Dhiren Shah Advocate & Solicitor
A practising Solicitor with over 15 years of experience in Litigation and Non-Litigation matters and specialising in property and real estate related laws, he has also been a Counsel for the Government of India in the High Court of Bombay and has handled numerous important matters on behalf of the Central Government
Answers
Leave & License
Can a flat ownership be safely given via leave and license? What are the problems that can be suffered if this goes wrong?
Can a flat ownership be safely given via leave and license? What are the problems that can be suffered if this goes wrong?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Leave and License is the safest way to let out a residential flat. Mostly all states have a competent authority to go to for violation of the terms of the leave and license and/or for eviction. So u dont have to go to Court. If Leave and License if for a period over 5 yeaars, then its treated as a Lease and thus requiring to go through a civil court to redress griviances, which is time consuming.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Normally Owner or the lessor as the case may be would not permit sub letting the premises.
Leave & License
Till the time the mortgagee has possession of the property, what are his liabilities?
Till the time the mortgagee has possession of the property, what are his liabilities?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. Mortgagee would have possession only of Mortgagor has not cleared dues/loan. WOuld all depend on terms of the Mortgage.
Leave & License
Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One has to look at the terms of the rental/lease agreement. Standard practise is to give 1/3 months notice period before vacating. If there is no such provision in the agreement then one can stop paying rent after vacating the house.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it freezes the rent to a large extent and does not permit Landlord to increase rent arbitrarily. Plus it also provides protection against unjust eviction.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
For non payment of lease rent and for violation of the terms of the lease.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Lease agreement can be terminated only if lessee has violated terms and condition of the agreement. Lease can be terminated by giving a notice in writing to that effect.
Leave & License
If a lease is over and the landlord accepts another rent payment from the leasee, does it amount to the lease being renewed automatically?
If a lease is over and the landlord accepts another rent payment from the leasee, does it amount to the lease being renewed automatically?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, mere payment of rent will not tentamount to renewal, for the renewal of the lease agreement one has to registered the lease agreement with the office of the sub registrar
Leave & License
If a suit has been filed to evict the lessee, can the leasee then prevent the termination of the lease?
If a suit has been filed to evict the lessee, can the leasee then prevent the termination of the lease?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Suit for eviciton can be filed only if Lease is terminated. The outcome of the Suit will be dependent on whether the Lease has been validly terminated and for just reasons.
Leave & License
Besides using a real estate broker, how else can one find a flat for rent in Mumbai?
Besides using a real estate broker, how else can one find a flat for rent in Mumbai?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One can place an ad in the newspaper or refer to various online portals available to find properties available on rent.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Insert appropriate caluses in the Lease Deed to that effect.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Lease is governed under the provisions of the Transfer of Property Act. Tenancy if governed under the relevant State Rent Statutes.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It will depend on the terms of the Business Conducting Agreement. If possession is granted to the party, then eviction of the party will be only through a Suit in a civil Court. Leave and License is better.
Leave & License
Under what situation does a 'tenancy at will' arise. Once it arises, when does it end?
Under what situation does a 'tenancy at will' arise. Once it arises, when does it end?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Tenancy at Will is a vague concept. It will depend on facts of each case. Tenancy usually entials payment of rent to the Landlord.
Leave & License
Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, by serving legal notice of eviction to the tenant.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, tenancy can't be alienated. it goes back to the owner after death of a tenant if no one is staying with the tenant. Owner can transfer the tenancy in the name of a spouse or a son living with the demised person.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A debutter is an endowment much less a trust although it can be created through the medium of trust in which the property vests in the trustees and the deity /God is the beneficiary. Not necessary that debutter be always a registered deed.
Leave & License
In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Detailed information for the same can be found here. http://www.incometaxindia.gov.in/Acts/Transfer%20of%20Property%20Act,%201882/102120000000008804.htm
Leave & License
I own a few commercial and residential properties. Some of these properties are occupied by people who aren't paying any rent or vacating the property. What can I do in this situation?
I own a few commercial and residential properties. Some of these properties are occupied by people who aren't paying any rent or vacating the property. What can I do in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Are these people occupying properties on rental through Pagdi, by way of Lease agreements or forcefully? In case of pagdi system, it will be difficult process as they will be protected under rent control act. In case of forceful occupation or lease agreements one can take help of a lawyer and file a suit for eviction.
Leave & License
On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the law does not permit forcible eviction. Eviction can be done only by following due process of law.
Leave & License
My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the mother is not alive, then the Daughters can take legal action by filing a suit for the eviction in court. Else, the daughters can take a Power of Attorney from the Mother and file a suit for eviction.
Leave & License
I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Ideal way is to either give an advertisement in local news paper or inform brokers dealing in rentals about the availibility of an office premises on rental.
Leave & License
My father owns a property in Mumbai which he has given on rent to a person for the past 22 years. I wanted to know if there is a time limit before the tenant can claim legal possession of the property?
My father owns a property in Mumbai which he has given on rent to a person for the past 22 years. I wanted to know if there is a time limit before the tenant can claim legal possession of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If a person staying on rental (pagdi)/MOnthly tenancy basis then he is protected under rent control act. However, Property let out on leave and license basis prior to February 1973 to a Licensee, are since February 1973 treated a Deemed Tenant instead of Licensee, by virtue of an amendment to the Rent Act.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any property which is leasedwould be governed by the Transfer of Property Act and property let on monthly tenancy basis would be governed by Rent Control Act.
Leave & License
I am a landlord and I want my tenants to vacate the flat before the end of the lease period. Can I do that?
I am a landlord and I want my tenants to vacate the flat before the end of the lease period. Can I do that?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Refer to : (1) clause of 'lock in period'in your agreement, if it permits, you may send due notice to your tenant for vacating the premises. (2) If the tenant is not maintaining your premises as required by him/her, you may send him/her notice to vacate the premises.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
An instrument creating a lease of immovable property for a term of one year and above is required compulsorily to be registered by virtue of provisions of Section 17 (d) of the Indian Registration Act. Therefore, Leave & License Agreements were being executed for a period of 11 months with the intention to avoid the stamping and registration of such agreements and treating such agreements as a ...
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Leave & License
Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It is a very subjective question that can be answered on a case to case basis. Are you looking to buy and lease a flat in a distant suburb of mumbai just as an investment, but prefer that you are close to work and want to rent another property there ? Or are you planning to ensure that rental income of one place is used to offset the other. There are too many reasons why this may or not may not...
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There is no law, it is generally decided mutually.
Leave & License
I am looking forward to take an apartment in Mumbai on a leave and license basis. Are there any precautions I need to take? Also, is it completely safe?
I am looking forward to take an apartment in Mumbai on a leave and license basis. Are there any precautions I need to take? Also, is it completely safe?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It is safe if following steps are adhered to: 1. Check the background of the proposed tenant; 2) Prepare an Agreement with clauses for: (a) Licence fees, (b) Deposits, (c) Recurring charges like electricity, phone bills etc. to be borne by?, (d)Terms: like rental payments due dates, renewal of term etc., (e) Lock in period, (f) Termination, (g) liquidated damages, (h) To establish complete righ...
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Purchase & Sales
#underconstruction
We paid a small token in cheque and rest in cash to a builder for 4 offices in a under construction property in andheri. the project has not seen the light of day since 2008. Now we hear that the builder has made a deal to sell the plot to the neighboring plot owner. how can we ensure that he does not get paid without compensating the investors ? Can he make us the payment in cheque since he will receive all cheque for this new deal. will we be taxed on it as we paid only a small token in cheque. how much should we expect ?
We paid a small token in cheque and rest in cash to a builder for 4 offices in a under construction property in andheri. the project has not seen the light of day since 2008. Now we hear that the builder has made a deal to sell the plot to the neighboring plot owner. how can we ensure that he does not get paid without compensating the investors ? Can he make us the payment in cheque since he will receive all cheque for this new deal. will we be taxed on it as we paid only a small token in cheque. how much should we expect ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You have to file a suit and get an injunction against the developer from creating third party rights in respect of the offices sold to you and further that any agreement done by him in favour of a third party would be subject to your rights in the offices. Further, unless you are able to prove payments made in cash (if the same is disputed by your builder) then seeking compensation to that exte...
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Legal
#property
Do I have a legal right over the funds from the sale of a property that is jointly owned by my parents? My mother has passed away, and her brothers are claiming the funds of her share.
Do I have a legal right over the funds from the sale of a property that is jointly owned by my parents? My mother has passed away, and her brothers are claiming the funds of her share.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The brothers of your mother would not have any share in the estate of your mother.
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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Legal
#land#divided#ownership#transferred
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, of the two deceased sisters had a share in the property, then their heirs would also be entitled to their share therein.
Legal
#property
We are a family of four including me, my parents and my brother. My parents were living separately and now my dad passed away recently. I got married seven years ago . My mother has married someone else now. Now I want to know what rights do my mother, brother and I have on my father's property?
We are a family of four including me, my parents and my brother. My parents were living separately and now my dad passed away recently. I got married seven years ago . My mother has married someone else now. Now I want to know what rights do my mother, brother and I have on my father's property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The property would devolve on the children of your father in view of your mother having remarried.
Legal
#agricultural#land#sell#capital
My father owns an agricultural land which he purchased for INR 25,000 17 years ago. Some miners are interested in this land due to the presence of some ores. So, if I sell it for 50 lacs will I have to pay capital gains tax? If yes, how much?
My father owns an agricultural land which he purchased for INR 25,000 17 years ago. Some miners are interested in this land due to the presence of some ores. So, if I sell it for 50 lacs will I have to pay capital gains tax? If yes, how much?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague, as it does not say whether you or your father desires to sell the plot. It would infact depend on when you got the property from your father.
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
#flat#heir#transferred
We are staying in a flat that is in my father-in-laws name and he passed away recently. My wife is the heir to this flat according to the will. How can I get it transferred to her name?
We are staying in a flat that is in my father-in-laws name and he passed away recently. My wife is the heir to this flat according to the will. How can I get it transferred to her name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
She can seek Letters of Adminsitration from a court of competent civil jurisdicition, if her father has died intestate i.e. without leaving any Will.
Legal
#capital#property
What is the approximate slab of capital gains tax out of the profit earned from the sale of the property?
What is the approximate slab of capital gains tax out of the profit earned from the sale of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There are two tax slabs, short term gains and long term gains i.e. 20% and 10% respectively.
Legal
#property#loan#capital
My mother in law is 67 years old. She sold her previously owned property and bought two flats from the sale proceeds of the previous property. One of the flats is only 15% covered. She bought one of the flats with my wife and one along with my wife and me so that we get a home loan. Now I want to know that even after re-investing all of her sale proceeds will she fall under capital gains tax ambit?
My mother in law is 67 years old. She sold her previously owned property and bought two flats from the sale proceeds of the previous property. One of the flats is only 15% covered. She bought one of the flats with my wife and one along with my wife and me so that we get a home loan. Now I want to know that even after re-investing all of her sale proceeds will she fall under capital gains tax ambit?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on the gains made by her on the sale of the earlier property qua the price at whihc she broguht the same originally and also whether such gains has been fully invested within 1 year of the sale of her property.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, its a good industry with good returns.
Legal
#reside#property#poa#provide
I reside in the US and wish to buy a property in India. Can I give my father the POA and execute this? If yes, could you provide a specimen on the same?
I reside in the US and wish to buy a property in India. Can I give my father the POA and execute this? If yes, could you provide a specimen on the same?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, if you are an Indian National, then you could execute such Power of Attorney before the Indian Emabassy and forward the same here for adjudication and payment of stamp duty.
Legal
#nri#gifted#flat#delhi#registered
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your mother in law can gift the same to your wife by way of a Gift Deed which will attract minimum stamp duty.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes a Will can be revoked by making a furhter Will or merely reevoking the earlier Will vide a writing etc.,
Legal
#possession#flat#owner
I recently got the possession of a flat that I have recently purchased. I want to know what an occupation means and it's purpose. Is it given to the individual flat owner or to the building? And how can I get it?
I recently got the possession of a flat that I have recently purchased. I want to know what an occupation means and it's purpose. Is it given to the individual flat owner or to the building? And how can I get it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Occupation Certificate is given to the Building and that means that the building is constructed in accordance with the approved plans and is habitable to reside with all essential amentities i.e. water, lift etc.,
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.
Legal
#probate#flat#transferred#property#registrar
There was a probate from the Bombay high court that stated that my father's flat should be transferred to the trust that he has named. But this was not claimed and the property was transferred in my name as I am the only daughter of my late father and the trustee of the trust. I appealed to the deputy registrar to get this transferred in the name of the trust and it was passed as well. But the Man. committee is still not allowing this so I am holding the ownership being the trustee of the trust, is this allowed?
There was a probate from the Bombay high court that stated that my father's flat should be transferred to the trust that he has named. But this was not claimed and the property was transferred in my name as I am the only daughter of my late father and the trustee of the trust. I appealed to the deputy registrar to get this transferred in the name of the trust and it was passed as well. But the Man. committee is still not allowing this so I am holding the ownership being the trustee of the trust, is this allowed?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and doesnt add up.
Legal
#loan#property#remaining#implications
I have used 75% of my sale proceeds to clear the loan on the property and the remaining to invest in gold, what would be the tax implications that I face?
I have used 75% of my sale proceeds to clear the loan on the property and the remaining to invest in gold, what would be the tax implications that I face?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and would depend on when you brought the property and what is the capital gains that you have made from sale of such property.
Legal
#register#property
I want to register my father's property on my name. Both my parents have passed away and my elder sister is married already. She received her share during her wedding. How can I get my share without much expenses?
I want to register my father's property on my name. Both my parents have passed away and my elder sister is married already. She received her share during her wedding. How can I get my share without much expenses?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your sister would have to consent to the transfer of the property in your name and you can seek letters of adminsitration form a court of competent civil jurisdiction to permit you to administer the property and thereafter to transfer the same to your name with the consent of your sister.
Legal
#gift#ancestral#property
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can challenge the gift deed and also file a suit for partition to claim your share in the property and if the Gift Deed affects your share in the ancestral property.
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
#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.
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
#pune#ownership#property
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the status of the property does not change merely because you plan to go abroad for few years.
Legal
#nri#property#loan#selling
I am an NRI, I plan to jointly buy a property along with my father. The funding would be from a loan that I take and from the old property that we would be selling. Is it possible to buy a property in these circumstances? Also, could you guide us on the tax implication?
I am an NRI, I plan to jointly buy a property along with my father. The funding would be from a loan that I take and from the old property that we would be selling. Is it possible to buy a property in these circumstances? Also, could you guide us on the tax implication?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No harm in buying property in the manner suggested by you. There would not be captial tax implications if the property you intend to be is residential property and if all gains from selling of the earlier property are invested in buying of the new residential property .
