Bharath
07 March 2011 at 14:20
Hi,
I am from a 3 year old apartment complex in Bangalore. All the apartments have been sold by the builder (except maybe a couple of which he retains for his personal use).
At the time of purchase all owners purchased car parking slots in the basement paying 2 lakhs each. Some owners purchased two slots. Now a few slots are left over and the builder wants to sell these as well.
As per the recent Suprement Couert ruling in Sep 2010, builders can no longer sell car slots alone. In fact, builders can only sell apartments and everything has to be handed over to the association after sale of flats.
The builders argument is that this pertains only to stilt car park slots and not basement slots which are mentioned in the sanction plan as car parking space. I disagree. As per my understanding, the basement is also a part of the "common areas" for which we have paid for. It is mentioned in our sale agreement as common area.
Could a lawyer please clarify if the builder is within his rights to sell extra car park slots? Please answer asap as we are having a meeting shortly with the builder and we are expecting some debate. Your answer will make all the difference. Thanks.
Anonymous
07 March 2011 at 13:34
I would like to gift immovable property to my sister by virtue of Gift Deed without any consideration- whether on the same stamp duty is required to be paid as per market value of the property. If not, please also cite some court judgments or relevant sections/articles of law
Anonymous
07 March 2011 at 13:06
I would like ot know what are the states / cities where probate for registered will relating to immovable property is necessary ?
Gujarat have its own High Court / Can a probate procedure for a registered will be forced ?
Anonymous
07 March 2011 at 12:23
I wanna give a DDA flat in gift to a friend of mine,what is the legal process,i.e. how to do that legally?
Would my friend be taxed,of yes how much??
Anonymous
07 March 2011 at 12:11
I was under a perception that before the age of 18 years a person can not get married legally. But section 2 of the Indian Majority act says........
""2. Saving.- Nothing herein contained shall affect:--
(a) the capacity of any persons to act in the following matters (namely),-- marriage, dower, divorce and adoption;
(b) the religion or religious rites and usages of any class of 7[ citizens of India]; or
(c) the capacity of any person who before this Act comes into force has attained majority under the law applicable to him.""
Does that mean that a person before the age of 18 years can get married legally/Is this true for both girls and boys or is there some difference(of age) between the boys and girls for getting married legally???
I do actually wanna know what is the legal age for a boy or a girl for getting married or doing some other legal works like signing property documents etc...
Please help...
ekta
07 March 2011 at 12:10
Hi,
I have bought a flat three years back on home loan. Loan is taken in my name only. Flat is in the name of me & my mother. We want to do a release deed/ gift deed wherein my mother will release her rights over the flat(property). There are certain queries from my side about the release/gift deed.
1. What is the better thing between release and gift deed if we want to remove my mother’s name from the property?
2. What is the procedure to execute this deed?
3. Is it necessary to pay the stamp duty for the deed? If yes, then how much? Is it 1/2rd of the total stamp duty, as right now we are two owners of the flat?
4. Is there is any rule/act for release deed where for family members(deed between family members) there is any exumption on the stamp duty?
5. I read one document of Karnataka Stamp duty department in which it has been said that, if release deed is between family members, then stamp duty will be only 1000Rs. Is it true? If it is true then, is it the same for Maharashtra? http://karigr.org/actsrules/stampacts/scheduleksa57.htm See Art 44.
In advance thanks for your time.
Naresh
Priya
07 March 2011 at 11:16
Mr. X died bequeathing 2/3rd of his property to his son A and 1/3rd to his son B. A & B had entered into an agreement during the lifetime of the father to share father's property equally irrespective of the distribution under will. B has brought this suit against A to enforce the agreement.
Kindly help me with some similar case laws/ judgements made to support the position of my client A.
Anonymous
07 March 2011 at 11:06
i HAVE TAKEN A RENTED HOUSE IN CHENNAI AND HAD AGREEMENT FOR 11 MONTHS IN FAVOR OF LESSOR. i.e.. IF U VACATE BEFORE 11 MONTHS LESSE HAVE TO PAY 2 MONTHS RENT AS COMPENSATION. SO THAT I CONTINUED UP TO 10 MONTHS AND I INFORNMED TO OWNER I WILL BE VACATING THE HOUSE AFTER 10 MONTHS 1 MONTH REMAINING AS PER AGREEMENT AND LESSOR SAID THAT NO PROBLEM I WILL NOT DEDUCT THE AMOUNT AS COMPENSATION SO U CAN LEAVE NOW. LIKE THAT RELATION SHIP IS QUIT GOOD. AFTER VACATING THE HOUSE HE SAID THAT PAINTING IN SIDE THE HOSE LITTLE BIT STAINED WITH PENSIL BY NEIGHBORS SON. SO HE ASKED ME TO PAY THE PAINTING COST OF 6000. SO REFUSED TO ACCEPT. SO HE ANGRY ON ME AND HE SAID THAT I WILL DEDUCT THE RENT AS PER AGREEMENT AS YOU REFUSED TO GIVE THE PAINTING COST. SO WHETHER I CAN PROCEED WITH LEGALLY OR NOT. AS HE NOT REGISTERED THE RENTAL AGREEMENT. PLEASE CLARIFY MY QUREY.
Anonymous
07 March 2011 at 09:44
A girl is 18 years young,her Grand Mom written a will 10 years back and has died one year back,now the girl wanna sell that property.
Is she legally entitled to sign the property documents or she can do that after the age of 21 years?
I mean to know that what is the age of maturity for signing property documents for that girl,please explain??
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Formation of societyand builders commitments
Dear sir,
I would like to seek advice on the following queries regarding property from your panel of experts. We are residing in a new housing scheme in Pune having six buildings of four floors consisting of 32 flats in each building ie total 192 flats with amenities like parking, park, temple, gas pipe line, lift,inverter back up,Gym,comunity hall, etc. Now all the flat owners have taken the possession and builder has to form the society.Kindly give the advice and the expert openion on the following points.
1 Under which act society has to be formed since we want our right on
the land and other amenities provided on the said land.
2 Whether the society of individual building or whole scheme of six buildings jointly or one main society with sub societies of six buildings under the main society is advisable.
3 Whether the builder can keep his control over the temple and form a trust under his chairmanship or has to handover to society.
4 whether the builder has to hand over community hall and gym to the society or can keep under his control.
5 Whether the builder has to handover all the one time maintenance
amount taken by him in advance to the society with interest. What
amount he can deduct from the said amount while handing over
the same to the society.
6 Whether the builder is responsible or not for, to see that all the flat owners are getting sufficient water supply before formation of the society.
7 Can builder keep any right over any property of the housing scheme.
8 Which other things the flat owners have to see before the formation of the society to avoid disputes in future and any other advice they feel suitable for the benefit of flat owners.