anonymous
Questions Asked
| As a owner I already pay the maintenance of the club house facilities. Now the society has decided to also charge extra for tenants for using club house facilities. Can a society charge extra maintenance or amount to the tenants for using these facilities?
In pagdi system a tenant can sold his home to any other person or he can only sold his home in which he stays to landlord only and he can sold that room which he stays in pagdi system can be sold as per market value to other person or landlord
What is the stamp duty & registration charges applicable in Gujarat for hindu wife parting with her share to her husband or her mother in law through settlement deed upon divorce without any consideration as a part of Divorce agreement? She had not contributed for purchase of flat but amount was paid by her cheque to builder out of funds given by her father in law as interest free loan credited to her account.
Our building in Thane is registard society is going for redevelopement. We have done conveyance agreement and Builder put up plans in TMC for approval. Now suddenly builder is asking all flat owners to pay GST 18% on their carpet area as per the ready reckoner rates which is huge amount. I wanted to know whether this cost should be borne by builder or society members . pl let us know any TMC rules for the same.
If builder/promoter has not register his project under RERA and his project has more than 500 Sq Mt and is an ongoing project ,can i file my complain Under RERA? I have Sale Deed executed but the builder is not responding to my request to complete my Duplex
I purchased a plot of 213 square yards. But it was not in a rectangle shape. The venture layout doesn't have permission. If I make it to perfect rectangle, am losing 25 square yards. Wat action can I take against the person who sold the plot
I own a flat given to the tenant on leave and license for 22 months. Clubhouse is owned by the builder and charges for the same are to be paid separately mandatory which is different for owners and tenants. At time of possessions builder has already taken 1 years clubhouse charges in advance from owners. From 2018 who is liable to pay clubhouse charges owner or tenant?
I purchased a flat in July 2016. The property tax for the period 2013- 2014 was paid in excess by previous owner and other members. However in September 2016 the municipal corporation refunded the amount as it was excess. Now the society is not releasing the refund to me, although I am the registered owner of the flat. As per my understanding all the assets and liabilities have been transferred to my name and hence have a lawful claim on the refund. The society is denying this claim and wants to retain the money. Following are my questions.1. do i have a right to claim refund given the sale agreement and transfer of rights 2. As a member of the society am I liable to contribute to legal expenses proposed by society to litigate against my claim?
12 Answered
Yes, you most definately can!
my father bought a land we completed the registration process we kept some money on hold 10 lakh rs and the seller made sell agreement on our other land for 1 year for 10 lakh now 1 year is over and we did not gave him 10 lakh and now he is claiming our land but we want to give him 10 lakh but he is not accepting money now he want land what we can do
12 Answered
The solution for this heavily depends on the executed agreement and what terms it was executed. Generalized answer is not available for these kinds of issues.
I have a 3bhk flat in charade, Pune. I have already paid 2 years maintenance to builder and paid quarterly maintenance to society after two years but the society formed without builder's handover when we got possess and now society members asking us to pay the two years amount to them as builder is not giving the two years maintenance to them and they are stopped our services even we paid maintenance on completion of initial 2 years. We have recipe too.This is harassment. Please advice.
12 Answered
Your payment is made to the builder.
If builder has not given account to the Society, you have to ask the builder to make payment to the Society. Or you can also ask the builder to give account of the amount paid by you towards maintenance advance.
You need to carefully go through your agreement with the builder and your application for membership in the Society.
I want to buy a 2bhk flat in my neighbouring building. I live in a 1 bhk flat owned by my father. We plan to take a home loan based on my salary and mortgage the existing flat and his shop and take a loan to completely finance the purchase of new 2 bhk flat. We will put the old flat on rent and use the income from that and father's business income to repay the mortgage loan. but we don't know how to process all this, what are the rules and what documentation is needed. Also, can you suggest someone who can manage all this?
12 Answered
There are a lot of factors that affect your situation.
For starters, you need to approach banks/housing finance institutions with your requirement and papers to establish ownership of existing flat and shop as well as income proofs to establish your repayment capacity.
In the recent changes made to GST rates, has the GST for Cement decreased ?
12 Answered
Yes. GST for Cement has been reduced. The GST on cement originally was 28%.
