Results for #payment
Legal
#government#payment#delayed#certificate#selling
305 people including me bought flats from the government scheme and did a full payment. Now this has been delayed for 12 years on flimsy demand of the third party certificate of no addition or alteration. But the RWA president is refusing to give us a selling deed saying that it is purely a matter between the seller and the buyer. For how long can CGEWHO delay this conveyance deed? Also, can the deed be delayed on such pretext?
305 people including me bought flats from the government scheme and did a full payment. Now this has been delayed for 12 years on flimsy demand of the third party certificate of no addition or alteration. But the RWA president is refusing to give us a selling deed saying that it is purely a matter between the seller and the buyer. For how long can CGEWHO delay this conveyance deed? Also, can the deed be delayed on such pretext?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If, the flats are sold on ownerhsip basis, then the conveyance cannot be delayed at all and in fact under the provisions of the real estate and regulation act, the conveyance has to be effected immediately once more than 50% of the total units in the building has been sold and such purchasers have made the full payment of the consdieration amount.
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.
RERA
#promoter#payment#instalments#buyer#maha
What is the limit on interest that can be levied by the promoter in case of default in payment of any instalments by buyer under Maha RERA
What is the limit on interest that can be levied by the promoter in case of default in payment of any instalments by buyer under Maha RERA
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
The rate of interest payable by the promoters to the allottees or by the allottees to the promoters, as the case may be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent: Provided that in case the State Bank of India Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from t...
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Legal
#flat#payment#agreement#avoid#selling
I jointly own a flat along with my brothers. I have done the complete payment for this flat and now I wish to take their name off the agreement to avoid the requirement of their signature when selling the flat. Please suggest a feasible process for the same.
I jointly own a flat along with my brothers. I have done the complete payment for this flat and now I wish to take their name off the agreement to avoid the requirement of their signature when selling the flat. Please suggest a feasible process for the same.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can get the flat transferred to your name by asking your brother to sign a release deed in your favour. In Maharashtra, a Release Deed executed without consideration, is required to be stamped for Rs.200/- only. The Release Deed will however have to be registered.
Taxes & Duties
#land#capital#payment#sell#exemption
My brother has recently sold some land. He wants to buy my house so that he can minimize his capital gains tax payment. If I sell him my house, will he be eligible to claim exemption on the tax as intended?
My brother has recently sold some land. He wants to buy my house so that he can minimize his capital gains tax payment. If I sell him my house, will he be eligible to claim exemption on the tax as intended?
Answered on November 08, 2017
As your brother is selling land and is willing to acquire residential flat, he can claim the exemption under section 54F of the Income Tax Act which allows purchase of residential property against sale of any long term capital asset. If the cost of property purchased is higher than sale consideration of the land then entire capital gains will be exempt otherwise only proportionate gains will be...
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RERA
#interest#promoter#default#ceiling#payment
Is there a ceiling on the interest to be levied by the promoter in case of default in payment of any instalments by the allottee/buyer?
Is there a ceiling on the interest to be levied by the promoter in case of default in payment of any instalments by the allottee/buyer?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) In accordance with the model form of agreement, the Allottee has to pay to the Promoter, a rate of interest equal to the State Bank of India highest Marginal Cost of Lending Rate plus two percent, on all the amounts which become due and payable by ...
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Legal
#flat#construction#payment#paid#builder
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since there is balance amount to be paid under the agreement with the Builder, the NOC from the Builder will be required for concluding the sale. However, the Builder cannot demand the balance 20% amount if it is not due, merely because the buyer desires to sell the flat.
Legal
#payment#options#mortgage
I want information on what are the payment options provided by lending institutions under reverse mortgage schemes?
I want information on what are the payment options provided by lending institutions under reverse mortgage schemes?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague.
Legal
#association#charging#maintenance#mentions#payment
I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would depend under which act is the association registered. Is it the co-operative societies act or the apartment ownership act. The provisions of such act would have to be read with the terms of the sale deed and anything contrary to the act, would negate the terms of the sale deed and could invite litigation.
Legal
#kiran#land#worth#paid#payment
Kiran has bought a land worth 40 lakhs from Aman. Kiran paid 10 lakhs to Aman as advance payment and still owes Rs. 30 lakhs to him. They have a written agreement that states that if the remaining amount is not paid to Aman, Kiran's registration will be foregone. Kiran has given the Power of Attorney of the land (which is revocable) to Ram for Rs. 15 lakhs. Kindly advice, if it is possible for Ram to register the land in the name of his wife before the Power of Attorney is revoked by Kiran?
Kiran has bought a land worth 40 lakhs from Aman. Kiran paid 10 lakhs to Aman as advance payment and still owes Rs. 30 lakhs to him. They have a written agreement that states that if the remaining amount is not paid to Aman, Kiran's registration will be foregone. Kiran has given the Power of Attorney of the land (which is revocable) to Ram for Rs. 15 lakhs. Kindly advice, if it is possible for Ram to register the land in the name of his wife before the Power of Attorney is revoked by Kiran?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the title of Kiran is itself incomplete and thus, any transaction by Ram in favour of his wife would be of no consequence and would not pass any title to his wife.
