Pl. advise whther to pay increased BMC property tax and where to pay from????

Why I am not son of IAS,IPS,IRS,VIP,Mafia,Judge, doctor,Builder other professional, milk vendor and so on who can charge as they like or even loot  and why I am a AAM ADMI? 


Dear All, 

I have received today notice from BMC demanding increased property tax from back date from 2010. The notice is claiming Rs. 25967/- . In case of failure to pay they have threatened to levy penalty of 2% per month that is 24% per year besides penal action and auctioning the property.

Sir/s, 

Out of three tenants and two trespassers only one tenant pays Rs 34 pm to me as rent. 

The tenant Chadha has two cars worth Rs 13 lacs and all other luxury but does not pay rent as he and other defaulters know that I will have to spend life and Rs. 1 lac minimum in court case for trying to recover rent which may still be elusive as he will deposit in court. 

The Purohits lost case in 2009 and were decreed but went in to 2 bench appeal where they have hired Ad  D C mehta who knows how to delay matter and does not us law but uses machinery for delaying. Ad mehta is a very costly advocate but he claimed my client is not able to pay more then Rs 200/- p.m. as mesne profit . It is on the record of court that his client has more then 5 vehicles, palatial bungalow, travel by air several time to US and other countries, has office and house in Newyork too. But court fixed mesne profit as only Rs 1000/- which I can not withdraw till order ( which is elusive for 5 years) . I asked thru RTI info on how the court has fixed in other mesne profit  but court has only made me run here and there and denied info on procedural ground . I asked AAP volunteer to file similar RTI in same court but he too got tired. 

I am not allowed to increase rent as much as BMC or others hike be it railways, professionals, grocers, parking lot wala's, milk vendor,Reliance energy, schools, colleges, doctors, hospitals, hotels and so on. . 

I am not allowed to charge interest more then 9% from defaulting tenants and can not evict them but BMC is charging 24% interest and can take penal action and also auction my property. 

I wonder what sin I had committed in last life that I am not a son of IAS,IPS, JUDGE, VIP etc ??? Why I am a AAM Admi? 

Sir do I pay these taxes ???? Pl. advise?? 

Also advise where do I get these funds if I do not have post where I can get bribe or commit scam?? 

Thanks and Regards,

Alok Tholiya,

09324225699 /   02226125699/26173203

THOLIYA BHAVAN * ALOK THOLIYA

THOLIYA BHAVAN * ALOK THOLIYA
> SPENT
> •Nov 2012 painting of common areas Rs 30000/- * August 2013 Rs 20000/-
> towards chajja repairs * OCT. 2013 RS . 40000/- ON FLOWER BED AND
> FENCING besides
> regular taxes and upkeep.
> •RENT RECEIVED Rs 34/- p.m. from Shri I C Jain ( 81 year retired persons. )
> •Other tenants and trespassers and CO-OWNERS have paid nothing.

 

WHY BUILDINGS ARE FALLING: Tenants OF Tholiya Bhavan

•

WHY BUILDINGS ARE FALLING:  Tenants OF Tholiya Bhavan

Shri I D Chadha :Rent Rs.125.26/- for 4 rooms. Not paid  for years

•Shri Pillai: Not paid  for years. Owns Honda Jazz and other car.

•Dhobi : trespasser pays nothing earns Rs 50000/- + p.m.

•Purohit: Rent Rs. 42.56 prior to 2009 lost case in court. Gone in appeal. So now paying in court. Owns palatial bungalow at Jaipur, cars etc..

• Shri I C jain : Rs 33.60 per month.

And all of them lavishly use their own tenanted premises/ illegally trespassed areas if any, common spaces, illegally parking own/guest vehicles and spend nothing to beautify the building. Rather one may find their surroundings filthy. 

And local corrupt BMC has sent bill for property tax for Rs. 9494/- per year besides we pay for land revenue Tax, for  water, for common maintenance and huge fees on advocates who in turn get us nothing except dates.

You can not find a single paisa beautification efforts from tenants who misuse and over use premises for 60 years. …... Alok Tholiya

Main Gate of Tholiya Bhavan

I can gift ancestral property as I like??????

 1. I can gift ancestral property as I like??????

It is owned by the entire family, not an individual.

