Results for #construction
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
#buying#flat#under-construction
Which is the wiser thing to do with an eye for investment; buying a ready flat or an under-construction flat?
Which is the wiser thing to do with an eye for investment; buying a ready flat or an under-construction flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Ready flat would be expensive compared to a underconstruction flat.
Legal
#loan#bangalore#agreement#construction#sell
My brother bought a house on loan in Bangalore and completed the loan tenure after which LIC returned the sale deed but did not return the original sale agreement and the construction agreement, we did not bother then. Now when we are willing to sell the flat the bank giving the loan to the buyer is asking for these documents, what do we do in this case? We tried contacting LIC but they said that they destroyed old documents.
My brother bought a house on loan in Bangalore and completed the loan tenure after which LIC returned the sale deed but did not return the original sale agreement and the construction agreement, we did not bother then. Now when we are willing to sell the flat the bank giving the loan to the buyer is asking for these documents, what do we do in this case? We tried contacting LIC but they said that they destroyed old documents.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to give indemnities to the Buyer for the loss of the original documents and the Bank granting the loan to the Buyer would have to be satisfied with such indemnities and should also be satisfied that the loss of such documents does not affect your title to the house.
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
#construction#document#flat#separate#sell
I own a two storey building in my name, although I did not have enough funds to undertake the whole construction so I asked my brother to pay for the construction of the first floor. But there was no written document. We also agreed that I would buy the flat from him after I can, when my kids grow up. He owns a separate house now, but he isn't willing to sell the property to me even when I am ready to pay more. What can I do about this?
I own a two storey building in my name, although I did not have enough funds to undertake the whole construction so I asked my brother to pay for the construction of the first floor. But there was no written document. We also agreed that I would buy the flat from him after I can, when my kids grow up. He owns a separate house now, but he isn't willing to sell the property to me even when I am ready to pay more. What can I do about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and doesnt add up. The facts are contradictory.
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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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
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
Redevelopment
#construction
How long does it conventionally take to complete the construction of a 12-storey building?
How long does it conventionally take to complete the construction of a 12-storey building?
Answered on November 08, 2017
Without knowing the size of the proposed building, its difficult to assess completion time for the building. It all depends on the size of the plot, plan whether there is a basement or a podium or both or none. However, If all the permissions are in place and plans are sanctioned then a standalone building with basement or car parking floor/podium should take around 30/36 months for the complet...
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Taxes & Duties
#flat#under-construction#property#landlord#builder
I recently purchased a flat which is in an under-construction property. The landlord and builder own half the flats each as per the JDA. The flat I am purchasing is from the landlord. He is not going to pay VAT and ST on this transaction, maybe he will pay capital gains tax. In such a situation, will the new law of cutting 1% TDS be applicable to me?
I recently purchased a flat which is in an under-construction property. The landlord and builder own half the flats each as per the JDA. The flat I am purchasing is from the landlord. He is not going to pay VAT and ST on this transaction, maybe he will pay capital gains tax. In such a situation, will the new law of cutting 1% TDS be applicable to me?
Answered on November 08, 2017
Yes, the provision of section 194IA of the Income Tax Act will be applicable in this case and accordingly if the consideration to be paid is 50 lakhs or above then TDS @ 1% is required to be deducted.
