Buying an unregistered flat in resale from 2nd buyer
Buying an unregistered flat in resale from 2nd buyer
I am interested in buying an unregistered flat in Noida Extension from 2nd buyer of the said flat. On checking the Builder Buyer Agreement/Allotment Letter, the builder seems to have transferred the f
2 months ago
A. Dear Client,
If the initial transaction lacks a registered document, acquiring a sale deed in your name is necessary. To formalize this, seek signatures of the presumed previous owner as consenting witnesses on your sale deed. This process helps establish legal ownership and ensures the transaction is properly documented and registered.
Cancellation
I have book the flat 1bhk in 2017 with 5%booking amount on tripartite agreement with the possession of 2019 .At the start the first disbursement of 10,000,00/-was done by DHFL but in 2018 I have sudde
2 months ago
A. Dear Client,
In cases of contract breaches, the terms of the contract guide the court on handling the advance deposit. If specified, the deposit will likely be refunded if the seller or builder fails to comply. Investing in a RERA-approved project provides buyers with secured rights, ensuring legal compliance and possession timelines. If a buyer's loan application is rejected, they can claim the advance payment as a booking amount. Government regulations on house cancellation or refund are abs ...ReadMore
Is underconstruction flat allowed to sell
I have purchased an underconstruction flat in Mumbai, possession is in 2025. Since I don't have funds to pay for the flat, I would like to sell it. However the builder told me I can't sell until posse
2 months ago
A. Dear Client,
Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing whether the conditions for filing of bankruptcy have been met, the court may accept or reject the application. Until the decision on the application is taken, an interim receiver takes possession of the property of the debtor. If the application is admitted, the court can apply a stay on any legal proce ...ReadMore
House Plan
Sir, I live on a plot of land which belonged to my Grandfather followed by my father and then me. I have the will of the plot but don't have any house plan. I have made new construction of my old hous
2 months ago
A. Dear Client,
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court-certified copy of the will. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for tran ...ReadMore
Question Regarding Token For Property
Hi.. A few days ago I wanted to sell my property. I met someone and he gave me a check of Rs 1 lakh as token amount. He wrote all the details (my property number, pan, aadhar etc) on a plane paper, pu
2 months ago
A. Dear Client,
In the given scenario, no legal action is attracted against you at all. Legally, until and unless an agreement to sell is executed between the Seller and the Buyer, neither any token money/advance against the agreed consideration money is paid nor, accepted in the matter of transfer of immovable property. So, in the absence of a basic document and also for non-encashment of the token cheque, the buyer cannot take the matter for granted and cannot even take any legal recourse against ...ReadMore
Builder not refunding the booking amount on house cancellation in Mumbai
I had booked an under construction property on 09-Dec-2023 by paying token amount of 3 lacs. On that builder builder got an application signed which dictated terms and conditions of forfeit of the amo
2 months ago
A. Dear Client,
The RERA empowers the homebuyer to cancel an allotment of the apartment booked with a builder at any stage even if there is no default on the part of the developer. It binds the builder to return the money collected from the buyers within 45 days of such cancellation after deducting the booking amount. Without an agreement to sell, the builder can accept up to 10% of the amount of cost of the flat as booking money and if you cancel the booking without the builder's fault, the builde ...ReadMore
E-Khata
Developer has made a layout and it’s not registered or approved layout either by local authority or BMRDA, and also it’s DC converted for residential or layout purposes is this what it states in d
2 months ago
A. Dear Client,
Purchasing a property involves considering various legal aspects, and in this scenario, the situation appears complex. The fact that the layout is not registered or approved by local authorities raises concerns about its adherence to legal norms. Additionally, if the property cannot be registered due to Form 11B status mentioned in the E-Swathu portal and the division of a single survey number into multiple plots in a panchayat, it adds further complications.
It is highly recommende ...ReadMore
Capital Gains Tax for senior citizens on sale of inherited property
Does a senior citizen (68 years) need to pay capital gains tax on the sale of inherited property (sold within two years of court-mandated partition) if their income has been less than Rs. 3 Lacs in th
2 months ago
A. Dear client,
A senior citizen who is above 60 is exempted with an annual income of Rs 3 lakh or those aged 80 years or older with a yearly income of Rs 5 lakh will not be subject to capital gains tax as per the Income Tax Act, 1961. When you receive an inherited property, you will not be liable to pay tax. First of all, an individual inheriting property from their ancestors is not subject to taxes at the time of inheritance. There is now no tax on that. The tax liability of the sold-out ancest ...ReadMore
Distance of building from boundary wall
There is a SRA building being constructed next to our building boundary wall, and the building is less than 1 feet distance from the wall. This building is in Chembur west, Mumbai, India. Is this buil
2 months ago
A. Dear Client,
The legality of the SRA (Slum Rehabilitation Authority) building's construction near your boundary wall may be subject to local municipal regulations and building codes. In Mumbai, the Municipal Corporation of Greater Mumbai (MCGM) plays a crucial role in overseeing construction activities. You can check the MCGM's official website or visit their local office to access building regulations and guidelines specific to Chembur West.
The distance between buildings is often regulated to ...ReadMore
Buying property from muslim women
Can i buy a property whose owner is a muslim women. Property transferred on her name after her husband death. She is having 5 children.
2 months ago
A. Dear Client,
A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. Therefore a Muslim women can dispose off her share only.
Thankyou
