CORPORATE OFFICE
SILVER GROUP
Level 4, Sai Heritage,
Above Axis Bank
Tilak Road, Ghatkopar (East)
Mumbai - 400077
GENERAL
As per Sec. 28 and 29 of The Registration Act the document should be presented for registration at the office of the Sub-Registrar of Assurances within whose sub-Registrar of Assurances within whose sub district the whole or some portion of the property to which such document relates is situated.
No. Under Sec. 18 of The Registration Act, registration of will is optional. However, there is no harm if one registers a will. In fact, registration of a will is strongly recommended, as one naturally gets and impression that the same is more authentic. Even courts accept the fact as an additional evidence. No time limit is applicable with regards to registration of the will.
Normally the person purchasing the property has to ensure that the seller has a good and marketable title. In order to find out if the title of the seller is clear and marketable, one has to take search of the property. The search of the property has to be taken at the offices of the relevant Sub-Registrars, normally 30 years search has to be taken. The purchaser can also ask copies of the documents lodged with the office of the Sub-Registrar to the seller. The objections pertaining to the title of the property can be easily verified after taking the search, for example; if the party has mortgaged and registered the documents with the Sub-Registrar of Assurances then it can be known only after taking the search of the property. After satisfying the title of the property the party should proceed with the transaction.
1. The primarily liability to pay property tax is of the actual occupier of the premises, if Occupier holds the said premises immediately from the Government or from the Corporation or the Fazedar.
2. If such premises are occupied by the Government Servant on behalf of the Government for residential purposes then the same shall be leviable by primarily from the Government and not from the Occupier.
3. In case of lease of the premises the same are leviable on the lessor of the premises, if the premises is sub-let then the same is leviable on the superior Lessor, and if the premises is unlet and the same is leviable on the person who has the right to let out the same.
The member who has lost the Share Certificate should be told to give an undertaking that the said shares have been lost / misplaced. The undertaking should also mention that the premises have not been mortgaged, It is observed that many times societies as a matter of abundant precaution insist for Indemnity Bond and also issue public notice inviting objection of issue of duplicate Share Certificate. The Secretary should approve the application for issue of duplicate share certificate in the managing committee meeting. Thereafter the share certificate have to be issued in the name of the member. The duplicate share certificate should bear the seal of the Society and must be signed by the Chairman, Secretary and one member of the Managing Committee authorized by the Committee in this behalf. Normally an endorsement is made on the Share Certificate that duplicate Share Certificate has been issued in lieu of Share Certificate Number.
The old bye-laws were silent with regards to recovery of Water Charges. Therefore Societies were recovering Water Charges on the basis of
a. Equally from all the flat holders
b. On square feet basis
c. Area linked with number of person residing in the premises.
While approving the model bye-laws the registrar directed the Societies to recover water charges on the basis of total number of taps/push cocks/turn cocks/mixing taps/flush taps / shower taps etc., provided in each flat. This naturally cast practical difficulty as Societies normally do not have the necessary staff or the desire to disturb the privacy of the member. Therefore the bye-laws were further amended and now societies have to recover the water charges equally from the members. Of course the rates would vary for residential and commercial use.
The value of the building can be either on
• Reinstatement Value basis
• Market Value basis.
The Collector of Stamps, if he has reason to believe that all or any of the instruments specified in Schedule-01, of the Bombay Stamp Act have not been charged or incorrectly charges, he may himself or through the authorized officer enter upon the premises and inspect such instruments and take such notes and extracts as he may deem necessary and if necessary he may seize and improved such instruments under Section 33 of the Bombay Stamp Act. The Collector of Stamps is further authorized not only to collect deficit stamp duty but penalty as well, which will be at a uniform rate of 2% per month which can be on amount not exceeding 200% of the evated Stamp Duty.
The Municipal Commissioner may recover by distress, attachment and sale of the goods and chattels found on the premises, in respect of which taxes are due and payable.
HUF can become a member of a Co-operative Society. The Gujarat High Court has in the case held that HUF are eligible to become members of the society.