sachin
29 June 2014 at 10:24
Dear Friends,
Is it legal for a Developer to forfeit the Booking Amount taken by the Developer in the event of the intending Buyer fails to honor future payments?
In our case, we as developers had taken Rs.500000/- as booking amount. The buyer subsequently on account of his personal health problems could not make future payments on the demand made by the developer.
Our Booking Form provided for the forfeiture of the entire booking amount. However, we forfeited only Rs. 300000/- and returned Rs. 200000/- on humanitarian grounds.
Now the buyer has send Notice through his Advocate seeking refund of the forfeited amount.
Kindly advise.
Regards,
Sachin
Naeem
28 June 2014 at 18:58
Please give me the full form of C.T.S and R.T.S abbreviation used in Revenue Cases
what is the difference between C.T.S and R.T.S??
APARESH GHOSH
28 June 2014 at 18:56
A land was purchased and the deed was registered in the month of July 2012 in my client’s name in West Bengal. I had applied for mutation at the concerned BLRO and accordingly a notice was received for hearing of the mutation petition in the first week of December but due to some personal work I had sought the postponement of the hearing date verbally which was granted and I was told that my client would be informed accordingly. But in the month of June 2014 it has been discovered a power of attorney was executed by the landlord, for all matters relating to the same property in second week of December 2012, week after six months of the registration of the property in my client’s name., in favour of a third party, Now the third party who had obtained power of attorney sold, through a registered deed this property to a fourth party in the second week of December 2012 itself., and got the property mutated in the fourth party’s name. Please guide us as to whether criminal as well as civil proceedings to be followed by us specially against the land lord and BLRO who is Govt. official.
a mahajan
28 June 2014 at 17:58
I booked a flat in Rudrapur for Rs.8.33lac in Nov 2010 and paid the amount as per schedule but the builder has been lingering on the possession. Though the registry was done in Dec2013 and complete disbursement has also been made after registry. But the flat is still incomplete and my repeated emails and recent letter by speed post has failed to generate any response.
Latest letter sent on 2 June 2014 and the builder's staff refused to have received the speed post though the website of Indian Post shows delivery on 25 June 2014.
For last almost three years I have been made a shuttlecock by repeatedly asking to call at Rudrapur site office, from rudrapur I was asked to contact the corporate office and the person at corporate office always gave false assurances.
I took loan for this property and have been paying housing loan interest and can't claim the deduction for 3 years.
At the time of booking builder had inserted a penalty amount of Rs.5 per month per sq feet for any delay in handing over the possession beyond one year from the date of booking.
So I have following queries:
Now please advice if I should lodge a civil case or approach consumer court?
As I am resident of Delhi and builder's corporate office is in Noida, sec 63, where to file the case,i.e., in Delhi / Rudrapur / Noida?
Also advice what should be the reasonable compensation?
Any other legal action which I may intiate.
Any lawyer interested to take up the case?
regards
mahajan
murugesh
28 June 2014 at 16:47
Dear Sir,
I thank you in advance for your kind advice. I intend to purchase an apartment but I am in a dilemma, kindly advice. Mr A was the original land owner with a constructed residential house a few decades back, He had 2 sons B and C and C in turn had wife D and 1 son E and 1 daughter F. After the death of A and also of his younger son C, Elder son B and the wife(D) and children( son E and daughter F) of C gave the property to a developer for construction of residential flats, 10 in number . After completion , they took handover of the flats and divided them amongst themselves as 1-5 belonging to B and 6-10 belonging to heirs of C( wife D, son E and daughter F). Wife D and daughter F of C , who both stay in another state presently , gave power of attorney to son E.I intend to purchase one of the flats belonging to heirs of C. He has the power of attorney from his mother and sister to proceed with this sale , and states his uncle B is going to sign as Confirming Party to avoid Tax Liabilities since the flat is not in his ownership as per the division, However , this division of flats is on Rs 20 /- stamp paper and not Registered Deed. Kindly advice whether his uncle signing as Confirming Party is sufficient or whether it is mandatory that his uncle also signs as one of the sellers , in which case he may back out because of the Tax implications?
Nithya
28 June 2014 at 14:11
Hi,
I found a Gated Community Layout in Horamavu(Kalkere)and liked a plot in it. When I got the documents for legal verification I found that it was a Inam Land and the brief details is as below:
1. Order in LRF case No. 101/1956-57 for Sy. No xyz measuring N acres in the name of ABC (wherein ABC was declared as permanent occupant). --> executed in 1958.
2. Endorsement isued by Special DC under Inam Abolition Act for Sy No. xyz meaasuring N acres in the name of ABC. --> executed in 1964.
3. Endorsement issued by Tahasiladr stating Sy.No. xyz measuring N acres doesn't come under sec 1, 7, 7A of Land Reforms Act. --> executed in 2011.
4. Endorsement issued by Tahasiladr stating there are no cases under PTCL Act.
Rest all documents looks clear (DC converted, A-khatha, EC, RTC, Layout Approval etc..)
Please help to suggest whether it is safe to buy a plot here?
Looking forward for the experts advice. Thanks in advance.
Regards,
Nithya
Bangalore.
R.Sivakumar
28 June 2014 at 12:09
Good morning Sir/Ma'am,
I am Sivakumar from Tamilnadu, I have decided to buy a home. I gave advance 50,000 rupees, after 90day going to registration. between time my company contract close, so I don't have job now. I have less amount,Same situation I am unable to buy the house. I ask to owner, sir please give my advance, but He is refused,and force me to buy the home or don't ask advance money. Any chance to get back my money?. He told that I have lot plan for after sale my home. You broke my plan, So I have hart problem, you need give money for me like this. What should I do? How I get money back. Same time I gave to offer, Sir, you can take some amount 10000, remain money please give me back, He continue refuse. Please Advise my how to get my money back.
Rajendra
27 June 2014 at 19:37
Hi,
My name is Rajendra. Long back in the year 1981 my father opted to purchase a house from CIDCO in Navi Mumbai on EMI basis. The later was cleared in the year 1997. Now we wish to take a property loan from GIC company. We were then given all the required documents from CIDCO at that time, like
� Allotment Letter from CIDCO
�Receipt of payments made to CIDCO.
� Agreement of higher purchase and sale deed between the us and CIDCO.
however at this point of time we only have Sale deed, possession receipt with us. others are misplaced
So here is what i need to know, can we get a duplicate copy/ attested copy or a re issued copy of the above mentioned documents? If yes then what's the procedure
or is it possible to get any other paper which we can present before GIC loan company for availing Property loan
sangeeta
27 June 2014 at 17:51
My father signed his unregistered WILL for his self acqired house, before his death in the name of my brother.
We are 2 sisters residing at delhi, my mother @ father has Rs.18 lakh in postoffice monthly income deposit in joint name, since both are expired, we have taken that amount.and they nominated that after death this amount should be given to 2aughters.
Now my question can we demand our share in that house for which my father had made will, witness by 2 persons both are died and its about 3 years back my father expire and mother expired last year.
Pl. suggest us what we should do?
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Married daughters' just right in father's property
Dear Sir,
I am from Andhra Pradesh. The query is regarding my mother and her sisters rightful share in the property. My mom has 2 sisters and a brother. My grand dad(doctor)from his own earnings constructed a Hospital( 1960s), a house(1972) and purchased a piece of land. My grand father wants to give an equal split to all 4. My uncle is not fine with this and he feels the property should pass on only to sons. He doesn't event look after well being of my grand dad. Please let me know if the daughters have equal right in their father's property. If yes, then please also let me know the act or amendment which enforces this. If no then, also mention the reasons. As of now will or registration has been done.