Results for #registered
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.
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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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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...
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RERA
#land area#apartments#registration#land#registered
If a real estate project has land area less than 500 sqmts but contains more than 8 apartments. Does it still need to be registered?
If a real estate project has land area less than 500 sqmts but contains more than 8 apartments. Does it still need to be registered?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered
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.
RERA
#flat#buyer#duly#registered#maha
How does a flat buyer know if a real estate project is duly registered under Maha RERA?
How does a flat buyer know if a real estate project is duly registered under Maha RERA?
Aahwaana Ramesh
40 Answered
Answered on November 08, 2017
Flat buyer can log on to MAHA RERA to check if the project is duly registered. Flat buyer can also demand from the Promoter the Project Registration No. under RERA and then verify from MAHA RERA website.
Legal
#flat#nominee#owners#sell#poa
I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow title to property. After the demise of your wife, you and your daguhter become the joint owners of her share in the property (if there are no other children/heirs). You can obtain a General POA from your daughter for sale of the property. The POA can be executed by your daughter abroad before the Indian embassy and then forward the same to India for adjudication and p...
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RERA
#land#registered
If a real estate project has land area more than 500 sqmts but containing less than 8 apartments. Does it still need to be registered?
If a real estate project has land area more than 500 sqmts but containing less than 8 apartments. Does it still need to be registered?
Dhvanil Vakharia,Design Engineer
31 Answered
Answered on November 08, 2017
( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered
Legal
#transferred#havent#registered
Are there any repercussions if a sale deed is not transferred into an absolute sale deed? I have a house site that I had purchased 20 years back and I still haven't registered it as an absolute sale deed, could this be a problem?
Are there any repercussions if a sale deed is not transferred into an absolute sale deed? I have a house site that I had purchased 20 years back and I still haven't registered it as an absolute sale deed, could this be a problem?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any document to an immoveable property, has to be by way of a registered document only. The same however does not per-se take away title to the property, but the same does make the title of the owner defective if his sale deed is unregistered.
Legal
#co-operative#society#rented#agreement#tenant
We are a Co-operative Housing Society and we have rented out the Gym of our building for the past three years. We have an agreement with the tenant for the same, however the agreement is not registered. Will this make our agreement invalid? If so, what is the solution to it?
We are a Co-operative Housing Society and we have rented out the Gym of our building for the past three years. We have an agreement with the tenant for the same, however the agreement is not registered. Will this make our agreement invalid? If so, what is the solution to it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The non-registration of the rental agreement does not render the Agreement as invalid, however, in the event of a litigation, the non-registration of the agreement could effect the admisibility of the same in evidence.
Society Matters
#flat#registered#procedure
I own a flat which is registered under my name. What is the procedure for adding a second and or third name, for example of my wife or son?
I own a flat which is registered under my name. What is the procedure for adding a second and or third name, for example of my wife or son?
Answered on November 08, 2017
There is no provision to add additional names in the document of the flat already registered. In my opinion to add names of your wife and son, you can gift 1/3rd share to each one of them, it will attract minimum stamp duty of Rs 200 each. Subsequently you can approach Society with necessary forms to add their names in Share certificate.
