Amish Sheth
01 April 2010 at 02:55
Hello,
I would like to explain in detail here what problems I have with the case history.
I reside in Navi Mumbai and bought this flat in May 2008. It is a Gaothan Plot with Tri-party agreement + CC + OC + Stamp Duty Registration + Possession Letter from the builder.
Electricity Connection was active within 15 days of me taking the possession.
Residential Water Connection just came in January 2010 after millions of requests done to the builder.
Society is not registered yet as in total there are 7 flats in the building out which 4 are occupied and 3 still not sold.
Now the real issue is as follows:
I want to sell this flat for which I would need the following:
1. NOC from the Builder and he may charge for the same.
2. Property Tax Documents which builder has not shared yet and yesterday he told me that he is yet to receive the same from the legal authorities.
I would like to have an expert advise here as how can I get the property tax documents on my name as it's been almost 2 years and I am not aware of the property tax. Builder told me that once he gets the property tax bill, he will divide it by 7 flats and once we all pay him the amount he will than transfer the individual names for their relevant flat's property tax. I am sure he will delay this entire process as you know how these small time builders are!
Kindly advise me with the right steps here so that I can act on it ASAP and get the correct documentation done legally.
I don't have any knowledge on this and perhaps that is the reason I have been cheated when it comes to legal documentations.
I don't mind spending some money to consult a good lawyer for my case but I want the resolution in next 2 months so you may even email me / provide some contact details of good lawyers in Navi Mumbai who can immediately act on my case and help me out.
Regards,
Amish Sheth
amish4u1983@gmail.com
+91-9699068889
AJIT KAWATKAR
01 April 2010 at 00:54
my friend has a ownership flat taken on loan; in mumbai &wish to give it on L & L.The leasee is a developer/builder who will be doing it so on POA. The actual occupier's name etc. will be entered into the l&l agrmnt. How safe is the transaction/what precousion/s i should take so as to safeguard his[owner's] interest legally.
Heaven 2011
31 March 2010 at 17:19
Dear Sir,
Often i have to draft verious agreement regarding lease, license, sell, property management agreement, joint venture agreement etc. How shall i know the exact stamp paper value in each case. The agreement are executed in Kolkata, West Bengal.
Will it be as per the schedule 1 of the Indian Stamp Act,? Kindly advise.
Rgds
sudhakar
31 March 2010 at 13:47
Hi all,
We are two sons for my mother, my father had another family. He left us on 1985; there is no evidence of his residence. My mother died in 2002. In the heir certificate it’s mentioned that my father is my first heir. We made a partition among us by speech. Now my elder brother is refusing for a mutual partition as we spoke. He is enjoying the whole property. In this how to proceed for a partition. And after partition how to register the property in my name.
Property details
1. One house in my mothers name from my grandfather as a gift deed. (in the document its clearly mentioned that after my life of mother its belong to sons so there is no interfere of my father)
2. One small house bought by my mother and registered in her name.
3. One land bought by my mother and registered in her name.
My brother taking the 1st property, because there is no interfere of my father.
I tried to search of my father but there is no trace of his presence.
How can I make a equal partition? And after getting my part how to register the property without the first heir (father).
Anonymous
31 March 2010 at 13:17
SIR,
WE ARE STAYING IN PUGHARI SYSTEM IN MUMBAI , REDEVELOPMENT PROCESS WILL BE START IN NEAR FUTURE, SO PLEASE GUIDE ON FOLLOWING OR PLEASE SUGGEST THE BOOK WHICH GUIDE AND FOCUS ON FOLLOWING POINTS AND REDEVELOPMENT RULES, ACTS DEVELOPMENT REGULATION CONTROLS AND LATEST JUDGEMENT AND TAXATION. EFFECT ON REDEVELOPMENT.
1) FOR REDEVELOPMENT WHAT IS THE PROCEEDURE?
2) HOW MANY MAJORITIES REQUIRED FOR REDEVELOPMENT?
3) IF MAJORITY AGREES TO JOIN REDEVELOPMENT, WHAT IS THE STAND OF NON-COOPERATIVE TENANT?
4) WHAT MINIMUM AND UPTO WHAT MAXIMUM CARPET AREA SHOULD TENANT GET?
5) SHOULD TENANT GET NEW ACCOMODATION WITH GALLRY/BALCONY?
6) IF MANAGING COMMITTEE IS APPOINTED WHAT ARE THEIR RIGHTS AND DUTIES?
7) WHAT ARE RIGHTS AND DUTIES OF DEVELOPERS/BUILDERS?
8) ON WHAT GROUIND MANAGING COMMITTEE CAN BE DISSOLVED? CAN TENANT CAN FILE A SUIT AGST THEM ON ANY NEGLIGENCE?
9) ONCE CONSENT GIVEN BY TENANT FOR REDEVELOPMENT, THEY CAN WITHDRAW THE CONSENT FOR REDEVELOPMENT? ON WHAT GROUND AND UNDER WHAT CIRCUMSTANCES?
10) WHAT IS THE BASIS OF CORPUS FUND?
11) IS CORPUS FUND GIVEN TO TENANT IS TAXABLE INCOME?
12) REIMBURSEMENT OF RENT WHILE EVICTION FOR REDEVELOPMENT IS TAXABLE?
13) TRANSFER OF TENANCY RIGHT TO OWNERSHIP RIGHT IS TAXABLE UNDER THE HAED CAPITAL GAIN?
14) WHAT IS THE IMPECT OF SERVICE TAX ON TRNASFER OF TENANCY RIGHT TO OWNSERSHIP RIGHT AS THE BUILDER/DEVELOPER IS JUST PROVIDING SERVICES TO OLD TENANT ON ACCOMMODATION GROUND UNDER REDEVELOPMENT SCHEME, THERE IS NO COST OF ACQUISITION AND CONSIDERATION INVOLVED IN IT.?
15) VAT EFFECT ON TRANSFER OF TENANCY TO OWNERSHIP RIGHT
16) WHAT IS THE BASIS OF BANK GURANTEE?
17) FOR ANY REASON, IF REDEVELOPMENT PROCESS IS STOPPED, WHAT TENANT CAN DO AGAINST DEVELOPER/BUILDERS?
Anonymous
31 March 2010 at 12:13
trust has got the rights to develop the garden in open space of layout within corporation area, ulternatively the trust is allowed to construct a meditation hall in the same garden. what is the legal position of a trust as far as owenrship is concerned. or the future problems may arise in smooth use of meitation hall?
Anonymous
30 March 2010 at 21:01
Hi,
Can a land owner (currently occupied by tenants since 40 years and not paying rents)
of the suburbs; sell FSI (1.33~2) or TDR to any xyz developer within the suburbs ?
1) Can this transaction take place and will
this transaction be treated as valid and legal ?
2) What should be the actual procedure if this kind of sale has to take place ?
Your expert advice is highly appreciated.
Thanks and Regards,
Legal Eagle
30 March 2010 at 15:14
Hi. A charitable institution has a piece of land which is agricultural. The names of the trustees shown is that who have expired. Is it necessary that the new trustees whose names have to be brought on the property card have to be agriculturist??
What is the procedure for bringing the names of the present trustees who are non agriculturist on the property card?
The trust is not interested in converting the land from agricultural to non agricultural.
Please its urgent.
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Equitable mortgage by deposit of title deeds
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