Results for #letter
Legal
#nri#flat#certificate#letter#possession
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. As the same does not record from whom the flat has been acquired.
Legal
#loan#bank#letter#registering
My home loan has been completed and is closed, the bank has given me the covering letter as well as the release deed. Although they stopped before registering it as I am the guarantor to an NPA home loan a/c holder. Is this law correct?
My home loan has been completed and is closed, the bank has given me the covering letter as well as the release deed. Although they stopped before registering it as I am the guarantor to an NPA home loan a/c holder. Is this law correct?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the Bank will not be entitled to stop registration of the release deed, however, the bank will be entitled to obtian a decree/ order against you in your capacity as guarantor for the loan in question and seek sale of your flat for repayment of the loan.
Legal
#society#redevelopment#developer#society#bring
Our society will soon be undergoing redevelopment, for which we have appointed a developer. Society needs to conduct an EGM in order to bring forward the essential updates in front of the society members. I have been sending written letter to the Chairman of our society requesting him to conduct the EGM meeting at the earliest. Even after sending him 3 letter dated 8.12.2012, 15.12.2012 and 22.12.2012 he has not conducted the meeting yet. We have decided to write to the registrar regarding the same. Kindly advice the course of action for the same.
Our society will soon be undergoing redevelopment, for which we have appointed a developer. Society needs to conduct an EGM in order to bring forward the essential updates in front of the society members. I have been sending written letter to the Chairman of our society requesting him to conduct the EGM meeting at the earliest. Even after sending him 3 letter dated 8.12.2012, 15.12.2012 and 22.12.2012 he has not conducted the meeting yet. We have decided to write to the registrar regarding the same. Kindly advice the course of action for the same.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can complaint to the Registrar of Co-operative Societies for the failure of your society's managing committee to conduct EGM of 1/4th of the total number of members of your society and can make a requisition in writing to the societies managing commitee to call for such EGM, failing which the members themselves shall be entitled to call for such meeting.
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.
Taxes & Duties
#property#july#letter#purchase
I bought a property after July 2010. I have received a letter from the Central Govrnment asking for service tax which is due on this property. Is the service tax due on such a purchase?
I bought a property after July 2010. I have received a letter from the Central Govrnment asking for service tax which is due on this property. Is the service tax due on such a purchase?
Answered on November 08, 2017
The liablity to pay service tax is on the service provideer (builder in this case). Service tax department cannot raise demand on the buyer of the property to pay service tax on behalf of the builder.
Legal
#government#letter#beneficiary#document
Are there provisions for a written statement, given in front of witnesses, being considered as a will by the government? My father with 2 witnesses wrote such kind of a letter mentioning my brother as the sole beneficiary of his will. Can this document be considered a will in the court? Note that there was also one medical practitioner present, at the time when this letter was written, to certify the well being of my father's health.
Are there provisions for a written statement, given in front of witnesses, being considered as a will by the government? My father with 2 witnesses wrote such kind of a letter mentioning my brother as the sole beneficiary of his will. Can this document be considered a will in the court? Note that there was also one medical practitioner present, at the time when this letter was written, to certify the well being of my father's health.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A will can be in any form and the letter executed by your father will have to be proved in a court of competent jursdiction whilst seeking Probate of the same.
Legal
#flat#redevelopment#letter#builder#allotted
I purchased a flat which was in a redevelopment project, for which I have an allottment letter from the builder. Before redevelopment, the existing building had 144 flats, and the redeveloped building is supposed to have 450 flats. Apart from the flats which have to be allotted to the existing tenants, the builder has sold about 80-90 flats. Now, he has stopped construction citing lack of funds. In this case, if the society (that owns the land) changes the builder on this project, will I still get the flat I have been allotted?
I purchased a flat which was in a redevelopment project, for which I have an allottment letter from the builder. Before redevelopment, the existing building had 144 flats, and the redeveloped building is supposed to have 450 flats. Apart from the flats which have to be allotted to the existing tenants, the builder has sold about 80-90 flats. Now, he has stopped construction citing lack of funds. In this case, if the society (that owns the land) changes the builder on this project, will I still get the flat I have been allotted?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the law laid down by the Supreme Court, on change of a developer in view of termination of the development rights granted to the old developer, the purchasers from such old developer would not have any claims in respect of the flats against the Society and the New Developer. You can however claim refund of monies with interest from the Old Developer. The above would however be subject to...
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