owners of the property. We are badly in need of the space rented out for our own living. The tenant denies to leave. We offered him to pay a decent amount to vacate but he still denies.
We have afamily agreement between my dad and uncle after my grandfatherz demise. But the document is not registered. This building is alloted to my dad.
The lawyers say my dad is not the legal owner hence he cannot file the eviction case as he will be challenged of not being the owner.
The lawyers say you can move a joint owners.
now can u let us what is the right way and wht kind of judgement can i except and within what time frame.
Cant i directly move to the supreme court as the law of this state doesnt seem to me right.
awaiting your feedback and suggestions.
regards
Ashutosh
Sorry for the late reply as this query had skipped my attention. Your father can definitely file for eviction and utilize the family agrrement to prove the collateral tenancy. Since the agreement is unregistered it cannot be utilized to prove ownership. But if it is stamped properly then I think it may be utilized to prove collateral circumstances/transactions. Do give a legal notice terminating the tenancy. Seek legal advice from senior lawyer for further guidance. Good luck.
Mr Ceil,
what is the legal provision of mercy death at present in India? Would appreciate if you could provide me the current legal status.
thanks
Aryan
I think as of date the Aruna Shaunbag judgment is binding and it states that passive euthanasia can be allowed under the given guidelines but active euthanasia is not allowed in India. The matter has been recently again referred to a Constituion Bench for clearer interpretation in Feb. 2014. So it remains to be seen how the law translates in the coming months.
As per my opinion I believe the whole concept of right to die with dignity is complicated and should be decided on a case to case basis. The initiative taken by Common Cause to bring about Living Wills to allow consent to euthanasia is laudable. But in the end how can one decide in advance the degree of vegetative state he would be in? I think death is natural but medicine would not have progressed if we brought premature ends. In the end life is a collective will that can best end by assesment/pre consent of self along with assesment of the situation by doctors and relatives for whom we have lived this far.
Dear Mr. Chenoy Ceil,
It was really wonderful going through your blog.
Would like to be in your friend list and exchange legal acumen.
It would be great if you could mail me at
adv.ranchi@gmail.com
i am also an Advocate practising independently in Jharkhand High Court, Ranchi after doing my Law from Symbiosis Law College, Pune. Have also completed my LL.M. too.
Thank you so much for your kind words. Would definitely be in touch with you.
Mr Ceil,
We have a tenant in bowbazar kolkata who (expired before 20yrs) and used to live with his other village male members in the tenanted room. Currently the only succeror his son who (lives permanently in delhi) wants to transfer his fathers tenancy in his name and requesting us to allow the village members to stay as it is.
My question is that do i bound to transfer the tenancy and do the village members have got any right to stay in the room as they are living for long 20 yrs.
We have delayed to take step before due to our family disputes.
Just because they have been living for over 20 years does not necessarily give them adverse possession over such premises. However, if you want to evict them and do not want to create any further tenancy then you need to file for eviction. Depending on the nature of the premise, its location and rent, it has to be seen whether the persons living in such premises have turned into statutory tenants since you have not taken any action against them for the past 20 years. It has also to be seen whether West Bengal Premises Tenancy Act applies in your case or whether your premises are regulated by Transfer of Property Act. There are several parameters that has to be seen before deciding what steps need to be taken to evict the present tenants. However, it is clear that you are not bound to transfer the tenancy.
hello sir i wanted to know about quashing of fir containing the charges of 468,447,427 read with 34 IPC. is it necessary that the charge sheet should be submitted before applying for quashing of an FIR
Yes, quashing of fir even before filing of charge sheet is allowed. However, it depends entirely on the facts of the case, nature of allegations, investigation report and circumstances surrounding the FIR
In Ram Lal Yadav vs. State of U.P. [1989 CriLJ 1013] it has been held that FIR can be quashed under 482:
“(i) When the first information report, even if accepted as true, discloses no reasonable suspicion of the commission of a cognizable offence:
(ii) when the materials subsequently collected in the course of an investigation further disclose no such cognizable offence at all;
(iii) When the continuation of such investigation would amount to an abuse of power by the police thus necessitating interference in the ends of justice; and
(iv) that even if the first information report or its subsequent investigation purports to raise a suspicion of a cognizable offence, the High Court can still quash if it is convinced that the power of investigation has been exercised mala fide.”