Now, the GST for Portland Cement, Aluminious Cement, Slag Cement, Super Sulphate Cement and Similar Hydraulic Cements have been reduced from 28% to 18%.
I am looking to transfer the ownership of my flat to my mother, any ideas or suggestions on how to go about the process?
You can execute a gift deed of the property by paying appropriate Stamp Duty and register it in favour of your mother.
List of necessary Documents :-
1. The present title deed
2. Share Certificate
3. Electricity Bill
4. Maintenance bill
5. Occupation certificate
The time frame depends on the lawyer to draft a gift deed. Once your papers are in order shouldn’t take much time. After document ...
(View more)I want search for online documents like Property card or 7x12. Is there a web portal to search for documents of properties in Mumbai?
Property Card can be obtained here - http://prcmumbai.nic.in/jsp/propertyNew.jsp
The 7/12 extract can also be accessed from the Maharashtra Government’s website but it can be used only for informational purpose and not for any legal purpose. To view the 7/12 extract:
Go to the website of the Maharashtra Government by using the following URL: www.mahabhulekh.maharashtra.gov.in
(a) A district map ...
Can I get tax deduction benefit on loan repayments on more than one property?
Deductions on interest are limited, if your payment towards interest is more than the stipulated limited permitted under the IT rules, then that much amount will be disallowed whilst computing your income and further, you will be charged notional rent as income from the second flat (on and from receipt of possession of the second flat), even if the same is not rented out then.
I am an NRI and want to know if it's possible to nominate someone to sign the registration documents while buying a property, as I am not physically present in Mumbai, where the property is located.
The right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution ...
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The following taxes apply on a reslate flat:
1) 5% Stamp Duty (Consideration Amount or Market Value of the flat, whichever is higher)
2) Registration (1% of consideration or 30000/- whichever is lower)
3) Capital Gains Tax -
(a) Short Term - If you sell the flat within 3 years of possession, a 35% short term capital gain tax is applicable on the gain. Gain is calculated as the profit earned...
(View more)Is Capital Gains Tax applicable on Ancestral Agricultural Property, if so , what are the Rates. Can one avail Tax saving on the same.
I have recently purchased a 42 inch SmartTv. I am not sure as to how far should the seating be kept from the Television?
12 Answered
While everyone has a different opinion on this topic, the distance of the seating from the television is heavily dependant on the size of the Television.
The thumb rule is :
For HDTV
Optimal viewing distance = 1.5 to 2.5 times the screen diagonal
Thus for a 42" HDTV,
Optimal viewing distance = (1.5x42) to (2.5x42) = (63") to (105") = 5.4 feet to 8.9 or 9 feet
and
For 4K HDTV
Optimal viewing dis...
(View more)I am a real estate agent. If I connect a client towards one project, the deal is done via me. If the project is not delivered on time or project is closed or delayed by some reason, I get into obligation & problem. Can my client sue me for the same, according to RERA?
According to RERA, every real estate agent registered under section 9 shall—
- not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority; Obligation of Authority consequent upon lapse of or on revocation of registration. Registratio...
Where is the luxury high-end residential real estate market headed? These buildings are concentrated mainly in metros. Will the trend continue or there will be a slowdown in this specific area of the real estate sector?
In the recent years, Indian real estate market has had several ultra-luxury projects. India’s ultra-high-net-worth individuals have shown a keen interest for expensive and luxurious housing. A house in a coveted locality is not enough. The house should have the perfect balance of high standard of living and premium quality of amenities.
There is over a 100% rise in ultra-luxury projects. Duri...
(View more)Is it mandatory for all societies to segregate and process waste in-house?
It is not mandatory for all societies yet.
As per the latest circular issued by MCGM (dated 18th July, 2017), societies that produce on an average of 100 kg of waste daily need to segregate and process waste at source.
It is always preferred that all societies segregate and process waste inhouse to lessen the burden on dumping sites.
You can get more details about this directive of the civic bo...
(View more)What are the pros and cons of buying in a residential complex vs a standalone building
We would suggest you to check the detailed blog post about the same. Please visit this link
Can I run tuition classes in Mumbai in a residential flat in my co-op housing society?
Mumbai DCR Regulation 51(i) states: Apart from residential use, Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone.
"Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried out by a member of the family residing on the premises with...
(View more)How is the introduction of GST going to affect my maintenance charges?
We would suggest you to check this detailed post here: How will GST affect Homeowners and Housing Societies?
What all documents should I have received from the builder after possession of my flat?
A flat was previously bought in 1991 in Mumbai with a power of attorney. Now that the original purchaser is deceased, can it be registered to their heir?
The definition of an allottee includes not only a transferee by sale but also by another transfer whatsoever, which would include a mortgagee too. So can a mortgagee have the same rights as an allottee?
I'm looking for a shop on rent. While searching, I found a shop that is already leased by another person. 5 months of the 1 year agreement have passed. Now the lessee wants to give it out on lease to me. Is such an agreements safe?
According to RERA, if all the flats are sold purely on carpet area basis, how will balcony or pocket terrace be calculated and added to the area of the flat?
As per definition, builder cannot add balcony area or pocket terrace area as a part of the carpet area. However, it can be separately mentioned in the agreement as a disclosure to a prospective purchaser. They may be included in the lumpsum price of the apartment.
For update on rerado we again required certificate from c.a, architect , engineering ....... Or we just have to fill details
Certificates are required only when we want to withdraw money from the designated accounts. It is not required for just updating details of the product.
Please find excerpt from Act, to give you more details on the same.
The promoter shall, upon receiving his Login Id and password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web pa...
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Personal Loan for Home Improvement. Home improvement loans are designed for the purpose of renovating a house and can be taken by a person who owns the property to be renovated. These loans are given for a maximum term of 15 years and interest charged on these loans lies in the range of 9.5% to 10.5% per year.
Following are the documents required to avail a home improvement loan
Proof of bot...
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The Term Loading is Associated with Loading of TDR in the MCGM Building Proposal File.
In MCGM TDR is Permitted to be Utilised as per DCR 34. The Process of Utilising TDR and additing to the BUA of the Projeft commonly Refered to as Loading of TDR.
With the introduction of GST, is Service Tax still applicable on under Construction Projects?
As per the current rules, any project flat having Occupation certificate is not liable to pay GST, for sale of flats.
1 Answered
Check out the following article, explains everything in detail about Home insurance policy
https://www.housingman.com/news/safeguard-your-home-with-home-insurance-policy/
We are in talks for redeveloping our building. We are confused as to why are we are supposed to pay 18% GST and new buyers suppose to pay 12% GST?
The BMC Estate Department is the Department which Maintains Records of the Lands and BUA Held by the MCGM.
The Functions and Services of the Department is pertaining to the Proposals for lease of Municipal plots , renewal of lease, Transfer of Leasehold rights, Recovery of lease rent, Ground rent etc.
Acceptance of Redevelopment of Municipal Tenanted properties, Leasing the plots to said propose...
I am a developer. According to RERA, is revenue considered based on consider market rates or ready reckoner rates?
In case the Secretary of the outgoing Committee fails to convene the meeting what are the possible alternatives to it?
DRC Stands for Developments Rights Certificate.
It is as per the TDR Policy wherein DRC is Granted when any Reserved Land in Development Plan is Surrendered to the Municipal Corporation Free of Cost in Leiu of TDR, Which can be Sold in the Open Market by the Land Owner as TDR.
If a project is registered with RERA and is delayed in terms of completion, will this warrant for any penalties to the developer?
Can a member who has already paid his dues of the society prior to the scrutiny of the nomination contest for election?
12 Answered
While majority of the people still use normal plain glasses in French windows, Safety Glasses are considered to be the best fit.
You can select either from Tempered Glass or Laminated Glass.
Tempered Glass is stronger and more durable than regular annealed glass. Also upon breaking, it will shatter into dull,
rounded cubes as opposed to sharp, jaggered pieces.
On the other hand, Laminated gla...
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1.5 Meters ( 5 Feet height)
I have purchased a flat in an under construction flat in dombivali in March 2017 for which the agreement was registered in June of 2017. Now the Developer is demanding for 12% GST on payments post July 31 of 2017. When i asked him about the transfer of benefits dues to input tax credit, they said that it would be adjusted only at the time of possession. Is there any policy for GST applicable on under construction flats.
