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Anonymous   27 July 2018 at 17:50

Ulc patta

Hi,
Recently I bought a property which is under ULC, the seller has obtained patta in his name. Now the registration of this property is done, What is the formality for name change of this Patta, and can the necessary building permission can be obtained?

Saleem

Anonymous   27 July 2018 at 15:41

Property inheritance

Can a daughter claim her right on the immovable property of her grand father.But the said property has already been converted into her fathers name in the RORs.
Pl clarify about the right of a married daughter on the inherited property not yet partitioned/already partitioned between the brothers of her father.
What is inheritance of generation.Her father is alive and grand father is not.

lalitkumar   27 July 2018 at 13:31

Return of token if agreement is not made

Hi Team,

I Took a token of Rs. 1 lakh for selling my property in mumbai few months back and no agreement was made for the same, it was just cheque payment. But due to misbehaviour of the agent the buyer cancelled the deal because of which i took the papers from him and now he says that the deal was cancelled from my side.

The token money which i took, i invested in another property and no agreement was made. Now since this deal was cancelled i had to cancel my deal in another property.

The buyer is demanding full money back. So i contacted the another person to whom i paid the token amount. Now the other guy is refusing to give my money back.

What can i do in this situation? Please help me.

Anonymous   26 July 2018 at 22:21

Procedure of payment by loan giving bank to seller

Dear sir
I have recently enters sell agreement for my flat at jodhpur. The buyer has got loan sanctioned form SBI.
Now sales deed and registry is pending
The image f ready cheque has been sent to me
But according to buyer cheque is with bank and it will be given when registry copy is deposted with bank

1.Does the loan giving bank mortgage the property and is their name included in sale deed and registry papers ?
2. Normally payment is received by the seller at time of signing sales deed as transaction completes . Registration of sale deed is statutory requirement only
3.What is my safety as seller. Without receiving the consideration amount cheque how can I get sale deed signed and get it registered in buyers name at estate office ?

what procedure is fooled and should be followed

In normal non loan bank cases , there is no problem full payment is given by buyer and sale deed is signed and same day or in a few days both go to get it registered at estate office. The key of house is given on clearance of cheques etc in sellers bank. along with possession and handover letter

kindly advise practical safe and legal procedure in this case and how it is normally done as so many people take loan.

Anonymous   26 July 2018 at 16:39

Legal heirs for ancestral property

Sir,
I have a property in the name of my father, have obtained staff home loan from bank and completed construction totally in the year 1998, loan amount 10 lakhs, now my grown up sisters along with brother-in-law's served me a notice to distribute total property equally, which is unfair, request advice, i can produce home loan documents from bank and other sources at that time. Request advice, received notice from advocate on 26 July 2018.
Also i am ready to distribute property but i cannot compensate my house loan at that time.
D Sudhakar
9494863015

Anonymous   26 July 2018 at 13:55

Share of property as per muslim personal law for sunni's

Hello All ,

I need a legal advice about how the property would be distributed among the below family members.

A(Deceased Mother) has a house worth (1Crore) to be distributed among the later generation , and she did not left any will.
A has one son "S1" and 3 daughers "D1 , D2 , D3".
Son S1 is also deceased (after his mother A) her wife "W" has two daughters "WD1" , WD2"
D1 has one Son - "D1S1"
D2 has one daughter - "D2D1"
D3 has two son and one daughter - "D3S1" , "D3S2" , "D3D1"

What will be the share of each individual in percentage ?
What is the maximum share wife W along with her two daughters WD1 , WD2 can claim assuming they are the same party.

Dinesh Kandpal   25 July 2018 at 17:41

Transfer charges

Dear Sirs, We paid transfer charges to builder to get NOC, so as to avail bank loan in year 2011. Our society though registered in 2009 was not taken over by society and was recently taken over in 2017. Now the newly elected MC wants all such flat owners to pay transfer charges of 25000 each for all resale transaction happened between 2009 and 2017? The list handed over by builder to society includes all new owner names as well, so is it valid on MC part to ask for transfer charges again? Can we register a complaint with registrar as they are holding all share certificates ! Pls guide.

Nitin   25 July 2018 at 16:31

Gift deed from father to son

Respected Sir/Madam,
My Father owns a Mhada flat which he wants to transfer in my name. I have a few questions like, though we have completed 5 years & the Society is registered still-
1) Do me & my father need to go to Mhada for father-son verification ? (like father willingly wants to gift & not forced.)
2) Do I need to take NOC's from my 2 elder brothers

Kindly advise.

Tjhanks and Regards,

Nitin

Chandraprakash B. Morjal   25 July 2018 at 15:19

Unjustified maintenance charges collected by builder

I have purchased a flat in Khativali Village of Shahapur Taluka in Thane District and got possession in 2013. The agreement for sale states about payment of building maintenance charges @ 1686/- per month for 3 years from the date of possession of the flat. Since the charges were unjustified and higher side, the builder was asked to form CHS or RWA immediately after the possession of the flat but the builder did not allow the residents to form the Co-operative Housing Society (CHS) or Residents' Welfare Association (RWA) unless the construction work of adjacent building is completed. Even on to-day the construction work of the adjacent building is not completed, and, in this way, the builder is continuously forcing flat owners to pay higher monthly maintenance charges at unjustified rate of Rs. 1686 per month (increased to Rs. 2248/- per month from 01-04-2018). As we know, in general, the maintenance charges are a sum total of Annual Repairs at minimum 0.75% of construction cost of a new building/flat plus reimbursable other expenses incurred by the builder on behalf of the flat owners. Accordingly, I have asked the builder to justify maintenance charges @ Rs. 1686 / 2248 per month for which he has chosen to be silent.


The builder is running the Real Estate business in the name and style of "Lakshmi Developers" but for the purpose of Maintenance Charges he has created a separate and independent entity in the name and style of "Lakshmi Developers Vrindavan" without consultation with the flat owners. From July 2017 onwards, flat owners are being forced to make payment of GST @ 18% even on reimbursable other expenses like Panchayat Tax, NA Tax, Electricity consumption for common premises, etc. Had the builder allowed the flat owners to form Co-operative Housing Society (CHS) or Residents' Welfare Association (RWA) within a reasonable period, the payment of GST on Maintenance Charges would have been on different footings. In view of the fact that the builder is running separate and independent entity like RWA, the payment of GST may be governed by such rules as applicable to CHS / RWA.


In view of the above, I am in need of your expert advice in light of the existing rules, regulations and practices in the matter relating to maintenance charges and GST thereon in such forced circumstances as explained above.

Ramesh   25 July 2018 at 14:09

Ilegal transfer of khatha by submitting a forged family tree

Hi

My grand father has about 6.5 acres of ancestral land in nagamangala taluk , Mandya District...
He passed away 2008 leaving my mother, my aunt and my uncle ..i.e.1 son and 2 daughters...
My uncle(mothers younger brother) has forged and created a fake family tree stating that he is the only son and excluded my mom and my aunt...thereby Transfering the Khatha in his name....

I have come to know fact recently and have applied for the Family tree in Thasildars office asking for the family tree..They made me run around for many days and were giving some lame reasons..
so i have applied for the family tree in RTI act and am waiting....

Am planning to approach the AC Court and cancel the khatha and file a criminal case against my uncle...

Kindly advise what else can i do...and the CRM IPC sections where i can prosecute..

Regards
Ramesh