Aadhunik Maniar
Questions Asked
Taxes & Duties
#mumbai#flat#ideally
I own two flats in Mumbai. One is in Kandivali in my name, and the other is in Goregaon in my wife's name. I want to buy another flat, ideally in whose name should this flat be bought?
I own two flats in Mumbai. One is in Kandivali in my name, and the other is in Goregaon in my wife's name. I want to buy another flat, ideally in whose name should this flat be bought?
| 
Answered on November 08, 2017
If you own both the properties, then the propety held by you in name of your wife in Goregaon is a Deemed Let Out Property (DLOP) in your income by applying clubbing provisions of Income Tax Act. The ideal way to purchase new property is to gift the amount of sale consideration to your wife and then she can purchase the property in her own name then the same can be considered as Self Occcupied ...
(View more)
This question has not been answered
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Legal
#possession#rented#flat#paid#construction
I bought a house in Noida and gained possession for the same in March 2012. I live in a rented apartment in Noida. I want to claim a TAX benefit on my other flat for the period of 2011-12. And also 1/5 of the interest on the amount I paid during construction. My query is if I should calculate the notional rent for the month of March as well? I could show it as an income form and show total interest paid as a loss of income. Or should I calculate the rent for the whole year?
I bought a house in Noida and gained possession for the same in March 2012. I live in a rented apartment in Noida. I want to claim a TAX benefit on my other flat for the period of 2011-12. And also 1/5 of the interest on the amount I paid during construction. My query is if I should calculate the notional rent for the month of March as well? I could show it as an income form and show total interest paid as a loss of income. Or should I calculate the rent for the whole year?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague.
Legal
#buying#property#builder#land
What are the points to keep in mind while buying a property from a private builder and how do we verify legal title of the land on which the builder constructs a property?
What are the points to keep in mind while buying a property from a private builder and how do we verify legal title of the land on which the builder constructs a property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Under the provisions of RERA, the builder would now be requied to upload the title certificate of the property on the RERA website and you can have the same verified by engaging an Advocate for such purpose.
Legal
#mandatory#register#documents#property#transactions
I wanted to know if it mandatory to register all the documents related to property transactions?
I wanted to know if it mandatory to register all the documents related to property transactions?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any document purporting to immoable property above Rs. 100/- is required to be compulsorily registered in accordance with the provisions of the Registration Act, 1908.
Legal
#property#occupy
My father had purchased a property and built a house on that property. Later, he allowed his brother to occupy that house for 30 years. Since he has lived in that house for so long, can he claim for a right in the property?
My father had purchased a property and built a house on that property. Later, he allowed his brother to occupy that house for 30 years. Since he has lived in that house for so long, can he claim for a right in the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your father's brother can file a suit on the grounds of adverse possssion and claim title to the property.
Legal
#land#developers
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the land is transferred to your name and/or the name of organisation of partner owners, the receipts issued by the local municpality in the name of the Developer and yourself is perfectly legal.
Legal
#transfer#property#procedure
There is a property that is in the name of a widow's late husband. Now we want to transfer it in the widow's name. What is the procedure we should follow?
There is a property that is in the name of a widow's late husband. Now we want to transfer it in the widow's name. What is the procedure we should follow?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If there are no other heirs of the husband except his widow post his death, then the widow alone becomes the sole owner of the property (depending on the religion the husband follows) and consequential applications to the society/revenue authority etc., have to be made to bring the aforesaid facts on record. In some case, Letters of Administration would also be required from a Court of competen...
(View more)
Connect with us
