Results for #Legal
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Legal
#land#construction#loan#registered#money
Raj and his father bought a land in 2008 (money was equally given by them). The construction on land completed in 2009, and Raj gave the entire amount of the construction. Raj has also taken a loan for the house. Whole land is registered in the name of Raj's father. Therefore, do Raj's brother have legal right over the land/house? Note: All the money for the construction of the land has come from Raj's account.
Raj and his father bought a land in 2008 (money was equally given by them). The construction on land completed in 2009, and Raj gave the entire amount of the construction. Raj has also taken a loan for the house. Whole land is registered in the name of Raj's father. Therefore, do Raj's brother have legal right over the land/house? Note: All the money for the construction of the land has come from Raj's account.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of the Income Tax Act the right in property would be dependent on who actually has made payment for the same. In this case, since the payment has been made by Raj, however, the Agreeement stands in the name of Raj's father unless Raj files a suit for ownership of the property in his exclusive name or gets the property transferred in his exclusive name, Raj's brother can de...
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Legal
#property
Do I have a legal right over the funds from the sale of a property that is jointly owned by my parents? My mother has passed away, and her brothers are claiming the funds of her share.
Do I have a legal right over the funds from the sale of a property that is jointly owned by my parents? My mother has passed away, and her brothers are claiming the funds of her share.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The brothers of your mother would not have any share in the estate of your mother.
Legal
#land#paid#money#cheque#registration
My dad and his friend jointly purchased a land in UP 11 years ago. Although my Dad and his friend both paid the money equally by cheque the registration document only includes my dad's friend's name. For 11 years now my dad has the possession of the land and he is also running a factory there. As there is no contract between my dad and his friend stating the possession of the land my dad's friend now claims that the entire property belongs to him. Is there any way we can take legal action against my dad's friend and claim the property?
My dad and his friend jointly purchased a land in UP 11 years ago. Although my Dad and his friend both paid the money equally by cheque the registration document only includes my dad's friend's name. For 11 years now my dad has the possession of the land and he is also running a factory there. As there is no contract between my dad and his friend stating the possession of the land my dad's friend now claims that the entire property belongs to him. Is there any way we can take legal action against my dad's friend and claim the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to file a Civil Suit in a court of Competent Jurisdiction to claim title to your share in the property in question and in such suit you will have to produce documents to show that your father has paid his share at the time of acquiring the property in question.
Legal
#pune#ownership#property
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the status of the property does not change merely because you plan to go abroad for few years.
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.
Taxes & Duties
#gift#flat#legal#implications
If I want to gift my flat to my daughter, what are the legal implications regarding: 1. Title and how is this established, 2. Is gift tax leviable and when?
If I want to gift my flat to my daughter, what are the legal implications regarding: 1. Title and how is this established, 2. Is gift tax leviable and when?
Answered on November 08, 2017
According to Section 56(2) of the Income Tax Act, the gift of flat received by your daughter shall be exempt, as it is a gift received from relative. On registering the gift deed the stamp duty and registration fees needs to be paid. There will be no gift tax on the said transaction.
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
#booked#flat#delayed#possession#builder
I have booked a flat in Andheri and the dealer has delayed the possession by 2 year, is there any legal step that I can take against the builder to get the possession?
I have booked a flat in Andheri and the dealer has delayed the possession by 2 year, is there any legal step that I can take against the builder to get the possession?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for seeking possession of the flat or in the alternative approach the authority under RERA seeking compensation for delay in handing over possesion of the flat and also for possesion of the same.
Legal
#land#developers
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the land is transferred to your name and/or the name of organisation of partner owners, the receipts issued by the local municpality in the name of the Developer and yourself is perfectly legal.
