Saanjh Ramani
Questions Asked
Taxes & Duties
#flat#allotted#purchase#consideration#paid
I applied for a flat which was allotted three months later, entire purchase consideration was paid by me in instalments. Possession is not yet offered by the developer. I have entered in an agreement to sell, I have received the advance and will receive the balance amount soon. How can I calculate the tax liability on this?
I applied for a flat which was allotted three months later, entire purchase consideration was paid by me in instalments. Possession is not yet offered by the developer. I have entered in an agreement to sell, I have received the advance and will receive the balance amount soon. How can I calculate the tax liability on this?
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Answered on November 08, 2017
Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. The said gains will be considered as long term capital gains or short term capital gains based on the period of holding of the property. If the residential flat is held by you for a period more than 24 months than the same will be long term else short term. Indexation needs...
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Answered on November 08, 2017
Fungible FSI or Fungible Compensatory FSI is Permissible under DCR 1991 of Mumbai under Clause 35(4)
Redevelopment
#mandatory#builder#society#extra
Is there a mandatory amount of square footage that a builder must give to the society? Also, what is the quantum of extra area that the builder gets ?
Is there a mandatory amount of square footage that a builder must give to the society? Also, what is the quantum of extra area that the builder gets ?
Answered on November 08, 2017
It's not mandatory to offer extra area to Society, however as per the provisions of prevailing D. C. regulation, fungible compensatory floor Space Index (FSI) of the existing building shall not be used for free sale, depending upon the feasibility of the project extra area is offered. In suburbs builder get admissible FSI of the plot, TDR ( depending upon the road on which the plot of the socie...
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Society Matters
#society#address#rented#flat
I have two flats in goregaon that are only a km away from each other. I have moved from one to another recently and want my society paperwork to be sent to my new address, as I have rented out the old flat. But my society chariperson is not doing so. Can I do anything about this?
I have two flats in goregaon that are only a km away from each other. I have moved from one to another recently and want my society paperwork to be sent to my new address, as I have rented out the old flat. But my society chariperson is not doing so. Can I do anything about this?
Answered on November 08, 2017
Unfortunately there is no such provision whereby one can insist society to deliver papers to members outside the premises of society. It would be better if you can make arrangement to get papers collected from the society every weeekly or fortnightly.
RERA
#flat#buyer#duly#registered#maha
How does a flat buyer know if a real estate project is duly registered under Maha RERA?
How does a flat buyer know if a real estate project is duly registered under Maha RERA?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
Flat buyer can log on to MAHA RERA to check if the project is duly registered. Flat buyer can also demand from the Promoter the Project Registration No. under RERA and then verify from MAHA RERA website.
Legal
#shop#registered#ram
We own a shop that is registered in my Uncle's name. This was done by my grandfather back in 1967. He registered in the name of "Thana Ram" (which was my uncle's nick name then. His actual name is Anil Kumar. And there is no way to prove this. We wish to take an LAP on this shop, what can be done?
We own a shop that is registered in my Uncle's name. This was done by my grandfather back in 1967. He registered in the name of "Thana Ram" (which was my uncle's nick name then. His actual name is Anil Kumar. And there is no way to prove this. We wish to take an LAP on this shop, what can be done?
This question has not been answered
Legal
#development#flat#builder#permission#construction
I have purchased two flats in an under development project in New panvel. This are falls under the gram panchayat. I want this flat to be ready at the time when I move in so I want to make a few alterations internally and also to the brickwork. So now the builder isn't giving met he permission to do so and is saying that if there are any changes that have to be done at the time if the construction and this would lead to changes in the brickwork OC for the whole building. What can be done in this situation?
I have purchased two flats in an under development project in New panvel. This are falls under the gram panchayat. I want this flat to be ready at the time when I move in so I want to make a few alterations internally and also to the brickwork. So now the builder isn't giving met he permission to do so and is saying that if there are any changes that have to be done at the time if the construction and this would lead to changes in the brickwork OC for the whole building. What can be done in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless, the building plans are amended in accordance with your requirement, you will not be entitled to make such changes as the same would violate the sanctioned building plans.
Legal
#nri#flat#certificate#letter#possession
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. As the same does not record from whom the flat has been acquired.
Legal
#property#nominees#grandmother#owners#nominee
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow ownership to property. Ownership to title of the property would be governed by the law of instestate succession depending on your religion.
Legal
#property#heir
My friend has a property, which has a will that states the heir of his property. He passed away recently. In the past he was married for ten years and had two daughters in that period. He then got a divorce and some years later was in a live in. The will states the woman he was in a live in with as the heir of the property. Do the daughters have any legal rights to this property?
My friend has a property, which has a will that states the heir of his property. He passed away recently. In the past he was married for ten years and had two daughters in that period. He then got a divorce and some years later was in a live in. The will states the woman he was in a live in with as the heir of the property. Do the daughters have any legal rights to this property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the proeprty is self acquired, then your friend would be entitled to bequeath his property through the Will. However, if the daughters are minor, then they can seek maintenance out of the estate left behind by your friend.
Legal
#property#compensation#government#valid
My great grandfather got a property as compensation from the indian government, back in 1956 as he moved from Pakistan. We have the old legal papers to that property with us. My great grandfather never lived in that house. Now, someone else lives there. What do we do about this situation? Are the old papers still valid?
My great grandfather got a property as compensation from the indian government, back in 1956 as he moved from Pakistan. We have the old legal papers to that property with us. My great grandfather never lived in that house. Now, someone else lives there. What do we do about this situation? Are the old papers still valid?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your claim to the proeprty would be barred by Limitation if you were aware of the existence of the property documents all along and as such, the documents to the property will be of no help.
Legal
#sell
We have a few plots that we wish to sell. There are some plots in my father's name, some on multiple people's names and none on my brother's name. But when we are trying to sell my elder brother, who is a lawyer, is threatening the buyers. What do we do about this?
We have a few plots that we wish to sell. There are some plots in my father's name, some on multiple people's names and none on my brother's name. But when we are trying to sell my elder brother, who is a lawyer, is threatening the buyers. What do we do about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your father is alive and the plots are brought by him from his self earned income, your brother cannot stall the sale. Similarly, if the other plots standing in multiple names are also brought by those parties from their self earned income, then too, your brother cannot stall the sale. However, if the plots are ancestral property or brought from the funds of the Joint family property, then y...
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