Sadabhuja Maniar
Questions Asked
Society Matters
#commercial#builder#charging#money#maintenance
I have a commercial office in Andheri (E) since last 20 years. Since so many years, the builder is regularly charging the maintanence but I believe he is not utilising the money towards the maintenance of the office. I wanted to know that can the builder do so? Also, can the builder charge us for repairs or only the society can?
I have a commercial office in Andheri (E) since last 20 years. Since so many years, the builder is regularly charging the maintanence but I believe he is not utilising the money towards the maintenance of the office. I wanted to know that can the builder do so? Also, can the builder charge us for repairs or only the society can?
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Answered on November 08, 2017
How old is the society? When is the builder going to hand over operations to the society. Normally, as a practice a builder runs the maintainance for 6 months to a year to ensure everything is smoothly running. Post this, it is normally handed over to the society with proof of where the money has been utilized.
Society Matters
#flat#registered#procedure
I own a flat which is registered under my name. What is the procedure for adding a second and or third name, for example of my wife or son?
I own a flat which is registered under my name. What is the procedure for adding a second and or third name, for example of my wife or son?
Answered on November 08, 2017
There is no provision to add additional names in the document of the flat already registered. In my opinion to add names of your wife and son, you can gift 1/3rd share to each one of them, it will attract minimum stamp duty of Rs 200 each. Subsequently you can approach Society with necessary forms to add their names in Share certificate.
RERA
#single#registration
If my real estate project is to be developed in multiple phases, do I need a single registration or multiple registrations?
If my real estate project is to be developed in multiple phases, do I need a single registration or multiple registrations?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
Every phase will need to be registered separetely with RERA
RERA
#conveyance#promoter#association
Is there a time limit prescribed for the promoter to execute conveyance in favour of the association of buyers?
Is there a time limit prescribed for the promoter to execute conveyance in favour of the association of buyers?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Promoter shall execute a registered conveyance deed in favour of the allottee within three months from date of issue of occupancy certificate or fifty one per cent of the total number of Purchasers, in such a building or a wing, has paid the full co...
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This question has not been answered
Legal
#flat#bangalore#owner#poa#relatives
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Sale Deed through Power of Attorney lawfully executed in the manner recognised by law is not barred and the judgment of the Supreme Court is in fact on the different issue altogther.
Legal
#divided#property#heir
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The real blood brothers of the person declared dead will be entitled to his share in the property.
Legal
#paid#register#stampduty
I have paid Stamp Duty in 2010 which I forgot to register. Do I have to pay the Stamp Duty again and if I have to, do I have to pay it at present Market Value or past Market Value?
I have paid Stamp Duty in 2010 which I forgot to register. Do I have to pay the Stamp Duty again and if I have to, do I have to pay it at present Market Value or past Market Value?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you have paid the stamp duty prevelent in the year 2010 at the time of execution of the Agreement, then you would not be required to pay any additional stamp duty merely because the document has remained to be registered.
Legal
#property#agreement#shop#money#rent
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, a suit for recovery of possesion of the Shop can be filed by your cousins, however any such suit would be subject to the law of limitation and would also depend on facts of each case.
Legal
#transfer#inheritance#property#ownership#transferred
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on your religion, the share of your father in the property will belong to your mother and her two daughters equally (in case of Hindus) and if the same is to be trandferred in her sole name, then the two sisters will have to transfer their respective shares in the property to the mother by way of a registered document. If the mother expires, then the property comes to the share of the...
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