While you are entitled to tax benefits if you set up a Hindu Undivided Family (HUF), there is a restriction on the transfer of property. You cannot gift ancestral property that is jointly held by the HUF unless you are a sole surviving member, according to a recent ruling by the Bombay High Court. The ruling came in a case filed by the sons of one Mallappa Isapure, who had two wives. He divided the ancestral property between the sons of his two wives.

However, the second wife, Chandrabai, claimed that a portion of the property that was in possession of the sons of the first wife was, in fact, gifted to her by her husband. The sons of the first wife said that the property could not be gifted as it was a joint family property. While the appellate court dismissed the plea, the trial court upheld it, and was later also maintained by the high court, which stated that ancestral property could not be gifted. The property was duly partitioned and the respondents were asked to pay the cost.

In HUFs, the property is jointly held by the family. Therefore, no individual member has an absolute right over it. Hence, he cannot gift it to a third person, unless he is the sole surviving member of the HUF. "This ruling has significance for HUFs, while the other religions do not recognise the concept of joint property," says Suresh Surana, founder, RSM Astute Consulting.


2.  Letter of authority is enough for delegation

It works for routine tasks, not for complex deals.

While you may be astute at taking care of your financial matters, there are times when you must delegate authority to someone else. The two commonly used documents to do so are the letter of authority and the power of attorney.

A letter of authority is a simple document, which works for routine, everyday tasks like collecting a cheque book from the bank branch or submitting documents on your behalf. However, this is not a registered document and will not be accepted for more complex transactions such as the sale of property or any other asset.



For such deals, you need a power of attorney to delegate authority since the transaction is bigger. A power of attorney is a more detailed document and lays down the manner in which the transaction is to be conducted.

What a return on investment!!!!

This mail was written by me 5 years back so as on date the demand of tenants may have gone up. ........Alok 

What a return on investment!!!! 

One of my tenants is having 180 sq ft. Area. Building is old.. Deteriorated. No lift. No  proper maintenance. He is not having attached toilet ,bath, balcony and thus using common bath and toilet. No watchman, no garden no new society facilities.

 However they r asking for prevailing market price of new ownership building. Instead of 180 sq. Ft. They are asking compensation for 350 sq ft..  asking for ownership rights.

These demand of bigger area comes from news that  slum dwellers of Dharavi are going to get bigger area. But they do not realize that slum re-developers/ builders  ( mostly politicians and bureaucrats)  are getting 4 times free FSI where as landlord is not getting an inch free. The TDR is available but that is not for compensating tenants  and TDR is to be bought at high price and not coming free and construction cost and municipal very high  bribe cost is extra.

Pl. Advise how to satisfy such a tenant? Is it rational??

Landlord has paid for decades to tahsildar, talati, BMC, for property tax, assessment tax etc. besides emergency repairs and maintenance, property manager etc. In turn the tenant has been paying merely Rs. 40/- per 180 sq. Ft. But is now asking Rs. 35 lacs ( considering Rs. 10000/- p. Sq. Ft for 350 sq. Ft.).  

So investment of Rs. 40/- p.m. and enjoying/ exploiting shelter for whole month u get in return Rs. 35/- lacs. What a return on investment!!!! 

 Dear Tenants / Trespassers:

1. Live amicably. Avoid confrontation with landlord.

In ur heart u will agree that Mumbai rent act is one sided and grossly favouring tenants..
However there r some grounds on which landlord the shelter provider can file case.

But if both the parties live with understanding and fellowship then such situation can be avoided. I request u to not to do anything to harm the harmony and compelling us to go to court. Pl. note that going to court means money flows out like water. U have to chase ur advocate, court clerk, Xerox wala, stamp wala, typing wala etc. Gather evidences, documents, and witnesses. Worst is dates after dates in court will have to spend. Easily one case till end can cost anywhere from Rs.1lac to 2 lacs. And that is not the end rather it is beginning. Then may have to approach higher courts.
So for any wise person court is the last choice.
Hope u will avoid a situation which warrants legal action. I for one want to avoid courts.. Rather I am one who would like panchas to decide small issues as by going to court matters worsen as some advocates add spice to the simple case and make it acidic / ulcerated.
So I repeat do not give any opportunity which calls for filing of cases against each other. Same is very taxing on time and money and B.P...By the way u all know what r the issues and avoid them..
Let us resolve issues by peacefully settling same. Once in court then there is no reversal. Then I would like to not sit down but fight to finish..
If there r any comments or suggestions then pl. write back to me.