Legal
#property#gift
How can a property be given away under a gift deed if the partitioning is not done among all the claimants?
How can a property be given away under a gift deed if the partitioning is not done among all the claimants?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Undivided interest in the property can be gifted, subject however that the same is not a residential house and is not given to a person who is not a family member.
Legal
#property#flat#aware#vat#maharashtra
I bought a property in Badlapur west. The built up area of this flat is 1495 gqft. I am not aware of the recent developments in the service tax and VAT imposed by the Maharashtra state government. Can you advise me about what the amount of the stamp duty and registration would de?
I bought a property in Badlapur west. The built up area of this flat is 1495 gqft. I am not aware of the recent developments in the service tax and VAT imposed by the Maharashtra state government. Can you advise me about what the amount of the stamp duty and registration would de?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The Service Tax amount and VAT would depend on the market value of the flat/ agreement value and similarly the stamp duty would also depend on the ready reckoner value of the flat at the time of such purchase or the agreement value whichever is higher. Registration Fees is 1% of market value of flat or Rs.30,000/- whichever is lower.
Legal
#property#loan
We want to buy a property that is owned by a minor and his mother. Is it legal to buy this property? Will we get a loan in line with hits property? When the minor comes of age can he ask for his property?
We want to buy a property that is owned by a minor and his mother. Is it legal to buy this property? Will we get a loan in line with hits property? When the minor comes of age can he ask for his property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on the religion the sellers follow, they would have to apply for leave from a court of competent jurusiction, before the minor's share in the proeprty can be sold to you. If such leave is obtained, then there is no harm in acquiring the minor's share in the property.
Legal
#land#property
I have 5 cents of land and my brother has been using this to run his hollow brick business for the last 7 years. I recently got married and want to build my house on that property. Although, my brother is not willing to move out and let me have the property. I am a middle class person while my brother is rich and can use his resources. What can we do in this situation?
I have 5 cents of land and my brother has been using this to run his hollow brick business for the last 7 years. I recently got married and want to build my house on that property. Although, my brother is not willing to move out and let me have the property. I am a middle class person while my brother is rich and can use his resources. What can we do in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit before a civil court to recover possesion of the land.
Legal
#bungalow#owner#doors#windows#park
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
This question has not been answered
Legal
#ancestral#property#flat#salary#transferred
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You could gift the Flat to your daughter, if your two sons agree and can join them as confirming parties in such gift deed. However, if they object for such gifting of the flat in view of their having paid monies to you for acquiring the flat, then it will depend on whether such monies were given as loan or whether the same were paid to the seller at the time of acquiring such flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on the terms of the Franchise Agreement. Usually, the same is done by giving written notice to the other side.
Legal
#property
We are having major family issues related to our property share. We are a family of 5 brother and 2 sisters. I am the eldest brother. My younger brother is in the village and is refusing to give any of us our share. While he has already sold his share without our consent. Even my sister's lawyer husband is unable to do anything about this issue. I am also frustrated as I am not getting importance even after being the eldest in the family. Please guide me on what can be done.
We are having major family issues related to our property share. We are a family of 5 brother and 2 sisters. I am the eldest brother. My younger brother is in the village and is refusing to give any of us our share. While he has already sold his share without our consent. Even my sister's lawyer husband is unable to do anything about this issue. I am also frustrated as I am not getting importance even after being the eldest in the family. Please guide me on what can be done.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for partition in a court of competent civil jurisdiction and seek your share in the family property.
Legal
#deceased#divided#property
My deceased grandfather has four sons and 2 daughters amongst which eldest son died, so my question is how do we divided his property as per the law?
My deceased grandfather has four sons and 2 daughters amongst which eldest son died, so my question is how do we divided his property as per the law?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
All legal heirs of the grandfather will be entitled to their shares in the property depending on the religion you follow, the share of the elder son who has expired will devolve on his heirs.
Legal
#builder#delayed#possession#flat
My builder has delayed the possession of my flat, please let me know a legal way to get this issue solved.
My builder has delayed the possession of my flat, please let me know a legal way to get this issue solved.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can complaint udner the provisions of the RERA and ask for damages/compensation for delay in handing over possession.
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
#property#residential#aunt#grandmother
My grandfather has a property. This property is a residential property and my aunt lives there along with her husband and my grandmother. My aunt can live separately and afford it but she still stays there. My father does not want this drama so he wants to opt out of the share available in the property, but my mother doesn't agree with him and wants to fight for our share. Do my mother and us children have a share in this property and more importantly, can we fight for it?
My grandfather has a property. This property is a residential property and my aunt lives there along with her husband and my grandmother. My aunt can live separately and afford it but she still stays there. My father does not want this drama so he wants to opt out of the share available in the property, but my mother doesn't agree with him and wants to fight for our share. Do my mother and us children have a share in this property and more importantly, can we fight for it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Till you father is alive, you and your mother will have no say in his share and he is free to deal with the same as he deems fit.
Legal
#transfer#property
I have a few doubts regarding the transfer of property. There are some lands owned by my grandfather and some property owned by my father. My sister is married and my elder brother has passed away. I want to know if I can change this property in my mother's name and then later get a will that would transfer it to my name. Also, can this happen without my sister's name? Please suggest if this is possible.
I have a few doubts regarding the transfer of property. There are some lands owned by my grandfather and some property owned by my father. My sister is married and my elder brother has passed away. I want to know if I can change this property in my mother's name and then later get a will that would transfer it to my name. Also, can this happen without my sister's name? Please suggest if this is possible.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your grand father and father have died intestate, then all legal heirs would have a share in the estate left by them and you will not be able to get the properties transferred in the name of your mother, without the signatures of all such legal heirs.
Legal
#commercial#property
I wanted to know that whether I can acquire a commercial property at the age of 17 years.
I wanted to know that whether I can acquire a commercial property at the age of 17 years.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can acquire such property only through your natural or legal guardian, as minors below age of 18 years are not competent to enter into a valid contract.
Legal
#loan#implications#possession
I have purchased a home in my wife's name and home loan on my name. I am planning for a second home in my name. May I know the tax implications on the second home. Also will I benefited if date of possession will be after two years from now?
I have purchased a home in my wife's name and home loan on my name. I am planning for a second home in my name. May I know the tax implications on the second home. Also will I benefited if date of possession will be after two years from now?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Deductions qua interest are limited, if your payment towards interest is more than the stipulated limited permitted under the IT rules, then that much amount will be disallowed whilst computing your income and further, you will be charged notional rent as income from the second flat (on and from receipt of possession of the second flat), even if the same is not rented out then.
Legal
#advice#property#grandmother#promoters
I am looking for advice regarding a property that is owned by my grandfather. My grandfather passed away in 2001 while my grandmother passed away in 2007. They passed way without a will so my father and his bothers/sisters do not have any claims. Also according to he supreme court the sisters did not have any rights to property before 2005. Can I give this property to the promoters to build something? Also, how can I do this?
I am looking for advice regarding a property that is owned by my grandfather. My grandfather passed away in 2001 while my grandmother passed away in 2007. They passed way without a will so my father and his bothers/sisters do not have any claims. Also according to he supreme court the sisters did not have any rights to property before 2005. Can I give this property to the promoters to build something? Also, how can I do this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property is not partitioned prior to 2006 and is still in joint family name, then even the married daughters will have a claim in such property and any transaction in connection with the property will have to be done by all the legal heirs together.
Legal
#divide#property#deceased#commercial
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
An oral will has to be proved before a court of competent jurisdiction and a probate of the same will have to be obtained before the bequest under the Will is given effect to.
Legal
#flat#bangalore#owner#attorney#relatives
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorey executed before the Indian Embassy in USA in a manner recognised in law and forwarded to India and duly adjudicated and stamped can be lawfully used to transfer 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
#property#flat#transfer#gift
I live in New Zealand and I own a property in Mira Road, India. I had bought that flat 13 years back and now I want to transfer the rights of that flat to my sister as a gift. However, I will be unable to visit India in near future so I want your advise on what paperwork do I need to do in order to transfer the property in my sister's name?
I live in New Zealand and I own a property in Mira Road, India. I had bought that flat 13 years back and now I want to transfer the rights of that flat to my sister as a gift. However, I will be unable to visit India in near future so I want your advise on what paperwork do I need to do in order to transfer the property in my sister's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can execute a power of attorney in favour of any of your family member to execute and register such gift deed. The power of attorney can be executed by you before the Indian Embassy in New Zeland and thereafter forwarded to India to pay stamp duty thereon post adjudication.
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?
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
#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?
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
#delhi#registering
I have a plot on GPA in an unauthorized colony in Delhi. As per the latest news, it says the unauthorized colonies have to be regularized at the earliest. How do I go about registering my colony?
I have a plot on GPA in an unauthorized colony in Delhi. As per the latest news, it says the unauthorized colonies have to be regularized at the earliest. How do I go about registering my colony?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would depend on the circular/ notification issued by the Delhi Government in connection with unauthorised colonies.
Legal
#flat#valid
I am from Tamil Nadu, we have executed a sale within us. This sale was for two flats that our parents owned. My sister signed for my flat and I signed for her flat. This was done with a 20rs notary stamp. Is it valid?
I am from Tamil Nadu, we have executed a sale within us. This sale was for two flats that our parents owned. My sister signed for my flat and I signed for her flat. This was done with a 20rs notary stamp. Is it valid?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague as the year in which the transaction took place is not mentioned.
Legal
#builder#sell#flat#parking#booked
As per supreme court norms a builder cannot sell a flat with an open parking space. Without knowing this I booked a flat with an open parking space. Please let me know if I should cancel the booking or not.
As per supreme court norms a builder cannot sell a flat with an open parking space. Without knowing this I booked a flat with an open parking space. Please let me know if I should cancel the booking or not.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The open car parking would belong to the society/ organisation of apartment owners in common and they alone will be entitled to decide as to who gets to use such open car parking space.
Legal
#flat#bangalore#owner#poa#relatives
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Sale Deed through Power of Attorney lawfully executed in the manner recognised by law is not barred and the judgment of the Supreme Court is in fact on the different issue altogther.
Legal
#loan#flat
My friend took a loan from an unsecured source and got debt trapped. This was at a very high rate and it was for a flat. Is there a way where he can get a secured loan on the house and pay off the unsecured loan?
My friend took a loan from an unsecured source and got debt trapped. This was at a very high rate and it was for a flat. Is there a way where he can get a secured loan on the house and pay off the unsecured loan?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would depend on the value of the flat, loan against property can be availed from any bank and/or financial institution and which amount can be utilised to pay off the first loan.
Legal
#flat#paid#rent#save#taxes
My mother owned a flat for which I paid rent to her so that I can show it as her income on the returns. We recently sold the flat and purchased a new flat. In order to save taxes I decided to take a home loan for the flat hence I was the first owner and my mother the joint owner. During the purchase of the flat we had a few doubts about taking a home loan and also we had to make the payment immediately hence we did not take a home loan. As I have already purchased the house and the house is on my name nor can I claim a home loan benefit neither can I show rent in my papers. Please guide me as to how I can save on my taxes?
My mother owned a flat for which I paid rent to her so that I can show it as her income on the returns. We recently sold the flat and purchased a new flat. In order to save taxes I decided to take a home loan for the flat hence I was the first owner and my mother the joint owner. During the purchase of the flat we had a few doubts about taking a home loan and also we had to make the payment immediately hence we did not take a home loan. As I have already purchased the house and the house is on my name nor can I claim a home loan benefit neither can I show rent in my papers. Please guide me as to how I can save on my taxes?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. You will not be entitled to deduct any amounts towards rent in your Income tax returns as the property will be used for your own residence. You can however pay interest to your mother towards the amounts invested by her whilst acquiring the flat.
Legal
#flat#mumbai#terrace#reside#society
A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the terrace area is not a common terrace and has no entrance except from within the flat, then the society will not be entitled to put up any tower on the terrace area. You can file a suit against the society for restraining them from tresspassing into your property and also for removal of the tower.
Legal
#underconstruction#flat#builder#applicable
I need to know more about Service tax rate on underconstruction flat. Yesterday I received a mail from my builder as- ' Dear Sir, this is to inform you that Service tax rate is going to increase from current 3.09% to 4.944% w.e.f. 1.7.2012. So, the difference rate will be applicable to you on your balance amount which you will be paying on or after 1.7.2012.' I wanted to confirm whether there is any such change in the Service tax rate.
I need to know more about Service tax rate on underconstruction flat. Yesterday I received a mail from my builder as- ' Dear Sir, this is to inform you that Service tax rate is going to increase from current 3.09% to 4.944% w.e.f. 1.7.2012. So, the difference rate will be applicable to you on your balance amount which you will be paying on or after 1.7.2012.' I wanted to confirm whether there is any such change in the Service tax rate.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The present question is irrelevant in the light of appilcability of GST with effect from 1st July 2017.
Legal
#flat#registered#month#property
My father and I purchased a flat in the year 2009. The same year I got married. The flat was registered on me, my mom and my ex-wife's name. My marriage landed into trouble after two years as my ex-wife registered a case of DVC & 498A. The DVC judgement said that I need to give my ex-wife Rs.11,000 per month. Please let me know how to remove her name from our property.
My father and I purchased a flat in the year 2009. The same year I got married. The flat was registered on me, my mom and my ex-wife's name. My marriage landed into trouble after two years as my ex-wife registered a case of DVC & 498A. The DVC judgement said that I need to give my ex-wife Rs.11,000 per month. Please let me know how to remove her name from our property.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit in a civil court claiming ownershiop of the flat to the exclusion of your wife and seek appropriate declarations in that regard.
Legal
#property#ideally#divide
My dad passed away a few months ago but he hasn't left any will behind for the property he owns. So how should we ideally divide it among the family members?
My dad passed away a few months ago but he hasn't left any will behind for the property he owns. So how should we ideally divide it among the family members?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The property will devolve on all the legal heirs of your father in accordance with the laws of intested succession depending on the religion you follow.
Legal
#flat#builder#development#agreement#banks
I wish to buy a flat in Vasai and I have gone through a few and zeroed on one. The builder has all the papers and it is approved by CIDCO as well. The only thing that isn't there are the development agreement papers. Most nationalised banks are not providing loan for this reason, but the housing finances like GIc/DHFL are willing to provide loan. Which is why I am confused, what do I do?
I wish to buy a flat in Vasai and I have gone through a few and zeroed on one. The builder has all the papers and it is approved by CIDCO as well. The only thing that isn't there are the development agreement papers. Most nationalised banks are not providing loan for this reason, but the housing finances like GIc/DHFL are willing to provide loan. Which is why I am confused, what do I do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It will all depend on the title of the builder to the land in question. Nationalised Banks are usually very cautious while dispossing such loan. However, financial institutions are aggressive in that connection.
