Sadanand Agarwal
Questions Asked
Purchase & Sales
#mumbai#flat#buying#property
I live in Mumbai in a flat which is owned by my mother, who lives in Assam. How do I go about buying this property from her and transferring it in my name?
I live in Mumbai in a flat which is owned by my mother, who lives in Assam. How do I go about buying this property from her and transferring it in my name?
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Answered on November 08, 2017
An agreement for sale can be prepared between you and your mother. However, for this your mother shall need to come to Mumbai for the registration process. In case, someone holds a registered power of attorney for your mother, he/ she can sign on your mothers behalf. In case no monetary transaction needs to be performed, a gift deed can simply be executed between the two of you by paying the ap...
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Purchase & Sales
#property#prices#mumbai
What are the factors due to which property prices are so high in Mumbai?
What are the factors due to which property prices are so high in Mumbai?
Answered on November 08, 2017
There are a couple of reasons behind this. All MCGM costs, are dependent on a ready reckoner rate, that is reviewed and set by the government annually. Over the last couple of years, there have been exponential increases in the prices of the ready reckoner rates. All MCGM related costs are directly proportional to these rates and hence have gone up many times over the last couple of years. Besi...
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Society Matters
#chs#society
Can a CHS create penalty or fines for all the members who violate the decisions made by the Society?
Can a CHS create penalty or fines for all the members who violate the decisions made by the Society?
Answered on November 08, 2017
Yes, they have the liberty as long as a resoultion has been passed in a lawluffy conducted general body meeting of the society
RERA
#compensation#promoter#allottee
What is the obligation of the promoter towards return of amount and compensation to the allottee?
What is the obligation of the promoter towards return of amount and compensation to the allottee?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Section 18 of the Act provides for provisions as regards various situations in which the allottee would be compensated by the promoter due to delay in completion of the project etc.
Answered on November 08, 2017
LEED is Leadership in Energy & Environment Design issued by IGBC based in Hyderabad. You may visit www.igbc.in for more information.
Architecture & Interiors
#flat
Am I allowed to make modifications to a flat that is bought in a ready building? If yes, what are the modifications I can make?
Am I allowed to make modifications to a flat that is bought in a ready building? If yes, what are the modifications I can make?
Answered on November 08, 2017
Yes you can make modifications with full responsibility and permissions as prescribed by building department of MCGM. Moreover most of the societies have their own dos and don'ts ,duly passed by the general body, over above statutory approvals. Strictly modifications can not to be done to any load bearing structural member of the building including all RCC works. During internal modifications, ...
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Legal
#property#bank#loan#process
If a property I plan to buy is approved by a bank for a home loan, am I required to do the title verification process again?
If a property I plan to buy is approved by a bank for a home loan, am I required to do the title verification process again?
This question has not been answered
Legal
#mumbai#flat#owner#loan#property
I am a 24 year old individual living in Mumbai. I want to buy a flat in Kharghar. The owner of this flat had taken a loan for this property and hasn't paid it off altogether. What will happen to that? Also the papers of the house would be with the bank, so how can I claim that? Are all the original documents required during the registration? And what all documents will I have to provide while buying the flat?
I am a 24 year old individual living in Mumbai. I want to buy a flat in Kharghar. The owner of this flat had taken a loan for this property and hasn't paid it off altogether. What will happen to that? Also the papers of the house would be with the bank, so how can I claim that? Are all the original documents required during the registration? And what all documents will I have to provide while buying the flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will require an NOC ffrom the bank prior to buying such property. You can make payment of the balance dues of the bank from the agreed value of the flat to the Bank directly and thereupon you can also get the originals of the flat from the bank. The original documents of the Flat will not be required at the time of registration of your agreement/sale deed.
Legal
#property#permission#letter
There is a property that was given by X to Y and Y has been staying there for 40 years now. Can Y claim this property under the terms of living there for 40 years? Y also has a permission letter from X in normal white paper
There is a property that was given by X to Y and Y has been staying there for 40 years now. Can Y claim this property under the terms of living there for 40 years? Y also has a permission letter from X in normal white paper
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague, if Y is residing in the proeprty on tenancy basis, then he cannot claim ownership, however if he is residing there as owner and X has not done anything about the same, then Y can file a suit to be declared owner, by way of being in adverse possession.
Legal
#bangalore#construction#delhi#builder#applicable
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The order passed by the Delhi High Court would not apply to properties located in Bangalore, unless similar orders are passed by the Kartanaka High Court or the Supreme Court for properties located in Bangalore.
Legal
#death#transferred#property#advice#possession
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a civil suit in a court of Competent jurisdiction on the basis of your title or on the basis of adverse possession.
Legal
#property
My grandfather has included me and my 3 brothers in his will, where in, we each own 200 yards of property. I also have a sister whose name is not mentioned in the will. Now, I want to start constructing on my part of the property but according to the will my father is the caretaker for as long as he is alive. Please advise on how I should go about this.
My grandfather has included me and my 3 brothers in his will, where in, we each own 200 yards of property. I also have a sister whose name is not mentioned in the will. Now, I want to start constructing on my part of the property but according to the will my father is the caretaker for as long as he is alive. Please advise on how I should go about this.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Will has bequeathed you the 200 yards property entirely and there is no bar on your constructing thereon and also, if the Will has been duly probated, then unless the terms of the Will say otherwise, you can develop the property bequeathed to you and the facutm of your father being care taker under the Will should make no difference.
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