RDV PRASAD
22 January 2012 at 12:56
(F) Father transferred the property to his son(s) on a condition that he will pay sum annual income to daughter (D) , in future if S want to sell the property he should make some means to fulfill the annual income for the D. But , S without compiling the obligation transferred the property in favor of 'X' (third party) , now D wants to Sue X in this regard .
D is plaintiff
X is respondent
what are the remedies available for D as well as for the X also
Anonymous
22 January 2012 at 12:19
sir,
i own a flat in pune my builder(pvt) has already given possession of the flat and i am having physical possession of flat-follwing documents are with me-
1- registered agreement to sale
2- simple possession letter on the letterhead
3- housing society`s share certificate
of the builder
my builder is avoiding to executive conveyance deed for my as well as all other flats in the project. pl advise if-
1. if my title to the property is valid in the absence of conveyance deed
2- can i sell the flat without conveyance deed
3- the housing society of the flat owners is already formed and registered and i possess the share certificate regarding flat issued by the society
pl guide and in case builder doesnt execute conveyance deed remedies availabe to me againt the builder
prabhjot
22 January 2012 at 08:48
we own a piece of property here in patiala,we have all our documents with us like registry(17 yrs old),but in past few days someones trying to like encroach it .we filled an apllication for fard,but the patwariseems to be have tied up with them and has not produced the correct one ( he changed the area name in there and said that this property is now under so and so area but its not true),so what should we do now??
Anonymous
21 January 2012 at 21:26
Sir,
I made agreement with builder for Rs.22 lakhs towards the cost of land and construction of house. In response to this agreement he has digged bore well in my plot and he using bore well water for construction of house, the electricity consumption bills also he only paying. But he has taken another plot and he is constructing another house beside my plot for another customer purpose. but Sir he is water from my plot borewell and he paying electricity bills. Sir I want to know that can he utilise the water from my bore well.
Anonymous
21 January 2012 at 21:21
Sir my neighbors son mortgaged his family property with a bank for trading loan. As he suffered losses and could not repay the loan the bank has taken possession(symbolic) of this residential building comprising of ground and two floors.The auction date has also been fixed. I want to buy this property.When I informed the neighbour of my intention of attending the auction to buy the property he says that upset price fixed by bank is very low and he would file a suit and get the sale annuled even if I buy it.Apart from that getting possession from him is very difficult.But when I approched the bank they say that they would arrange possession(as it is occupied by defaulters) and convey perfect title.At this juncture I want to know who is saying the truth and can I trust the banks words?
I dont buy the theory of borrower because he wants to ensure that his property is not sold at any cost.
Anonymous
21 January 2012 at 18:45
A got the property mutated in her name after death of her mother B (original buyer)10 years back. And, B has not left any will at the time of her death. But being the only real daughter A got the property by producing death certificate of her mother B.
And as of now my mother A gifted me the property via Gift Deed 2 years back. I have two younger sisters one is married and other is about to get married in few months and i am the only Elder son. So i would like to know can they both claim any share in the above discussed property.
Anonymous
21 January 2012 at 16:54
Dear patrons,
I was informed by an NBFC to whom i applied for Loan against property . after the Legal opinion is ok ..
kindly check the attachment of that .
But the concerned govt authorities in Andhra pradesh state are denying to provide that .
kindly confirm regarding it.
Ria
21 January 2012 at 16:45
Respected Experts,
Whats is the procedure for transfer of flat and Share certificate, in the name of the buyer when the society is currently administered by the Registrar of Co-operative housing society as per Maharashtra Co-operative Societies Act ?
Please guide.
Kirankumar
21 January 2012 at 16:39
Husband and wife purchased flat in joint name, afterward wife died, agreement to sale was executed by both, Now, husband has obtained death certificate of wife and asking to execute possession / deed of apartment in his favor as his wife died, who was one of the joint owner.
In this situation, which precautions should be taken?
1) can builder execute deed of apartment in his favour by attaching death certificate ?
or,
2) more legal things /procedure / complience should be followed or complied for the same.
Please let me know, comprehensive legal opinion in this regard.
Thanking you.
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Builder creating problems for making sale cum construction agreement
Dear Sir,
I have booked one flat at builder, Tirupati on dt.30.05.2011 and Payment of Installment through Home Loan from Banks.
The Flat Area is 1166 Sft @ Rs.1759/- = 20,50,994
Other Charges
Club Membership = 25000
Electricity+Water+Sewarage = 75000 1,00,000
Cost of One Stilt Car Park is = 60,000
Grand Total = 22,10,994
At the time of booking they have given Payment Schedule with conditions as mentioned below:
Mode of Payment/Payment Schedule %
Booking Amount 1,00,000
Within 30 days of date of booking* 15
Towards Completion of 1st Slab 15
Towards Completion of 3rd Slab 15
Towards Completion of 5th Slab 15
Towards Completion of 7th Slab 15
Towards Completion of 9th Slab 15
On Possession 10
* Less Booking Amount 1,00,000/-
Note:
a). Payment Schedule will be linked with the progress of construction.
b). Stamp duty & Registration charges extra. Tax is not included in the payment schedule and will be charged as & when applicable and is subject to changes as per Government regulation.
As per above payment schedule & conditions I have given the Cheque of Rs. 1lakh and confirmed the booking. After paying the booking amount they have given one old agreement (made with other customer) for sample. As per Their words on dt. 30.05.2011 and as per this sample agreement the Other charges like Club Membership, Electricity+Water+Sewarage, Cost of One Stilt Car Park amount to be paid at the time of handing over the premises.