Further, in Ram Shankar Pandey vs. U.P. Police [1995 AIHC 2926], it has been held that:
“The High Court in exceptional circumstance has power under Section 482, Cr.P.C. to quash the police investigation and/or quash the First Information Report and/or stay the arrest of the applicant and the High Court can interfere at with the investigation under Section 482, Cr.P.C. if it finds that the First Information Report is false and based on mala fide allegations.”
I stay in a housing society of West Bengal, where a Monthly Maintenance Charge is collected every month (Amount is calculated Floor Area wise) and some times Donations are also collected equally from all the flat owners and the amount is deposited in a different bank account with a similar kind of name only a word is added ”Fund” at the end of the associations name.
My Queries are :
1. Why maintenance Charge is calculated on the floor area, whereas the services are same for all the flat owners. In that case bigger the floor area, bigger will be the loss.
2. Can funds raised, be deposited in another Bank account with a slight change in the account name then the main account.
3. Everyday there is a chaos for Car Parking space, but the association is least interested in it, in spite of collecting an amount every month from the Car Owners in the head of “CAR PASS” not “CAR PARKING”.
4. The present association has won in an election where not even 1/3rd of the Housing Society citizens participated in the Vote in total, i.e. Total flat owners are 1800 but participation in the vote process was about 425-450
5. There is a transparency issue as well, it is very hard for flat owner to know any fact or figure.
6. Managers also have their own running business in the premises, since they are also in the committee they always have the advantage of their position both ways.
7. Same set of people contest elections every year, as a result the outcome of the election also remains the same.
Yes, it depends on the agreement. Maintenance charges generally are decided upon based on the floor area. You can complain to the society and object to certain observations but the voting majority depends on the number of members present and not on the total head count. You can also seek intervention of the Registrar.
dear sir,
my father is the member of a co-operative society which comprises of 9 members and of all 6 are very strongly on one side while 2 members from the remaining members are feather-hearted and hardly have anything to say while a meeting take place.everytime, the head of the major party takes up decision to which they agree even if the matter of discussion is very unlawful.only my father protests and gets humiliated.he is very much under mental and physical pressure.recently the group had decided to cover up the roof top and collecting from us huge money (more then thirty thousand) under the guise of roof treatment.this matter has been opposed by my father as they have not got any permission from the calcutta corporation and they are trying to pursue it in some other illegal means.the head of the majority group has a heavy interest as he is eating up from every one share.it is becoming very difficult for us to cope up with them and my father being a senior citizen has made u more worried .their unlawful activities are increasing day by day.we are really in a disgraceful situation.
please help how to make their activities known to the right place/
regards
rajasree roy
You can complain to the Deputy Registrar, W.B. Co-operative informing about the present situation and seek specific relief.
thank u sir for ur reply
My mother and self are the joint owner of Indian railway Welfare Organization built flat at Rajarhat.
The housing society is yet to be registered.
A list of Ad-Hoc members have been made to help framing the bye-laws and get the Association registered.
the ad-hoc allotee’s welfare association has passed a notice that “flats are to be given on rent only to a family and not to any individual/group of people(either male or female)
My question is
1. can ad-hoc association pass bye laws?
2. can rental be refused to “individuals/ group of individuals, by the association?
thanks you
Yes ad-hoc members can formulate the bye-laws. Further, every society is free to formulate their own bye-laws as long as such laws do not go against the WBCS Act. Under the Act flats can be given out on rent to members other than family with permission of the society. A society may impose restrictions on such arrangements and seek details of the tenants and even charge 10% of the monthly rent from the tenants.
However, if you are willing to follow such rules then you may always object to such bye-laws of the society that do not allow you to rent out your flat to non-family members.
I wish to further get clarification on:
1. Can any regulation/ by-laws which infringes on the fundamental rights of an individual be passed by the housing society ? since every Indian citizen has the right to reside anywhere in the country and discrimination is not allowed on the basis of religion, caste, sex, eating habits or marital status & further since housing society regulations don’t have the same stature as that of a law?
2. What is mandatory? the housing society to issue no-objection certificates or police verification?
3. the housing society can charge 10 % extra of the RENT or Maintenance charges in case of tenants?
regards
Every law, act or regulation is amenable to challenge if it infringes upon the fundamental rights but the purpose of the Act, its objective and intention would also guide the validity of the provisions of the act. Secondly, the housing society can allow tenants provided they meet the criteria. Why did you mention police verification? Thirdly, the housing society can charge 10% extra from the tenant on the amount of rent.