Legal
#tenant#property
What are the rights of tenant under the Rent Control Act if the person is not presently occupying the property in question due to employment elsewhere; the person doesn't actually own any property and is residing in an accommodation provided by his/her employer.
What are the rights of tenant under the Rent Control Act if the person is not presently occupying the property in question due to employment elsewhere; the person doesn't actually own any property and is residing in an accommodation provided by his/her employer.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A tenant having bonafide reasons for not occupying the tenanted premises can seek protection of the provisions of the Rent Act on that ground in any suit filed by the landlord on the grounf of non-occupation.
Legal
#property#sell#transfer#money
My sister recently got American Citizenship, which was an Indian Citizen before. Can she buy a property in India now that she is an American Citizen and if she wants to sell that property, how can she transfer the money to America?
My sister recently got American Citizenship, which was an Indian Citizen before. Can she buy a property in India now that she is an American Citizen and if she wants to sell that property, how can she transfer the money to America?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A person of Indian origin is entitled to hold property in India however, the repatriation of funds on sale of a property in India to abroad would depend on the relevant foreign exchange regulations in that regard.
Legal
#flat#constructed#rented#sell
I have a flat which is co-owned by my wife and currently we are living in the same house. Along with that house, we also have a constructed house which is solely owned by me and I have rented out that house. I am intending to sell that house, so is there a way by which I can claim Gain Tax if I reinvest to buy a second flat in my name?
I have a flat which is co-owned by my wife and currently we are living in the same house. Along with that house, we also have a constructed house which is solely owned by me and I have rented out that house. I am intending to sell that house, so is there a way by which I can claim Gain Tax if I reinvest to buy a second flat in my name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you reinvest the sale proceeds within one year from the date of sale of your property in another residential property, then no capital gains will be attracted on the amount received by you on the sale of your house.
Legal
#property#money
I sold my property recently. I want to know if I can buy multiple properties from this money or am I restricted to buy just one.
I sold my property recently. I want to know if I can buy multiple properties from this money or am I restricted to buy just one.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There is no bar on buying multiple properties.
Legal
#documents#co-operative#society#provide#buyer
What are the documents that a Co-operative Housing Society should provide a buyer with, at the time of selling a house?
What are the documents that a Co-operative Housing Society should provide a buyer with, at the time of selling a house?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No objection certificate inter alia certifying that the member selling the flat has no dues and that the society has no objection for the sale by such member.
Legal
#divided#property#heir
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The real blood brothers of the person declared dead will be entitled to his share in the property.
Legal
#sell#land#bank#loan
My dad want to sell out piece of land in Varanasi, but he is facing a number of problem regarding the same. Can we avail a bank loan on this plot? The evaluation of the land is about 22-24 lakhs so what would be the loan amount we can avail.
My dad want to sell out piece of land in Varanasi, but he is facing a number of problem regarding the same. Can we avail a bank loan on this plot? The evaluation of the land is about 22-24 lakhs so what would be the loan amount we can avail.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Usually, the loan depends on the availibility of the person seeking such loan to repay the same. However, security of the land, the market trend is to give 60-70% of the land value as loan.
Legal
#inherited#property#selling#gift#implications
My mother one of the coparceners of an inherited property. She is selling her share and so are the others. She is willing to split her share gains between me and my sister at 50% each. My sister has asked her share in cash. I have asked my mother to buy a house and then either gift it to me or let me inherit it under a will. Can this be done? What are the tax implications related to this? And how long does it ideally take to get a property without any tax issues?
My mother one of the coparceners of an inherited property. She is selling her share and so are the others. She is willing to split her share gains between me and my sister at 50% each. My sister has asked her share in cash. I have asked my mother to buy a house and then either gift it to me or let me inherit it under a will. Can this be done? What are the tax implications related to this? And how long does it ideally take to get a property without any tax issues?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. However, your mother can surely buy a flat and gift the same to you. You will incur long term or short term captial gains tax in connection with the same when you sell it, depending on the number of years you have held the Flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A married daugther can seek partition of the HUF as the distinction for rights granted to married daughters has since been abolished from the year 2006.
Legal
#agricultural#builder#deal
I am a farmer and I have an agricultural plot of area 5445 sq.ft. I gave this plot to a builder on the deal of getting 45% share for me. After that the builder made another deal for a plot that is behind my plot. That plot doesn't have a direct entrance to the road. Can I object under the terms of not letting them build on a plot along with my plot?
I am a farmer and I have an agricultural plot of area 5445 sq.ft. I gave this plot to a builder on the deal of getting 45% share for me. After that the builder made another deal for a plot that is behind my plot. That plot doesn't have a direct entrance to the road. Can I object under the terms of not letting them build on a plot along with my plot?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would all depend on the terms of the agreement executed between you and the builder, however if you have agreed to revenue share in the development of the plot, then merely because the developer is building the adjoining plot also the same would not affect your share from the transaction.
Legal
#bangalore#registration
I had bought a revenue plot in 1986 in Bangalore. There was no registration at that time so seller just gave me a GPA with all the details. Now, 20 years later, the seller is refusing to do the registration and refusing to identify me. There were also multiple deeds that happened in this time. What can I do about this?
I had bought a revenue plot in 1986 in Bangalore. There was no registration at that time so seller just gave me a GPA with all the details. Now, 20 years later, the seller is refusing to do the registration and refusing to identify me. There were also multiple deeds that happened in this time. What can I do about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Registration was always a requirement even in 1986 and as such if the transaction relating to the plot has not been registered and if the owner is not co-operating for registration now, the only option is to file a suit before a competent civil court for declaration of title to the plot.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. A co-parcener is a member of an HUF and a member is usually a conotation for being a member of a Co-operative society etc.
Legal
#settlement#applicable#stampduty
If there is a family settlement, is stamp duty applicable on the same? This is in Rajasthan. Also, of the stamp duty is applicable can it be minimized?
If there is a family settlement, is stamp duty applicable on the same? This is in Rajasthan. Also, of the stamp duty is applicable can it be minimized?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the family settlement records transfer of property from name of one person to another then the same would attract stamp duty. If the properties had been acquired from joint family funds then the stamp duty can be minimized on that account.
Legal
#possession#rented#flat#paid#construction
I bought a house in Noida and gained possession for the same in March 2012. I live in a rented apartment in Noida. I want to claim a TAX benefit on my other flat for the period of 2011-12. And also 1/5 of the interest on the amount I paid during construction. My query is if I should calculate the notional rent for the month of March as well? I could show it as an income form and show total interest paid as a loss of income. Or should I calculate the rent for the whole year?
I bought a house in Noida and gained possession for the same in March 2012. I live in a rented apartment in Noida. I want to claim a TAX benefit on my other flat for the period of 2011-12. And also 1/5 of the interest on the amount I paid during construction. My query is if I should calculate the notional rent for the month of March as well? I could show it as an income form and show total interest paid as a loss of income. Or should I calculate the rent for the whole year?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague.
Legal
#land#layout#society#owner#paid
I had bought a land in 2003 in a layout that was to be developed by a Co-op housing society. Recently, I received a notice from the original owner of this land and it stated that he still owned the land and has also built walls around the land. I have all the papers stating that this land is mine, like the khata, sale deed and I have also paid all the relevant taxes till date. The society says that all the issues need to be sorted with the landowner. What can I do in this case?
I had bought a land in 2003 in a layout that was to be developed by a Co-op housing society. Recently, I received a notice from the original owner of this land and it stated that he still owned the land and has also built walls around the land. I have all the papers stating that this land is mine, like the khata, sale deed and I have also paid all the relevant taxes till date. The society says that all the issues need to be sorted with the landowner. What can I do in this case?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to file a suit against the land owner and also join the society as a party to such suit and seek reliefs on the basis of your title to the land in question. In such suit, you can also ask for reliefs relating to possession of the land etc.
Legal
#park#mumbai#oc#land
I want to buy an office in Neelkanth group park near vidyavihar station in Mumbai. They are still waiting for the OC. Do they need a clearance from the ministry of environment for their land that is only 4 acres.
I want to buy an office in Neelkanth group park near vidyavihar station in Mumbai. They are still waiting for the OC. Do they need a clearance from the ministry of environment for their land that is only 4 acres.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the total built-up construction on the property exceeds 20,000 sq. mtrs. then permission from the enviroment ministry would be required.
Legal
#nominees#flat#society#nomination#divided
My mother had nominated three of us brother and my late elder brother's wife as the nominees for her flat. The society has denied that there has been any such nomination in any of our names. The flat was divided equally between the four of us, 25% each and they aren't willing to transfer it in our name. We now want to share it between 8 people including us and our children as we wish to sell the flat.
My mother had nominated three of us brother and my late elder brother's wife as the nominees for her flat. The society has denied that there has been any such nomination in any of our names. The flat was divided equally between the four of us, 25% each and they aren't willing to transfer it in our name. We now want to share it between 8 people including us and our children as we wish to sell the flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow title and as such the title to the property will be governed by the relevant laws of succession depending upon your religion. However, all legal heirs can together execute a family arrangement interse deciding to share the proceeds from the sale of the flat in such manner as they may deem fit.
Legal
#citizen#property#rules#regulations#buying
I am an Indian citizen and I wish to buy a property in Nepal. Can you tell me what are the rules and regulations to buying a property in Nepal for an Indian citizen.
I am an Indian citizen and I wish to buy a property in Nepal. Can you tell me what are the rules and regulations to buying a property in Nepal for an Indian citizen.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Indian citizens are permitted to acquire property in Nepal. However, prior to such purchase it is better that you consult a local lawyer in Nepal for the same and investigate the title of the property there.
Legal
#bungalow#entered#agreement#developer#builder
I bought a twin duplex bungalow in Goa that is spread over 148 sq mts. the plot although is 340 sq mts. The bungalows share a common wall. I entered into an agreement of sale along with the developer. According to this the area of the house and the first floor, belong to me as a part of the demarcation by the builder. Do I need to take any precaution before the sale deed?
I bought a twin duplex bungalow in Goa that is spread over 148 sq mts. the plot although is 340 sq mts. The bungalows share a common wall. I entered into an agreement of sale along with the developer. According to this the area of the house and the first floor, belong to me as a part of the demarcation by the builder. Do I need to take any precaution before the sale deed?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You should have the plan of the bungalow made to measure upto scale and have the same annexed to your Sale Deed to avoid any ambiguity as regards the area of land and bungalow sold to you.
Legal
#flat#builder#liable#owner
I bought a 2 BHK flat in Andheri west, I recently found out that this flat was sold to someone else for the last 5 years. What can I do about this? Is the builder liable to pay the other owner?
I bought a 2 BHK flat in Andheri west, I recently found out that this flat was sold to someone else for the last 5 years. What can I do about this? Is the builder liable to pay the other owner?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the flat has been sold to someone before you vide a registered agreement then such person would have a prior claim on the flat then you and you would be entitled to claim refund and damages from the developer.
Legal
#mumbai
I wish to buy an apartment in Mumbai, but all the sellers are asking for a percentage of the amount in cash. This is why I am failing to buy an apartment. Is there an alternative solution to this? Please suggest
I wish to buy an apartment in Mumbai, but all the sellers are asking for a percentage of the amount in cash. This is why I am failing to buy an apartment. Is there an alternative solution to this? Please suggest
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Avoid such transaction.
Legal
#landlord#suit#tenant#rent
Can a landlord file a suit of eviction against the tenant even if the rent is as low as Rs. 2,500
Can a landlord file a suit of eviction against the tenant even if the rent is as low as Rs. 2,500
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The landlord can file a suit against the tenant for failure to pay the monthly rent and the quantum of rent is of no significance.
Legal
#booked#flat#delayed#possession#builder
I have booked a flat in Andheri and the dealer has delayed the possession by 2 year, is there any legal step that I can take against the builder to get the possession?
I have booked a flat in Andheri and the dealer has delayed the possession by 2 year, is there any legal step that I can take against the builder to get the possession?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for seeking possession of the flat or in the alternative approach the authority under RERA seeking compensation for delay in handing over possesion of the flat and also for possesion of the same.
Legal
#landlord#tenant#rent#delhi
What would be the ideal time for a landlord to give the tenant a notice about his intention to increase the rent according to the Delhi Rent Control Act, 1958.
What would be the ideal time for a landlord to give the tenant a notice about his intention to increase the rent according to the Delhi Rent Control Act, 1958.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
30 days is the required time for giving such notice.
Legal
#price
Do you have any idea why there is a price hike in the properties in Nasik? Also, the population inflow is increasing rapidly, any idea about it?
Do you have any idea why there is a price hike in the properties in Nasik? Also, the population inflow is increasing rapidly, any idea about it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague.
Legal
#ram#flat#delhi#registered#duly
Ram purchased a free hold DDA flat in Delhi in 1999. He got it registered jointly in his and his wife's name by duly paying stamp duty. Does he need to get mutation done in his name? If yes what would be the procedure?
Ram purchased a free hold DDA flat in Delhi in 1999. He got it registered jointly in his and his wife's name by duly paying stamp duty. Does he need to get mutation done in his name? If yes what would be the procedure?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Mutation entries are largely in respect of land and not flats unless the land beneath the flat has also been sold to the purchaser.
Legal
#property#bangalore#documents#ownership#valid
I have purchased a property in Bangalore in 2006 & have all the legal documents in my name. Suddenly BDA people wants to fence my property without any prior notice. I wanted to know that how can I confirm the legal ownership? Can I take stay order and how long will this be valid? I am not aware of the legal proceedings and so I do not know if I am in safe hands.
I have purchased a property in Bangalore in 2006 & have all the legal documents in my name. Suddenly BDA people wants to fence my property without any prior notice. I wanted to know that how can I confirm the legal ownership? Can I take stay order and how long will this be valid? I am not aware of the legal proceedings and so I do not know if I am in safe hands.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit or writ petition against BDA from interfering with your possession of the property and to restrain them from taking over the possession of the property without following due process of law or in the alternative you can file a suit on the basis of your title before the civil court in Bangalore.
Legal
#inherited#agricultural#land#rented#tenant
Shyam's father inherited agricultural land in Patna. His father passed away in 2005. The land was then rented out by Patna court to a tenant under the "Kul kayda". The agricultural title is in his father's name but the local Talathi says that since he and his siblings didn't bother to check the land since his father's death, the land will go the tenant. He wants to know that what does the Law says.
Shyam's father inherited agricultural land in Patna. His father passed away in 2005. The land was then rented out by Patna court to a tenant under the "Kul kayda". The agricultural title is in his father's name but the local Talathi says that since he and his siblings didn't bother to check the land since his father's death, the land will go the tenant. He wants to know that what does the Law says.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The title of the land will remain with the heirs of your father however, the tenant thereon will remain a protected tenant and you will not be able to sell the property without the consent of such tenant.