2. Spend for upkeep and hygiene as landlord is already in loss:

Also in ur heart u know that every expenses have increased blowing the roof but the rent. Since u r protected u don’t offer to pay a paisa more to landlord. Never mind but spend something to keep environment beautiful, hygienic and safe.

3. Ask for only fair market price if u decide to leave for better living:

And when u decides to leave our property pl. ask for prevailing market price and we will have to give u that as otherwise no one quits. We have already paid many then why not you. With present delays in justice sysytem v have no choice.

 Most imp.:   No tenant can evict another tenant therefore one tenant has not to fear another tenant.

                   No tenant can do away with landlord. Keep peace with him.

                   Only landlord can file eviction suit for annoying him.   

Some Clarifications / some facts :

1. Thousands of landlord owned buildings are lying as it is for 60 yrs or more and those living there r suffocating in inhuman conditions both owners and tenants.

2.  Very thin population of tenants have been lucky to get higher compensation that too when landlord was in desperate situation. But all tenants are lying down for decades with open mouth waiting apple to fall in their mouth too. Is it greed?? Is it blackmail??? Is it arm-twisting????

What is a difference between Mafia Dawood and a tenant who demands manifold then he is entitled to or blocks the sale/ development???? And media, police and judiciary sympathises with tenants.

3.      Govt has given 4 FSI to slum dwellers SRA scheme and announced 225/ 290 sq  ft accommodation for slum dwellers. Landlords have not been given extra FSI. So tenants if r expecting bigger flats are day dreaming. All tenants may unite and ask for 4 FSI for landlords so that they too get this benefit. Besides SRA scheme flat owners can not sell their flat for 15 years.SRA buildings are having no proper lighting / space as rules are compromised. No stilt in SRA.NO open ground. And poor construction. But some ignorant are asking 225/ 290 sq ft from landlords in lieu of their 180 sq ft or so.

4.      Unfortunately present RBI policy does not give necessary finance to landlords to redevelop building. All tenants should ask for necessary change in policy so that landlords can reconstruct their houses and reoffer good modern houses to tenants. 

So since tenants are in numbers and voters count in India and not moral and  rule of law may tenants demand a better deal from govt for landlords so in turn landlord can give a better deal and much better houses to tenants ( definitely much better then SRA) .

Thanks and Regards,
Alok Tholiya (S.E.O.),

The Tenant’s, Trespassers, residents and their relatives (as applicable),

Without prejudice to my rights and contentions

ALOK THOLIYA

THOLIYA BHAVAN. GR. FLOOR,

10^th ROAD, NEXT TO REGENCY HOTEL,

SANTACRUZ (EAST), MUMBAI: 400 055.

Tel. 26125699 / M.9324225699.

tholiya@yahoo.com / www.aloktholiya.blogspot.com

Wednesday, June 08, 2011

To,

The Tenant’s, Trespassers, residents and their relatives (as applicable),

Tholiya Bhavan,

Mumbai.

Dear All,

Greetings.

I have been keeping extremely occupied due to several reasons like:

1.     Being single hand in my insurance and other business.

2.     Due to devotion of lot of time to my social work / activism/ samaj karya

3.     Ailing guardians

4.     Responsibility of family, properties and formalities of govt . 

5.     Over all declining health due to aging

Therefore I seek cooperation from you all. If there is a planned discussion / long discussion / general discussion then pl. take prior appointment from Sandhya Madam on tel. no. 26125699/ 26173203. Give her relevant letter, documents/ copies of documents, agenda. After necessary preparations she will herself get back to you on your phone and confirm the appointment suitable to all.

Hope you will understand and cooperate.

Pl. do not mind if my staff / family members do not allow you to barge in as it is not possible to suddenly attend to any discussion of importance and neither possible to divert the attention from other work / meeting/ appointments in hand.

I am sure that we will have cordial good lawful relations as neighbors hereafter.

Thanking you all and wishing you all good health and happiness,

Alok Tholiya