SAA_Bombay
29 April 2015 at 16:58
Dear Experts,
One of the member from our Society has not paid transfer fee while he purchased the flat approx 12 years back. Now, he wants to sell flat & society discovered that transfer fee is pending. What should society do? should society collect transfer fee as per current applicable rate or rate that was 12 years back? & again, when he will sell his flat to third party, even that time he has to pay transfer fee? Pls advice.
himrathore
29 April 2015 at 15:57
How is stamp duty calculated for under construction apartments, where distribution of cost is as follows:
Basic Selling price : A
Preferential Location Charges :B
Parking charges : C
IFMS (Int. free maintainence security) : D
External/Internal Dev charges : E
Club Membership : F
While the builder has agreed to execute conveyance deeds for direct buyers on stamp duty paid on (A+B+C) but on the other hand for transfer cases he is asking on full amount i.e. (A+B+C+D+E+F).
While I have seen registry copies of big builders where stamp duty is only paid on A+B+C for transfer cases as well, can anyone please guide on the matter.
BRIG SHYAM HANDA
29 April 2015 at 14:28
A freehold plot was registered by my father 50 years back on the name of my eldest brother since he was to raise loan from the department to complete construction of single storey.It remained joint family venture till 86. A family agreement(unregistered and without witness in attendance) written by father and duly concurred by the eldest son whose name the property was registerd, was sent out to all brothers and sister. Youngest two sons were permitted to construct their respective floors and the existing floor went to the eldest brother. These three brothers compensated the 4th brother as per directions contained in the agrrement. There is no will. two floors were constructed with self financing but it stood in the name of the eldest brother. Subsequently he declared ownership right and freedom to use respective floors by his younger bothers. He also declared that he had not spent any penny on these floors though water and electricity meter remained on his name. House tax was shared by three on completion of two floors. First Father died and eldest brother also passed away suddenly due to heart attack. family deed remained in draft state. Ground floor was occupied by his widow, and with partition in between, two sons. First and second floor remained in possession of the respective younger brothers for 18 years before they physically moved in after retirement. New Water and elecricity meters after obtaining NOC from the legal heirs, were installed/ trqnsferred on their names and rather sharing , they started paying house tax for their own floor. After that nephewes started misbehaving and harrased 2nd floor occupant being a widower and all alone by himself that he handed over possession of his floor in exchange of some token money. For 18 Years after death of brother, the property was not mutated on the names of legal heirs wife and two sons. Within two months of mutation second floor only the constructed portion without roof right, was sold on three times the amount paid to uncle to some close friend the eldest nephew. Then the younger uncle on the first floor became target but he withstood the slaught. He and his family is continuing to occupy his floor. Unfortunately younger nephew expired followed by mother, widow of the late eldest brother, original registered owner. Now first a partition deed was struck between eldor son and the widow of the younger son and in that it has been declared the complete three floors were constructed by thier father.They have 50 % of the Ground floor, and roof which was in common usage of three floors occupants till than and where water tanks are located and also unconstructed area on the second flloo. And the first floor under occupation of uncle is shown as common. After this she sold off one half the grund floor ander within year she rented out her new flat and in calendestine manner under the garb of temporary shed constructed fabricated shed with bath room and tiled and AC fitted room. The mounty is used as kitchen.Access to roof has been denied by putting lock and kitchen enroute.Plan is to rent it out to PGs and subsequently claim further share in case building is sold. She once again disturbed peace and also unlawfully served legal notice demanding rent for the floor.First notice was duly replied. Without disclosing notice she moved to another lawyer and repeated the notice. As senior citizen and retired senior army officer one feels cheated and disheartened after spending hard earned money he had to face such painful situation. However 7 months have elapsed since issue of 2nd notice but there is no furthe development. Advice is sought how to remove an un approved ftabricated structure from the roof now falsely claimed as floor, where no one used as dwelling place. Secondly what remedy is available to obtain title to floor under occupation for 30 years with owned meters, and house tax receipts for 10 years with affidavit from the original owner. What are the irregularities and improprities committed in all transactions done by tal heirs in overtaking the 2nd floor, on mutation document selling it , getting partition deed without any court clearance, claiming solo right on the roof etc. What is leg he leg al implication of issuing a notice of rent/ eviction and not following it up with proper court case.
