Results for #builder
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?
| 
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.
Society Matters
#co-operative#society#builder#refuses
Can a Co-operative Housing Society be formed if the builder refuses to co-operate ?
Can a Co-operative Housing Society be formed if the builder refuses to co-operate ?
Answered on November 08, 2017
Yes, it is possible to do so incase of non co-operation of the developer, however the requirements for registration are complied with
Legal
#land#mumbai#sell#property#builder
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property. You could utilise the sale proceeds received from the Builder to acquire another residential property within a period of 1 year from the date of the sale to minimise and/or avoid capital gains payment.
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.
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?
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.
Regulations
#fsi#builder#residential#commercial#mumbai
What is the FSI available to a builder on any given plot for residential purposes or commercial purposes in Mumbai?
What is the FSI available to a builder on any given plot for residential purposes or commercial purposes in Mumbai?
Answered on November 08, 2017
This is a vry subjective question as in Mumbai FSI is permissible under DCR 32 +tdr under 34 + Fungible under 35(4). Also there is DCR 33 wherein Additiona Fsi up to 4.00 is permissible for specific uses and special cases.
RERA
#builder#construction#certificate#register#maharera
I am a builder with a project under construction at this time, though the completion certificate has not been issued yet. Do I still need to register under MahaRERA?
I am a builder with a project under construction at this time, though the completion certificate has not been issued yet. Do I still need to register under MahaRERA?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
All under construction projects that have not received completion/occupancy certificate as applicable or shall not receive prior to July 31st, 2017 shall mandatory need to register with MahaRERA
Legal
#2bhk#flat#pune#possession#loan
We have recently purchased a 2BHK flat in Pune but we are yet to get possession of the flat. Me and my husband, we both are the co-bearers of the loan but we are not the co-owners of the flat. The builder has not yet prepared the sale deed of the flat but the registered agreement of the flat is with the bank. We wanted to know which is the most convenient way by which we can get me as a co-owner of the property before we get the possession of the flat so that we can claim tax benefits under Section 80 C.
We have recently purchased a 2BHK flat in Pune but we are yet to get possession of the flat. Me and my husband, we both are the co-bearers of the loan but we are not the co-owners of the flat. The builder has not yet prepared the sale deed of the flat but the registered agreement of the flat is with the bank. We wanted to know which is the most convenient way by which we can get me as a co-owner of the property before we get the possession of the flat so that we can claim tax benefits under Section 80 C.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can enter into a tripartite agreement with the developer inter alia in respect of the flat and which tripartite agreement could also be the sale deed which can be executed prior to the completion of the construction of the property or in the alternative an agreement can be made between the husband and wife whereunder the husband transfers a proportionate undivided interest in the flat in fa...
(View more)
Regulations
#society#process#redevelopment#builder#provide
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Answered on November 08, 2017
As per Regulation the Fungible for Rehab isFree to the extent of 35% of their existing area and canot be used for Sale. However Legally areas can be sold and a way be deviced to do so
Regulations
#builder#construction#true
How long does it take to get full approval of a building before which a builder can start construction? Is it true that there are mutliple clearances from difference departments before one can start work?
How long does it take to get full approval of a building before which a builder can start construction? Is it true that there are mutliple clearances from difference departments before one can start work?
Answered on November 08, 2017
Yes there are Multiple Remarks and Submission Documents before Approval is granted. Earlier the Approval Times was 180 Days to even more. But due to the Ease of Doing Busimness Policy of Government and Online processing the timelines have reduced and is reduced to 60 days
