Aahwaanith Sighania
Questions Asked
Taxes & Duties
#flat#paid#registered#agreement#builder
I bought a flat in NOV- 2009 and paid the registered amount. This falls before march 2010. The agreement of sale provided by the builder does not involve any VAT mentioned. Am I still liable to pay the VAT? If yes, how much? The builder has also filed a civil case and is charging 2.17% of the price of the flat from all the owners. What can be done?
I bought a flat in NOV- 2009 and paid the registered amount. This falls before march 2010. The agreement of sale provided by the builder does not involve any VAT mentioned. Am I still liable to pay the VAT? If yes, how much? The builder has also filed a civil case and is charging 2.17% of the price of the flat from all the owners. What can be done?
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Answered on November 08, 2017
In Maharashtra, VAT on sale of underconstructed property brought into effect from June 2006. Hence, builder would be liable to pay VAT on agreement to sale effected in Nov 2009. There are various methods for arriving at the taxable value of transfer of property in goods during construction.
Liability to pay VAT by flat buyer to the builder would be dependent on the contractual arrangement betw...
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Regulations
#society#mumbai#mentions
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Answered on November 08, 2017
If the Plot is within 30mtrs from the Railway Boundary and is shown in the D.P.Remarks as affected by Railway Buffer then NOC is Mandatory.
Answered on November 08, 2017
ULC is Urban Land Ceiling . It has been Repealed under the Repeal Act 1999 and Maharashtra Goernment adopted the Repela Act in 2007. The Repeal act protects only Orders U/s 20 and Action taken under Section 10(3), 10(5) of the ULC act 1976. Rest of the lands come out of the purview of ULC.
Redevelopment
#flat#feet#size
We have a flat in a bldg in parel which has flats of various sizes ranging rom 100 to 200 square feet. Our flat is 300 square feet. If the building undergoes redevelopment, how is the size of the flat that everyone is supposed to get decided?
We have a flat in a bldg in parel which has flats of various sizes ranging rom 100 to 200 square feet. Our flat is 300 square feet. If the building undergoes redevelopment, how is the size of the flat that everyone is supposed to get decided?
Answered on November 08, 2017
If the building is in dilapidated condition and cessed property declared by mhada then minimum size of the tenament in case of residential flat should be 300 sq feet carpet area and same carpet area as the existing in case of the commercial premises.
In other cases, each flat is given an incentive area in terms of percentage of the existing carpet area of each tenant. If your flat is larger, yo...
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Society Matters
#flat#society#charges#maintenance#applicable
My flat is vacant since last one year. Our society charges Tanker charges in the maintenance bill. Pls. let me know whether tanker charges are applicable for vacant flats
My flat is vacant since last one year. Our society charges Tanker charges in the maintenance bill. Pls. let me know whether tanker charges are applicable for vacant flats
Answered on November 08, 2017
Yes, they are applicable even for vacant flats
RERA
#impact
What will be the impact on the real estate industry in India once the RERA Act comes into effect?
What will be the impact on the real estate industry in India once the RERA Act comes into effect?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
There are mixed views on the impact of RERA. While on one hand due to the increased accountability on part of the Promoters, it is expected that it will be safer for the buyers to select registered projects and buy after scrutinizing all available information on RERA website, on the other hand due to imposition of strict guidlnes vis-a-vis deposit and withdrawal of sales proceeds to and from de...
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RERA
#complaint#buyer
If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?
If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) No. As per section 79 of the Act, civil courts are barred from entertaining disputes (suits or proceedings) in respect of matters which Real Estate Regulatory Authority or the adjudicating officer or the Appellate Tribunal is empowered under the A...
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Architecture & Interiors
#dark#grey#denim#color#bring
Hello! We just bought a couch that is dark grey, however in certain light it almost looks like a dark blue/denim color. I am trying to figure out what color accent pillows/artwork etc would bring the grey out and hopefully subdue the denim color.
Hello! We just bought a couch that is dark grey, however in certain light it almost looks like a dark blue/denim color. I am trying to figure out what color accent pillows/artwork etc would bring the grey out and hopefully subdue the denim color.
Answered on November 08, 2017
We suggest using shades of yellow, turquoise, light greens for pillows. These will go very well with the grey couch.
Architecture & Interiors
#hang#doors#bedroom#door
Should I hang curtains above my French doors in my bedroom or should I get custom blinds made for the door itself?
Should I hang curtains above my French doors in my bedroom or should I get custom blinds made for the door itself?
This question has not been answered
Legal
#flat#construction#paid#documents#stampduty
I bought a flat in Mira road and realised after two years that it is an illegal construction, I have already paid the stamp duty and filled all documents. What can I do in this situation?
I bought a flat in Mira road and realised after two years that it is an illegal construction, I have already paid the stamp duty and filled all documents. What can I do in this situation?
This question has not been answered
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, its a good industry with good returns.
Legal
#buying#loan#co-owner#flat#deal
I am buying my second house on 80% loan. This loan is to be taken on me and my wife's name, who is a housewife. She is also the co-owner of the flat in the papers. In this deal, I am going to pay the entire EMI for the loan, with regards to this can I claim the entire interest benefit? The entire interest amount against my salary?
I am buying my second house on 80% loan. This loan is to be taken on me and my wife's name, who is a housewife. She is also the co-owner of the flat in the papers. In this deal, I am going to pay the entire EMI for the loan, with regards to this can I claim the entire interest benefit? The entire interest amount against my salary?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The fact that the entire payment for the flat is going to be made by you and also since the EMI is going to be paid by you from your salary, you alone would be entitled to claim the benefit of the payment of interest in your income tax returns and more so since the income of husband and wife are clubbed by the income tax authorities in most cases.
Legal
#government#payment#delayed#certificate#selling
305 people including me bought flats from the government scheme and did a full payment. Now this has been delayed for 12 years on flimsy demand of the third party certificate of no addition or alteration. But the RWA president is refusing to give us a selling deed saying that it is purely a matter between the seller and the buyer. For how long can CGEWHO delay this conveyance deed? Also, can the deed be delayed on such pretext?
305 people including me bought flats from the government scheme and did a full payment. Now this has been delayed for 12 years on flimsy demand of the third party certificate of no addition or alteration. But the RWA president is refusing to give us a selling deed saying that it is purely a matter between the seller and the buyer. For how long can CGEWHO delay this conveyance deed? Also, can the deed be delayed on such pretext?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If, the flats are sold on ownerhsip basis, then the conveyance cannot be delayed at all and in fact under the provisions of the real estate and regulation act, the conveyance has to be effected immediately once more than 50% of the total units in the building has been sold and such purchasers have made the full payment of the consdieration amount.
Legal
#property#death#owner#valid
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it wouldnt make much difference. All sons of the party in question could claim ownership on the basis of the terms of the Will. It would however depend on the terms contained in the Will and further, the Will will have to be probated from a Court of competent jurisdiction.
Legal
#owner#flat#transfer#documents#consideration
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file for specific perfomance of the Agreement of Sale i.e. Sale Deed. You can approach a Civil Court and seek directions against the owner to execute necessary documents for completing the transfer of the Flat in your favour.
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