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Dear Legal Experts, I have taken a flat from 1st buyer (he executed saledeed with Builder and also got clearance letter, possession certificate) and subsequently I have executed saledeed with 1st buyer and owned that flat in 2013. However the entire housing complex was not having water, electricity, road and it was completely deserted as the builder was behind bar in a separate case. After agitation for last 5-6 yrs and we have got our flats with temporary electricity and water on Jan 2019. We have photographs of and group whatsapp msg of hundreds of agitators to substantiate our genuinity for struggling to get our flats with basic amenities. But it took around 7yrs from the given timeline of handover by builder. In the mean time many of the 1st buyers also executed their sale deed with fear of losing entire investment. 1. Would like to know whether the 2nd buyer can claim compensation for 7yrs delay, as the flats were not in livable condition and it was without basic amenities like road, electricity, water, sewage & moreover it was kind of a ghost housing complex with 10 blocks and 500 flats. And which act empowers the 2nd buyer to claim compensation as the ownership is transferred from 1st buyer to 2nd buyer through registered sale deed, and it’s the equal responsibility of Builder to comply as agreed with the 1st buyer. 2. Builders are always in dominant position prior to this RERA act, Competition Act. Buyers are rather forced to collect symbolic possession letter and to execute saledeed, where as builder wont complete other amenities to make it in livable condition. Do we have any ruling by Apex court of our country where they are further spelt out the meaning of POSSESSION and it should be with all the amenities and civic services.

A. If the project is registered with RERA then file a complain against them.
In the alternative you can also move the consumer forum.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
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Anonymous

Posted 1 week ago

I own an under-construction apartment. It is registered on my name. When the builder field insolvency, we were asked to submit the Form CA by association. Some of us were not sure, so we did not submit the claim using Form CA. Now, the court has given time to settle the matter mutually. All the apartment owners are not in agreement with the builder's proposal. So, we are working with the IRP to get our apartments constructed. As we have declined the builder's proposal, mostly we will have to get assistance from the IRP for our apartments. My concern here is, I have not submitted the Form-CA. So, if the NCLAT decides to give the IRP authority to get the apartments constructed, will this judgment be applicable only to the people who submitted the form-ca? or all the flats will be considered for the construction? Please advise.

A. Need to look into the documents.
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SAROJA  PRUSTY
SAROJA PRUSTY Experience: 19 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
I am looking for a plot and i have seen some Plots in Bangalore within BBMP limits, The developer has converted the Agricultural land to Plots and selling them, According to Proposed CDP 2031 the Survey number was in Green Belt. But within around 300 meters the area was developed and aparments, villas and new apartment is getting constructed. Also the property is closed to Peripheral ring road and within 300 meters the Peripheral ring road(PRR) was planned. The Survey number in which i have seen the plot is not affected due to PRR where BDA acquired the nearby lands for PRR. I need help related to two questions, is it good to for the this layout and another thing is how the revenue land can be registered as Plot in Sub Registrar office. Will i able to see any double registration issues if i buy the Plot. How double registrations can be avoided in this kind of unapproved layouts.

A. If it is in green zone then convert into resident zone otherwise no
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Anonymous

Posted 3 weeks ago

In real estate who gives broker licence,if we made mou for the process of buying and selling a inmovable property but suddenly something wrong happen with process example=the property owner become a fraud or becoming our internally home disputes then we can cancel the sale deed before a registration done if the party given 50%money pf property deal but we don't do a property registration and also a we ready to return 50%money to opposite party which is given for the process of buying property then broker or opposite party have the rights of indemnifies the extra money to claim it is leagl and where we should complaint the broker illeagl issue please suggest me

A. If a broker registered on rera then it will be possible otherwise file complaint against such broker
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Anonymous

Posted 3 weeks ago

Who gives broker license for real estate and plus if any problem happen during the process of buying or selling property the some times we cancel the process of property due to some problem before registration of property then I want ask one question respectively that opposite party or broker have right to blame Indemnifies the money is that legal or where we can complaint the broker issue which is illegal please suggest me

A. Please see RERA website where in you will an idea about the proposed licence.
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Anonymous

Posted 4 weeks ago

I have already won the case in Maharera where I had seemed refund of monies paid under sec 18. This includes principal paid, service tax, VAT and Stampduty and Home loan expenses. Interest has been awarded on all the above bifurcations. Now the builder has filed for an appeal challenging the order. His appeal is that he will refund only the principal with interest. All taxes i.e Vat, Service Tax, Stampduty and Loan related expenses he won't be liable to refund since these amounts are not with him. Whatever taxes were paid to him have been paid to the respective authorities. My argument is, Service Tax, Vat is not refundable. Also Stampduty may be refundable but post deduction. Also why would I need to run from pillar to post to claim my refund if any from anyone. The builder has defaulted and he is liable to restore me with all amounts paid. I need a legal opinion/ guidance if what the builder is appealing holds any merits. Can someone share some orders where awards have been granted by either high courts or supreme court in favour of allottee where the builder is liable to refund all charges and expenses incurred by the allottee.
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Ashis Karmakar

Posted 1 month ago

My neighbour sometimes encroach in my land crossing boundary wall in pretext of some work without taking my permission.I told him not to do so but all in vain. The ownership of the boundary wall is not known.they claim it az theirs.plz tell me what I should do?

A. File a civil case and get appointment of Court commissioner.
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Chinna Botla

Posted 1 month ago

Bought a new home from a builder, after one month, water in the bore dried, bore mechanic said that we need to drill a new bore. Builder is not yet provided the construction completion certificate. Drilling new bore, whose responsibility?

A. Responsibility of the builder.
However you can revoke such purchase agreement.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
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Anonymous

Posted 1 month ago

Case: There was 5 owner cum brothers (equal share) of a Pond. I bought 1/5th share from one owner in 2009. Again 2/5th share from two owner was purchased in 2019 in my son's name. We also wanted to purchase the another 2/5th share from other two owner, we have also talked with them in this regard, but they sold their share to another person (our long time enemy). I was looking after the pond from last 30 years. MY QUESTIONS: 1. What is Preemption law? 2. Is Preemption law applicable in case of a Pond? 3. Is there any law/legal way to get back the sold shares of the Pond? Thanks.

A. Dear Sir,
Pre-emption law applicable to all immovable properties if not get the law enlarged.
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Anonymous

Posted 1 month ago

I was not aware of REra so bought a row house from one of the builder and took loan from DHFL and due to present situation they did not complete the house and asked if we pay them they will get this completed and give me assurance in writing that they will complete this before 30th of this month. Looking at their work progress I doubt if they can complete the house and requesting you to please suggest me what I have to do next. Looking forward to hearing from you.

A. Dear Sir,
Get issue a legal notice and also approach RERA.
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