Aahlaadith Narwani
Questions Asked
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Answered on November 08, 2017
Gaothan on old Existing settlements which have been marked in DP as well in the Revenue Records a Tenure A. In gaothan FSI is governed as per DC 33(19) , Infact additional Fsi is granted up to 1.50 for roads more than 6mtrs and 2.00 for roads more than 9mtrs.
Redevelopment
#construction
How long does it conventionally take to complete the construction of a 12-storey building?
How long does it conventionally take to complete the construction of a 12-storey building?
Answered on November 08, 2017
Without knowing the size of the proposed building, its difficult to assess completion time for the building. It all depends on the size of the plot, plan whether there is a basement or a podium or both or none. However, If all the permissions are in place and plans are sanctioned then a standalone building with basement or car parking floor/podium should take around 30/36 months for the complet...
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Answered on November 08, 2017
It is a very exhaustive list that can be obtained by procuring prevailing by laws of the cooperative societies act as per the state
Society Matters
#flat#society#mumbai#registered
My parents co-owned a flat in a co-operative housing society in Dadar East in Mumbai. They both have passed away and have not left any will behind. We are 3 sisters and have the papers of the flat that states co-ownership of our parents. How do we get this flat registered under our names?
My parents co-owned a flat in a co-operative housing society in Dadar East in Mumbai. They both have passed away and have not left any will behind. We are 3 sisters and have the papers of the flat that states co-ownership of our parents. How do we get this flat registered under our names?
Answered on November 08, 2017
Your parents both expired intestated, i. e. without leaving a will then in such a case, ownership of the flat would devolve upon heirs of your parents. If you 3 sisters are the only heirs of your parents the ownership would devolve upon all 3 of you. You could apply to the Society with necessary transfer forms and documents for effective transfer of the flat in your names . However, a successio...
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RERA
#delay#possesion#interest#possession#promoter
In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?
In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Yes. In accordance with the model form of agreement, if the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend...
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Architecture & Interiors
#monsoons#water#windows
In the monsoons, water seeps into the house from the borders of the windows even when the windows are shut. Why does this happen?
In the monsoons, water seeps into the house from the borders of the windows even when the windows are shut. Why does this happen?
Answered on November 08, 2017
This happens primarily due to substandard workmanship. Sometimes this problem occurs even after few years. Generally surface of windows are smoother, therefore bonding with masonry gets gradually detached. There are many sealants and chemicals are now available in the market which can seal these gaps to prevent water seapage.
Legal
#property#divided#poa#register
I wish to buy a property which has been divided in three sons, one of them passed away after migrating to Malaysia. Do I need to get the POA from the three sons? in that case I am willing to travel to Malaysia and register the POA in Malaysia. Is that possible?
I wish to buy a property which has been divided in three sons, one of them passed away after migrating to Malaysia. Do I need to get the POA from the three sons? in that case I am willing to travel to Malaysia and register the POA in Malaysia. Is that possible?
This question has not been answered
Legal
#sell#property
I want to sell a property that I bought under my name. I want to ask if i need to take the consent of my children for the sale of this property? I have a son and a daughter who are 34 and 32 years old respectively.
I want to sell a property that I bought under my name. I want to ask if i need to take the consent of my children for the sale of this property? I have a son and a daughter who are 34 and 32 years old respectively.
This question has not been answered
Legal
#underconstruction#flat#builder#applicable
I need to know more about Service tax rate on underconstruction flat. Yesterday I received a mail from my builder as- ' Dear Sir, this is to inform you that Service tax rate is going to increase from current 3.09% to 4.944% w.e.f. 1.7.2012. So, the difference rate will be applicable to you on your balance amount which you will be paying on or after 1.7.2012.' I wanted to confirm whether there is any such change in the Service tax rate.