Legal
#flat#loan#transfer#property#registration
I had purchased a flat 4 years back. My flat is in my sister(because she was the only earning member of the house) and my dad's name. We had taken a loan for the flat and since Jan 11 instead of my sister who bought the flat I have been paying EMI for the loan because she got married. I am not getting any benefits and so I wish to transfer the property in my name. Do I have to pay the stamp duty and registration charges again? Or do we have an alternate way to transfer it?
I had purchased a flat 4 years back. My flat is in my sister(because she was the only earning member of the house) and my dad's name. We had taken a loan for the flat and since Jan 11 instead of my sister who bought the flat I have been paying EMI for the loan because she got married. I am not getting any benefits and so I wish to transfer the property in my name. Do I have to pay the stamp duty and registration charges again? Or do we have an alternate way to transfer it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The flat can be trasnferred to your name by your sister by way of a gift deed and the same would attract 2% stamp duty as per the provisions of the Bombay Stamp Act and a further 1% charge towards registration fees or Rs. 30,000/- whichever is lower on that account.
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
#attorney#flat#ownership
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A power of attorney executed without consideration becomes redundant on the death of grantor and the flat would belong to the legal heirs of the party in the event of his/her having died intestate.
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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Legal
#land#hyderabad#aware
Hi, I have a land in Hyderabad for which one of the builders have approached me to develop it. What all procedures should I look in to in order to be aware before I can trust him? Also, he is offering a 50-50 ration which is the rate for that area. Please advise me on what should I do now?
Hi, I have a land in Hyderabad for which one of the builders have approached me to develop it. What all procedures should I look in to in order to be aware before I can trust him? Also, he is offering a 50-50 ration which is the rate for that area. Please advise me on what should I do now?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You have to ensure that the developer has a good reputation in market and has delivered on his past commitment and further the terms and conditions agreed between and the developer should be expessly set out in the Agreement executed by you with the developers and should also provide for consequence for breach and/or default by the developer. You should engage the services of an Advocate for th...
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Legal
#citizen#deceased#sell#bring#money
I am a Canadian citizen and my deceased father had bought some properties in India about 25 years ago. I wanted to if I can sell off those properties and bring the money to Canada; if I can, then how much tax will I have to pay?
I am a Canadian citizen and my deceased father had bought some properties in India about 25 years ago. I wanted to if I can sell off those properties and bring the money to Canada; if I can, then how much tax will I have to pay?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The repatriation of funds realised from sale of property in India to Canada would depend on the relevant provisions relating to regulation of foreign exchange and would also require permission from the Reserve Bank of India.
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.
Legal
#aunt#nri#process#poa#sell
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your aunt can execute a power of attorney before the Indian Embasy in the country where she resides and thereafter forward such power of attorney to your mother and who in turn can then have such POA adjudicated and pay stamp duty thereon and further have the same notarise before a notary public.
Legal
#heirs#property#death
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Financial circumstances of the legal heirs is of no relevance while distributing the assets of the father if he dies intestate.
Legal
#construction#builder#money#loan#suggestions
I want to invest in an under construction project, but I am uncertain about this as I do not know what to do if the builder stops the construction mid way. It is a 3 year project and I wish to invest my own money without any loan. Any suggestions on how I can protect my money once I have paid 30-50% of the amount.
I want to invest in an under construction project, but I am uncertain about this as I do not know what to do if the builder stops the construction mid way. It is a 3 year project and I wish to invest my own money without any loan. Any suggestions on how I can protect my money once I have paid 30-50% of the amount.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can investigate the title of the developer and also ascertain his reputation vis-a-vis his past constructions. Further under provisions of the RERA the builder would now be required to put up all such details on the RERA Website. The provisions of RERA now protect flat buyers in under construction buildings to a large extent.
Legal
#property#registered#attorney#poa
I have decided to buy a property that is registered with a couple and their daughter who is married and settled in USA. They have taken the power of attorney from her and are planning to do the sale. I want to ask if there will be any problem regarding this sale with the POA and if it is legal?
I have decided to buy a property that is registered with a couple and their daughter who is married and settled in USA. They have taken the power of attorney from her and are planning to do the sale. I want to ask if there will be any problem regarding this sale with the POA and if it is legal?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A Power of Attorney if lawfully executed and registered as required under law and registered can be lawfully used for transfer of the property and any such transfer on the basis of such Power of Attorney would give good title to the purchaser.
Legal
#builder#construction
I want to know what the builder means to say when they say, "On start of construction". Does this mean the period of excavation or the period of foundation?
I want to know what the builder means to say when they say, "On start of construction". Does this mean the period of excavation or the period of foundation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, start of construction could very well include excavation of the land.
Legal
#buying#loan#co-owner#flat#deal
I am buying my second house on 80% loan. This loan is to be taken on me and my wife's name, who is a housewife. She is also the co-owner of the flat in the papers. In this deal, I am going to pay the entire EMI for the loan, with regards to this can I claim the entire interest benefit? The entire interest amount against my salary?
I am buying my second house on 80% loan. This loan is to be taken on me and my wife's name, who is a housewife. She is also the co-owner of the flat in the papers. In this deal, I am going to pay the entire EMI for the loan, with regards to this can I claim the entire interest benefit? The entire interest amount against my salary?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The fact that the entire payment for the flat is going to be made by you and also since the EMI is going to be paid by you from your salary, you alone would be entitled to claim the benefit of the payment of interest in your income tax returns and more so since the income of husband and wife are clubbed by the income tax authorities in most cases.
Legal
#flat#property#registered#developer#sell
I own a flat that I bought in 2005, this property is fully registered as freehold in my name and all the property related mutations have also been undertaken. I recently found out from the developer that I cannot sell this land as I don't have clear title. What would be the solution?
I own a flat that I bought in 2005, this property is fully registered as freehold in my name and all the property related mutations have also been undertaken. I recently found out from the developer that I cannot sell this land as I don't have clear title. What would be the solution?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and incomplete.
Legal
#residential#property#delhi#ownership#transferred
I own a residential property in Delhi on a shared ownership basis. I have the first floor while the other two have the ground and the second floor respectively. I have been transferred out of Delhi and will take my family along with me, I wish to rent out this flat. I just want to know if I can do that, and will the other owners get a share from the rent?
I own a residential property in Delhi on a shared ownership basis. I have the first floor while the other two have the ground and the second floor respectively. I have been transferred out of Delhi and will take my family along with me, I wish to rent out this flat. I just want to know if I can do that, and will the other owners get a share from the rent?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the terms of your shared ownership of the property record that the entire first floor premises belongs to you then you would not be required to share the rental proceeds with the other co-owners.
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.
Legal
#money#gift#property#heirs
I want to know if I can receive money from my daughters in the form of a gift deed if I fall short of the money required to buy the property. I will be stating my daughters as the legal heirs to this property as I don't have a son.
I want to know if I can receive money from my daughters in the form of a gift deed if I fall short of the money required to buy the property. I will be stating my daughters as the legal heirs to this property as I don't have a son.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There is no bar on receiving money from your daughter under a Gift Deed.
Legal
#property#paid#register#stampduty
I purchased a property in 1993 and paid the stamp duty in 2010, although I forgot to register this property. Will have to register it and pay the stamp duty again on the current market value of the property?
I purchased a property in 1993 and paid the stamp duty in 2010, although I forgot to register this property. Will have to register it and pay the stamp duty again on the current market value of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you have paid the full stamp duty in the year 2010 alongwith the applicable penalty , then you would not be required to pay any additional stamp duty merely beause the document has remained to be registered.
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?
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
#deceased#unmarried#death#possession#property
My deceased father has an elder brother, who is 80 years old. My father had looked after him for all his life as he is unmarried. My uncle's Will named my father for all his earthly possessions but unfortunately my father died an early death and after his death my uncle named his possession in the name of a Gurudwara without our consent. We wanted to know if we are entitled to a share in his property?
My deceased father has an elder brother, who is 80 years old. My father had looked after him for all his life as he is unmarried. My uncle's Will named my father for all his earthly possessions but unfortunately my father died an early death and after his death my uncle named his possession in the name of a Gurudwara without our consent. We wanted to know if we are entitled to a share in his property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the Will is probated no rights flow from the same and as such unless you or your father have applied for probate of such Will, you would not be entitled to any benefits under the Will executed by the elder brother of your father. However, even if the Will is not probated, you would still have a share in the property in view of your father being one of the legal heirs of his elder brother...
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Legal
#constructed#flat#july#possession#applicable
Dear Sir, I had bought a 90% constructed flat in Thane in July, 2010 and I got its possession in October, 2010. I would like to know the service tax applicable to my flat.
Dear Sir, I had bought a 90% constructed flat in Thane in July, 2010 and I got its possession in October, 2010. I would like to know the service tax applicable to my flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Service Tax would be 1% of the Agreement value and particularly since the building / flat was not fully constructed as on July 2010.
Legal
#nri#vacate#lease#process
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Under the provisions of the Maharashtra Rent Control Act, 1999, a sepcial authority has been constituted to deal with the cases relating to disputes between a licensor and licensee in respect of residential properties with a mandate to decide such cases within a period of 6 months.
Legal
#buying#property#builder#land
What are the points to keep in mind while buying a property from a private builder and how do we verify legal title of the land on which the builder constructs a property?
What are the points to keep in mind while buying a property from a private builder and how do we verify legal title of the land on which the builder constructs a property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Under the provisions of RERA, the builder would now be requied to upload the title certificate of the property on the RERA website and you can have the same verified by engaging an Advocate for such purpose.
Legal
#mandatory#register#documents#property#transactions
I wanted to know if it mandatory to register all the documents related to property transactions?
I wanted to know if it mandatory to register all the documents related to property transactions?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any document purporting to immoable property above Rs. 100/- is required to be compulsorily registered in accordance with the provisions of the Registration Act, 1908.
Legal
#transfer#property#land#set
I want to know how my father can transfer a property in his name from his uncle's name? The scenario is that my father got a land of property from his great grandfather and my uncles were set as caretakers as my father was not an adult then. Now, both my uncles have passed away. Please suggest.
I want to know how my father can transfer a property in his name from his uncle's name? The scenario is that my father got a land of property from his great grandfather and my uncles were set as caretakers as my father was not an adult then. Now, both my uncles have passed away. Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since your uncle is no longer alive, the legal heirs of your uncle will have to execute a tranfer deed / conveyance of the property in favour of your father and such document will have to be registered with the Sub-Registrar of Assurances.
Legal
#huf#commercial#taxes#transfer#property
I recently formed an HUF with my wife and 2 children. I have a commercial office, out of which I get a healthy income and I also pay the taxes on that income. But now as I have formed an HUF I cannot create any funds above 50,000 per annum. I want to transfer this property with the rights of being a karta of my HUF, how can I go about this?
I recently formed an HUF with my wife and 2 children. I have a commercial office, out of which I get a healthy income and I also pay the taxes on that income. But now as I have formed an HUF I cannot create any funds above 50,000 per annum. I want to transfer this property with the rights of being a karta of my HUF, how can I go about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can transfer the property from your name to the name of the HUF by executing a transfer deed to that effect.
Legal
#booked#flat#payment#instalments#possession
Shreya has booked a flat which is due to be delivered in December 2013 and made the payment in instalments. She wants to know that within how many days of taking possession should she register the flat with concerned department?
Shreya has booked a flat which is due to be delivered in December 2013 and made the payment in instalments. She wants to know that within how many days of taking possession should she register the flat with concerned department?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Registration is required to be done within a period of 4 months from the date of execution of the Agreement. There is also a provision for further period of 4 months for registration subjet to payment of penalty.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Adverse possession cannot be claim if the owner has permitted you to use the immovable property under any agreement and/or license etc. or if the owenr has taken steps against you for illegal occupation of the property within a period of 12 years from the date of your such occupation.
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
#rise#bangalore#loan#sell#property
I purchased an apartment in a high rise building of Bangalore for which I got home loan financed from HDFC. I now wish to sell the property. At the time of registration I gave the Power of Attorney to my brother as I was not in India that time. My brother took care of the possession and the registration of the house. I would like to know if I want to sell this apartment, do I need to transfer or change the documents in my name as all the registration documents include my brother's signatures?
I purchased an apartment in a high rise building of Bangalore for which I got home loan financed from HDFC. I now wish to sell the property. At the time of registration I gave the Power of Attorney to my brother as I was not in India that time. My brother took care of the possession and the registration of the house. I would like to know if I want to sell this apartment, do I need to transfer or change the documents in my name as all the registration documents include my brother's signatures?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The registration and sale of the property by your brother on the basis of the Power of Attorney executed by you is merely as an agent on your behalf and as such there is no requirement of you changing any documents in connection with the apartment acquired by you through your brother and on the basis of the Power of Attorney executed by you in favour of your brother.
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?
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
#pio#immovable#property#rbi#permission
A PIO acquired immovable property in 1983 under FERA section 31 with RBI approval. RBI issued a notification (FERA 152/93-RB 26.05.1993) granting general permission with certain conditions. Over a period, foreign exchange regulations changed. Also, section 31 is no longer in existence. Therefore, can a PIO dispose by way of sale of a residential flat(acquired in 83) to a resident Indian without obtaining special approval of RBI as required by Section 31?
A PIO acquired immovable property in 1983 under FERA section 31 with RBI approval. RBI issued a notification (FERA 152/93-RB 26.05.1993) granting general permission with certain conditions. Over a period, foreign exchange regulations changed. Also, section 31 is no longer in existence. Therefore, can a PIO dispose by way of sale of a residential flat(acquired in 83) to a resident Indian without obtaining special approval of RBI as required by Section 31?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, the PIO can sell the property acquired by him to a resident Indian. However, the repatriation of funds received from such sale to any place out of India would depend on the relevant rules and regulations in connection therewith.
Legal
#flat#pune#builder#certificate#conveyance
I own a flat in Pimpri-Chinchwad, Pune since 2007. My builder has not taken a completion certificate from PCMC corporation neither has he made a conveyance deed to transfer the flat in my name. The building is almost 3 years old now and when I asked my builder to make the conveyance deed he demanded me to pay him VAT. Please help me with a solution of this issue since I feel harassed by it.
I own a flat in Pimpri-Chinchwad, Pune since 2007. My builder has not taken a completion certificate from PCMC corporation neither has he made a conveyance deed to transfer the flat in my name. The building is almost 3 years old now and when I asked my builder to make the conveyance deed he demanded me to pay him VAT. Please help me with a solution of this issue since I feel harassed by it.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit alongwith the other purchasers of the premises in the buildng for conveyance of the property or apply to the Competent Authority under the amended provisions of the Mahashtra Ownership of Flats Act for deemed conveyance of the property. In so far the demand of VAT made by the developer, the same appears to be time barred and in any event would depend on the terms of your Agr...