As per above Payment Schedule and conditions my Installment amounts will come as mentioned below:
Mode of Payment/Payment Schedule % Amount of Installment
Booking Amount 1,00,000 1,00,000.00
Within 30 days of date of booking* 15 2,07,649.00
Towards Completion of 1st Slab 15 3,07,649.00
Towards Completion of 3rd Slab 15 3,07,649.00
Towards Completion of 5th Slab 15 3,07,649.00
Towards Completion of 7th Slab 15 3,07,649.00
Towards Completion of 9th Slab 15 3,07,649.00
On Possession 10 2,05,100.00
* Less Booking Amount 1,00,000/- Total 20,50,994.00
As per Payment schedule, After 30days with grace period of 15days they have send the payment request letter through mail and in that letter they have mentioned the amount of Rs. 2,10,725.59 in place of Rs. 2,07,649.10 it means they have added excess amount of Rs. 3076.49 and Mentioned as a Stamp Duty On Development Agreement @ 1% on Rs. 20,50,994/- = Rs. 20,509.94 and this amount added to Rs. 20,50,994/- and calculate 15% less booking amount finally it comes Rs. 2,10,725.59.
Regarding above Payment request letter, I have discussed with them but not satisfied with their answer and send the cheque as a lump sum amount of Rs. 2,11,000/- with reply letter containing as" This Stamp Duty on Development Agreement @ 1% charges only Subjected to providing relevant supporting & Subjected to acceptance of all customers". After sending payment with objection letter, I have directly (face to face) discussed with company represented person also at project site. And they did not given proper reason to charge this charges and finally diverted the issue on company Sales Executive.
Regarding this Stamp Duty on Development Agreement Charges, I have enquired with other customer who was booked the flat in same block and entered the agreement in November-2010. But they told we did not pay that type of charges. And I have taken one Xerox copy of his agreement also. If I am taking this matter in to builder notice they did not respond properly/not providing any relevant document for these charges.
After paying 15% less booking amount within 30days of booking (with grace period of 15days), they have to be made the Sale Cum Construction Agreement to the Customer. But, Still they did not made the agreement. And one day I was strongly asked to them and they provide one soft copy of agreement for my acceptance.
I have checked that soft copy of agreement and find out "they avoided Initial Payment Schedule (Which is provided to me at the time of flat booking and signed by me)" and entirely changed the Payment Schedule in agreement. This agreement Payment Schedule is as mentioned below:
ANNEXURE – A1
1. Total Sale consideration Rs. 22,31,504.00
(Including Other charges like Club Membership Rs. 25,000/- , Electricity+Water+Sewarage Rs. 75,000/-, Cost of One Stilt Car Park Rs. 60,000/- and Stamp Duty on Development Agreement @ 1% Rs. 20,510/- )
(A). Booking Amount Rs. 1,00,000.00
(B). (20% less Booking Amount) within 30days from booking Rs. 3,46,300.00
(C ). (15%) towards completion of Foundation Rs. 3,34,725.00
(D). (10%) towards completion of 1st floor Slab Rs. 2,23,150.00
(E). (10%) towards completion of 3rd floor Slab Rs. 2,23,150.00
(F). (10%) towards completion of 5th floor Slab Rs. 2,23,150.00
(G). (10%) towards completion of 7th floor Slab Rs. 2,23,150.00
(H). (10%) towards completion of Brick work Rs. 2,23,150.00
(I). (10%) on completion of flooring & tiles Rs. 2,23,150.00
(J). (5%) on possession Rs. 1,11,575.00
I was strongly opposed with above Payment Schedule which is stated in agreement. Why because, when compare with Old Payment Schedule and Old agreement (made with other customer) the following points are differ:
In the above Payment Schedule,
1. The Other Charges like Club Membership, Electricity+Water+Sewarage, Cost of One Stilt Car Park amount is included in Total Sale Consideration. But as per actual this charges to be paid at the time of handing over the premises.
2. Still, they did not respond properly and not given relevant documents/Challan to the Stamp Duty on Development Agreement @ 1% Rs. 20,510/- and other customers also not paid. In this situation, how can them including these charges in Total Sale Consideration.
3. Installment Percentages and Stages of Installments have been changed. Due to this, Up to Completion of 1st floor Slab they have planned for collecting 45% payment in total amount. But as per Old Payment Schedule this is only 27.6%. It means 17.5% excess collected i.e. Approx 4Lakh.
In written, the issues stated in above three points are noticed to the represent of Builder. But finally they told in telephonic discussion as "If you are arranging the cash for payment of Installment we can applicable Old Payment Schedule other wise we cannot applicable. If you are going to pay the installment through Home Loan from Bank then you must accept the Changed Payment Schedule". This is the matter.
But, At the time of Flat Booking, in Booking form, at Source of Financing I have mentioned Rs.7lakh as a Self and Rs.15lakh through Home Loan from Banks. But now how can they divert the issue and argue with me. And, If they did not make the Sale cum Construction Agreement to me then the DATE OF POSSESSION is not confirmed. If I am compromise and signed with the agreement which is containing Changed Payment Schedule then they immediately demanding the payment of Rs.2lakh without work progress. This is the problem.
I have asked a suggestion with my Friend regarding above problem and he suggested to me as "You do not argue with builder for agreement and keep silent. The builder did not stop the construction of block on your single issue. When the builder demanding the payment then you have to ask like 'So many times I have noticed to you but you did not solve my problems and still you did not made the agreement how can I pay without solving this problems ' "like that.
Please give me your valuable suggestion how to enter the agreement.