Hitendra
14 July 2014 at 19:08
Hi,
If u know, there is a project named Omega City-Behror (Rajasthan). I have also invested in that project via Decent Colonizers, but it seems that the project has been cancelled without any information to the investors. Neither Decent nor Omega has provided any communication to this regard. They had provided an assurance of 24% interest return in case of such scenarios but seems they are not interested in paying back to the investors. They are not responding to the phone calls too. They say that the person who has signed the letter is not an authorized to provide the assurance.
What can a common man do in such case to get the money back along with interest & penalty from such builders?
Please advice.
ABHISHEK JAIN
14 July 2014 at 14:17
A HOUSE PROPERTY REGISTERED IN THE NAME HUSBAND & WIFE. IN CASE OF DEATH OF ONE OF SPOUSE WITHOUT ANY WILL WHETHER SUCCESSION CERTIFICATE IS NECESSARY FOR CREATING A CHARGE ON THE SAID PROPERTY.
Krishan Singh
14 July 2014 at 13:55
Hi
Recently I got allotment of flat in CGHS Society in Dwarka Delhi. I became member of this society in 2004 and since have spent most of the time abroad working. As most societies in Dwarka came under CBI scanner in 2006 so their was no construction activity in the society FROM 2006 - 2012.In 2008 I bought a freehold property in Delhi more than 68 sqm which I later sold in 2010 as I was not sure when CBI inquiry will get over and when I will get the flat allotted as I didn't wanted to do investment in a project whose faith was unsure because of forgery allegation by CBI society upon investigation . My question is recently I visited India and had a look at my flat and after paying in full the amount asked for construction work was not done as per the specification as I have to spend more money from my pocket to make the flat livable. When I challenged managing committee in AGM I was threatened by the secretary he got lot of contacts in DDA and RCS office and he can lodge a complaint against me that I once owned a flat from 2008 - 2010. Do I need to worry from all these threats as since I became member of the society in 2004 I didn't possessed any property at that time in Delhi and even I got allotment in 2014 I didn't possessed any property under my name.Last year I even submitted affidavit declaring that I don't posses any property under my name in Delhi and have complied with RCS RULES for allotment purpose. I feel cheated as I have paid double the proposed amount for construction and I have got a raw flat. The Secretary and other members of managing committee got more than one flat under their name in Delhi and if someone questions them they harass by saying we know everything about you as we got information from every member through RTI. As I am staying abroad I don't want to get in legal battle with the Managing Committee and will get the work done in my flat myself. Do I need to worry from all these threats of loosing my membership. Please let me know because I want to give a fitting reply to them next time they threaten me.
visuiyer
14 July 2014 at 12:29
I would like to know the consequence of default in home loan.
I have availed a home loan 5 months back and repaid all EMI till date. But I could not pay the subsequent EMI due to block in the financial inflows.
I am arranging for selling the property also; but till such time I can't pay the emi or cannot load on me the interest liability.
I request you to suggest me the consequence of default in home loan. (as I may not be able to honour my subsequent EMI).
since the amount of the loan is less than Rs.10 lacs, I scared, will the banker/financer will take any serious action (though the property is mortgaged with title deed)
Experts pl. advise and guide
Vinay
13 July 2014 at 17:33
Hi,
My mother has filed a property partition case in court on her father's ancestral property which her father got from his father. My Grandfather had one daughter(My mother) and son. My grandfather did not write any will till he was there. After my grandfather death his son was taking care of the property. My mother's brother also died after 2 years of death of his father then my mother's brother widow took the property and currently all the property is in her name and also my mother brother dont have child.
AS they are not giving any income coming from the property to my mother and they are showing wrong income to us so that we get very less share in the income once case is solved and also they are not taking care of the property which is agricultarl land and also taking loan from the property thay why We wanted to check whether can we go for applying receiver for this case so that will have clear account on the income so that there is no wrong estimation of the income. Kindly suggest as I am looking for advice.
Thanks,
Vinay
Sourav K Chatterjee
13 July 2014 at 12:51
Hi Experts
I would like to ask one question. We are filing a case against promoter for substandard and incomplete service he has provided in the premise which includes a non functional or partially functional,lift.
What I would like to know if the society will be able to take applicable measures to make the lift functional and working so that residents don't have to face problems.
Thanks
Sourav Chatterjee
Amit
13 July 2014 at 12:14
Dear Sir,
My Case pertains to Capital Gain on Sale of Property (Plot of Land) located in
Goa, where property was acquired by way of Inheritance.