In accordance with notifications issued by Urban Development Department of Government of Maharashtra, MR & TP Act is applicable to all the districts of Maharashtra. Hence, all areas of Maharashtra are included in Planning Area as defined in Section 2(zh) of the Act
I live in a 2BHK measuring 570 sq.ft. flat in Ggoregaon West. The current thickness of the internal walls is 4 inches. Is it possible to reduce the thickness of the internal walls to utilize the space more effectively ?
Personal Loan for Home Improvement. Home improvement loans are designed for the purpose of renovating a house and can be taken by a person who owns the property to be renovated. These loans are given for a maximum term of 15 years and interest charged on these loans lies in the range of 9.5% to 10.5% per year.
Following are the documents required to avail a home improvement loan
Proof of bot...
(View more)What actions can the society take against the members who arent paying their dues?
Once the Submission is made to the MCGM with the Requisite Submission Requirements along with the Proposed Plans as per Regualtions and Duly Paying the Scrutiny Fee Thereafter.
The File is Processed in the Building Proposal Department and the Plans are Scrutinised the Cooncerned Engineering Staff to Process for the IOD.
In Case the Proposal Needs Relaxations (Commonly Known as Concessions) Th...
(View more)The project in which i had purchased a 2BHK could not get successfully registered with RERA. What does this mean for me?
This is very variable and can range anywhere from 3-6 months rent.
It should be noted that home loan EMIs will not go up since service tax is not levied on them and hence they will not be taxable under GST. However, loan processing fee and prepayment charges, etc., where service tax was levied will go up nominally, on virtue of GST
What are the standard things to do and to check before buying a flat in an under contruction project?
BCC is the Buildng Completion Certificate.
Procedurally the Regulations Require you to Obtain the Building Completion Certificate from the Planning Authority, After the Construction is Complete as per Approved Plans and as per Permissions granted.
After which the water Connetion should be Obtained from the Water Department and then Occupation Certificate should be Granted.
But Due to the Ease...
(View more)Is it true that houses in under-construction projects will become costlier because of GST, compared to ready-to-move-in properties?
Yes Ofcourse, Why Not.
It would be Interesting to Know that Prior to the Right to Information Act and the East of doing Business Initiative
Only 30 to 40% of the Existing BUildings had OC.
Most of the Buidlings were without OC and yet have been Redeveloped
I have purchased a 1BHK Flat in Kandivali West in September 2016. I was recently informed that the agreement for same has to be remade as per RERA. Is this true?
Agreements executed prior to May 1st, 2017 don't need to be remade again.
I am planning to buy a resale flat in Borivali. Is there a way for me to verify if the property is legal or not?
We paid a small token in cheque and rest in cash to a builder for 4 offices in a under construction property in andheri. the project has not seen the light of day since 2008. Now we hear that the builder has made a deal to sell the plot to the neighboring plot owner. how can we ensure that he does not get paid without compensating the investors ? Can he make us the payment in cheque since he will receive all cheque for this new deal. will we be taxed on it as we paid only a small token in cheque. how much should we expect ?
291 Answered
Booking cancellation - is it allowed to cancel a booking made during the pre-launch (2013) of the project, where the project has now revised its possession date by 5 year vs what was indicated during the pre-launch booking (initially indicated possession date 2017, now revised to 2021) ?
You can cancel the booking if the promised date of possession is revised.
RERA registration is required in case a project needs to be marketed. If no flat has been sold in the current project and builder does not intend to sell any unit till OC is received, he is not required to register under RERA.
"Booked" an apartment in a pre-launch project in 2013. The expected completion date informed was 2017 but the project had severe delays. And now is estimated to be completed by 2021. Requested cancellation of the bookings several times since last 2 years but the developer claims that if I cancel then 50% of the down payment will be deducted as cancellation charges. I want to receive my full refund and even better with nominal interest, what can I do ?
Are the grounds for delay due to force majeure conditions, beyond the control of the developer?
If not, can you please elaborate the terms in your agreement? Is there a termination clause in the agreement? What is the possession date specifically mentioned in the agreement?
On grounds of inordinate delay, you can approach the developer to amicably settle the matter. However, if that does not wo...
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