Dear Sir,
We shall be extremely obliged if you could please guide us reg :
1. Whether we being a Public Charitable Trust can assign tenancy of one of our landed property lying unused at a remote village ?
2. At the same time do we need to take the permission of the court regarding giving trust property on tenancy ?
As we know that to Sell Or Lease the Trust Property we need to obtain permission of the Court.
We hope you will extend your suggestion on priority.
High Regards
Trustee IDF
Hello,
I have already answered your queries, for further details check here: http://advocatechenoyceil.wordpress.com/2014/06/28/how-to-lease-public-charitable-trust-property-in-west-bengal/
Sir,
I am the owner of 58/h/10 & 10/1
New address is 58U & 58V
Kailash bose street
Kolkata- 700006
Sir please advice me some plan.
Aami Bari ta ke puro bhenge notun kore ban ate chai.
How can is possible
My cell number is 9836366436
If you want to reconstruct your building then you need to apply to the Kolkata Municipality for necessary permission with regard to approval of the building plan under KMC Building Rules, 2009.
This is the checklist for approval of building sanction plan https://www.kmcgov.in/KMCPortal/downloads/ChkLst.pdf
This is the schedule of fees: https://www.kmcgov.in/KMCPortal/jsp/BuildingDeptFees.jsp
Works for which Permission is required
• To erect a new Building .
• For making addition and alteration of an existing Building.
• To re-erect any Building where the structure had been pulled down,burnt or destroyed .
• For change of use of the existing building. In no case garage would be converted.
• To demolish any part of the building in case of heritage building. In such cases,permission from Heritage Conservation committee is required.
• Reconstruction of the existing roof.
• For any structural change.
• For change or closing of any means of access ingress or egress.
• To cover any space between walls or buildings to the extent of the structure formed by the roofing or covering of such space.
• To remove or reconstruct the principal staircase or to alter its position.
• For installation of a new lift.
• To close permanently any door or window in any external wall.
You may also want to check: https://www.kmcgov.in/KMCPortal/downloads/Rule_3(2)_of_KMC_Building_Rule_2009.pdf
and https://www.kmcgov.in/KMCPortal/downloads/DGBuilding_Circular_No9_03_01_2014.pdf
and http://timesofindia.indiatimes.com/city/kolkata/KMC-relaxes-norms-for-additional-construction/articleshow/22383166.cms
Dear Sir,
We were looking to buy a flat in central Calcutta, and have shortlisted one also. The said plot is a thika tenency property. Can a thika tenency property be sold by a promoter.
Under section 5, sub-section (3) of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 provides that the interest of the thika tenant and tenants of other lands holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-sharers’ interest or to the prospective heirs subject to the provision of sub-section (1) of section 7 of the said Act. The said provision, thus, makes it clear that the transfer in favour of a stranger was prohibited under the said Act.
Land belongs to state, only structure belongs to tenant. Further, letting out structures is permissible and that too it with prior permission of the Controller u/s 6(1)/5(4) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. The lessee may also construct structures on the said land with necessary permission from the concerned authorities.
Thika tenant has no transferable title as prohibited u/s 6(2) of the Act, 2001 read with Sec.4 of the WBLR Act as amended in 2010. Only the structure can be let out to any outsider, and not leasing out structures with Thika land, is permissible, and that too, the structure can be let out with prior permission of the Controller, of course, u/s 5(4) & 6(1) of the Act, 2001.
Hence, if the necessary permission has been granted by the Controller, then the flat can be bought. You will only have right upon the structure with no land rights. Check with the Controller before buying any property.
Dear Sir,
We are publishing house, and are coming up with a monthly magazine focused on investments, be it in real estate, commodities, equitities etc. Apart from that we are also planning to have a legal forum content, where legal matters can be highlighted. We have found your articles interesting, and assume that such articles can be of interest to public in large. In case if you are interested to get the same published in the print media, on a regular basis please do get in touch with me.
Regards,
Prabhakar Parekh
Dear Prabhakar,
Can you please mail me the details to chenoyceil@gmail.com
Thank you.