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Legal
#land#water
Are there laws that support converting farming land to industries and buildings? What is the reason for this law as it only created lower ground water level and increases expenses?
Are there laws that support converting farming land to industries and buildings? What is the reason for this law as it only created lower ground water level and increases expenses?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Each state has different development control rules and as such the conversion of agrictural land to commercial/ industrial user would depend on such State laws. At time such laws are relevant as in sum cases agricultural lands are not being used for agricultural purposes for several reasons.
Legal
#document#builder#selling#construction#flat
Do we need to seek a NOC document from builder while selling an under construction flat?
Do we need to seek a NOC document from builder while selling an under construction flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the consideration amount under your agreement with the builder has not been fully paid, then you would require an NOC from the Developer before selling the flat.
Legal
#land#hyderabad#advice#loan#loans
I am a 24 year old independent working professional. I am aspiring to buy a plot of land in Hyderabad under DLF builders. I wanted to seek your advice regarding this decision and what kind of procedures should I take care of. I am planning to take a loan of approximately Rs. 11 lakhs and also, currently I don't have any loans on me.
I am a 24 year old independent working professional. I am aspiring to buy a plot of land in Hyderabad under DLF builders. I wanted to seek your advice regarding this decision and what kind of procedures should I take care of. I am planning to take a loan of approximately Rs. 11 lakhs and also, currently I don't have any loans on me.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to conduct a thorouh due diligence of the title of the developer and thereafter apply for loan from any bank offering the best rate of interest for such transaction.
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
#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
#land#transferred
Will I have to pay wealth tax on a land that has been transferred to by my mother?
Will I have to pay wealth tax on a land that has been transferred to by my mother?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Wealth tax would depend on your total asset value and merely because land has been trasnferred to you by your mother, the same would not invite wealth tax.
Legal
#agricultural#property#inherited#documents
The route that goes towards the agricultural property that my mother inherited by her parents has been blocked by my grandfather's cousin by building a wall on the route. We have been using the same route to enter our field for over 100 years now. Please suggest what we can possibly do as we do not have proper documents for the same.
The route that goes towards the agricultural property that my mother inherited by her parents has been blocked by my grandfather's cousin by building a wall on the route. We have been using the same route to enter our field for over 100 years now. Please suggest what we can possibly do as we do not have proper documents for the same.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for claiming right of way to your property and also claim easamentary rights qua the right of way. You would have to say that we having been using the right of way all along.
Legal
#property
Is it allowed to send a legal notice to my uncle to share the property amount with us?
Is it allowed to send a legal notice to my uncle to share the property amount with us?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague and incomplete.
Legal
#property#agricultural#land#rented#shop
We are a family of 6 brothers. Our total property comprises of 4 pieces of agricultural land. We have also rented 2 rooms and a shop. Kindly advice, at the time of distribution of the property among us should we also consider the rented property i.e. the 2 rooms and a shop?
We are a family of 6 brothers. Our total property comprises of 4 pieces of agricultural land. We have also rented 2 rooms and a shop. Kindly advice, at the time of distribution of the property among us should we also consider the rented property i.e. the 2 rooms and a shop?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
At the time of distribution of the properties, the rented properties can also be taken into account subject to the same being tenanted properties and not properties rented by way of leave and license agreement.
Legal
#bangalore#construction#delhi#builder#applicable
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The order passed by the Delhi High Court would not apply to properties located in Bangalore, unless similar orders are passed by the Kartanaka High Court or the Supreme Court for properties located in Bangalore.
Legal
#mhada#deceased
Hi Sir, I want to sublet a tenanted premise in MHADA, which is in my deceased father's name. Can you please guide me on how I can sublet the tenanted premise? Also, I want to know what are the rights of a Sublette.
Hi Sir, I want to sublet a tenanted premise in MHADA, which is in my deceased father's name. Can you please guide me on how I can sublet the tenanted premise? Also, I want to know what are the rights of a Sublette.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Subletting of the premises in MHADA would depend on weather you are a tenant of MHADA or hold the premsies on ownership basis. If the premsies held on tenancy basis, then you will not be entitled to sublet the same without written consent of MHADA.
Legal
#bank#deposit#nominee#death#money
My father and I have a bank account jointly where we maintain fixed deposit and he has updated me as nominee. Later, incase of my father's death will I be the only person to receive money or my siblings will also get?
My father and I have a bank account jointly where we maintain fixed deposit and he has updated me as nominee. Later, incase of my father's death will I be the only person to receive money or my siblings will also get?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will be entiteld to withdraw the monies lying in the fixed dpeosit of your father on the basis of the nomination made by him, however, if your father has died intestate then all his legal heirs will be entiteld to claim thier respective shares in the estate of the father which would include the fixed depsoits made by him.
Legal
#construction#co-owner#property#procedure
I have a house which is under construction at this moment and I want to make my friend partner or co-owner of the property. Is it possible to do so? If yes, what is the procedure?
I have a house which is under construction at this moment and I want to make my friend partner or co-owner of the property. Is it possible to do so? If yes, what is the procedure?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property is under construction then depending on the terms of the Agreement between you and the developer, you may execute a Sale Deed for such proportionate of your undivided interest in the house unto and in favour of your friend.
Legal
#property#registered#government#owners#transfer
My father passed away recently, he left behind a will on the property that he had earned throughout his life. This will although was not registered with the government. He made me and my mother the joint owners of one of his properties. What are the steps that we will have to take to transfer these property documents?
My father passed away recently, he left behind a will on the property that he had earned throughout his life. This will although was not registered with the government. He made me and my mother the joint owners of one of his properties. What are the steps that we will have to take to transfer these property documents?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The Will is not requried to be registered however, unless the Will is probated bequest under the Will cannot given effect to. However, if you and your mother are the only legal heirs of your father, then you could appy for letters of admnistration and thereafter seek transfer of the property to your and your mother's name.
Legal
#deceased#property
My grandfather has a house of 101 square yards which he has distributed amongst his four sons. Since I am the only son to my deceased father, I wanted to know how can we claim for a share in the property? Please advise me on how to legally resolve this.
My grandfather has a house of 101 square yards which he has distributed amongst his four sons. Since I am the only son to my deceased father, I wanted to know how can we claim for a share in the property? Please advise me on how to legally resolve this.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a partition suit in connection with the share held by your father in the property in question and such suit can be filed in a court within whose jurisiction the property is located.
Legal
#transferred#grandson#property#implications#buying
A father transferred his will to his son and grandson. His son sold the property without letting know the grandson and signed the registry. The property was later sold four times. Can the grandson claim this property now? If yes, what are the implications in buying it?
A father transferred his will to his son and grandson. His son sold the property without letting know the grandson and signed the registry. The property was later sold four times. Can the grandson claim this property now? If yes, what are the implications in buying it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The grandson can no longer claim any interet in the property if the subsequent purchasers of the property have acquired the same bonafide. The grandson however claims his share in the consideration amount recieved by the father on sale of the property. All this is subect to the Will in question having been duly probtated.
Legal
#mumbai#land#transferred#procedure
Shanti is 66 years old lady residing in Mumbai with her son since 2001, where she moved after her husband's demise in the same year. The land and house in her husband's name was not transferred to her. She wants to know the procedure of transferring the house in her name?
Shanti is 66 years old lady residing in Mumbai with her son since 2001, where she moved after her husband's demise in the same year. The land and house in her husband's name was not transferred to her. She wants to know the procedure of transferring the house in her name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
She can apply for letters of administration from a court of competent civil juisdiction and thereafter seek transfer of the house in her name from the competent authorities. .
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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Legal
#property#occupy
My father had purchased a property and built a house on that property. Later, he allowed his brother to occupy that house for 30 years. Since he has lived in that house for so long, can he claim for a right in the property?
My father had purchased a property and built a house on that property. Later, he allowed his brother to occupy that house for 30 years. Since he has lived in that house for so long, can he claim for a right in the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your father's brother can file a suit on the grounds of adverse possssion and claim title to the property.
Legal
#gifted#registered#gift#property
A year ago, my mother gifted me the house we live in and we have registered that house under gift. I wanted to know if my siblings can claim for any right in the property after my mother's demise.
A year ago, my mother gifted me the house we live in and we have registered that house under gift. I wanted to know if my siblings can claim for any right in the property after my mother's demise.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Once the Gift Deed is registered and if the flat in question was acquired by your father from his self earned, income, then your sibblings would not be entitled to claim any share in the property.
Legal
#land#developers
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the land is transferred to your name and/or the name of organisation of partner owners, the receipts issued by the local municpality in the name of the Developer and yourself is perfectly legal.
Legal
#rented#flat#builder#prices#clubhouse
I have rented out my flat in Brigade Metropolis,Whitefield,Bangalore. The club house there is owned by the builder. The prices of this clubhouse are quite high and it is mandatory to pay these charges. The RWA has also agreed to the clubhouse by laws. The tenant in my flat doesn't use the clubhouse either. I don't wish to bare this extra cost. What do I do about this?
I have rented out my flat in Brigade Metropolis,Whitefield,Bangalore. The club house there is owned by the builder. The prices of this clubhouse are quite high and it is mandatory to pay these charges. The RWA has also agreed to the clubhouse by laws. The tenant in my flat doesn't use the clubhouse either. I don't wish to bare this extra cost. What do I do about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The fees and charges in connection with the club house would depend on the terms of the Agreement executed by you with the Developer when you purchased the flat. If, the Agreement provides that payment of charges towards the club house are compulsory and if you have agreed to the same then you would be required to pay such charges irrespective of whether you used the clubhouse facility or not.
Legal
#car#park#exchange#deal#parking
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the latest judgments of the Hon'ble Supreme Court, Open car parking spaces cannot be sold and forms part of the common area of the property. As such, you will not be able to transfer the parking spaces between your two flats without the consent of the society and/or organisation of flat purchaser.
Legal
#property#taxes#relatives
We have house in rural parts of India which my father had acquired this property through the separation about 40 years ago. We don't have the legal papers to this property but we have been paying taxes for the past 40 years. Can we claim this house now? Can my relatives create problems as their names are on the papers of the property?
We have house in rural parts of India which my father had acquired this property through the separation about 40 years ago. We don't have the legal papers to this property but we have been paying taxes for the past 40 years. Can we claim this house now? Can my relatives create problems as their names are on the papers of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit on the basis of adverse possession before a court of competent civil jurisdiction and seek ownership of the property on the basis of you being in exclusive possesion of the property for over 12 years.
Legal
#property#builder#loan#sell#flat
Is there a way to stop my mother to take decisions about her property, legally? I am saying this because she has messed up situations in the past. She joint ventured our house with a builder on terms of 50% each, after which she took out a loan on one of our flats and then wasn't able to pay it back so had to sell off the flat. She is trying to do the same with the remaining flat.
Is there a way to stop my mother to take decisions about her property, legally? I am saying this because she has messed up situations in the past. She joint ventured our house with a builder on terms of 50% each, after which she took out a loan on one of our flats and then wasn't able to pay it back so had to sell off the flat. She is trying to do the same with the remaining flat.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property belonging to your mother is herself acquired property then you cannot restrain her from dealing with such property. however, if the property has been acquired from the funds of your father and/or from joint family funds then in that case your father and/or you and the other members of the family can seek injunction against your mother by filing a civil suit in that regard.
Legal
#unmarried#transferred#property
My Grandfather had 5 children out of which my father was the only son. I am the only son to my father and I have 3 sisters out of which one of my sister is unmarried. My grandfather transferred all the property that he owned to one his daughters. My father expired in the year 2009. Can I claim my share in the property that my grandfather owned?
My Grandfather had 5 children out of which my father was the only son. I am the only son to my father and I have 3 sisters out of which one of my sister is unmarried. My grandfather transferred all the property that he owned to one his daughters. My father expired in the year 2009. Can I claim my share in the property that my grandfather owned?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property of your grandfather was his self acquired property then you would have no right to challenge the trasnfer of the property by your grandfather to one of his daughters only, however, if the property is ancestral property them you would be entitled to file a suit challenging the transfer and seeking your share in such property.
Legal
#death#transferred#property#advice#possession
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a civil suit in a court of Competent jurisdiction on the basis of your title or on the basis of adverse possession.
Legal
#kindly#rules#land#authority#possession
Kindly resolve a few of my questions with regards to Demarcation. 1. What are the rules of demarcation of a land? 2. Under which act is the demarcation of land stated? 3. Does the Deputy Collector and the Magistrate have the authority to give the possession of a land which is demarcated? 4. What other legal actions can be suggested to obtain the possession of the land?
Kindly resolve a few of my questions with regards to Demarcation. 1. What are the rules of demarcation of a land? 2. Under which act is the demarcation of land stated? 3. Does the Deputy Collector and the Magistrate have the authority to give the possession of a land which is demarcated? 4. What other legal actions can be suggested to obtain the possession of the land?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Demarcation or Survey of land would depend on laws of each state and varies from state to state. The same would be governed by the land code of each state, in Maharashtra, the same is governed by the Maharashtra Land Revenue Code. The authorities would have power only to carry out survey and/or demaraction of lands and would not have the power to hand over possession of such demarcated land, un...
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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.
Legal
#property#agreement#shop#money#rent
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, a suit for recovery of possesion of the Shop can be filed by your cousins, however any such suit would be subject to the law of limitation and would also depend on facts of each case.
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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Legal
#poa#flat
I have the POA of my brother's flat and we live in a joint family. Can I be a member with this apartment with this POA? Will I possess the right to vote in the apartment decisions? Also, can I be an active member of the apartment committee?
I have the POA of my brother's flat and we live in a joint family. Can I be a member with this apartment with this POA? Will I possess the right to vote in the apartment decisions? Also, can I be an active member of the apartment committee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, POA does not permit you to be a member of the society and neither can you act as a committee on the basis of such POA.
Legal
#advisable#flat#ownership#citizen
Is it advisable to buy a flat on joint ownership for a senior citizen with his wife?
Is it advisable to buy a flat on joint ownership for a senior citizen with his wife?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, there is nothing wrong in acquiring property in such manner. However it would eventually depend on facts of each case i.e. who is paying for the flat, what is to happen of the flat post the death of the parties in whose favour it is to be bought etc.
Legal
#gift#property#charges#registration#registrar
I want to know a few details regarding the gift of a property from my elder brother to my young brother: 1. can this be done legally? 2. if yes, what are the charges to be borne for the stamp duty and the registration? 3. What would be the fees for the lawyer who would do this gift deed? 4. What are the charges of the sub registrar?