Background: I am Resident of Mumbai staying with spouse in Mumbai. My Parents Jointly Owns a Plot of Land located at Goa ( which was given to them as Gift by my Grand Parents) through registered gift deed. In 2004, Father passed away and leaving behind My Mom, myself and sister ( both are married).
In 2006, We had entered Inheritance Deed under Communal Law of Goa, where Ownership of the said plot of Land transferred jointly in the name of My Mom, MySelf, My Wife, My Sister and her husband ( As per provisions of portuguese Law)
Now in May 2014, We have sold the Said Plot of Land to a Single Buyer. The agreement of Sale shows all 5 as the Original Owner of the Plot. No share or individual amount has been specified and Total Sale consideration was mentioned as Rs. 100 Lacs. Assume Cost of Acquisition as NIL.
Sale Consideration was directly paid by Buyer as below:
1. Mom - 60 Lacs
2. my Self - 20 Lacs
3. Sister - 20 Lacs
( No amount were paid to my wife and sis husband)
Entire TDS of Rs. 1 Lac ( 1% of 100 Lac) deducted in my Mom's Name by the
Buyer
Now to determine Capital Gain for AY 2015-16 i have following questions:
1. In Mom's Case, can i show Capital Gain as 60L or 100 L ( Acc. to portuguese
Law, her share is correctly arrived at 60)
2. In My Case - Rs. 20 Lac i have recd, will it be divided with My wife fr Cap.Gain
purpose ( 10 Lacs each), since the case is covered under Portugue Law. Pls. not both of us are staying in Mumbai and we have nothing in Goa, except this plot of
land which is now sold off.
3. If answer to Pt.2 is yes, can i and my wife Jointly invest in equal proportion in
1 Res. Property to avail 54F Cap. gain exemption. or we have to buy separate
house?
4. What will be the treatment in Sister's Case. Will she have to also equally
divide with her husband.
Understand this is a peculiar case, expecting a practical response for the action.
Many Thanks for your time and response
Pradeep Kumar
13 July 2014 at 01:56
Sir,
Recently, my Father-in-law purchased an Agricultural land near premises of Bangalore. Complete money was mobilised by his younger son who stays in US. In fact, my father in law purchased for his younger son only. Only thing is: since his younger son could not come to India, also it is an agriculture land it is registered by my Father-in-law.
Subsequently, my F-in-law has been detected with cancer and treated. The cancer is not related mental condition. God's grace, he is recovering fast and currently appear to be in sound health.
But looking at unforeseen situations (no-one can predict), as a safer side, he would like to execute the will in name of his younger son who has provided money to purchase this property. We also concur with his views. Would you kindly help in clarifying the below.
1. My father-in-law stays in Hyderabad. Whether he can execute will deed in Hyderabad in any registrar office OR he has to come to Bangalore to execute the will deed in registrar office where subject property's sale deed was registered?
2. As witnesses, whether his son-in-laws (e.g. myself) are eligible to sign the will deed
3. Whether execution of gift deed is a better option. If so, for this, all of the family members e.g. father-in-law's elder son, elder son's children, daughters and their children have to sign the Gift deed, mandatorily?
4. In case of gift deed, whether father-in-law's son (who is in US and to whom the property is to be gifted) also need to be present at Bangalore Registrar office.
Kindly Advise. Many thanks in anticipation of your kind needful sir.
Pradeep
Bangalore
Shashank Saraf
12 July 2014 at 18:27
My Father was holding a flat jointly with his unmarried sister ( My Ant). She expired in may 2001 but unfortunately my father did nothing to drop her name. My father also expired in March this year without any will. My father was having 1 brother ( Alive ) and 4 sisters ( Including the holder of property and only one of them is alive now) and my mother , 2 married sister and my self are legal heirs for my father. What would be the procedure to adopt now to transfer the flat on my mothers name.
Thanks
Shashank Saraf
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Question about property gift
I bought a house in Hyderabad (old city) with the value of 24 lakhs in year 2013 with sale deed by paying 1, 80,000 as stamp duty.
A childless couple who was the owner of that house both died one in 2011 (female- A) and another in 2012 (Male -B) after the death of the couple A&B the direct sister of B started living in the house and in Jan 2013 she sold the property to me as she was legal hair according to Islamic Shariya (mohammadan law) and in 2013 Oct she also died.
Now one nephew of B saying that the house was already gift to him by A&B in year 2010 and filed a case asking for position & cancellation of sale deed.
I am living in the same house from 2013.
All the electricity bills, water bills, and property tax is on my name and I am paying them.
Please tell me what options I have to defend?
Can my sale deed get cancelled based on the gift document which was not even registered in the register office?
Thanks,