Even I m into problem n reading the whole complaint it seems it my story what actually happened to me
You may mail me details to chenoyceil@gmail.com
I m unknown to the system doesn’t know how to go through system . m also thrown out of the house by my husband with my 2yr old son n its been a month got no call from them n they also ask for dowry as they r never satisfied plz help me. Even they degrades me n suppress me towards suicide.
Regards
Shagun kohli
You should take immediate action. Do not feel helpless. You may mail details to chenoyceil@gmail.com
Joint Holder of Property & Membership
Greetings!
Me and my mother both are joint deed holder of our current residence, a flat within a co-operative housing society in Kolkata. We both are also joint holder of the co-operative housing society membership certificate. Under the circumstances of family expansion we need to have some additional room-space for our daily life; and therefore trying our best to buy another similar flat within the same co-operative housing society in my name (sole ownership). The co-operative housing society office doubts my credibility of getting the rights to buy another flat within the same co-operative housing society as-well-as they are in great confusion of the steps that needs to be performed by me to acquire the rights and therefore the other target flat. On the other hand, the seller (owner of the target flat that I am suppose to buy) is in great hurry to sale out their property as they need the money for their own personal reason. Within our co-operative housing society, the flat I am targeting to buy belongs to the cheapest category within the co-operative housing society and it touches my maximum affordability limit too. Thus, myself and on behalf of my family-members – we are in great expectation to complete this deal at the earliest so that we don’t miss the chance of getting this flat.
My humble request to you is to please guide me the steps in sequence to meet our family target – so that neither the co-operative housing society office, neither any body else can delay the process and we miss the chance to buy the target-flat.
Regards –
Hello, you should read my previous comments. Since you and your mother are owner of the property, both of you cannot hold another property in the same society in your name. You can get the property in any of your relatives name. However, if the society is willing and other members do not object then you can give up joint membership in the first flat and buy a second flat showing you are having a different family. In the end, you need to submit your details, affidavit and other documents to buy the new flat. Everything can be done if the society is willing.
Respected sir
Pls. Guide and help and do give suggestions.
In redevelopment of co operative housing society most of the lawyers says that if society has 70% consent of the members than minority members can’t get injuction order or win the case.
Even if builder or developer has done fraud cheating and hand and gloves with the managing committee. All the major theft of fungible FSI benefits to existing members. No transparency.
Black mailing and so on.
We want to know that is that right ?
Anjudgementrity member wants to challenge than what kind of proof and what kind of old or recent judgement is available for the same.
Or what we can prove in court of law for minority members.
Do reply.
Best regards
I have already mailed reply.
Sir, Date: 12.10.2014
I own an apartment in a Housing complex in Newtown, Rajarhat.
The Housing complex was constructed by West Bengal Housing Board and sold to the public through lottery.
Before handing over possession of the flats to the successful buyers, the Housing Board insisted to form a registered Co-op Society or Owners Association for taking over the responsibility of maintenance and management of common areas and facilities of the Housing complex besides to act as a confirming party for every subsequent transfer of the respective flats in future. Further, they imposed it mandatory for every Buyer to take membership of Co-op Society/ Association before execution of their respective sale Deed.
As desired by the Housing Board, the successful buyers of our Housing complex formed a Co-op Society in the name of Eastern Grove Housing Co-op Society Ltd. and registered the same under the W.B Co-op Society Act.1983 and subsequently took over the charge of the said responsibility through a registered Deed signed in between West Bengal Housing Board and our Co-op Society.
The above noted responsibility was very specific and has been mentioned in the standard Sale Deed signed and executed in between the Buyer and W.B. Housing Board and the Co-op Society as a confirming party.
Considering the above facts please let me know, do we enjoy absolute power of a Co-op Housing Society as we have registered our Society under the W.B Co-op Society Act.1983 in spite of that, we had nothing to do with the construction and sale/ allotment of the flats among the buyers/members, or our power will be very much restricted within the periphery of maintenance and management of the common area only as has been mentioned in the standard Sale Deed of the buyer and the Agreement signed and registered in between our Co-op Society and West Bengal Housing Board at the time of handing over charge of maintenance and management of the common areas of our Housing Complex.
We are also taking double maintenance charges from the members who has rented their respective flats. Please guide whether the matter is under our jurisdiction as we have been registered Under the West Bengal Coop Society Act.1983.
Your necessary guidance for smooth running of our Housing Society is solicited.
Regards
R.S.DAS
You are an absolute Co-Operative society if you are registered. There are several forms of housing society and it is not mandatory to do construction.
