Anonymous
09 October 2020 at 23:13
Hello Respected Sir(s),
I have a Flat in a Co-operative Society in Pirangut, Pune. The Society is still not formed and the builder is in the process of Society Handover in couple of months. I am willing to exchange my allotted Car Parking with another Member (She has a Covered Parking and I have an Open Car Parking) - both are allotted/ designated with Flat Numbers embossed on Name Plates and also mentioned in our respective Flat Agreements. Please advise on the process on how to proceed with this? Do we need to do a "MoU"? Do we need to do any sort of Stamp Duty/ Registration since this is immovable property? Do we need to involve the builder in any ways? Will the builder accept any charges?
Point to Note is that I will be paying a fee to the member as I am taking a Closed Parking Space and giving my Open one. Any guidance will be really appreciated.
Anonymous
09 October 2020 at 17:35
Dear Sir/Madam,
I sold my flat to a buyer with the advance of Rs.1,50,000 for the property saleing rate Rs. 30,000,00 under negotiable. Both the party mutually agreed maximum by the six months property to be registered on buyer name upon making rest all the payment through online / cheque mode. To make the saler (me) trust for the agreement, buyer given two cheques of Rs. 2,50,000 and Rs.10,000,00 for making encash as per date specified on cheque from which first cheque encashed in time , but second one Rs. 10,000,00 buyer told to stop as there was no fun in that account. Buyer further requested me to give some more time to register the property and given two cheques for Rs.3,50,000. I also agreed due to partys request and seing the scenario. I thought buyers payment may come shortly as the old man of the family assure there is some dispute in his pension and process is on the way to get the total pension benefit and expecting a large amount from there, but as also initially agreed to keep him as tenant till the property registration period under mutual agreement Rs.5500 per month, I noticed the payment also coming sometimes irregular. I found their financial some difficulty and every time make request for making the rent payment and used to find out the status of pension. Every time old man was reply that very shortly it will be shorted out. By the time initially they tried to get Home Loan from two financial institute, but failure. Sale of the property signed by old man son and as they require this property, so his father assisting him for finance , but due to father once upon a time , a Personal Loan not paid properly , so his father also became ineligible for Home Loan at this age as they said. Now total period one year eight months over and myself requested them to vacate property for another buyers, who are interested as the advance money also not in my hand . New buyer ready to take the property , but under vacant position. Buyer to whom I sold they are not agreed though I am ready to get the agreement for advance returned on stamp duty paper , but they say not possible. Request your valuable advice legally.
Anonymous
08 October 2020 at 22:12
Whether appointment of court receiver is justified when third party has taken possession of suit property (via sale deed in violation if injunction order) but this is tenancy property and transaction is done without permission of housing authority violating legal provision of prior permission and tenancy right is not transferred in the name of third party (new defendant) and still stands in the name of original defendant.
There is injunction order to not to transfer tenancy right in the name of third party to housing authority.
Can the third party removed from property and court receiver be appointed to seal the property to prevent further alienation as he came in the possession illegaly in violation of injunction and tenancy right does not stand in his name.
Any case law will be highly appreciated.
Thank you.
Ritesh Chakravarty
07 October 2020 at 22:22
Does a notarized AOP have the right to sell property and receive payment
Anonymous
07 October 2020 at 20:53
Sir,
We have lease land in which we have a house and some area is left behind. My father has passed away 21 years ago and mother is alive but my brother had made all leased land in his name everybody near people know that we have share in that land please suggest me something.
Sajjad Anwar
07 October 2020 at 13:48
Selling of house floor wise
Dear Sir,
I constructed of house (G+3 floor) on 20 x 30 ft plot area in Bangalore. Each floor has 1 unit. Now I have decided to sale 1floor .
Kindly advise
1) can I sell individual unit floor wise?
2) plot is A khata, I took loan for construction of house, will I required to clear loan before selling units?
3) will this type of selling house is loanable?
4) what all documents will be required by buyer to obtain loan before purchasing these units?
Anonymous
07 October 2020 at 09:53
Hi sir we are four children of father who own a cidco flat in navimumbai. He expired in september 2020. what is the procedure to get the ownership of the flat so as to be able to sell it later by we four children. Its said that Maha govt. has done some major amendment in related laws which we are not aware of. I request a step by step procedure to get things in proper order. Yes father has made the will & wanted property to divide equally among children.
Your advice in this regard will be hihly appreciated sir,
viku589
Anonymous
06 October 2020 at 17:34
Respected experts,
I own land, and can I transfer the property to the partnership firm or in the name of my partners?
Anonymous
06 October 2020 at 15:09
The suit premises is residential room which is belonged to Housing authority such as Delhi Development Authority (DDA). It is tenancy property and not ownership basis. Only tenancy right in respect of room is transferred in favor of person and not ownership right. Not giving exact details of authority to mantain privacy.
Law through which authority is established says that the prior permission of authority is required to transfer the tenancy right in favor of third person and if transaction is done without permission then authority can refuse the transfer of tenancy and purchaser of room will be unauthorised occupant and can be removed from there and authority will take possession of room.
But in practice people do it without permission and whoever is in possession of room apply for tenancy right transfer in his name saying that he purchased tenancy right from earlier owner and authority transfer tenancy right in favour of new purchaser based on registered sale deed and after verification of possession of new purchaser.
Hence important point to be highlighted is that in this case only sale deed does not constitute the valid title document. Sale must be authorised by the concerned housing authority. Unless and untill sale is authorised by housing authority it is no sale and does not confer full right over room to new purchaser even if he is in possession and purchased property through sale deed.
Fact of the case:
Suit is for possession and it is alleged that defendant has forcibly dispossessed plaintiff and illegally transfer the tenancy in his name in collusion and connivance with housing authority and legal heirs of room. Plaintiff is also legal heir who's right is refused by the defendants.
Housing authority, Plaintiff and Defendant who is in possession is appearing before the court. During pendency plaintiff informed the court that defendant is in process of selling suit property to Mr. A but before registering sale deed, court restricted housing authority and defendant from executing any further document in favour of Mr. A and ordered not to transfer possession to Mr. A.
Possession is transferred and sale deed executed in favour of Mr. A by defendant in defiance of injunction. Mr. A was aware of injunction order though not party to the suit as copy of order was served to him as well.
Mr. A is in possession of suit property whereas tenancy still in the name of defendant. Mr. A is enjoying the property and not even applied to housing authority for transfer of tenancy right in his favour to housing authority. As he is aware that court has ordered housing authority to not execute any document in the name of Mr. A.
Because matter is before court, Housing authority will neither transfer tenancy right to mr. A nor remove mr. A from suit property even the transaction is done without its permission and housing authority can remove mr. A from property by virtue of power granted to it by its law. But stand of housing authority before court is that whatever the court decide is accepted to them.
Now Mr. A is added as party to suit and injunction is sought against him to not to create any further third party right which will be surely granted.
But along with this we have too asked for removal of Mr. A from suit property and order for authority to take possession and seal it as an agent of court receiver.
Contention behind this is that only third party injunction is not enough to preserve the property because Mr. A who has purchased it in violation of injunction order in spite of knowledge of order can obviously sell suit property in spite of injunction order. After appearance of mr. A before court who is refusing the summons of court, court can remove court receiver if he furnish security or satisfies the court.
Whether court receiver is justified in this case? What will be likely order of court? Any judgement of court in this behalf in respect of appointment of court receiver will be highly appreciated.
Thank you and sorry for the long query.
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Possession of flat
I have been demanding final payment of flat from the builder. In the final payment there are huge interest amount included by builder. They also want me to sign affidavit before completing construction work and giving possession.