I want to know a few details regarding the gift of a property from my elder brother to my young brother: 1. can this be done legally? 2. if yes, what are the charges to be borne for the stamp duty and the registration? 3. What would be the fees for the lawyer who would do this gift deed? 4. What are the charges of the sub registrar?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Gift deed between blood relatives is permissible. Stamp duty on a Gift Deed between brother to brother would be 2% of the market value of the property and further 1% or Rs.30,000 whichever is lower as registration fees. The fees of the Advocate would depend from Advocate to Advocate and the other charges of the Sub-registrar would include scanning fees, etc., which will depend on the number of ...
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Legal
#transfer#flat#property#heirs#procedure
We want to transfer the flat we own in my mother's name. My father left this property without a will and we are the legal heirs to the flat, we want the same. Please help us with the procedure and details?
We want to transfer the flat we own in my mother's name. My father left this property without a will and we are the legal heirs to the flat, we want the same. Please help us with the procedure and details?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You could execute a Release Deed alongwith all other heirs transferring the property to the name of your mother. The Release Deed will have to be registered.
Legal
#agreement#booked#2bhk#flat#builder
Could you guide me with the details of a partnership agreement. I booked a 2bhk flat in a partnership agreement with a friend in a 67:33 ratio, the builder says that we would have to understand the agreement mutually, please guide me.
Could you guide me with the details of a partnership agreement. I booked a 2bhk flat in a partnership agreement with a friend in a 67:33 ratio, the builder says that we would have to understand the agreement mutually, please guide me.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
if the property is acquired in the name of the partenrship firm, then the rights of the partners to such property would be governed by the terms of the partnership deed. As such, your partnership deed with your friend should spell out the respective shares of the partners in all assets of the firm etc.,
Legal
#property#divided
I have a doubt about the share of a jointly owned property by a husband and wife. In case the Husband dies, then according to me the father's share would be equally divided between the children and the wife and the other half would solely belong to the wife. Am I right?
I have a doubt about the share of a jointly owned property by a husband and wife. In case the Husband dies, then according to me the father's share would be equally divided between the children and the wife and the other half would solely belong to the wife. Am I right?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you are right. However, if the father is a Hindu and at the time of his death, if his mother is alive, then she would also have a share in the estate of her such son and accordingly, the father's share in the property would devolve on the mother, wife and the children of such deceased man.
Legal
#protect#property#flat#compensation
I have remarried and wish to protect my current wife and child from property issues. I had a flat in the name of my parents which I gave as compensation to my ex wife and her children. What should I do to protect my current wife and child?
I have remarried and wish to protect my current wife and child from property issues. I had a flat in the name of my parents which I gave as compensation to my ex wife and her children. What should I do to protect my current wife and child?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You could leave a will bequathing all your other assets to your current wife and children or you could gift it to them during your lifetime itself.
Legal
#property
What happens about the property if the father dies without a will and if he has already disowned his son.
What happens about the property if the father dies without a will and if he has already disowned his son.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The other heirs can claim the property to the exclusion of the disowned son, however if the son who has been disowned seeks his share in the property, then the issue will have to be decided in a civil suit only between all the heirs claiming rights in the property of the father.
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
#buyer#promised#sell
I am facing some problems with a buyer for my plot in lucknow. He wanted to buy it, gave a 10% advance and then promised to pay the rest of the amount after 90 days. It has been 19 months and he wishes to buy it, but on the old rate. The rate has gone up by 25%. I don't wish to sell it at the old rate. Now he is threatening me and saying he would take me to civil court. I also tried to return his advance, but he did not accept it. What can I do about it?
I am facing some problems with a buyer for my plot in lucknow. He wanted to buy it, gave a 10% advance and then promised to pay the rest of the amount after 90 days. It has been 19 months and he wishes to buy it, but on the old rate. The rate has gone up by 25%. I don't wish to sell it at the old rate. Now he is threatening me and saying he would take me to civil court. I also tried to return his advance, but he did not accept it. What can I do about it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the terms of your sale were documented when you struck the deal, then you can terminate the agreement that you had with the buyer on the basis of such terms and in case the terms are oral, then you could issue a notice to the buyer termianting the deal and forwarding the cheque towards the amount that had been paid by him to you.
Legal
#transfer#flat#property#month#option
I wish to transfer the flat we own in my mother's name. This property was in my father's name. And he has nominated his brother in the back accounts. He passed away a month ago and I want to transfer all these things in my mother's name. I have a younger brother as well, we are not very well off so please suggest a feasible option. Thanks!
I wish to transfer the flat we own in my mother's name. This property was in my father's name. And he has nominated his brother in the back accounts. He passed away a month ago and I want to transfer all these things in my mother's name. I have a younger brother as well, we are not very well off so please suggest a feasible option. Thanks!
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not give title to property. You can seek Letters of Adminstration from a Court of competent jurisdiction and then by consent of all heirs, transfer the proeprty to the name of your mother. However, if you father's brother is agreeable, then in some case the properties are also transferred by the Society/Authroties etc., on the basis of affidavits and Indemnities of the original ...
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Legal
#set#rules#property#death
Are there any set of rules that are to be followed regarding the division of the property after the demise of the parents. And will the property be carried on to the children of the sister in case of her death?
Are there any set of rules that are to be followed regarding the division of the property after the demise of the parents. And will the property be carried on to the children of the sister in case of her death?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The law of succession to property would depend on your religion and the same would be governed by the concerned law of intestate succession. In the case of Hindus, the children of the sister will continue to have a share in the property even after her death.
Legal
#property#transferred#single#ownership#divided
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can partition the property as the same has already been transferred to your name fully.
Legal
#property#suit#option#agreement
I have a property that is in the name of my father and his brothers. All of them have passed away, my cousins are staying in that property and aren't willing to share it with me, I filed a partition suit against them, but they did not even turn up at court on the dates provided. Now, who would bear the chargers of the legal notice publications and is there any other option to settle this other than mutual agreement?
I have a property that is in the name of my father and his brothers. All of them have passed away, my cousins are staying in that property and aren't willing to share it with me, I filed a partition suit against them, but they did not even turn up at court on the dates provided. Now, who would bear the chargers of the legal notice publications and is there any other option to settle this other than mutual agreement?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The Plaintiff in the Partition suit will have to bear the expenses for publication etc., however you could be considered as costs of the suit at the time of passing final decree in such suit. There is no other manner to settle this, other than by mutual agreement. The civil suit for partition is the right way forward.
Legal
#property#death#owner#valid
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it wouldnt make much difference. All sons of the party in question could claim ownership on the basis of the terms of the Will. It would however depend on the terms contained in the Will and further, the Will will have to be probated from a Court of competent jurisdiction.
Legal
#property#nominees#grandmother#owners#nominee
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Nomination does not bestow ownership to property. Ownership to title of the property would be governed by the law of instestate succession depending on your religion.
Legal
#transfer#property#paid#grandmother
i wish to transfer a property to my mom's name. this property is in my grandmother's name but my dad had paid for it. My grandmother and dad both have expired. My dad also had a sister, so she'll have a share in the property as well, as the property in my grandmother's name. We don't want this to happen.
i wish to transfer a property to my mom's name. this property is in my grandmother's name but my dad had paid for it. My grandmother and dad both have expired. My dad also had a sister, so she'll have a share in the property as well, as the property in my grandmother's name. We don't want this to happen.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your father's sister refuses to sign the trasnfer deed in favour of your mother, then you would have to file a suit claiming title to the proeprty on the ground that your father had alone paid for it and the name of your grand mother was added in the title deed merely for name sake.
Legal
#property
What is the legal format to bequeath the property to my children through a will, what would be the correct wordings?
What is the legal format to bequeath the property to my children through a will, what would be the correct wordings?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A will can be executed in any form, however the intention of the testator should be clear and it would help, if the same is attested by some witnesses.
Legal
#sell#property#attorney#purchase#transferred
Can I sell a property without involving the assigned power of attorney at the time of purchase? Or do I need to get this property transferred in my name before the sale? If yes, what is the procedure?
Can I sell a property without involving the assigned power of attorney at the time of purchase? Or do I need to get this property transferred in my name before the sale? If yes, what is the procedure?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague and doesnt add up.
Legal
#land
My father had a land of 40 bighas. He passed away recently. We are three sister,we have a brother and a mother. All the siblings are married. Now they are refusing to give us a share in the land. What do we do?
My father had a land of 40 bighas. He passed away recently. We are three sister,we have a brother and a mother. All the siblings are married. Now they are refusing to give us a share in the land. What do we do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A suit for partition of the estate of your father can be filed in a Civil Court of competent jurisdiction and in such suit, you can also for your share in the estate of your late father.
Legal
#owners#single#ownership#exchange#process
I have 2 flats, both with different owners. One is a single ownership and the other one is a joint ownership. We want to exchange the ownership, is it possible? What is the process?
I have 2 flats, both with different owners. One is a single ownership and the other one is a joint ownership. We want to exchange the ownership, is it possible? What is the process?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can exchange the ownership to the Flats by executing an Exchange Deed and all parties holding the two properties would have to be agreeable to such exchange. If the properties are of equal value, then no other consideration would have to be paid in connection for such exchange, however if one property is valuable than the other, then the exchange deed should record that additional considera...
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Legal
I have three children, two sons and a daughter. I have one house in Jaipur, now I wish to buy another. I want to name in one of my children's name. In whose name should I buy it?
I have three children, two sons and a daughter. I have one house in Jaipur, now I wish to buy another. I want to name in one of my children's name. In whose name should I buy it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can buy it in the name of any of your children. The same is at your discretion.
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
#havent#property#divided
I have two children from my ex wife and my present wife is okay with them, we haven't adopted any children. How will my property and my ex-wife's property be divided among my children?
I have two children from my ex wife and my present wife is okay with them, we haven't adopted any children. How will my property and my ex-wife's property be divided among my children?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your children will have share only in property held by you and not in the property held by your ex-wife. The property of your ex-wife will devolve on her heirs depending on the religion she follows. However, there is chance that if there are absolutely no other heirs of the ex-wife, then the property could come to the share of the children of her husband (if the husband dies after the ex-wife a...
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Legal
#poa#property#sell
I want to make a friend the POA for my property in Kolkata, to undertake procedural work and to sell this property later on. Will a POA typed and signed on a plain paper, attested by the local indian consulate be enough? Or does it have to be printed on an Indian stamp paper?
I want to make a friend the POA for my property in Kolkata, to undertake procedural work and to sell this property later on. Will a POA typed and signed on a plain paper, attested by the local indian consulate be enough? Or does it have to be printed on an Indian stamp paper?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A POA typed on plain paper will do, however the same would have to be adjudicated once it is recieved in India and then stamp duty thereon will have to be paid, before the POA can be recognized.
Legal
#purchase#attorney#alternate
I wish to purchase a house in India, I am of indian nationality, but live in Tanzania. Can my mother purchase it in my name through power of attorney, as I won’t be able to be physically present for a long time. Are there any alternate ways of doing this?
I wish to purchase a house in India, I am of indian nationality, but live in Tanzania. Can my mother purchase it in my name through power of attorney, as I won’t be able to be physically present for a long time. Are there any alternate ways of doing this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in Tanzania or closest to you and the same can then be forwarded to India for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale.
Legal
#documents#transfer#avoid
We bought a plot only to realise later that one of the documents are missing from papers required for the transfer. What do we do to avoid such situations in the future?
We bought a plot only to realise later that one of the documents are missing from papers required for the transfer. What do we do to avoid such situations in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Proper due diligence through an Advocate and further assistance of an Advocate should be sought in connection with any transaction for sale of any immoveable property.
Legal
#reside#mumbai#ancestral#property
My sister and I reside in Mumbai, she is already married.We want to know the claims in our ancestral property. My sister is asking for equal rights, but I don’t wish to give her an equal share. Is she legally correct to ask for an equal share. Also, am I legally allowed to give her a lesser share?
My sister and I reside in Mumbai, she is already married.We want to know the claims in our ancestral property. My sister is asking for equal rights, but I don’t wish to give her an equal share. Is she legally correct to ask for an equal share. Also, am I legally allowed to give her a lesser share?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you are Hindus, then your sister would have equal share in the ancestral property and you are not entitled to dispute the same. The fact that your sister is married is of no consequence in law anymore.
Legal
#villa#hyderabad#buying#attorney#buyer
I live in Houston, Texas. I own a villa in Hyderabad, someone is interested in buying it. Can I give the power of attorney to my mother and go ahead with this sale? The buyer is concerned about the validity of the agreement. I won’t be able to be there physically for a long time. What do I do about it?
I live in Houston, Texas. I own a villa in Hyderabad, someone is interested in buying it. Can I give the power of attorney to my mother and go ahead with this sale? The buyer is concerned about the validity of the agreement. I won’t be able to be there physically for a long time. What do I do about it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in USA and the same can then be forwarded to Hyderabad for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale. The buyer would get good title if the transaction is concluded by your mother on your behalf a...
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Legal
#villa#builder#bangalore#land#landowner
I am planning to buy a villa from a builder in Bangalore. The land is under landowner share. All the land required for the villa has already been sold out. What is the risk for this purchase? The builder is also under JDA.
I am planning to buy a villa from a builder in Bangalore. The land is under landowner share. All the land required for the villa has already been sold out. What is the risk for this purchase? The builder is also under JDA.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Villa forms part of the land Owner's share, then a Tri-partite agreement bettween the land Owner, the Builder and yourself can be executed, where the builder confirms tha the Villa forms part of the land owners share and further, the land owner agrees to sell the same to you. If the tile of the land Owner is clear and the JDA is properly executed and registered, then the risk would only ...
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Legal
#flat#rent#tenants#affidavit#heirs
We have given a flat on rent which was in the name of my grandfather, it has been on rent for the last 30 years. My grandfather passed away and the tenants have submitted an affidavit. Should I enter my father and uncle's name(the heirs to the property) in the affidavit?
We have given a flat on rent which was in the name of my grandfather, it has been on rent for the last 30 years. My grandfather passed away and the tenants have submitted an affidavit. Should I enter my father and uncle's name(the heirs to the property) in the affidavit?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
What is the affidavit for? Your father and Uncle (if they are the only heirs of your grandfather) would be entitled to suceed to the Flat as owners thereof and the tenant would have to pay the rent to them now.
Legal
#impact#delhi#process#property
I am planning to get an Australian citizenship, for which I would have to surrender my Indian passport for the same. Will this have any impact in my properties in Delhi? Is there any documentation for this process? and more importantly, my family would also have an Australian citizenship, so will they be able to use the property?