If flats are rented take 10% tenancy charges over and above maintenance. Ask for tenancy agreement and application from owner seeking allowance to keep tenants. 10% monthly tenancy charge to be valued according to the rent amount.
sir, I want to register a Housing residential society in Siliguri. Can u help me out to do so.
CA Ankit – 98326 61665
I have emailed you.
Dear Sir,
I shall be obliged if you give your valued legal advice on the following:
I own a flat in New Town, Kolkata which was handed over by the developer company 5 years back. According to terms and condition of possession the developer is to take all necessary steps including legal ones to form and register the flat owner association under the W B Apartment ownership act 1972. Accordingly all the owners have given the company the power of attorney paying due fees for the service the company will render for formation and registration of flat owners asson. Earlier, the company has also taken interest free amount of Rs18000 from each of 232 flat owners in the complex to form a maintenance corpus . It was in the terms and conditions that the company will manage the maintenance of the complex till the association comes into force and the flat owners shall be paying the maintenance charge as fixed by the company. They revised the maintenance a couple of times and continuing maintenance by charging high maintenance fees till now even after our continuous pressure on them to form and register the asson as per the terms and condition. The company is not also giving the detailed accounts of maintenance to the flat owners.
Mean while on 28th Nov,2013 an order was issued by the Kolkata Highcourt (Dr Debdas Banerjee & Ors vs The State of West Bengal & Ors) to held up formation of flat owners asson till such amendment/s is/are made in the West Bengal Apartment Ownership Act 1972 by the Govt as directed in the order.
The company now says we may take over the maintenance.
We are willing to take over full charge.
Under the scenario what is the legal way of taking over the maintenance of complex by us. Can we legally be entitled also to take over the corpus amount?
Can we form a flat owners association without going for registration for the time being and legally held the corpus and collect maintenance fees.
Or can we form an association under W B Societies Registration Act, 1961 for legally/validly looking after welfare of flat owners of the complex?
How can we compel the company to submit audited accounts for the expenditures incurred in maintenance they managed till now?
Please reply ASAP.
Thanks
With Kind Regards
Ashutosh Chakraverty
All owners can form apartment ownership association if there is consent from all members. You can then take over the corpus as well.
Hello Mr Chenoy ,
Looking for advice w.r.t WB Co-operative Society Rental laws & regulations under HIDCO , New Town- Kolkata. Could you please share you phone number and suitable time to meet @ Kolkata.
With Regards ,
Rajiv
When can we deposit share money as suspense a/c,and any other cash deposit need before registration of cooperative housing society?
Dear Sir,
I am living in a Society where few People have form a Group & without any registration conducts an election & become President, Secretary & treasurer. The Society is not Registered with any govt dept & maintenance is also with Promoter.
Is there any way to stop this misguidance of the above group in Legal Way.
Please Guide.
Was there any agreement with promoter to register society under Apartment Ownership Act or WBCS Act? Consult with other members and you can register a society under WBCS or Apartment Ownership Act.
Sir namaskar .
Ami valo English parina tai bangla te likchi please kosto Kore reply deben . Sir amader jato jami ache sob debottar r sob amar dadur name kintu Dadu Mara gachen onek bochor tar por oi Jami amar Babar name o transfer hoyni ekhn Ami oi thakur (god) er pujo korchi kintu oi Jami amar name na thakai Ami chas korte parchina .. Ami er bapera BLR er sathe kotha bolechi uni bolechen amake ekta uttaradhikary certificate cheyeche ponchayet prodhan er kach theke likhe to prodhan a make dichena …ei obasthai ki korbo daya Kore jadi boleden — at ei Jami k pabe r karu adhikar ache kina daya Kore bole diben please sir ; sir ektu kos to Kore Bengali pore ans deben please
Namaskar,
Apnanr subidhar jonne bangale likhchi. Uttaradhikary certificate (succession certificate) Panchayat Pradhan dite pare na. Ota apnake district court theke nite hobe. Oi certificate apnar babar aar apnar dadur sathe connection dekhate hobe. Oi uttaradhikary certificate nie apanake BLR er sathe dekha korte hobe naam transfer/mutation er jonno.
