rishi arora
26 February 2021 at 10:39
Sir, I bought a plot of land jointly with my brother who lives in a village. The plot was bought from a builder. Entire text of the sale deed is in English. All names and addresses are written correctly at every place in English. Only at one place on the back side of one of the stamp papers where web cam photographs and finger print images taken by finger print scanner are printed, the names and addresses are written in Hindi. Here the Hindi spelling of the name of the village and tehsil of my brother is wrong. There is no tehsil corresponding to the spelling written there. My question is : would this affect the title of the sale deed?
My brother wants to transfer his share (one-half) to me by a gift deed. Since the original sale deed was executed by builder who had contracts with a law firm, it was drafted in English. But the local lawyers will draft the gift deed in Hindi, so we will write the names and addresses in Hindi at every place. Also, the sub-registrar will print the names and addresses in Hindi again at the place where webcam photographs and finger print images taken by finger print scanner will be printed. These will not match with the incorrect Hindi spellings written in the original sale deed at the corresponding places (but will match with the correct English spellings written in the original sale deed). My second question is: would this affect the title of the gift deed or could make it void ?
Is there a way, other than a rectification deed, to get the error corrected in the original sale deed. If the builder refuses to execute a rectification deed and I go to court, is there any possibility of getting relief, given that we did not notice the error at the time of execution of the sale deed and signed everywhere.
Anonymous
26 February 2021 at 00:51
Hi
I am purchasing resale flat(house) that is 7years old for which i have done agreement to lease.(as land is on 999years of lease and managed by builder)
This property was mortagage by seller to run the business. its a join property in name of husband and wife.
i have paid seller own contribution and also bank has disbursed 90% of loan that i paid to seller.
last 10% amount bank will pay provided seller provide all original documents to my bank.
Seller agreed to pay of his current loan against property and get the property papers from bank.
its been 14days since i have given seller cheque/DD issued by my bank as home loan.
I am not sure wheter seller repaid his outstanding loan or not with cheque my bank issue to close his loan.
Seller is only giving assurance that he has repaid his loan and got NOC/loand closure from bank on phone but saying that property documents yet to receive from bank.
Nor had he sent me any proof that he repaid his loan even after asking several times.
Not sure of his intentions as i have not received any NOC/Loan closure or any sort of proof from seller.
Sales deed cannot happen without he getting all loan closuer and property documents.
But 90% amount i paid and my EMI already started.
Please advise what to do?
Thank You and Regards.
Hi,
I am planning to sell my property which I bought 5 years ago. Total landing cost of my flat was 42,50,000 (base cost 38,50,000). I am now selling my flat in 40,00,000. My society is asking me to pay 25,000 to issue the NOC.
As per what I have read about it, 2.5% of the (selling price - base cost price) should be charged with a cap of 25,000 as maximum.
Please suggest what should I do if they force me to still pay 25,000
Thanks
Hi,
I bought an 2000 sqft NA plot in a gated community spanning over 33 acres. There are amenities being provided by the builder/promoter of the said land. They will be starting to ask for maintenance charges for 1 year at 1rs /sqft once all the work is done from their side( as per RERA, scheduled to be completed by June 2021).
They are also asking us to pay 35000 rs as a charge from all the plot owners to form a society after a period of 1 year (most likely by June 2022) once the maintenance period is over.
There are a total of 400 plots, which means builder would be collecting around 1.4 cr from us in the name of society formation charges. Is this legal to ask this much amount for the formation of society? If no, what are the actual charges for this?
Sir
Can i buy open plot from owner who doesn't have partition deed, the owner has verbally divided property vamong themselves with out registered partition deed. Please reply
Read more at: https://www.lawyersclubindia.com/default.asp?
Anonymous
25 February 2021 at 13:11
My cousin had purchased 1bhk in 1990 in pune with my parents money but on his name. There is no evidence for me to prove that. My parents have expired. My cousin has got migrated permanently to New Zealand in the year 2000 along with his family, it's now 20yrs for him. Since the year 2000 I am staying in that flat with my family. Since he is a foreign citizen can he hold any property in india as per the law, can he file a case in court against me to vacant the flat. What step can I take to save my shelter for my family. Please advice. I. I am a poor person and my parents have been fooled and cheated. Please help me.
Anonymous
25 February 2021 at 10:36
We have G plus 3 floors commercial building . The builder had given exclusive rights of terrace (except the water tank and lift room) to the 2nd floor owner (1 company) during sale deed and removed terrace from common area. Now after 5 years later 2nd floor owner started constructing office in the terrace , not listening to association committee. But undevided rights is correlating with only 2nd floor area and doesn't include the terrace atall ! What to do as I am the Association president?
Anonymous
25 February 2021 at 10:36
Our co op hsg society is in Mumbai
IN our society a lady was anominee for the Flat purchanged by her Husband in his single Name.
He nominated the lady(his Wife) After the demise of her husband Our society added her name in the share Certificate
The lady has 3 children.Recently the lady submitted a nomination form Nominating one of 3 children.During the annual General Body meeting the other 2 children Came and objecting that the nomiation form submitted by the lady(their mother should not be accepted.)
Their main objection was that their mother as a nominee is only a trusty and care taker and as such she has NO right to nominate any one and also she has no right to write a will in favour of any any one children when all the childre has legal equal right in the property
Kindl advise what the Managing committee should do
With due respects to all the Experts in in this forum
Regards
V.Natarajan
Anonymous
24 February 2021 at 23:46
Hi Team,
I have a question regarding the ownership papers chain.
The builder of the house purchased a land from a party and then he constructed a four storey building on it. I happened to be one of the purchaser of the floor in that building. I have got the sale deed registered in the registrar office and have the original papers for that.
Now the builder tells me that you can keep the sale deed but the chain of the ownership will be kept with him and will not be distributed among the storey owners. I am not sure if that is the law or the chain of the papers has to be distributed equally between the storey owners.
If the builder is not giving the original chain of the papers, Can I claim it in the future when I plan to sell it? What should be the ideal step i should take?
Share in property
As per our expired mothers registered WILL we two brothers have 50% equal share in her self aquired property.Query is can I go the concerned police station with the application requesting to get my 50% share.of property on basis of legal document namely the WILL instead of going to courts wasting time and money.