Results for #paid
Legal
#paid#register#stampduty
I have paid Stamp Duty in 2010 which I forgot to register. Do I have to pay the Stamp Duty again and if I have to, do I have to pay it at present Market Value or past Market Value?
I have paid Stamp Duty in 2010 which I forgot to register. Do I have to pay the Stamp Duty again and if I have to, do I have to pay it at present Market Value or past Market Value?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you have paid the stamp duty prevelent in the year 2010 at the time of execution of the Agreement, then you would not be required to pay any additional stamp duty merely because the document has remained to be registered.
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
#flat#agreements#paid#registration#redevelopment
I purchased a flat and I am the sixth party in the scenario. All the other five agreements are in place out of which the third party has not paid the stamp duty, but he has donet he registration. Will this affect me in the future with regards to the sale or redevelopment. Do I have to pay the stamp duty?
I purchased a flat and I am the sixth party in the scenario. All the other five agreements are in place out of which the third party has not paid the stamp duty, but he has donet he registration. Will this affect me in the future with regards to the sale or redevelopment. Do I have to pay the stamp duty?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague, registration would not have happened if stamp duty was unpaid on the document in question.
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.
RERA
#delay#possesion#interest#possession#promoter
In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?
In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Yes. In accordance with the model form of agreement, if the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend...
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Legal
#property#paid#completely
My husband and I own a joint property for which I paid completely. Now, we are headed for a divorce and I want the property to myself but my husband is not agreeing to this. What can I do to get this done?
My husband and I own a joint property for which I paid completely. Now, we are headed for a divorce and I want the property to myself but my husband is not agreeing to this. What can I do to get this done?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to file a suit to prove that the entire amount for puchase of the Flat has been paid by you and that the name of the husband was added in the Sale Deed for convenience only. Also, the provisions of the Income Tax act provide for ownership of a property in proportion to the amount paid for acquiring the same.
Legal
#owner#flat#transfer#documents#consideration
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file for specific perfomance of the Agreement of Sale i.e. Sale Deed. You can approach a Civil Court and seek directions against the owner to execute necessary documents for completing the transfer of the Flat in your favour.
Taxes & Duties
#vat#paid#agreement#builder#flat
I have a doubt on the VAT to be paid on an agreement value. My builder is asking me to pay 5% VAT on the agreement value for a flat bought in June 2008. Please suggest as to who is liable to pay the VAT and how much should it ideally be?
I have a doubt on the VAT to be paid on an agreement value. My builder is asking me to pay 5% VAT on the agreement value for a flat bought in June 2008. Please suggest as to who is liable to pay the VAT and how much should it ideally be?
Answered on November 08, 2017
In Maharashtra, VAT on sale of underconstructed property brought into effect from June 2006. Hence, builder would be liable to pay VAT on agreement to sale effected in June 2008. There are various methods for arriving at the taxable value of transfer of property in goods during construction.
Libality to pay VAT by flat buyer to the builder would be dependent on the contractual arrangement betw...
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Legal
#flat#possession#paid#payment#liable
I won a flat that I purchased in 2010 and got the possession by the end of the year. I paid the 1% service tax on the flat at the time of the payment, but I did not pay any service tax as there was a case that was going on, about the percentage of the service tax on homes. Am I liable to pay this tax? If yes, how much ?
I won a flat that I purchased in 2010 and got the possession by the end of the year. I paid the 1% service tax on the flat at the time of the payment, but I did not pay any service tax as there was a case that was going on, about the percentage of the service tax on homes. Am I liable to pay this tax? If yes, how much ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to pay service tax on the value of the flat as mentioned in your agreement. However, the same would also depend on the terms relating to payment of service tax and as contained in the Agreement.
Taxes & Duties
#flat#allotted#purchase#consideration#paid
I applied for a flat which was allotted three months later, entire purchase consideration was paid by me in instalments. Possession is not yet offered by the developer. I have entered in an agreement to sell, I have received the advance and will receive the balance amount soon. How can I calculate the tax liability on this?
I applied for a flat which was allotted three months later, entire purchase consideration was paid by me in instalments. Possession is not yet offered by the developer. I have entered in an agreement to sell, I have received the advance and will receive the balance amount soon. How can I calculate the tax liability on this?
Answered on November 08, 2017
Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. The said gains will be considered as long term capital gains or short term capital gains based on the period of holding of the property. If the residential flat is held by you for a period more than 24 months than the same will be long term else short term. Indexation needs...
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