Jokhon application korben certificate er jonno tokhon babar aar dadur death certificate lagbe. Na thakle age ogulo jogar korun. Apnake application e etao dekhate hobe je aar ke ke ache apnader family te. Apnake affidavit file korte hobe jate apnake janate hobe je kon kon jomir jonno apni apply korchen, voter card, ration card baki jekono id xerox kore deben application er sathe. Jei jei jomi apni claim korchen segulor kichu documents thakle oguloro xerox deben.
Dear Advocate Chenoy Ceil, Greetings !!! myself, Saikat Kr. Chatterjee, a resident of Flat no. 05/04, Pets Housing Co-operative Society, Abanindra Bithi, City Centre, Durgapur-713216, Burdwan, West Bengal, shortly I shall write to you by mail along with scanned documents about my present problems in the society, please check and reply, my mobile no. 9832164275. Thanks & best regards, Saikat.
Respected Sir,
I want to consult you on a case , if you would kindly give me a appointment stating where to visit you .
Hi, I’m sorry but I have moved out of India recently. Kindly consult local lawyer.
Can you Please provide me draft application format u/s 156(3) of Cr.P.C for charges u/s 406/420/120(B) of IPC.
Dear Mr. Ceil,
Sir, if my hypothecated goods with bank A is kept in godown under my (borrowers) lock and key & if another bank B illegally/erroneously takes possesssion of my such godown considering it as its mortagaged property by mistake & immediately i intimate the bank A that the hypothecated goods has been gone alongwith the godown erroneously to B & thus take steps to safeguard your hypothecated property at your end. even after my such request and reminders , if the bank A does not contact the errant bank B & subsequently if ut comes out that the goods has been misappropriated by manager of bank B, in such case can the bank A take a judgement debt against borrower inspite of its contributory negligence and inaction? please advise Sir, Warm Regards, pusu
Dear sir
we are the shop owner of siliguri golden plaza cultural association, our building was build in 2002 and handover to society on 2004 by developer by selling all shop to individual ,we have register our society in year 2007 but this thing came to our notice there is a tower in bldg roof of indus tower rent 25000 per month collected by deveploer and also there is a generator set in common space of bldg of indus bank which rent 27600 per month also collected by devepoler , and again one generator of amrit feed in our common space but they have registry deed of same but in my opinion common space cannot be sold
the roof right will be of developer or society ? this rent must come to society from the date of handover or not ? common space can be sell by developer ,
what are the section in which we can file case agaisnt this matter should we go to court or consumer court
Hi Mr. Ceil
My father purchased a piece land from Mr. Chandranath Chatterjee of Durgapur way back in 30 years. Thereafter we shifted from Durgapur to Kolkata 25 years back. Original Registered Deed are with us. Few years back I paid tax also against this land. Now the place is well developed and named Dwijendra Nagar just beside G.T. Road. The owners are telling there is no land as such. Mr. Chatterjee is also expired. Tell me any chance to get back my land & by what process. Pl advice
Respected Sir,
Kindly provide with your valuable suggestions on the under noted issues, relating to Jharkhand State.
a).At our Housing Society ( not yet registered ) Complex, the Municipal Corporation , Ranchi is not entertain g our application for Municipal Water connection in the name of the Society, on the plea that the Jharkhand High has in their interim order directed not to provide connections to such Apartments who don’t have the Completion Certificate. The Builder says that they have already submitted petition to the Municipal Corporation and approval is waited. Please suggest the remedy.
b). While fixing the Corporation Tax, based on the Municipal Estimated Value, 100 sft has been added to the Super Build Up Area of the Flat, against my initial protest in writing for Car Parking, whereas no where in the Deed it was ever mentioned. This peculiar practice is being followed at this Center and they are not agreeable for any departure, rather asking me to go for an appeal to the Municipal Commissioner’s Court. Since the 30 days stipulation to file an appeal is fast approaching
I request your considered advice at an early date and oblige.
Dear Mr Chenoy Ceil
It is really nice to find you promptly responding to your readers with proper guidance.
I request your guidance too.
Got an offer from a member of LIG Cooperative Hsng society under HIDCO to transfer his share/land. To keep clear of the income threshold, I wish to buy it in the name of my adolescent child. Can this be possible / acceptable by law, or I can act/sign as guardian in the entire agreement, till his attaining adulthood. Is there any risk of litigation post my making payments ?
Also let me know the safest Metrics of payment of premium on transfer without entailing risk on my hard earned money, as the sellers mostly insist on cash transaction.
