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Anonymous   10 December 2021 at 11:04

Missing possession letter/certificate issued by the builder

I don't have possession letter and certificate issued by the builder for my flat. All other original copies like registered sales deed, sales agreement , allotment letter etc.are available with me. Now I am selling my flat and buyer is asking for possession letter. How to proceed? Does possession letter/certificate has any legal value? Registerd sales deed already has the possession clause as below

"possession of the said unit has been handed over to the VENDEE, the VENDEE hereby confirms taking over possession of the said unit from the VENDOR after satisfying himself and that the VENDEE has no complaint or claim in respect of the area of said Unit, any item of work, material, quality of work etc., therein."

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Suraj Sonule   09 December 2021 at 13:04

Maintenance charge on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50,000 in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

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Suraj Sonule   09 December 2021 at 12:59

Maintenance charges on a redevelopment project

My property (one shop and one room) in the redeveloped project was ready for posession from July 2007. We took the posession immediately but the OC was issued in 2009 for the building. The Co-op Housing Society was formed in Aug 2016.

Due to some dispute (where supposedly I might be at fault), I didn' t pay the maintenance charges since the posession of the property. It was mentioned in the agreement that after the posession, the tenant has to pay the MC and property tax to the builder and it will be subject to revision as per the new co-op society.

Since then, the redeveloper alleges that he has been paying the MC and tax on my behalf since 2007 and now has charged simple interest on the same @ 24% till 2017 and compund interest @ 24% semi-annually from 2017 to 2021 (from the formation of CHS). There is no mention of such interest charges on maintenance in the agreement whatsoever.

He has also modified the maintenance charges for the shop to Rs.4510 compared to the agreement done before construction which was Rs.2150. The same for the room was left blank in the agreement but still signed by my dad and other parties but now mentions it as Rs.1450 in the bill.

The amount is summing upto 65 lacs on a principal of 7.2lacs. Without paying this amount the builder won't let us have the registration of the shop and the room on owner basis. The bill which he has given doesn't have his letter head or signature.

We have paid 5 lacs in cash for the recovery of the 65 lacs as he was threatening that he can take away our property. Is there any way to recover the money as there's no proof we have paid him that amount. Would an audio recording be a sufficient proof in which he admits of having received those Rs.5 lac?

We have paid Rs. 50k in 2012 towards the maintenance. How would this amount be adjusted in this calculation?

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Swarup kumar das   06 December 2021 at 22:39

After partition deed can apply home loan

I have a joint property with my sister,Now we decided we are construct g+2 bulding.We are going to make Registered partition deed.My sister having sufficient money for construct the property but I can't,hence I need home loan,but my sister not interested for home loan.can I apply home loan in favour of said partition deed.

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Swarup kumar das   06 December 2021 at 22:33

Partition deed

D

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Anonymous   05 December 2021 at 12:31

Clause in gift deed

Grandfather is gifting flat to minor grandson, but has right to share the said flat, take rental income and to arrange for expenses throughout his (grandfather) life. Request experts advice on below clauses of this conditional gift deed.
(1) Actual physical possession of the Said Property has been handed over by the Donor to the Donee, and Donee is in possession of the same at the time of execution of this Gift Deed. Donor, being head of the family, is entitled to share the said property with Donee.
(2)Donor is entitled to receive the leave and license fees, rents, issues and profits thereof and of every part thereof to during his life time for his own use.
(3)All Society charges, Municipal and other taxes, and other maintenance expenses relating to the said Property shall be borne, paid and discharged by the Donor throughout his (Donor) life, and thereafter that shall be borne, paid and discharged by the Donee.

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govinda ramesh   03 December 2021 at 12:26

Hakku patra

I am RAMESH from Bangalore
1.Can we buy Hakku patra property ?
2.he does not have any other documents.he is having only Hakku patra and paying taxes to the BBMP

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Hardik Panchal   02 December 2021 at 20:07

Brother acquired land

The ancestral land was distributed in 2007 and it was legally registered. but in 2017 after resurvey which wasnt informed & we were not aware as we live in another city, the actual area of the land was changed and was included in elder brothers 7/12. After getting aware we tried to convice the elder brother but he is not in the mood of giving our rightful shares back and now he has acquired the part of our land. what we can do in this situation. There is an entry of distribution in the 7/12 which defines the distribution and 50-50 shares of the property can we use that as proof and can do any legal action on them ? please help!

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Saikrishna kandhikatla   01 December 2021 at 13:18

Regarding an appeal not maintainable

My issue is a landlord and tenant issue. We are landlords. The tenant didnot pay the rent for months and now the rent stood at Rs. 3 lakhs. We recently got a decree to collect the rent from the tenant. But, tenant said that he will go for appeal. Now, we want a judgement which mentions that, untill and unless the rent is deposited with the court, the appeal should not be allowed. Can any expert help me in this issue ?

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Anonymous   30 November 2021 at 13:24

Stamp duty

dear sir/madam

I have registered sale agreement around 2 years ago and i paid the stamp duty as per market value of the property. Now when i went to registered the sale deed register asking me to pay the stamp duty on current value of the property. suggest. when i have registered or unregistered sale agreement value of property as on sale agreement payable or value of the property at the time registeration of sale is payable. kindly advise me.

Thanks

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