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Queries Participated

rajsh   25 September 2016 at 13:01

Co-op housing society membership

My Late grandfather died without a will leaving behind a flat in a co-op hsg in mumbai. As per the society records the share certificate is still in his name. My father and uncles are also no more. Now we cousins [4 cousins] wants to be the co-owners of the said flat and apply for the membership. However as per the society's information only one of us can me a member whose name will be appeared first and rest 3 will be associate member. Society has also informed that all the society's official communication will be done to the member whose name will be first in the share certificate. what undue advantages the member can take in this scenario. Can he sell the flat or nominate other person without consulting other 3 brothers. What are the remedies [Documentations] for the other 3 brothers so that said flat can be divided among all 4 equally without any dispute.

rajsh   19 December 2015 at 18:01

Property card

This is regarding the property card [Maharashtra]. In the धारणाधिकार [Marathi word]column its mentioned as B. what does it mean by converting B to क [Marathi word]. what is क here? Is it really required? how much it will cost?

rajsh   30 November 2015 at 19:50

Original sale deed

My father purchased a plot in maharashtra in the year 1990 and constructed a bungalow. In the year 2004 my father expired.After his death our names [myself, mother,brother] were entered in the property card. we are also paying the property tax [which is also now in our names].currently we are not staying at that place and have decided to sell it. however now we have realized that the original sale deed of the plot is missing. we are having original sanctioned building plans. request to guide us for selling the said property.

rajsh   12 January 2013 at 11:11

Loan for a employee working in proprietory firm

I am working in a proprietorship firm for last 2.5 years. The firm is engaged in construction for last 37 years. I am a qualified professional working in that firm. I am getting my salary slip, form 16, salary is getting credited to my bank account directly. Also I am filing my ITR.
I am planning to purchase a property of 60L and require a loan of around 16L.Rest I am going to pay from my savings. However some banks I have rejected my application stating that I am working in a proprietorship firm and firm has no branches elsewhere. Is there any such rule in India? From where can I get the loan.
Pls guide me.

rajsh   12 January 2013 at 11:02

Registering sale deed in subregistrar office

I have enter into agreement with the builder [agreement to sale]to purchase a property whose total cost excl. reg.is 60L. The agreement to sale is registered and have paid 0.1% stamp duty on it. same agreement is now submitted to bank for availing loan.
now the bank officials are saying to get the sale deed registered as per guideline rate and not the actual rate.
Is this practice ok.
Please guide me.

Thanks and Regards,

rajsh   10 September 2012 at 02:29

Capital gain

we have recently sold our inherited agricultural land situated in maharashtra for a lesser consideration amount as it was encroached with illegal tenants and trespasser. Me and my mother got the share of my late father. Now be both are planning to buy a flat jointly with the amount receive. however the amount received is not sufficient so I am going for a loan for the additional amount required to purchase the flat.
Please let me know can we both invest in the same property to avoid capital gain tax if applicable?
we have also received a letter / certificate from the talathi in marathi which states that : MARATHI- "SADAR JAMINI HYA MAHANAGAR PALIKA HADDI PASUN SUMARE 8 KM ANTRAVAR AAHET.
Is this wording correct?
Also as per the census avilable on net the population of the said village is aroung 4000 only.

Pls guide me in this matter.

thanks

rajsh   03 September 2012 at 00:29

Property deal

I had planned to purchase a flat form a investor who had booked the flat in pre launch scheme. The registration between the investor and builder is not yet done. I had paid a token amount of 1.5 L to him which he has accepted and acknowledge on a plain paper.
Now at the time of doing the agreement between me, investor and the builder- the investor is not ready to come in person to sign the deal.
Because he is not ready to come to sign the agreement [he stays in another state] the deal is mutually cancel.
however now he is refusing to return my token amount.
What can I do now?