Thanks.
can i get your cell no
enjoy your perceptive blog
we the plaintiff asked lower court for injunction against developer to stop developer from entering our said property since development agreement was cancelled by plaintiff due to non-payment of full consideration
developer filed 15 separate miscellaneous applications serially over 5 years effectively stopping the main case to come up for hearing
my lawyer says that we cannot stop developer from continuing to file such delaying applications
what is your analysis?
Sir, A thika tenant recordee transferred his holding comprised in a building alongwith a small portion of vacant land with few sub-tenants thereupon, to an unsuspecting buyer through conveyance of a Regd. Transfer Deed! In a bid to record his name as a current transferee after being seized & possessed of the piece & parcel conveyed to him, he was threatened by the concerned Revenue Officer of Thika Tenancy Cell of relevant jurisdiction of eviction! Presumably, amended provisions of sec. 7 of W.B. Thika(Acquisition & Regulation) Act, 1981, might be a premises of such a contention! Declaration of the registered document(i.e. the transfer by the erstwhile Thika recordee) as null & void should ordinarily be the jurisdiction of an appropriate Civil Court, unless any specific statute confers the same on the Thika Controller! Sec.13 of the said Act, too, cannot be an alternative remedy to the instant transferee in so far as his right & title is concerned, as no statute declaring the jurisdiction of any Thika Official in determining the said issue is ostensibly recognized by the provisions of the Act mentioned, as I am given to understand! Under the circumstances, what remedy can be availed by the instant Transferee, to safeguard his interests after purchasing the said Thika property, preventing him from spending sleepless nights! Your answer would definitely enlighten me to dictate the transferee well-known to me regarding his next course of action! Tnanking you, Anupam Mitra
Sir how can i remove a tenant from a thika tenant land
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Sir. I have bought a flat n Bhowanipur, Kolkata and is registered in my and my wife’s name. My wife’s name is first in the registered deed and then mine. The promoter in the registered deed has incorporated that only the first name which appears in the deed is entitled to become a member of the holding co which the promoter is yet to form and all meetings, etc is to be attended by the first holder only. Is this legal. I being the second, can I ask the promoter that I will be attending the meetings, etc in place of my wife since I am also an owner, the deed being registered in two names. Can the promoter raise objection to this. If yes, then what is the way out. Kindly reply.
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Dear Sir,
I am planning to purchase a property in the New Town area of Kolkata. The flat comes under a cooperative housing society. CC of the building has been applied a few days back and NKDA has not provided CC till date. The owner of the flat is saying that because completion certificate of the building has just been applied it will take 3-4 months to come. So right now by paying him, I will get only the membership of the coperative housing society and registry will be done only after CC has been obtained. Pls advise if I should go ahead with the purchase.
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Respected Sir, I am a member of a housing co-operative Society at kolkata, on lease hold land on 99 years lease,land was purchased and alloted by deparment of land and land revenue, Govt of WB. Sir, I humble to know, may I sale or transfer my alloted plot as per provision lead by wbcs acts and rules ,2006. I shall be reman grateful to u if u kind enough to give me valuable information about the transfer the plot and membership interst at lease hold land under the co-operative society.
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Respected sir,
I need your advice in a legal matter. I am a owner of a flat in cooperative society and i have selled the flat but the person to whom i have selled is not getting membership from the society as the society chairman is saying that i have selled my flat without having in prior membership and how can i have a flat in the same society where my husband is having flat. I had no idea of this rule and laws as i am a house wife.
It will be very kind of you if u can reply to my problem as how can i go about this case.
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I have a flat in Kalyani (West Bengal) under Pfizer Co-operative Employees Housing Society Ltd. Now I want to transfer my flat means want to withdraw membership (dispose off the flat) from Co-operative.
Co-operative is asking for 10% money for transfer of membership from sale value.
Sir could you please send me the PDF copy of
ORDER NO. 2522 DATED 23.06.2003 FOR PAYMENT OF 0.5% OF SALE VALUE OF FLAT /
APARTMENT TO A HOUSING CO-OPERATIVE AS TRANSFER FEE/DONATION then
I can show it to the Secretary of Chairman of the Pfizer Co-operative housing Society.
Otherwise being an innocent but I will be ruined by my Co-operative Society Kalyani, Nadia District. (WEST BENGAL)
Sir please help me in this situation.
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