Prashanth Uppalapati
09 June 2011 at 00:04
I am new this site. I have purchased a Flat in Hyderabad with a loan from Axis Bank. Currently I am paying the monthly EMI. Wanted to know the detailed process, if I want to sell the property. Please let me know the documents I need and all the things I need to take into account before selling the Flat.
Anonymous
08 June 2011 at 23:13
My family bought a first-floor apartment in Karnataka. They paid money for this entire apartment, which includes 2 terraces and 1 balcony. (Please note that only the first floor apartments have the 2 terraces). However, they are not able to step out into the terraces because they face a daily threat of objects (which include heavy iron and glass objects) falling from the upper floors. There was an instance where a child who slipped into the terrace to play was seriously wounded on the head by one such object. Other apartment owners in the first floor have the same problem, and all of them would like to build some kind of protection over the terrace so that they can use that space.
However, the apartment builders are objecting to this, because the Deal Of Declaration says that the outer appearance of the building cannot be changed by the owners.
The Deal of Declaration from the builder includes the following clause:
"The apartment owner cannot change the external appearance of the apartment unit in any form whatsoever, either temporarily or permanently, including enclosing the balconies or fixing anything like grills, meshes, glass etc under any circumstances by any apartment owner. Even the Executive Management Committee (EMC) of the Apartment Owners Association shall not have the authority to permit any such acts. In case of breach of the above conditions to any extent whatsoever, the EMC of the Association shall have the authority/power to cause it to be removed without notice and to recover the cost incurred for the same and a sum of10,000/= as damages and also for injunctive relief from court of law at the cost of the apartment owner."
The Sale Deed shows that my family has paid for the 2 terraces and balcony, so they are the rightful owners of this space. How is it possible that the builder can have this agreement in the Deal of Declaration, preventing the owners from changing their own space? Doesn't this agreement violate the right to property?
Can the Deal of Declaration by the builder prohibit the families from building a protection over their heads on the terraces, in their own apartment space, especially given the life-threatening situation?
Is there a court ruling related to this issue that we can use to overturn the agreement that we signed?
Please help me with this problem.
Thanks!
Anonymous
08 June 2011 at 19:50
my query was that:
my father had purchased through a GPA during april 2004, a landed property in bangalore for Rs.5,95,000/- and the same has been sold during feb, 2011 for Rs.19,00,000. now to avoid capital gains tax he is planning to go for construction of a house(not interested in purchase of a ready house. He does not posess any site for construction. my wife (that means my father's daughter-in-law) has a site and she is ready to transfer/gift 50% of the site to his name for construction by my father.
here for gifting the site, it is understood that, the gift deed should be subjected to stamp duty of 6% of the value which becomes very huge and not afordable by my father. another way out is to gift to me by my wife and inturn me gifting to my father, so that the gift deeds should be subjected to only Rs.1000/- stamp duty+ Rs.500/- regn. fee as learnt from some sources. kindly confirm my view.
secondly, please clarify whether my wife and my father can enter into a joint vernture agreement/joint development agreement so that on the site my wife is posessing, my father can go for construction? if so what are the legal procedure to go for joint development deed?
i was clarified that my wife can gift to me and in turn i gift to my father.
in continuation to my yesterday's query, i would like to know as to whether my wife can directly give a GPA in my father's name, then what will be the stamp duty and other regn. expenses?
also i need suggestion on my second option of joint development/agreement to construct house by my father on the property of my wife, in which case whether my father gets the capital gains exemption? pls clarify.
Anonymous
08 June 2011 at 19:13
My Father died leaving behind his wife, Sons and Daughters. He has also left behind a self-earned property. We are Hindus. Subsequently one of his sons also passed away leaving behind his wife and children. The following question pertains to my brother's share in Father's property.
1. Does my Mother have a share in brother's property inherited from my father.
2. Does my Brother's wife have a share in my brother's property inherited from my father or only his children have a share
TEJAL PANCHAMIA
08 June 2011 at 18:45
Can a listed company take on lease agriculture land for a long term at Tamil nadu, if the MOA of the company permits to do the same .
Hetul
08 June 2011 at 18:36
I am trying to purchase a plot of land from a lady whose husband passed away 6 years back in a road accident without leaving behind a will. She has a son who is 16 years old now. The plot of land was solely in the name of the decreased husband, who has undergone a change of name (many years) after he bought this property. When I went to get a legal opinion about purchasing this property, I am getting contradictory opinions.
First legal expert whom I contacted in my town said that we need a succession certificate to establish that the lady is the sole owner and there are no other claimants for this. But I came to know that succession certificate is not applicable for immovable properties.
The second legal opinion I got said that since a minor is involved and there is no will, the minor has an interest in the property and the property can not be sold till he reaches the age of 18.
Please guide me what can be done in this case.
Kuldeep
08 June 2011 at 10:58
We are going to purchase a falt in a building in progress. We understand from some source that the developer has taken loan from a bank against the registered mortgage of the property. The mortgage deed is registered but the developer has managed with bank officials that the mortgage is notnoted on the property card of the property.
If we see the property card / search report of the property, it does not show any charge noted.
What if we purchase now and subsequently the developer fails in bank loan repayment. Can bank enforce its mortgage? Because mortgage is duly registered. the only thing pending is noting of charge on property card. In that case can we (the buyer) stop the bank from selling the property?
Anonymous
08 June 2011 at 10:44
dear Sir/Madam,
we have purchased flat in Jan 1985, and v are living there till date,however v have not registered the agreement,In the mean time v lost both the first and second party agreement (v are the third party).we want to get the room transferred in our name. we have got the ration card,telephone bill,bank book,society maintainence bills on our name. Plsssssssss let us know how can v proceed in the above matter so as to no one can object regarding the same.
Yours sincerely,
Anonymous
08 June 2011 at 10:33
i am going to purchase a residential flat in delhi . i have given advance and taken a receipt and check paper fully ,now is there any thing else which should i do.
and i have fear of loose advance if second party will wrong because dealer is also stranger for me.and witness is dealer himself
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Standard Rent
How to calculate Standard of my premises?
I own 9 shops in prime locality. Since 1964 I have rented 7 shops to 7 tenants. In 1986 I have filed Fair Rent Case Under CP and Berar Order 1949,against 4 tenants. I got Fair Rent @rs 4 per sq ft in 1999 with retrospective effect from 1986. 2 Tenats paid the arrears and started paying rent @5 Rs / sq ft with increment of 20% after every 3 years, Meanwhile in 1997 I have files F Rent case against rest of tenants @Rs 20 / sq ft which was decided in year 2006. I got an order of Rs 15/sq ft with retrospective effect from 1997. Again rest of the tenants compromised and started paying rent. Now In 2007 I have rented (1 vacant shop) @Rs 20 / sq ft. Now my queery is what is the Standard Rent under MhRc 1999 act for my premises? The answer is required because I need to see whther I am charging Rent excess than standard rent (in such case it would be illigal and may be prosecuted) undr MhRent Control Act.... Pl guide me