I booked the flat by paying 10 percent to builder
I booked the flat by paying 10 percent to builder
Hi, I booked the flat by paying 10% to builder but they shared allotment later with wrong value which was not agreed. After raising concern, they promised to rectify the value and also promised to th
8 months ago
A. Dar Client,
If the housing project is registered under RERA, then before payment and receipt of booking money against the flat, an Agreement to Sell is required to be executed between the Purchaser and the Developer u/s.13 of RERA Act, 2016. The allottee shall have the right to cancel/withdraw his allotment in the project as provided in the Act, provided that where the allottee proposes to cancel/withdraw from the project without any fault of the promoter, the promoter herein is entitled to forf ...ReadMore
Does HC Mondamus Writ get executed against RERA compensation orders
I got a RRC from Karnataka RERA in 2020..However, the deputy commissioner and his staff are not making any attempt to recover the money. Is there any case reference where a Complainant has got RERA co
8 months ago
A. Dear Client,
When a Writ of Mandamus is issued by the High Court directing the DC to complete the recovery process in compliance with the Recovery Certificate issued by the RERA in a specified period of time. Such a direction from the High Court shall ensure effective compliance of the Recovery Certificate issued by the RERA in a time-bound manner. In this context, the judgment passed by the Bombay High Court in the WRIT PETITION NO. 444 OF 2022 , Sabhajit Ramyash Yadav, and anr vs. the State of ...ReadMore
Purchased Agricultural Land Plot
I have bought a plot in an griculture land, it is supposed to be diverted to non agricultural land. The builder is in the process on doing it. But i want to know what can i do if i want my money back
8 months ago
A. Dear client,
Please send a letter to the builder demanding back your money and if he fails to do so you can initiate proceedings against him in the appropriate civil court if you have proper grievance against him
land map changed not getting possesion
Sir i purchased a land in Lucknow, got registry but after some time new developer take over the site and He changed the map and asking development charge. As per new map plot no and road are changed.
8 months ago
A. Dear Client,
The New Developer of the plot cannot change the land map without the consent of the competent authority, i.e, Land Revenue Deptt, Municipal Corporation and the owner of the property. If the project is registered under RERA then make a complaint to the RERA for redressal of your grievance.
Less than 20 members chs ltd
Can a cooperative housing society be dissolved permanently ? Can a trust or social service organisation be built in it's place, if yes, kindly indicate the procedure.
8 months ago
A. Dear Client,
The most common reasons for a housing society to be dissolved are bankruptcy, inability to meet its objectives, involvement in illegal acts, an inadequate number of members, ceasing of functioning over time, contravention of law, or irreconcilable dysfunction. The procedure of dissolution of a registered cooperative society is laid down u/s.39 of the Co-Operative Societies Act, 1912. Sub-Sec. (1) to (5) of Sec.39 of the said Act deals with the dissolution of a cooperative society. ...ReadMore
Brother asking his investment back
Hello Sir, My late father brought a family property around 2021 March.He asked for the contribution from my elder 2 brothers and invested his retirement amount on a property.Since I was not earning m
8 months ago
A. Dear Client,
If the property is bought in the name of your father who left it intasted i.e, without a will, then all the surviving legal heirs are entitled to an equal share in the property as per the Hindu law of inheritance. So your brothers cannot sell the property until and unless the property is partitioned through a civil suit. On receipt of individual shares following the court's order, your brothers are entitled to sell their own shares only. Reach out to an Advocate for guidance and s ...ReadMore
E-Stamp registered agreement validity
Dear Sir, Recently, my friend(who is a seller) made a registered agreement for his plot with the buyer with Article 5 Agreement (Memorandum of an agreement) on e-stamp paper and registered that in Te
8 months ago
A. Dear Client,
Under section 17 of the Indian Contract Act, 1872, fraud is defined as any act committed by a party to a contract, or with his connivance (willingness to allow), or by his agents, to deceive or trick the other party, his agent, or to induce him to enter into the contract. A promise is not intended to be performed if it is made with no intention of fulfilling it on either party's end. This is because it is made with the sole objective of preventing the other party from dealing with o ...ReadMore
Rajasthan RERA Rules
Dear Sir, I have made booking payment, of 10%, on 11 July 2023 for a project (in Rajasthan) promoted by a well known builder . We have to get the Agreement to Sell (Form G) registered. By when (perio
8 months ago
A. Dear client,
RERA Rule 9 requires a sale agreement.- (1) The agreement for sale shall be in Form-G for the purposes of sub-section (2) of Section 13 of the RERA Act, 2016. According to Section 23 of The Registration Act, 1908, all papers save a must be brought for registration before the Registering Authority within 4 months of execution.
NPA flat for sale
I want to buy a flat in Mumbai which is NPA with one bank. What are the precautions to be taken while buying the flat?
8 months ago
A. Dear client
If the property has had multiple owners in the past, it is best to obtain the Mutation Deed from the local government. To avoid future misunderstandings, try to obtain complete ownership facts of the property from the start. Share the records with a legal expert to ensure there are no encumbrances. In the event of an NPA property, potential buyers must investigate the availability of a house financing. Before purchasing an NPA property, you may get expert advice if necessar
Removal of name from agreement
I have a flat in Mumbai on my name and mother's. Mother is died 4 years back. There is no will. I have two sisters who are legal heirs of mother. I want to remove name of mother from agreement and soc
8 months ago
A. Dear client,
If no nominee was registered on behalf of your deceased mother, who died intestate, you would be required to file a succession certificate, and the shares certificate and share in the property would be transferred to the people named in the document. The transfer should be carried out in accordance with the society's bylaws. All outstanding debts owed to the society by the person transferring shares should be completely paid.
