Anonymous
16 March 2011 at 15:07
I would request the learned experts to kindly opine on the following.
I had entered in to an agreement with a builder at Gurgaon to buy a flat. I have the allotment letter , agreement for sale with the builder & demand for installment payments issued by the builder. I have paid the entire consideration before 3 years but could not register the sale deed since I was away. Now I want to sale the flat with out registering the sale deed in my name. My quiries are:
1) Can I sign the sale deed as the vendor or I shall have to sign as the confirming party whereas the builder will sign as then vendor.
2) Will the registering authority accept me as the vendor of the flat with out myself having any registered sale deed in my name?
3) Is there less stamp duty required for registering sale deed with co-operatives at Noida? What is the percent?
4) In what way can I sale the said flat with out first registering the sale deed in my name?
5) After selling the flat can I claim the profit as LT Capital Gain & save tax by buying dwelling house and/or investing in infrastructural bonds? Some said no I can not claim LTCG since I do not have the title of the flat & it is simple business gain. Some said yes I can claim as I have the right to title of the flat which I can pass/sell.
6) What is right to title? Under what section a person having right to title but not title can claim a profit/ gain as LT Capital Gain after selling the said right to title?
Ashish
16 March 2011 at 14:47
If a sale deed took place between two parties A and B where A want to sale house to B but A lost his own original sale deed. Sale deed between A and B says that B would pay the amount to A by bank loan within certain number of days. There is no cancellation or penalty clause in Sale deed. Now B want to apply for bank loan but bank need original sale deed from A , what should be done in that case ? B can not pay to A without loan and bank do not give loan to A without original sale deed from A. This is a kind of deadlock.
Anonymous
16 March 2011 at 03:07
My father had purchased a terrace in our building from our landlord in 1998. In 1999, the society was formed & in 2000 an Indenture of Conveyance was made. The terrace belonging to my father has been mentioned in the Indenture of Conveyance Schedules as a property of my father & Stamp Duty on the entire society + individual flats / garages / terrace was paid with penalty in 2008. This Indenture is yet to be registered. However, the original & xerox of my father's terrace purchase agreements is untracebale & the same is also not registered. There is no other document or reference of the purchase in any communication except for the Indenture of Conveyance mentioned above. The society members are completely aware of our purchase & we have been using & in possession of the terrace since 1998. Pls suggest legal & practical options as to how we prove ownership & also avoid any action by society / anyone else.
Anonymous
15 March 2011 at 23:20
hello sir, actually we sold agricultural land of 14 acre to a party,but by mistake talati made entry of 24 acre in document.we did'nt knew it.now the party sold land to another party considering it 14 acres as he did'nt knew abut the documents.but now the knew party wants to acquire 24 acres of land..but we actually sold only 14 acre.so now he is tryin to grab extra 10 acres of our land..an court case is goin on,and we got stay on the property.so now what are our chances in this case..and what should we do...please guide.
allurisivajiraju
15 March 2011 at 21:32
Respectyed Seniors,
Mr.'X' purchased a vacant site in public auction conducted by a Court in execution proceedings in the year 2006. Later Mr. 'X' deposited entire sale consideration in the court and obtained a sale certificate and also possession of the vacant site from the court.
Now Mr. 'X' is put the said vacant site for sale. But purchasers are refused to purchase the same since the said sale certificate was not duly registered in concerned registrar office. In fact Mr. 'X' not registered the said sale certificate in registrar office till now.
Now my doubt is Mr.'X' can sell the said vacant site without registration or not. If he sold the same is it legally valid or not.
Sandeep Jaiswal
15 March 2011 at 15:37
Can all the flat owners be asked to vacate their flats in case the plot of land on which the flat is built is not title free from the builder's side? If yes, will the flat owners get their money back from the builder?
Devendra Prakash Kulkarni
15 March 2011 at 15:15
Our Flat was in the name of my Grand Mother, but she expired few days back. What is the procedure to transfer the Flat on my name (Grandson or her daughter-in-law's name)?
Its urgent please help..
Chandrika Subramaniyan
15 March 2011 at 09:13
Chennai
I had proposed to sell my flat in Chennai about 6 months ago and communicated this with the Tenant who is living there. Tenant was ready to buy the property and a price was agreed upon. After submitting copy of all relevant papers to the tenant through a lawyer, Tenant has been postponing the sale for now almost 3 months from the recipt of all proper documents (copy )of the property. Tenant is given time limit till 15 mar 2011 to conclude sale.
I am in a dilemma as to how to proceed further. I would be grateful for advice
I do not want to chase the tenant for ever for verbal notice in amicable conversation etc of 6 month had been given. Perhaps I should give a notice to vacate in writing citing property required for own use, and then perhaps if Tenant is able to conclude sale within the period then both tenant and I stand to benefit. But if not then I suppose we have to proceed legally which is detrimental to my convenience although I may not be left with any other choice.
Perhaps finding another party who is willing to buy the property with the Tenant (Guess unlikely ) may be an option but then that may put me in a disadvantage to negotiate on price.
I really would be grateful for your expert opinion and guideline based on practicality.
Thanking you
Sincerely
Chandrika Subramaniyan
Anonymous
15 March 2011 at 04:54
Hi,
I would like to buy an NA plot of about 2000 sqft on the outskirts of Latur. I am in US, so for now I would like to register it on my mothers name who is in India. Later, if I have to transfer that plot on my name, how much would I have to pay the stamp duty and registration charges? Is there a better alternative to that like sending POA?
Thanks,
Anil
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sale of property ?
sir,
My case no. is TP/446/2008 as i am having letter of administration from court that i am the administrator of the deceased flat i wanted to sell the flat but society lawyer says that administrator doesn't have right to sell you have to take permission from court
kindly guide me what is the law and how long does it takes to get permission from court and normally what are charges ?
regards