I am planning to get an Australian citizenship, for which I would have to surrender my Indian passport for the same. Will this have any impact in my properties in Delhi? Is there any documentation for this process? and more importantly, my family would also have an Australian citizenship, so will they be able to use the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It would have no difference on your title to the properties as you would be entitled to retain the same being a Person of Indian Origin and also since you acquired the same when you were Indian citizen.
Legal
#divided#flat
My dad had divided our flat between me, my sister, my mother and my uncle. My mother had 50% share, me and my sis got 20% each and my uncle got 10%. Please note that my uncle has not been staying with us for more than 25 years. Now, he is demanding for 50% of the share. What do we do?
My dad had divided our flat between me, my sister, my mother and my uncle. My mother had 50% share, me and my sis got 20% each and my uncle got 10%. Please note that my uncle has not been staying with us for more than 25 years. Now, he is demanding for 50% of the share. What do we do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the share of the parties in the flat has been divided between them, by your father by way of some document, then your uncle cannot claim 50% in the property after 25 years from the date of execution of such document and his claim would be barred by limitation itself.
Legal
#property#heirs#unmarried#rent
My grandfather has 7 children, 5 daughter and two sons. Although, they have their own property they are staying in my grandfather's property. They do not have any heirs. Can the children of the other their children claim the property as three of them are unmarried. We require the property as my mother is widow and my other sister is living on rent and all of this is a problem. What do we do to claim the property?
My grandfather has 7 children, 5 daughter and two sons. Although, they have their own property they are staying in my grandfather's property. They do not have any heirs. Can the children of the other their children claim the property as three of them are unmarried. We require the property as my mother is widow and my other sister is living on rent and all of this is a problem. What do we do to claim the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
All children of your Ganrd father would have equal share in his estate. On death of any of the children and if there are no heirs of such children, then his /her share in the property would also devolve on his/her remaining brothers and sisters and/or their respective heirs.
Legal
#property#heir
My friend has a property, which has a will that states the heir of his property. He passed away recently. In the past he was married for ten years and had two daughters in that period. He then got a divorce and some years later was in a live in. The will states the woman he was in a live in with as the heir of the property. Do the daughters have any legal rights to this property?
My friend has a property, which has a will that states the heir of his property. He passed away recently. In the past he was married for ten years and had two daughters in that period. He then got a divorce and some years later was in a live in. The will states the woman he was in a live in with as the heir of the property. Do the daughters have any legal rights to this property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the proeprty is self acquired, then your friend would be entitled to bequeath his property through the Will. However, if the daughters are minor, then they can seek maintenance out of the estate left behind by your friend.
Legal
#gift#documents#ownership#proof#property
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague, if you have the title documents and do not have physical possession of the property and the same is with someone else, then you will have to file a civil suit for possession of the property on the basis of your title documents.
Legal
#ancestral#property#divide
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for partition of the ancestral property in a Civil Court, if the property cannot be divided by metes and bounds, then the same can be sold and the proceeds of such sale can be distributed between all the parties in proportion to their respective shares in the ancestral property.
Legal
#gift#mumbai#applicable
Is there any tax on the gift deed in Mumbai? What is the rate if it is applicable?
Is there any tax on the gift deed in Mumbai? What is the rate if it is applicable?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Stamp duty @ 2% of market value of the property is applicable in most cases pertaining to a Gift Deed, however in case of some close blood relatives, the same has been amended to Rs.500/- only.
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.
Legal
#property#compensation#government#valid
My great grandfather got a property as compensation from the indian government, back in 1956 as he moved from Pakistan. We have the old legal papers to that property with us. My great grandfather never lived in that house. Now, someone else lives there. What do we do about this situation? Are the old papers still valid?
My great grandfather got a property as compensation from the indian government, back in 1956 as he moved from Pakistan. We have the old legal papers to that property with us. My great grandfather never lived in that house. Now, someone else lives there. What do we do about this situation? Are the old papers still valid?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Your claim to the proeprty would be barred by Limitation if you were aware of the existence of the property documents all along and as such, the documents to the property will be of no help.
Legal
#property
We are a family of two sisters, me and my mother. My father passed away recently, what happens to his property now? Does the property go in the mother's name or the children's name?
We are a family of two sisters, me and my mother. My father passed away recently, what happens to his property now? Does the property go in the mother's name or the children's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depnding on the religion you follow, if you are Hindu, then you, your sister and mother will all be entitled to the estate of your deceased father and will have equal shares in his estate.
Legal
#heir#property#bank
We are a family of two brothers and one sister. My elder brother passed away, he does not have an heir to his property and bank balance, as he does not have a wife or any kids. Who is the next heir for his property and bank balance?
We are a family of two brothers and one sister. My elder brother passed away, he does not have an heir to his property and bank balance, as he does not have a wife or any kids. Who is the next heir for his property and bank balance?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depnding on the religion you follow, if you are Hindu and if your parents are not alive, then you and your sister will be the only heirs of your deceased brother and will have equal share in his estate.
Legal
#ancestral#property#transferred
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You will have to file a suit for partition of the property and in the same suit, you will have to ask for your undivided share in the estate. You dead brother's heirs will also be entitled to his un-divided share in the property. You will also have to seek cancellation of the relinqusihment deed signed by you in favour of your brother.
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.
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
#property#loan#unmarried#bank#procedure
We are a family of 3 siblings and a mom, our dad passed away. Me and my one sister are married. We own a property that is a one storeyed building, now we wish to take a loan on the same and build another one for my unmarried sister. But the bank says that we cannot take the loan as my mom is above 65+ years of age. What is the procedure to transfer the house in my unmarried sister's name?
We are a family of 3 siblings and a mom, our dad passed away. Me and my one sister are married. We own a property that is a one storeyed building, now we wish to take a loan on the same and build another one for my unmarried sister. But the bank says that we cannot take the loan as my mom is above 65+ years of age. What is the procedure to transfer the house in my unmarried sister's name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can transfer the house in favour of the sister by way of a Gift Deed.
Legal
#ancestral#property
What happens in a case when there is no will and one of the siblings demands a larger share from the ancestral property on the basis of the reason that he/she is the eldest one? Can anything be done?
What happens in a case when there is no will and one of the siblings demands a larger share from the ancestral property on the basis of the reason that he/she is the eldest one? Can anything be done?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One son cannot demand more share in the property merely because he is the elder son. The law does not grant any additional rights in property to the elder son and in the case of intestate succession to property, all sons will have equal share in the property.
Legal
#registration#process#buying#flat#society
Am I needed to do a fresh registration process for buying off my share from a flat that I own with my brother? Here, I am the primary member and my brother is the associate member of the society.
Am I needed to do a fresh registration process for buying off my share from a flat that I own with my brother? Here, I am the primary member and my brother is the associate member of the society.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you will have to execute a fresh agreement for the share held by your brother as any transaction for immoveable property having value above Rs.100/- is required to be registered.
Legal
#flat#agreement#owner#deposit#tenants
I have been staying in a flat in Chennai for the past 10 years. For the first 3 years, there was a proper written rental agreement and post that, it has only been done verbally on mutual consent. Now, as I have heard from various sources, the owner has a tendency to deduct the deposit amount using some baseless reason and give it to the tenants when they are planning to vacate. Is there any legal procedure through which I can get back my complete security deposit?
I have been staying in a flat in Chennai for the past 10 years. For the first 3 years, there was a proper written rental agreement and post that, it has only been done verbally on mutual consent. Now, as I have heard from various sources, the owner has a tendency to deduct the deposit amount using some baseless reason and give it to the tenants when they are planning to vacate. Is there any legal procedure through which I can get back my complete security deposit?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to prove that the terms of your original rental agreement has been continued orally by the parties and has not been changed and accordingly, you can seek refund of the entire security deposit based on the terms contained in your rental agreement or file a suit to recover such deposit from the Owner on termination or expiry of the rental/lease/license period.
Legal
#flat#buying#selling#remaining#buyer
I own a 1BHK flat in Virar. I am interested in buying just one of the rooms of my neighbour's house (1BHK) which is on sale. The room in question is adjacent to my flat. I am okay with my neighbours selling the remaining 1RK to any other buyer. I wanted to know what's the legal procedure where I can buy just that one adjacent room of the house?
I own a 1BHK flat in Virar. I am interested in buying just one of the rooms of my neighbour's house (1BHK) which is on sale. The room in question is adjacent to my flat. I am okay with my neighbours selling the remaining 1RK to any other buyer. I wanted to know what's the legal procedure where I can buy just that one adjacent room of the house?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Unless the Flat held by your neighbour can be legally segregated from his flat and also subject to the building plans for such flat being duly amended in the records of the competent authorities, the sale of only part of the Flat of your neighbour in your favour, would be defective .
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
#procedure#property#delhi#attorney
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Power of Attorney is registered, then you can apply for a certified copy of the same from the Sub-registrar of Assurances and can also make a offical police complaint to record the loss of the original POA. This alone can be your title document and no new document can be prepared based on the photocopy of the Original POA, unless the Grantor under the POA agrees to execute a fresh POA in...
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Legal
#property
My grandfather has included me and my 3 brothers in his will, where in, we each own 200 yards of property. I also have a sister whose name is not mentioned in the will. Now, I want to start constructing on my part of the property but according to the will my father is the caretaker for as long as he is alive. Please advise on how I should go about this.
My grandfather has included me and my 3 brothers in his will, where in, we each own 200 yards of property. I also have a sister whose name is not mentioned in the will. Now, I want to start constructing on my part of the property but according to the will my father is the caretaker for as long as he is alive. Please advise on how I should go about this.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Will has bequeathed you the 200 yards property entirely and there is no bar on your constructing thereon and also, if the Will has been duly probated, then unless the terms of the Will say otherwise, you can develop the property bequeathed to you and the facutm of your father being care taker under the Will should make no difference.
Legal
#property#capital#sell
I bought a property in May 2013 with the capital gains from the sale of a property done in May 2012. When can I sell the property I bought in May 2013?
I bought a property in May 2013 with the capital gains from the sale of a property done in May 2012. When can I sell the property I bought in May 2013?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can sell the property at any time, however the proceeds from such sale would again entail capital gains and the same would depend on the number of years for which you have had ownership of the property.
Legal
#land#hyderabad#property#registered#documents
We are looking to buy a plot of land in Hyderabad. The plot is in the name of a lady who passed away some time ago. She left behind her husband and two minor daughters. If we want to get this property registered in our name, what documents do we need? Also, can the registration be done by the husband by proving the lady's death?
We are looking to buy a plot of land in Hyderabad. The plot is in the name of a lady who passed away some time ago. She left behind her husband and two minor daughters. If we want to get this property registered in our name, what documents do we need? Also, can the registration be done by the husband by proving the lady's death?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on the religion of the owners, the property would come to the share of the husband and the two minor daughters (if they are hindus) and the Husband for self and as father and natural guarding of his minor daughters can execute the sale deed in your favour and can also register the same. However, it would be better to cause the Husband to obtain Letters of adminsitration from a Court o...
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Legal
#property
My father in law has passed away, but my mother in law is still alive. My father in law has passed on the property to my husband. My question is, is this possible while the mother in law is still alive?
My father in law has passed away, but my mother in law is still alive. My father in law has passed on the property to my husband. My question is, is this possible while the mother in law is still alive?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property is acquired by your Father in Law from his own self earned income, then he is free to transfer the same to your husband and there is no bar for him to do such thing and the factum of the mother in law being alive would make no difference.
Legal
#land#transfer#ownership
Hi, I am Dhiraj. I and my family are currently accommodated on 1.5 acres of forest land. I wanted to know if there is any law in our constitution or any general regulation under which I can transfer the ownership of this land on my name?
Hi, I am Dhiraj. I and my family are currently accommodated on 1.5 acres of forest land. I wanted to know if there is any law in our constitution or any general regulation under which I can transfer the ownership of this land on my name?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Forest Land if held in a private ownership can be lawfully transferred, however development thereon would be impermissible till the time the same continues to be a Forest.
Legal
#registered#permission#sell
My grandfather wrote a house on my father's name in his will. But his will is not registered and my father has 7 siblings. In this situation, does my father have to share this house with his siblings? Also is my permission required by my father in order to sell that house?
My grandfather wrote a house on my father's name in his will. But his will is not registered and my father has 7 siblings. In this situation, does my father have to share this house with his siblings? Also is my permission required by my father in order to sell that house?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Non-registration of the Will is not fatal and the same is not compulsory in law. However, the Will is required to be proved and a Probate of the same will have to be obtained from a Court of competent jurisdiciton, before the bequest under the Will can be given effect to. If, the Will is not probated, then all siblings will have equal share in the grand fathers property and your permission will...
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Legal
#property#gifted
Is there a possibility that a property will get attached even if it is gifted to my wife and son
Is there a possibility that a property will get attached even if it is gifted to my wife and son
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you have gifted the property to avoid payment of any government dues including income tax and/or to avoid repaying of any dues owed by you to third parties, then the Gift Deed can be defeated on the grounds of Fraud and the property or your share in the property can be attached, despite the execution of the gift deed.
Legal
#gift#property#owner
How does one gift a property to one's wife and son? Can this be done even if the wife is already a joint owner of the property?
How does one gift a property to one's wife and son? Can this be done even if the wife is already a joint owner of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you could always gift your share in the property to your wife and son and it makes no difference if the wife is already a joint owner. The same can be done by executing and registering a gift deed in favour of the wife and son.
Legal
#government#property#worth
I am facing some issues with regards to the guideline values by the government. I had lent 10 lks to a friend, but he couldn't repay it to me so he give me a property which was worth 12 lakhs. The property is 30 lks according to the government guidelines so I am having to pay tax for the difference. Is there a solution to this?
I am facing some issues with regards to the guideline values by the government. I had lent 10 lks to a friend, but he couldn't repay it to me so he give me a property which was worth 12 lakhs. The property is 30 lks according to the government guidelines so I am having to pay tax for the difference. Is there a solution to this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, under the relavent Income tax and Stamp act provisions, stamp duty and income tax is assessed based on the market value of the property. However if the genuine market value is infact Rs.12 Lakhs, then you would have to file appeals challenging the assessment of the property at Rs.30Lakhs before the Stamp authorities first and if the transaction is infact concluded, also before the Income ta...
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Legal
#constructed#property#agreement
There was a circular issued by the state to pay 5% vat on the flats that are constructed between June 20, 2006 and March 31, 2010. How much would I have to pay for a property that has an agreement value of 23 lakhs?
There was a circular issued by the state to pay 5% vat on the flats that are constructed between June 20, 2006 and March 31, 2010. How much would I have to pay for a property that has an agreement value of 23 lakhs?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
VAT payable would depend on State laws and also it requires payment of penalty etc.
