Advocate Vivek Surti

Questions Answered by Advocate Vivek Surti (25+ answers)

Q: Cooperative Housing Society Act Gujarat 1962-2024

I am living in a rented flat in a registered society in gujarat. This month society committee decided that tenants have to pay 30% extra monthly maintenance charges over to owners to the society fund.Is this legal as per cooperative Society act 1962 & 2024??? Kindly guide me & whom can i approach for this matter.

Advocate Vivek Surti answered
According to Section 67 of the Gujarat Cooperative Societies Act, 1961, the society has the power to levy maintenance and increase or decrease it, but it must be consistent with the law. If any cooperative society increases the amount of maintenance unfairly or in excess of the bye-laws, with the intention of harassing the tenants, then the tenants can appeal to the Gujarat State Cooperative Tribunal.

Q: Tax liability in zero investment of a property

My self and my son are the owners of the property which is solely purchased by me. My son is a student and not yet earning. Is is requires to file ITR return. The value of property is 55 lacs

Advocate Vivek Surti answered
First of all, you need to check the latest revenue records of your father's property. If your father is still listed as the owner, then the will made by him and in case of non-execution of that will, you need to get the inheritance of your father, through which you will be able to enter as a co-owner in the property owned by your father as an heir. And then, until the question of execution of the will is raised by the will holder, you will get ownership of the property as a co-owner. Which will be the best legal way to achieve your intentions.