Madhusudan R Bidi
29 April 2015 at 12:34
Can A yelder brother give gift to Younger brother self acquired property in karnataka
Raju kumar
29 April 2015 at 10:29
Sir i am a spinal cord injury patient, cant able to sit stand and walk.. i hav my original higher secondary mark statement, original degree certificate. I dont have pan card, my election id card was damaged a lot, my name was in my family ration card.. my father wrote a will on me favoring a property belongs to me..
Nw can i sell that property as i dont hav any govt id proof..
Secondly, my family members are also willing to sell the property, no objection from any of my family members, can i sell that property without probating the will.
VIJAYNARAYAN
29 April 2015 at 09:45
I HAVE GIVEN POA TO DEAL AND SELL A PIECE OF LAND BELONGING TO ME ABOUT 2 YEARS BACK. NOTHING HAS TRANSPIRED IN THE LAST 2 YEARS WRT THE DISPOSAL. CAN I NOW REVOKE THE POA GIVEN
Dinesh Kandpal
29 April 2015 at 02:02
Dear Sir, we are a project with 2 societies in one plot of land, wherein one society A is managed by society themselves and other society B is still with builder due to incomplete project. With lot of hardship, we have managed to make builder pay penalty for regularisation of society A, but now after regularisation of construction whoch was done without CC, society A has put in an objection with BMC to not allow builder to use premium FSI to take CC for pending construction of Society A and B both, so now what can society B do to get CC for pending construction without NOC of society A? Pls guide!
sanni
29 April 2015 at 00:58
Sir/Madam my uncle is going to buy a property(residential plot) but my friend told me that sometimes owners can have done an agreement on property with any other person.sir my question is that suppose if owner have done any type of agreement with any other person and he does registry on my uncle's name in jda(the plot is jda approved and the registry will be done in jda Jaipur development authority's office) than can my uncle face any type of problem or the registry can be revoked.And what can we do to safely buy a property.plz help....
JEGADEESAN
28 April 2015 at 21:59
Dear Sir,
I wish to clarify a doubt regarding the following
1.Mr. A had passed away on 14.06.1998 & have 2 Sons namely B. C (one dead -B) & 3 Daughters(married & dead).Now the son of B has planned to a house in the property bought by Mr.A. Actually each share of the property has not been divided & everything enjoy by the B's Son.Now is it possible to raise any objection by the other 4 person while construct the house?
Further the B had availed the bank loan on the same property in 1998 & Pay the tax after his father's death and his son can establish the same.
Further what is the way to get the relief from others objection?
Is there any provision under the law, to get the stay order to do not disturb the B's son while construct the house by other legal heir of Mr.A?
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Probate of a hindu spinster
a hindu spinster aged 89 died recently[2014] in Mumbai.On search we found a WILL written in yr 2003.it seems to be in order.
Nephews[2] as executors & only one beneficiary[youngest brother] has been mentioned in the will also,
the Immovable ppty has been classified as 1] fully owned [residential flat in Aurangabad]
2] jointly held [commercial] with ppty card entry 50-50 % in Aurangabad
3] common family [brothers & sisters] flat in Mumbai -share certificate in Brother's name [since died] -No documentary proof to prove her share/contribution in the ppty.
The FAMILY TREE is as follows :-
* [6] brothers [3 died prior to her] 3 heirs ** [5]sisters including she -[3 died prior to her]-8 heirs
Q 1]taking into a/c classification of ppty where to apply for probate Mumbai or Aurangabad ? Q2] who all are her HEirs to whom notices to b served mandatorily ? Q 3] if the notices r to b served whether PUBLIC NOTICE could b a option legally? Q4]whether court issues the notices[since fees r paid] or appointed lawyer ?