Legal
#property#registered#protect#purchase
Mr. A owned a property. His son, Mr. B illegally registered the property to his name and sold some part of it to Mr. C who took the deed for confirmation, and to protect his purchase. Mr. B then sold the rest of the property to Mr. D, who also took the deed for confirmation. I have now bought the property from Mr. D. Does Mr. C's deed still hold validity?
Mr. A owned a property. His son, Mr. B illegally registered the property to his name and sold some part of it to Mr. C who took the deed for confirmation, and to protect his purchase. Mr. B then sold the rest of the property to Mr. D, who also took the deed for confirmation. I have now bought the property from Mr. D. Does Mr. C's deed still hold validity?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague and doesnt add up.
Legal
#flat#builder#parking#owners#size
I bought a flat in Kolkata in a G+3 building which has 4 flats. The builder has sold a parking space to each of the four flat owners. But the plan originally had only 2 spaces. As it turns out, he has sold the passage as a parking space, and reduced the size of the security room to make room for another parking space. Can we take any action against the builder in this situation?
I bought a flat in Kolkata in a G+3 building which has 4 flats. The builder has sold a parking space to each of the four flat owners. But the plan originally had only 2 spaces. As it turns out, he has sold the passage as a parking space, and reduced the size of the security room to make room for another parking space. Can we take any action against the builder in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you could initiate action against the Builder by filing complaints before the Municipal Corporation and/or Consumer Forum etc., for taking action against the Builder for flouting the sanctioned plans and making illegal gains.
Legal
#land#mumbai#sell#property#builder
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property. You could utilise the sale proceeds received from the Builder to acquire another residential property within a period of 1 year from the date of the sale to minimise and/or avoid capital gains payment.
Legal
#land#builder#residential#property#2bhk
I own a piece of land in Thane jointly with my three brothers. Now we have approached a builder to build a residential property on that land. We have received two offers from the builder. One, he will pay us 40-60 lakhs and 4 2BHK flats. Two he will give us a lumpsum amount of 2.5 crores. Will the proceeds from this development be taxable, and if so what will be the tax rate in each scenario?
I own a piece of land in Thane jointly with my three brothers. Now we have approached a builder to build a residential property on that land. We have received two offers from the builder. One, he will pay us 40-60 lakhs and 4 2BHK flats. Two he will give us a lumpsum amount of 2.5 crores. Will the proceeds from this development be taxable, and if so what will be the tax rate in each scenario?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property.
Legal
#poa#transfer#property#transferred#ownership
When my mother passed away, a property which was in her name was transferred to the joint ownership of myself, my brother and my sister. I have given my father power of attorney for this property. Can it happen that my father transfers my share to my sister without my knowledge?
When my mother passed away, a property which was in her name was transferred to the joint ownership of myself, my brother and my sister. I have given my father power of attorney for this property. Can it happen that my father transfers my share to my sister without my knowledge?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the Power granted by you permits the father to transfer your share, then yes, he could transfer your share by virtue of the Power of Attorney.
Legal
#registration#property#registering#authority#owner
During the registration of a property, is it possible for an absolute GPA holder to appear before the registering authority on behalf of the original owner/allottee?
During the registration of a property, is it possible for an absolute GPA holder to appear before the registering authority on behalf of the original owner/allottee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on the power granted under the GPA. However, lately GPA are recognised by authorities only if it is executed in favour of blood relatives and not third parties.
Legal
#commercial#property#divided
We are a family of 7 brothers and own a commercial property. The ground floor has been sold to someone, and we own the rest of the floors. When any of these other floors are sold, how will the proceeds be divided among the 7 brothers?
We are a family of 7 brothers and own a commercial property. The ground floor has been sold to someone, and we own the rest of the floors. When any of these other floors are sold, how will the proceeds be divided among the 7 brothers?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on who owns the property and from whose income was the same acquired. If it was acquired from the joint family income or by the brothers jointly, then the sale proceeds can be shared by all brothers equally.
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
#transfer#inheritance#property#ownership#transferred
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depending on your religion, the share of your father in the property will belong to your mother and her two daughters equally (in case of Hindus) and if the same is to be trandferred in her sole name, then the two sisters will have to transfer their respective shares in the property to the mother by way of a registered document. If the mother expires, then the property comes to the share of the...
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Legal
#lease#deposit#term#landlord#refuses
What do I do if at the end of the lease term the landlord refuses to refund my deposit?
What do I do if at the end of the lease term the landlord refuses to refund my deposit?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Depends on the terms of the lease deed, either you can hold on to the property or file a suit for recovery of the deposit
Legal
#residential#property#sell#occupy
I was forced to rename my residential property in my father's name. After doing, this my brother convinced my father to sell all of it. Although, my father has let me live on part of the property, I am worried that he will also sell the part that I currently occupy. If this does happen, what can I do to prevent it?
I was forced to rename my residential property in my father's name. After doing, this my brother convinced my father to sell all of it. Although, my father has let me live on part of the property, I am worried that he will also sell the part that I currently occupy. If this does happen, what can I do to prevent it?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property is acquired from your self earned income, then you can obtain an injunction from a civil court restraining your father etc., from dealing with your property or your share therein. If the property is acquired by the father from his income, then you cannot prevent him from dealing with the same.
Legal
#registration#pan#tenant#rent#agreement
Is it compulsory to mention the PAN number of the tenant on a rent agreement?
Is it compulsory to mention the PAN number of the tenant on a rent agreement?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, as per the prevalent rules, PAN card number is required to be compulsorily mentioned and if one does not have a PAN card, then the relevant IT Form is to be executed whilst registering the document.
Legal
#will#property#share#promised#agricultural
Firstly, can a will be broken? What needs to be the case, if it can be broken? Secondly, my wife's grandfather had a property and he made a will which stated that the property should be shared only between 2 children out of the 5. He promised agricultural lands to the other 3 children. But the will states that the three children will receive a sum of one lakh rupees from the 2 children who got the property. Now, one of them has claimed the money. Are there any chances that the other two would ask for equal share in the property?
Firstly, can a will be broken? What needs to be the case, if it can be broken? Secondly, my wife's grandfather had a property and he made a will which stated that the property should be shared only between 2 children out of the 5. He promised agricultural lands to the other 3 children. But the will states that the three children will receive a sum of one lakh rupees from the 2 children who got the property. Now, one of them has claimed the money. Are there any chances that the other two would ask for equal share in the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The question is vague. However, a testator can change his will as many times as he wants and only the last will made by the testator will have any relevance.
Legal
#huf#will#rules#nominee#property
According to HUF rules there can be nominee to my property and investments. Under my HUF, I own a property and multiple investments in the form of FDRs and others etc. I want to bequeath these investments to my nephew, how can I go about with this?
According to HUF rules there can be nominee to my property and investments. Under my HUF, I own a property and multiple investments in the form of FDRs and others etc. I want to bequeath these investments to my nephew, how can I go about with this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your nephew forms part of the HUF, then you could devolve your share in the investments of the HUF unto and in favour of your nephew by way of a testamentary disposition i.e. Will.
Legal
#transfer#property#procedure
There is a property that is in the name of a widow's late husband. Now we want to transfer it in the widow's name. What is the procedure we should follow?
There is a property that is in the name of a widow's late husband. Now we want to transfer it in the widow's name. What is the procedure we should follow?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If there are no other heirs of the husband except his widow post his death, then the widow alone becomes the sole owner of the property (depending on the religion the husband follows) and consequential applications to the society/revenue authority etc., have to be made to bring the aforesaid facts on record. In some case, Letters of Administration would also be required from a Court of competen...
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the property is held by the Husband jointly with the wife and if there are no other heirs of the husband except his widow post his death, then the widow alone becomes the sole owner of the property (depending on the religion the husband follows) and only consequential applications to the society/revenue authority etc., have to be made to bring the aforesaid facts on record. However, if there...
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Legal
#ownership#documents#proof#land#society
We own a piece of land in a society and have built our house in that society. We have also been staying there since 2004. We also possess all the electric bills as proof of occupying the property. But now the grandson of the secretary has sent us a legal notice for claiming false ownership of the land. What can we do in this situation to prove the ownership of the property?
We own a piece of land in a society and have built our house in that society. We have also been staying there since 2004. We also possess all the electric bills as proof of occupying the property. But now the grandson of the secretary has sent us a legal notice for claiming false ownership of the land. What can we do in this situation to prove the ownership of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If you have the relevant documents proving ownership of the land in the society and are also a member of the society, then the secretary or his grand son's notice is without merit and it would be for them to approach the court to prove that your ownership claim is false, you can defend such proceedings by producing your title deeds etc., to the land and no seperate proceedings are required to b...
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Legal
#sell
We have a few plots that we wish to sell. There are some plots in my father's name, some on multiple people's names and none on my brother's name. But when we are trying to sell my elder brother, who is a lawyer, is threatening the buyers. What do we do about this?
We have a few plots that we wish to sell. There are some plots in my father's name, some on multiple people's names and none on my brother's name. But when we are trying to sell my elder brother, who is a lawyer, is threatening the buyers. What do we do about this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If your father is alive and the plots are brought by him from his self earned income, your brother cannot stall the sale. Similarly, if the other plots standing in multiple names are also brought by those parties from their self earned income, then too, your brother cannot stall the sale. However, if the plots are ancestral property or brought from the funds of the Joint family property, then y...
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Legal
#transfer#property
I own a property along with my brother and I want the property in my wife's name after the distribution, my family is also on my side but my brother is not agreeing, what can I do?
I own a property along with my brother and I want the property in my wife's name after the distribution, my family is also on my side but my brother is not agreeing, what can I do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You would have to seek partition of the property from a civil court, if the property cannot be divided in metes and bounds, then it would have to be sold and the sale proceeds distributed accordingly. Alternatively, you could always transfer your share in the flat in favour of your wife by way of a Gift Deed.
Legal
#vacate
When we were young, my father purchased a house in my sister's name. After that she got married and is now living with her husband's family. I am the only person living in this house. She has now issued a notice to me to vacate the house. I don't have any other place to go to, what do I do?
When we were young, my father purchased a house in my sister's name. After that she got married and is now living with her husband's family. I am the only person living in this house. She has now issued a notice to me to vacate the house. I don't have any other place to go to, what do I do?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since the agreement stands in the name of the sister, you would be required to prove that the father did not have any intention to have the flat belonging to the sister alone and thus, seek partion and/or other reliefs in respect of the flat from a civil court.
Legal
#nri#registration#nominee#documents#buying
Is it possible to nominate someone to sign the registration documents while buying a property if I am an NRI and not physically present in the Mumbai where the property is located ?
Is it possible to nominate someone to sign the registration documents while buying a property if I am an NRI and not physically present in the Mumbai where the property is located ?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution ...
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Legal
#nri#purchase#process#buying#property
What is the process of buying a property if you are an NRI?
What is the process of buying a property if you are an NRI?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The process for buying of properties by an NRI is same as that for resident Indians. The procedure for foreign nationals is differnet and requires permission of the RBI.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
A document purporting to transfer etc., an immoveable property of value above Rs.100/- is required to be compulsorily registered, failing which such document is not admissible in evidence in any proceedings.
Legal
#transfer#property#transferred#relatives
Can a property be transferred only between blood relatives?
Can a property be transferred only between blood relatives?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, a property can be transferred by way of a sale to any third party and also by gift deed if the property is owned by the transferor himself and from his/her own funds, to any third party.
Legal
#construction#permission#permissions#mumbai
Has there recently been a court order which restricts granting of permissions for new construction activity in Mumbai?
Has there recently been a court order which restricts granting of permissions for new construction activity in Mumbai?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, there is an Order of the Bombay High Court restricting new developments in the city of Mumbai in view of the lack of facilties at the dumping grounds in the city qua the wastes generated from the city. The order however exempts development of slum and few other properties.
Legal
#transfer#resale#society#charge#charges
Is it legal for a society to charge transfer charges on a re-sale transaction of a flat?
Is it legal for a society to charge transfer charges on a re-sale transaction of a flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Society can charge a sum of Rs.25,000/- for transfer of membership, beyond that the same is not permissible .
Legal
#immovable#transfer#giftdeed#taxes#property
If an immovable property is to be transferred via a gift deed, are there any taxes to be paid on the same?
If an immovable property is to be transferred via a gift deed, are there any taxes to be paid on the same?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Stamp duty for some close blood relatives is Rs.500/- for rest it is 2% of the Agreement value. There would also be registration fees for the Gift Deed, which is 1% of the value of the property or Rs.30000/- whichever is less.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Either the Builder/Owner of the land conveys the property directly in favour of the Society by executing a Conveyance Deed or the Society can aproach the Competent authority for deemed conveyance under the amended provisions of the Maharashtra Ownership of Flats Act.
Legal
#registration#documents
What are the particular steps to follow for the registration of documents?
What are the particular steps to follow for the registration of documents?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Stamp duty has to be paid on the document before registration, appointment is required to be sought with the office of the Sub-registrar and then the document is required to be lodged for registration. All parties executing the document have to attend the office of the Sub-Registrar to admit execution of the document, failing which the registration remains incomplete.
Legal
#transfer#flat#transferred#owner#society
If a flat is to be transferred from the owner to the society does it take very long?
If a flat is to be transferred from the owner to the society does it take very long?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The law in Maharashtra under the Maharashtra Co-operative Socities Act, 1960 gives the Society a maximum period of 90 days for deciding the application for transfer of membership.
Legal
#leasehold#purchase#property#land
What happens when I buy a property on land which is actually leasehold land?
What happens when I buy a property on land which is actually leasehold land?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The terms of the lease deed would govern the rights in the struture standing on the land. Usually, there is a provision for renewal of the lease and the lease deed in most cases is for a considerable period of time, thus rights in the structure in most cases remains unaffected.
Legal
#giftdeed#register#gift#charges
I wish to register a gift deed but don't know the charges, does anyone know what the charges are?
I wish to register a gift deed but don't know the charges, does anyone know what the charges are?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Stamp duty for some close blood relations is Rs.500/- in Maharashtra, otherwise its 2% of the market value of the property.
Legal
#transfer#ownership#flat#suggestions#process
I am looking to transfer the ownership of my flat, any ideas or suggestions on how to go about the process?
I am looking to transfer the ownership of my flat, any ideas or suggestions on how to go about the process?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Once you have negotiated with the buyer on price, you could enter into an agreement for sale or sale deed depending on the terms of payment.
Legal
#inheritance#property#flat
I am going to inherit a property, could anyone help me with the inheritance laws for an apartment or flat?
I am going to inherit a property, could anyone help me with the inheritance laws for an apartment or flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Inheritance laws varies depending on the religion you follow. For Hindus, all heirs claim equally. The law is same for all moveable and immoveable properties and there is no distincition in the law for inheritance of an aprtment or a flat.
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