rajsh   11 August 2012 at 18:26

Assignment agreement

a person has booked a flat in a building under pre lauch scheme. He has agreement of assignment with the builder who is an agreement holder as mentioned in the agreement of assignment. The agreement contain a clause where tranfer of assignment contains a fee of rs.100/- per sq.ft. He has taken a loan to purchase the property. Now the building is nearing completion and he wants to sell the flat. I am planning to purchase the flat.
The seller has given me draft agreement of assignment of assignment rights where he, the builder and the land owner is the party. He told me to pay directly to the bank where he has a loan. But bank is not a party in the agreement. After me paying his outstanding loan amount the bank will rellease the original papers. Then I can apply for loan with the agreement of assignment of assignment rights and noc from bank.
Now the situation is as follows:
The person who has booked the flat and from whom i am purchasing is not in the city. He stays in J&K. his brother is handling the deal. He is saying the agreement will be couriered to him and he will signed and return it back. he will not be present to sign the agreement face to face.
Please guide me in this matter. What should be the sequence of the legal procedure. pls give in detail. Which kind of agreement have to be made. Can any one give the format. I have consulted a lawyer who is saying assignment of assignment is not possible. however other laywer is saying it is possible. aLSO he is saying when if the seller is not signing face to face its ok. The property is in bangalore.
The seller has paid the builder 90% of the amount and only 10% is due. The occupancy is still not obtained however the registrtion process is started. the possession date is 15 sep 2012.
The project is approved by leading banks.
pls guide me.
thanks

rajsh   11 August 2012 at 18:23

Assignment agreemwnt

a person has booked a flat in a building under pre lauch scheme. He has agreement of assignment with the builder who is an agreement holder as mentioned in the agreement of assignment. The agreement contain a clause where tranfer of assignment contains a fee of rs.100/- per sq.ft. He has taken a loan to purchase the property. Now the building is nearing completion and he wants to sell the flat. I am planning to purchase the flat.
The seller has given me draft agreement of assignment of assignment rights where he, the builder and the land owner is the party. He told me to pay directly to the bank where he has a loan. But bank is not a party in the agreement. After me paying his outstanding loan amount the bank will rellease the original papers. Then I can apply for loan with the agreement of assignment of assignment rights and noc from bank.
Now the situation is as follows:
The person who has booked the flat and from whom i am purchasing is not in the city. He stays in J&K. his brother is handling the deal. He is saying the agreement will be couriered to him and he will signed and return it back. he will not be present to sign the agreement face to face.
Please guide me in this matter. What should be the sequence of the legal procedure. pls give in detail. Which kind of agreement have to be made. Can any one give the format. I have consulted a lawyer who is saying assignment of assignment is not possible. however other laywer is saying it is possible. aLSO he is saying when if the seller is not signing face to face its ok. The property is in bangalore.
The seller has paid the builder 90% of the amount and only 10% is due. The occupancy is still not obtained however the registrtion process is started. the possession date is 15 sep 2012.
The project is approved by leading banks.
pls guide me.
thanks

rajsh   05 August 2012 at 02:35

Purchase of property

a person has booked a flat in a building under pre lauch scheme. He has agreement of assignment with the builder. The agreement contain a clause where tranfer of assignment contains a fee of rs.100/- per sq.ft. He has taken a loan to purchase the property. Now the building is nearing completion and he wants to sell the flat. I am planning to purchase the flat.
The seller has given me draft agreement of transfer of assignment where he, the builder and the land owner is the party. He told me to pay directly to the bank where he has a loan. But bank is not a party in the agreement. After me paying his outstanding loan amount the bank will rellease the original papers. Then I can apply for loan with the transfer of aassignment agreement and noc from bank.
Please guide me in this matter. What should be the sequence of the legal procedure. pls give in detail. The property is i bangalore.
The seller has paid the builder 90% of the amount and only 10% is due. The occupancy is still not obtained however the registrtion process is started. the possession date is 15 sep 2012.
The project is approved by leading banks.
pls guide me.
thanks


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