Niranjan
01 June 2018 at 17:26
My neighbor has built a grill partition in the common passage. He also has used my side on the wall and clamped the Grill to my side on the wall. He is saying he did it a few months back and now is not willing to remove it. He says ask others to remove and he will surely remove. The other floor guys also have done. I donot get much from the Association as it is formed very recently and they donot know much also.
What is my way here?
N'Jan
Anonymous
20 May 2018 at 17:23
I'm a buyer entered in to a property sale agreement (not registered)with a seller in Coimbatore(,tamilnadu) to buy a resale property which is under mortgage. Agreement time period is six months,5 months have elapsed.out of 100% of sale value ,50% of sale value is under mortgage loan and I paid 40% of the sale amount as advance where cheque numbers are Incorporated in the agreement document and as I got possessory right and with seller's oral consent I spent huge sizable value on renovation and seller himself has witnessed the renovation process as he is residing in the immediate neighborhood apartment .Just before the agreement is about to lapse in few days, I came to know the seller hasn't settled the loan using our advance and hasn't got the title documents ready,now he is trying to breach the contract after getting renovation done in my expenses and trying to sell the renovated property at my expenses.
What is the remedy for my situation?
1.) How to legally get him register the title in my favour?
2.)In other case What are the options to recover my entire advance amount including the renovation expenditure?
3.)agreement period is 6 months,5months have lapsed,also agreement not registered.will it have any implications?
Anonymous
20 May 2018 at 17:19
I'm a buyer entered in to a property sale agreement (not registered)with a seller in Coimbatore(,tamilnadu) to buy a resale property which is under mortgage. Agreement time period is six months,5 months have elapsed.out of 100% of sale value ,50% of sale value is under mortgage loan and I paid 40% of the sale amount as advance where cheque numbers are Incorporated in the agreement document and as I got possessory right and with seller's oral consent I spent huge sizable value on renovation and seller himself has witnessed the renovation process as he is residing in the immediate neighborhood apartment .Just before the agreement is about to lapse in few days, I came to know the seller hasn't settled the loan using our advance and hasn't got the title documents ready,now he is trying to breach the contract after getting renovation done in my expenses and trying to sell the renovated property at my expenses.
What is the remedy for my situation?
1.) How to legally get him register the title in my favour?
2.)In other case What are the options to recover my entire advance amount including the renovation expenditure?
3.)agreement period is 6 months,5months have lapsed,also agreement not registered.will it have any implications?
Mansoor
07 May 2018 at 02:33
Hi,
My parents live in Bangalore and they were leasing a home in JC Nagar. And lease is valid till January 2019. We came into that home in January 2016. It was a total of 3 years lease. As soon as we joined the home after 2 months, we came to know that the particular home which ever we are staying is in bank loan and landlord is not at all paying the EMI for the home. He lives away from his house, in a rented house. Monthly once bank people would come to my place and they were threatening us to vacate the home as landlord is not paying EMI for the home and there was a huge water problem also. On calling up landlord and saying these problems he was not taking any action and he used to blame us for the complaints.
We got irritated with these problems and told landlord in April 2017 that we are going to vacate home in 3 months and told him to return back the lease money(as per lease agreement). But there was no response. Every month we used to call him up and tell him to return the money. But as usual there was no response. And in December 2017 we vacated the home and shifted to a new home. While vacating he told us he will return the money in 3 months and he threatened us to return back the keys. But we didnot return the key.
Till now there was not even a single penny returned by him. And every month he is saying that he will return the money next month. Already it has been 6 months, we are not staying in the home and money is with landlord only. What action can we take on landlord as the lease agreement is not yet completed.
Even if we take any action, will we get any interest amount by landlord for this 6 months. Could anyone please suggest me on this.
Lease is on my father's name.
Thanks,
Mansoor
Rajesh Gupta
31 March 2018 at 16:20
I booked a flat in June 2017 with booking amount 3.25 Lakhs. But in Jan 2018, deal went off due to some reasons. Now, when I went for refund of the booking amount, builder said "they have paid 1.30 Lakhs as service tax (45% service tax of total property price). And this amount is not refundable in GST regime."
While going through internet, I found that in GST, service provider can issue a Credit Note in case of cancellation to refund the service tax paid. (But I am not sure if this information is correct.)
I also got to know about below law, which can be applicable. could you please explain below mention law in layman terms.
Sec 142 – Miscellaneous transitional provision
(5) Every claim filed by a person after the appointed day for refund of tax paid under the existing law in respect of services not provided shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944.
Pushpalatha H
26 March 2018 at 14:13
I would like to know the rules/law regarding giving our property for a road to the adjacent property.
Anonymous
23 March 2018 at 01:13
I have bought a property in Navi Mumbai one year back. The property is constructed on a CIDCO Lease plot. The seller has been paid full (100%) amount of the sale agreement. The sale agreement is registered with the registrar along with full payment of the stamp duty and registration charges. The seller has given a signed letter of hand-over of the vacant possession of the property to me as well. The lease of the plot needs to be transferred in my name in CIDCO records. For this transfer, CIDCO requires a Sale Deed (Deed of Acquisition) to be signed between seller and buyer and registered with Registrar of properties. The seller is not presenting himself to sign-off the sale deed and its registration and demanding extra money to execute the sale deed. Unless the sale deed is registered, the property is not legally transferred in my name. To pressurize me into paying him additional money, the seller has cut-off the cidco water supply to my property by submitting an application to CIDCO, under the excuse that the property is still in his name in CIDCO records.
What is the suggested course of action for me as I do not wish to be extorted by the seller for registration of the sale deed?
PARMOD SEHGAL
22 March 2018 at 13:17
I am looking for a specimen of Agreement between a Real Estate Developer and RWA for taking over of the maintainable services by the later from the former. Can some body help me with that.
Anonymous
20 March 2018 at 03:46
Hello Experts,
I bought a piece of land in Bihar and got it registered on my name 2 years ago.
I applied for Mutation just after registration. After some days I got a notice that my application for mutation is cancelled because someone has claimed it as his own. When asked, the officials said that the claiming party has said that the land is in their name according to land survey of India. The broker who sold me told me that land said claiming party may have put his name by fraud into the land survey document but there is a verdict of Honrbl Supreme Court of India which states that land survey document is not valid without registration. He suggested me to file a case in the grievance department.
It is been more than 2 years and the status is-
1) Claiming party did not show any documents to the grievance department after so many dates
2) Case transferred to magistrate and same thing happened
3) Now the case is at LRDC.
Please somebody help. Due to these delay I am going through many ordeals. Have taken loan of huge amount for education of children as all the money I invested in that land.
Thank you.
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Sale of agricultural land in maharashtra
My mother in law & her brother & sisters have their names on 7/12 for agricultural land in Maharashtra along with a Tenant (Farmer) who is cultivating the land for many years.
The Tenant has obtained certificate (Namuna 9 Rule no 18) under 32 M under Act 1948.
Now, my question is can we sell this land or the land now belongs to Tenant since he has obtained certificate 32M? Or we can sale our portion of land as per 7/12?