I need to know more about Service tax rate on underconstruction flat. Yesterday I received a mail from my builder as- ' Dear Sir, this is to inform you that Service tax rate is going to increase from current 3.09% to 4.944% w.e.f. 1.7.2012. So, the difference rate will be applicable to you on your balance amount which you will be paying on or after 1.7.2012.' I wanted to confirm whether there is any such change in the Service tax rate.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The present question is irrelevant in the light of appilcability of GST with effect from 1st July 2017.
Legal
#flat#loan#transfer#property#registration
I had purchased a flat 4 years back. My flat is in my sister(because she was the only earning member of the house) and my dad's name. We had taken a loan for the flat and since Jan 11 instead of my sister who bought the flat I have been paying EMI for the loan because she got married. I am not getting any benefits and so I wish to transfer the property in my name. Do I have to pay the stamp duty and registration charges again? Or do we have an alternate way to transfer it?
I had purchased a flat 4 years back. My flat is in my sister(because she was the only earning member of the house) and my dad's name. We had taken a loan for the flat and since Jan 11 instead of my sister who bought the flat I have been paying EMI for the loan because she got married. I am not getting any benefits and so I wish to transfer the property in my name. Do I have to pay the stamp duty and registration charges again? Or do we have an alternate way to transfer it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The flat can be trasnferred to your name by your sister by way of a gift deed and the same would attract 2% stamp duty as per the provisions of the Bombay Stamp Act and a further 1% charge towards registration fees or Rs. 30,000/- whichever is lower on that account.
Legal
#heirs#property#death
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Financial circumstances of the legal heirs is of no relevance while distributing the assets of the father if he dies intestate.
Legal
#document#builder#selling#construction#flat
Do we need to seek a NOC document from builder while selling an under construction flat?
Do we need to seek a NOC document from builder while selling an under construction flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the consideration amount under your agreement with the builder has not been fully paid, then you would require an NOC from the Developer before selling the flat.
Legal
#kindly#rules#land#authority#possession
Kindly resolve a few of my questions with regards to Demarcation. 1. What are the rules of demarcation of a land? 2. Under which act is the demarcation of land stated? 3. Does the Deputy Collector and the Magistrate have the authority to give the possession of a land which is demarcated? 4. What other legal actions can be suggested to obtain the possession of the land?
Kindly resolve a few of my questions with regards to Demarcation. 1. What are the rules of demarcation of a land? 2. Under which act is the demarcation of land stated? 3. Does the Deputy Collector and the Magistrate have the authority to give the possession of a land which is demarcated? 4. What other legal actions can be suggested to obtain the possession of the land?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Demarcation or Survey of land would depend on laws of each state and varies from state to state. The same would be governed by the land code of each state, in Maharashtra, the same is governed by the Maharashtra Land Revenue Code. The authorities would have power only to carry out survey and/or demaraction of lands and would not have the power to hand over possession of such demarcated land, un...
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Legal
#documents#transfer#avoid
We bought a plot only to realise later that one of the documents are missing from papers required for the transfer. What do we do to avoid such situations in the future?
We bought a plot only to realise later that one of the documents are missing from papers required for the transfer. What do we do to avoid such situations in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Proper due diligence through an Advocate and further assistance of an Advocate should be sought in connection with any transaction for sale of any immoveable property.
Legal
#flat#buying#selling#remaining#buyer
I own a 1BHK flat in Virar. I am interested in buying just one of the rooms of my neighbour's house (1BHK) which is on sale. The room in question is adjacent to my flat. I am okay with my neighbours selling the remaining 1RK to any other buyer. I wanted to know what's the legal procedure where I can buy just that one adjacent room of the house?
I own a 1BHK flat in Virar. I am interested in buying just one of the rooms of my neighbour's house (1BHK) which is on sale. The room in question is adjacent to my flat. I am okay with my neighbours selling the remaining 1RK to any other buyer. I wanted to know what's the legal procedure where I can buy just that one adjacent room of the house?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the Flat held by your neighbour can be legally segregated from his flat and also subject to the building plans for such flat being duly amended in the records of the competent authorities, the sale of only part of the Flat of your neighbour in your favour, would be defective .
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