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icon I had purchased an under construction property in 2017

I had purchased an under construction property in 2017. Got possession of the flat in year 2024. As per income tax act, I am eligible to get Rs.30,000/- only as home loan tax rebate as the possession


A. Dear Client,
The tax exemption has to be computed according to their respective income heads to calculate the rebate amount. It is important to analyze the intricacies involved in computation to answer the query precisely. It is advisable to consult a tax lawyer or a chartered accountant to guide you through the receipts and provide an appropriate legal remedy.
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icon RERA- Real Estate Agent

I am Planning to Open a New Real Estate Broker Firm & Planning to introduce a Sales Strategy which includes referrals from my Clients against the Proportion of commission that I will earn from their l


A. Dear Client,
Referral fees are legal provided they abide by the requirements under the RERA Act. Any person making the referrals is deemed to be a 'real estate agent' under section 2 of the Act and thus is required to be registered with the RERA body. We would require more details to answer the questions on the legalities of the strategy. If required, you can consult an advocate specializing in the area of real estate to guide you through the rules and regulations under RERA and understand the i ...ReadMore

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icon Real estate agent harrassing for brokerage

I Had given one year brokerage at the time of agreement to agent three years back. And There is no any further agreement with brokers for every year renewal fee nor mentioned on agreement copy. Owne


A. Dear Client,
After the enactment of the Real Estate (Regulation and Development) Act, 2016, all real estate agents are mandatorily required to register themselves with the RERA under Section 9 of the Act and the functions or activities in the real estate business are regulated under Sec.10 of the said Act. If your so-called agent is a registered agent under RERA, then you can lodge a complaint against him for unfair trade practice before the Adjudication Officer, RERA under Section 31 of the Ac ...ReadMore

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icon To landlord - I am staying in this house from 6 years

I am staying in this house from 6 years the lease agreement was signed for only 2 years because the owner is not giving the lease amount I am not able to vacate what are my legal rights as I have not


A. Dear Client,
For non-renewal of lease agreement after two years, the relationship between a landlord and tenant does not exist any longer and in the absence of any agreement, both parties are not in a position to exercise their right against each other. So legally you being a tenant are not entitled to occupy the rented premises and once you litigate the matter, it may be considered an unauthorized occupation and house trespass which is a criminal offense under Sec.442 of IPC. So, try to resolve ...ReadMore

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icon Addition of Wife Name in new flat sale

I had purchased one flat in 2021 with home loan. New flat registration is planned in June 2024. Now i want to add my wife (Married in 2023) name in new Flat Sale Deed. How it can be done? What are min


A. Dear Client,
You can add your wife's name to the sale deed as a co-owner by executing a new sale deed or rectifying the old deed. Further, you need to file an application to the sub-registrar's office and register the new/revised sale deed.
If required, you can consult an advocate for advice and assistance in the matter.
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icon Real estate -rera

The building doesn't registered in RERA but he sold as a Prelounch offers and then company directors absconded, can I complaint in RERA or consumer court or police or directly court.? Please advise


A. Dear Client,
After serving a legal notice to the company, you can file a complaint under Sec.35 of the Consumer Protection Act, 2019 before the District Consumer Forum for deficiency in service and unfair trade practices and claim appropriate compensation. Otherwise, you can file a police complaint against the directors for fraud and the authorities will be able to take action against such fraudsters. If required, you can also proceed with a criminal case against them.
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icon Apartments terrace laws

Whether a builder sell a terrace adjacent to a flat to the owner of said flat or give right of exclusive use of said terrace?


A. Dear Client,

The rooftops of a multistoried building, also referred to as open terraces, are considered common areas accessible to all floor owners. It's legally prohibited for a builder to sell the terrace of such a building, as it constitutes a shared space for the use of all owners.

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icon Tenant Eviction - Rental and Sale Agreement Signed but Expired

We received a purchase proposal for our flat. However, the tenants could not finance the purchase at that point of time. It was agreed through a contract that they will pay an advance of 5L, and stay


A. Dear Client,

A rental agreement or agreement to sell does not grant ownership rights to a tenant or buyer. When a rental agreement expires, the landlord can request the tenant to vacate the premises. Similarly, if an agreement to sell includes clauses allowing cancellation due to non-payment by the buyer within a specified time, the seller can cancel the agreement and refund the advance after deducting a certain percentage. If there are no such clauses, the buyer may file a suit for specific p ...ReadMore

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icon Favoring employees of the builder in parking allocation

I had booked a flat with Ganesh housing Corporation Limited under scheme Malabar exotica, My flat details are A-1402 (14th floor)At the time of purchase we were told that 2 Parking would be allocated


A. Dear Client,

If your housing project is registered with RERA, you have avenues for recourse if the builder breaches contract or deviates from agreed terms. You can file a complaint with RERA's Adjudication Officer under Section 31 of the Real Estate (Regulation and Development) Act, 2016, seeking compensation for deficiencies in service or unfair trade practices. Additionally, you can serve a legal notice to the builder and file a complaint with the District Consumer Commission under Section 3 ...ReadMore

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icon Builder Refuses to Refund Our Money

My dad saw an ad in the newspaper offering row houses for 4 lakhs in Vasai. We paid 3 lakhs in installments to the builder, but when we asked for the house, he kept delaying. First, he said after Diwa


A. Dear Client,
Firstly, you can send a legal notice to the builder and demand a refund. Further, if the project is registered under RERA, you can file a complaint against the builder before the adjudication officer for delay in possession and fraud. Otherwise, you can consider filing a consumer complaint before the District Consumer Forum for deficiency in service and unfair trade practices. If required, you can consult an advocate for advice and assistance in the matter.
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Thank you.

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