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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Prachi Kaushike   10 December 2014 at 12:37

Froud builder

FACTS OF THE CASE:

Mr. A has purchased a flat on the floor no. 4 of the building after signing the agreement to sell which is registered.

Now, municipal authorities have broken all the flats of 3rd and 4th floor of that building clamming it is illegal.

Mr. A went to builder asking possession of another flat, Builder is also ready to give another flat but on the 3rd floor, which is right now illegal subject to condition that he will make 3rd and 4th floor legal and Mr. A will have to get transfer to floor no. 4 when it will get regularize and completely built i.e. Builder is providing flat to Mr. A for time being only and not transferring the ownership of the flat.

Mr. A is asking for proper legal and regularized flat to the Builder on the 2nd floor of the same building or another building with the ownership of the flat but builder is denying the same calming that agreement to sell has got registered and he can not give you another flat.

My query:

1. What is remedy available to Mr. A, if only agreement to sell is registered?

2. Can Mr. A ask for the consideration paid for flat?

3. What precaution shall Mr. A take for further transaction with that builder?

4. Does Mr. A have right to ask for flat other that he has purchased?

Rahul Khemkar   10 December 2014 at 12:17

Applicability of taxes

Respected Sir,

In case of resale of flat in Maharastra , who is liable to pay following taxes on market value or sale value
1.Stamp Duty 5%
2.Registration fee 1%
3.Service tax 3%
4.LBT 1%
5.MVAT 1% applicable or not?

Can seller pay the above taxes please guide me.Property is 4 years old and located in vasai Thane.Thank you in advance.

Karthikeyan R   10 December 2014 at 12:10

Motd

Sir

I closed my Mortgage Loan with Canara Bank,on 05-12-2014, hence I need to do discharge receipt on my own at Sub Registrar Office with canarabank, so anybody have soft copy of Bank MOTD discharge receipt, please share..

ChandanLawyersclub   10 December 2014 at 12:04

Apartment without (oc) occupancy certificate

Dear experts,
I have seen a flat in Bangalore for which builder is not providing OC( occupancy certificate). Apartment is ready to move .
Actually I came to know there is deviation in compound wall and building distance where deviation is 30%-40%( distance left is lower). Builder is saying it will be converted in A khata in next Akrama – Chakrama by paying some money. SBI is giving the home loan.
I have seen 60% builder are selling without OC.
What are the risk if I book such flat? How govt. is allowing such construction in Bangalore 60-70% construction is without OC. Can BBMP demolish such buildings latter on?
Regards
Chandra

jitender   10 December 2014 at 12:04

Appeal

dear Members, A senior civil judge District court delhi has passed an order for warrant of attachment of property in execution petition while my order 9 rule 13 application is till pending and not decided. where can i appeal against this order and relevant provision under which appeal and stay application can be filed.?

jitender   10 December 2014 at 12:00

Appeal

dear Members, A senior civil judge District court delhi has passed an order for warrant of attachment of property in execution petition while my order 9 rule 13 application is till pending and not decided. where can i appeal against this order and relevant provision under which appeal and stay application can be filed.?

Legal Eagle   10 December 2014 at 11:41

Franking validity

I have to execute an agreement w.e.f from end of August, 2014. However, the agreement will be franked in the month of December, 2014.

Is this valid?

Thank you

Sunil   10 December 2014 at 11:16

Cenvat credit on material received free of cost

My company many a times as a part of sales & promotion activity, provides goods free of cost (FOC) to first stage dealer/stockist. Company pays the excise at the time of removal of goods from factory to it's depot/warehouse. Now dealers/stockist are requesting to pass on excise paid on such FOC goods. My question is

1) Can company pass on the excise paid on such goods, considering the fact first stage dealer will not use this for any manufacturing activity?

2) If yes, can first stage dealer pass on this to second stage dealer/ultimate consumer?

Thanks in advance for your help.

Raj   10 December 2014 at 10:45

Remedy if jmic donot allow to cross examine the accused

Sir,
what will be the legal remedy if JMIC donot allow the accused to cross examine the certain Prosecution witness or donot allow the accused to ask questions which are relevant for its acuittal..can we move to thne session court? In case if JMIC donot record his decsion on order what will be th remedy?? please help us

Daya shanker   10 December 2014 at 09:49

Buying property through gpa registration

Hi All,

I have seen a property in Bangalore in Devanhalli Taluk.Owner of the property is saying that Govt is not issuing Khata No for him So he is telling me to go for GPA registration.
1 Should i go ahead and buy this property he has all original papers.
2 In such case what all documents are required with GPA to Make me proper Owner of the Property.
3 After GPA registration,Do i have rights to sell the property
4 and Can he withdraw the GPA without my knowledge.