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Pavan   21 September 2015 at 12:10

Stamp duty

Dear Sir

We have query regarding STAMP DUTY on property in Mumbai.

a)
Allotment letter in Sept 2010 @ Rs. 9000 psf (purchase agreement with developer)

b)
Possession expected Sept 2015 (market rate about Rs 15000 PSF at present)

c)
Developer advised that Stamp Duty payable on price fixed by Land Dept. @ Rs. 13000 psf.

Our question: why we can not pay Stamp Duty @ Rs 9000 psf at purchase price; as we bought directly from developer @9000.

regards
Abhinav

ars   21 September 2015 at 10:42

Nuisance in chsl

1. A committee member, duly appointed by the members, creates nuisance in every meeting, for petty things, even goes against other members of committee. how can he be removed or expelled from the committee?
does the other committee members has any right to do so? only members can do so?

2. A member duly pays his maintenance charges, but does not pay other billed amounts like repair fund and other common contribution. he dues are since last two years.

can he be charged interest on the dues other than the maintenance charges?

Monish Nilwant   21 September 2015 at 09:39

Collections of parking fees by builders/developer

i work in an office in Pune (Maharashtra). we are the owners of office in a commercial building. We have purchased the office. Are we as employees of office liable to pay parking charges for our vehicles to the builder/developer.

I know in residential building builder cannot sell stilt or open parkings..
but what about charging parking fees in a place where you work eg commercial buildings where you work.

And should we pay parking charges when we go to malls/cinema halls/resturants or other commercial places.

ramakrishna.r.b   20 September 2015 at 23:02

Handing over of apartment by builders

Dear sir,
We have 50 flats in our building newly constructed in bangalore. Approval is there only for 48 flats. Apartment has been built on a joint venture bet builder-cum-developer and the land-lord. Land has got a-katha whereas the building has violated rules while construction. Builder says he cannot give OC and CC to the residents. Both builder-cum-developer and the land-lord have one flat each unauthorizedly constructed on the top floor. it is g+4 floors with cellar floor for car parking. So far there are only 17 residents who have occupied the flats. Rest 33 flats are still vacant belonging to builder/land-owner. Builder has collected ST and VAT from the residents by way of chq/cash for which receipts have not been given. They refuse to give receipts. They have collected maintenance charges from the residents for 6 moths at the time of possession.
There are many pending issues with the builder and the builder bent upon handing over the building by November end to the residents. we the residents do not have any association to receive. Builder says he can handover to any one resident and from December on wards we have to maintain. Also builder says he will pay for the unoccupied flats the maintenance charges. Builders are bogus people we cannot believe as they have grossly cheated us telling that we will get you a-katha. we came to know now they are number-one cheaters. all the residents are afraid to ask the builder any favour.
What shall we do now as the builder is forcing on us to take over by November end. How can we get a-katha, ST and VAT receipts for the payment made by us ? should we have to form an association and register it ? How does the association protect us ? suppose the builder refuses to pay maintenance charges what is the recourse ? How can we force builder to complete the project ? there are many lapses in the construction how to rectify that with the builder who is so adament ?

Harish Kumar   20 September 2015 at 21:49

Wrongly name mentioned in Will

Hi, my great grandfather had written a Will for the property selft acquired by him (agriculture land). Which is also registered. He has written Will on male children of his grandsons i.e. on me and my cousin's. My great grandfather also mentioned that his son (my grandfather) and his all sons(my father and his brothers) can only enjoy the property but cannnt sell. Now my problem is we wanted to sell a portion of land. My name and my brother name is mentioned wrongly. How to legally resolve this. Pls help

MUBEEN KHAN   20 September 2015 at 19:52

Shop tenant

Hi, I am living in Orai U.P and I have a small battery business. I am tenant of shop more than 35 years, I was paying rent and electric city bill regularly but my shop owner has sold the shop secretly and without any notice. So please guide me.

Nischay   20 September 2015 at 17:41

Buying a flat in bangalore without oc/cc cert.

Hi All,

I am looking to buy a property in Bangalore. I have converged to buy a flat, which has satisfied me in terms of locality, vaastu and many more. But the builder is refusing to provide OC/CC certificate as the flat has some deviation from approved plan of BBMP.

My concerns,
1. What all problems will arise if there is no OC/CC cert. ?
2. Approved plan is to have 4 floors and the builder has built an extra 5th floor which deviates from the approved plan, if I buy a flat in 3rd floor, will it be a problem?
3. Most of the PS banks including SBI is issuing Loans on the property, I beileve this rules out the litigations involved in the site, please correct me if I am wrong.
4. Why hasn't govt. made OC/CC cert. mandatory for registration, as its not mandatory for registration why will it be a problem to sell a flat without oc/cc?
5. Flat's which obtain OC/CC cert. are being sold at higher price, close to 20lacs more than the one which doesn't possess Oc/CC, which I am not able to afford. Please advise.
6. Builder has clearly told that if akrama-sakrama law to be enforced, All residents should pay the fines and get it regularised, and he is not responsible for it.
7.How problem is it to sell/mortgage such a flat in future? if banks are giving loans why cant they mortgage the same property?
8. how to calculate the % deviation from the approved plan?

looking forward for your valuable answers.

Thanks and Regards,
Nischay

Naresh   20 September 2015 at 13:50

Ideminity Bond

Can The Ideminity Bond Self Signed & Attested By Notary Be Challenged In Court .....
What is the procedure to challenge the same , as it is given to puda department to get the property transferred and further the same property was under stay in court , as dispute between buyer & seller and further the buyer won the case of specific performance and got decree executed. But now puda is demanding non construction charges for the litigation period against the same declarations in indemnity bond signed by the buyer !!!!!

sreedharan   20 September 2015 at 13:11

Issue of encumbrances certificate by registering office authority

me and my sister in 2008 procured a plot of land from the neighbour to have 4 wheeler traffic to our homes.the deed was registred in our name(50:50). but the registering authority issued encumbrance certificate in my sisters name. Based on that the village office issued the the Mutation certificate in her name.Since then she is giving the taxes for the land till now.
NOW SHE SAYS THE LAND BELONG TO HER AND I HAVE NO RIGHT IN THAT. THREATEN ME THAT SHE CAN EVEN STOP MY ENTRY TO THAT PLACE.

IS IT CORRECT. THE PROPERTY WAS PURCHASED WITH EQUAL MONEY AND REGISTERED IN OUR NAME.

rajkumar   20 September 2015 at 13:08

m.o.u

Whether the m.o.u signed out of court and just notarised but not registered in court of law is valid