Underconstruction property queries
Underconstruction property queries
I want to buy an under construction property from developer however the developer has given the clause that all the legal agreements would be prepared by his advocate(including builder buyer agreement
7 months ago
A. Dear Client,
Before the RERA, i.e, The Real Estate(Regulation and Development) Act, 2016 came into force, builder-buyer agreements were invariably made in favour of the builders. Considering that agreement that favoured builders were a key pain point for the buyer community, the RERA tried to address this, by laying the ground rules for drafting and executing builder-buyer agreements, referred to as agreements to sale in the Real Estate (Regulation and Development) Act, 2016. An agreement for sa ...ReadMore
Delaying in formation of Society
If developer delay in formation of Society or Association in a Residential Complex consists of 17 towers, inspite of apartment owners association has been formed, what steps can be taken by the flat o
7 months ago
A. Dear Client,
The Developer/builder is bound to submit a declaration to the Registrar of Cooperative Societies or the relevant competent authority under (State) Apartment Ownership Act and hand over the building/premises as soon as the occupancy certificate is issued by the civic authority and the flat owners occupied the flats for the formation of Society/Association for its maintenance. The Real Estate (Regulation and Development) Act, 2016 has now brought accountability and responsibility for ...ReadMore
Can I lodge the complaint against builder
Can I lodge the complaint against builder for non formation of the society after 7 years of building completion, possession handover and charging maintainance charges? Type of property - Row House.
7 months ago
A. Dear Client,
Yes, you can lodge a complaint against the builder for non-formation of the society after 7 years of building completion, possession handover, and charging maintenance charges. In India, it is mandatory for builders to facilitate the formation of a cooperative housing society or residents' welfare association within a certain period after the completion and possession of the property. Failure to do so is a violation of the law.
Here are the steps you can take:
Review Your Sale Ag ...ReadMore
Token advance and rental agreement dispute
I have paid one month rent as a token amount for a house in mumbai. As I was travelling next day, they have taken my aadhar photo and finger print. They shared a draft agreement copy in which certain
7 months ago
A. Dear Client,
In the given circumstances, serve a legal notice to the Landlord and reach out to the office/department of the Rent Controller appointed and constituted under the State Rent Control Act to file a complaint over alleged unfair and unetical practices against the landlord.
Demand for Additional Maintenance by the builder
I have taken possession of a flat in a township in Pune in 2018.Before getting possession the builder had given me no Dues Pending letter indicating that there are no dues pending.Before taking posses
7 months ago
A. Dear client,
You should have to reply to the legal notice sent by the builder. Write about the maintenance you have already paid to the builder and safeguard any of the evidences you have to support your claim.
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
Formed a cooperative society for construction of flats
During my government service days few induvial formed a cooperative society for construction of flats . I joined as a member . The payment plan was construction linked but citing need of fund they to
8 months ago
A. Dear Sir,
You may get issue a strong legal notice and file a suit either in civil court or proceed in the consumer forum. In either case you will get your amount with interest if not flat.
RE Manager
we had given the termination notice to one of the properties we occupied for our office, however the notice period should be counted effective from the day we issued notice, but the Landlord is statin
8 months ago
A. Dear Sir,
Whatever may be the reason wait for sometime and get your advance amount smartly then vacate it otherwise there is every danger that landlord may not return your advance amount.
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.
