Kartik dhar
05 December 2010 at 23:51
Hello Sir,
I am writing this email on behalf of my father-in-law and mother -in-law who wish to donate their 1BHK flat residential and one shop in a commercial establishment situated in Mumbai city to myself (Son-in-law) and my wife ( doner's daughter).
1. Kindly let us know what are the documentation required in order to ease the donation and transfer of both the properties in my and my wife's name.
2. Also, my wife wants to gift me a second hand swift car. Does this require any kind of gift deed made or donation deed made?
3. As for the property is concerned, does the donation/gift deed has to be registered?
Awaiting your reply
Anonymous
05 December 2010 at 23:30
One reputed Housing Society makes an advertisement/offer of sale of its property through a webpage advertisement which is silent on the aspect whether Bank loan is available to buy the property.
However, on contacting the Chairman of the Society, he confirms to the buyer that bank loan is available because of which buyer does not make any enquiry about the property and the promises which are made about the property in the webpage advertisement.
Chairman also falsely states that Bank had approved the project for availing loan through the designated email id mentioned in the webpage advertisement.
On reaching bank along with the Allotment letter, buyer comes to know that Society has given a picture to the Banker through the documents of the property submitted to the bank that it is a purely residential property, whereas in the webpage advertisement the description of the property is of Commercial nature.
On asking the documents of the commercial venture, Society remains silent.
Can society give two different description to the Banker and entirely different to the Buyer? and especially when over and above the description of the property as stated in the webpage advertisement, society Chairman has categorically mentioned through email that Bank had approved the Project of availing loan.
In this entire episode Society lastly cancels the registration/allotment letter issued to the buyer and deducts money over and above despite using money of the buyer for over two and a half months.
Buyer accuses Society of Cheating, as he has suffered financially and also Breach of agreement, as society in order to run away from the Contract, refunded money to the buyer against his wishes.
Will the Criminal and Civil Charges sustain, if all the facts as stated are established beyond any reasonable doubt?
Anonymous
05 December 2010 at 22:53
Can a building occupants/ Flat owners form a registered cooperative housing society if the building is illegal since the 3rd floor was built without BMC, Mumbai permission/ Approval. Sanctioned Plan is only upto 2nd Floor and also -2- flats of 2bhk is sanctioned whereas -3- flats are constructed i.e. -1- 2bhk, -1-1bhk and -1-room kitchen flat on each floor.
modi kamal
05 December 2010 at 21:51
Dear Expert Friends,
I recently sold my flat (which I had bought
in 1988)in November'2010.After cost indexation net long term capital gain is coming to Rs.1.80 Cr.Against this gain I wish to buy a property for my self for Rs.1.25 Cr.(As of now I do not any property in my name)
(1)Where to invest balance gain amount to avoid paying tax?(2)In balance sheet as on 31/03/2010,I have about 7 Lac share loss being carried forward.Can I adjust this amount against net long term property gain?(3)This year i.e from 01/04/2010 to 31/03/2011,I am also having long share income.Is it going to exempted as usual procedure?
Thanking you in advance for your kind comments.
C S PATANKAR
05 December 2010 at 20:18
Generally, when you come across a brochure describing property, or its advertisement on the webpage, as a buyer you need to verify all the claims of the builder/housing society and then only invest money to buy the property.
What if you have deposited meagre money for registration of the property and then ask the builder to produce all the documentary proofs of the description/specifications mentioned regarding the property and the project in which it is located, and then instead of producing the proofs as demanded by you, he refunds the money against your wishes.
Can you make a case of Breach against him i.e. the builder?
If not, why?
Anonymous
05 December 2010 at 01:49
I want to know, if I purchase a flat in delhi through sale deed, then Do I need to apply for mutation of property for tax payment separately or sale deed itself will make me automatically liable for tax payments. Please answer.
thanks in advance..
G Vijay Kumar
05 December 2010 at 01:21
My grand mother after the death of my grand father made release deed to my mother for 174 yards in 1990 we have not registered it in sub-register office now we like to register the land on my mothers name.
Now my grand mother,his daughter and husband are demanding money to register land on my mothers name. what to do.
Sameer
04 December 2010 at 22:53
My Grand-Father gave me a property in Rajasthan.
The Property had been already rented and now its more than 30 years since its been rented.
Currently the Rent is INR 2500PM.
Can I file a suit for Eviction?
What can I do for Eviction?
Anonymous
04 December 2010 at 22:49
Dear Experts
My Father in law has 6 daughters (5th one being my wife) and they have land on daughters name but due to some reason they have sold some of the property and for the remaining property they have signed a sale agreement 12 years back at a rate which is far lesser(10 times) than current property value. And the buyer has paid some 60% of the agreed value at that point of time. And after that he has not comeback to pay the remaining amount. Now that the property value has gone up drastically he came to pay the remaining amount and insists on the registration of the property on his name. Now when we checked the agreement now we found that he has worded it in such a way that whenever he will pay the remaining amount he will pay with certain rate of interest to us. Now the matter is such that if we are to honor the sale agreement we should be accepting the 12 lacs of cash and tranferring the property worth 10 crores. Please suggest whether we have any point on our side to fight for justice. Infact he filed a case against us that we have not honored the sale agreement in last 12 years and we are not interested in the same etc etc.Please help
Fayaz
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mortgage
The registered mortgage was executed in 1945 for 100 Rs with condition that
1. 50 towards clear the previous mortgage and remainder Rs 50 for the mortgage, Period is 3 yrs.
2. The mortgagee can continue to enjoy the property till the redemption for the interest of the money.
But the possession was retained by the mortgagor till today. The mortgagee files the suit for declaration by making the false statement that lawful possession and enjoyment with mortgagee. The mortgagor proved the physical possession with revenue records.
The mortgage was 60yrs ago and no notice was issued to mortgagor to redeem the mortgage,
Regarding the same to make “mortgage is null and void" related judgments are required.
Please help