icon Question on Builder Flat Ownership transfer before possession

Person X(Owner) is out of India and his representative is selling flat on X behalf. Possession is not yet received(planned for 6 months from now). Builder is Reputed. Since I am the new buyer of this


A. Dear Sir,
My answers are as follows:

1. Is this Legally allowed to transfer ownership before possession. Owners's Representative told me that Builder's Relationship Manager will be involved for transfer
Ans: It is legal but such representative must be blood relative of owner.

2. Will only Sale Agreement transfer be required here?
Ans: Without sale deed the owner cannot transfer the property. After Sale Agreement you have to get sale deed.

3. What checks should Owner/Representative qualify to ...ReadMore

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icon Builder issue with maintenance Nd service

Hi sir i am resident of virar mumbai. Out builder has given possession without oc to us by saying you we will get oc in few months so you can shift and he forced us to shift as he want flat money fast


A. Dear Client
This is a clear case of deficiency of service and you have all the rights to file a case in the consumer forum against the builder. If he is not able to provide you whatever has been promised then take him to the consumer forum.

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icon Pagdi System Property issue

For around 25 years me & my family used to stay with my mother in Pagdi System flat where my mother was a tenant. 10 years back that property went in redevelopment & couple of years after that my moth


A. Dear Client,

If any of the sibling has an objection then they can file a case against you in the court which then you can contest it by showing all the evidences in your support.

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icon How to sell a flat against which case is pending in consumer court?

My father has purchased a flat in 2017. We have filed a case in consumer court against the builder. We want to sell the flat now. Is that possible? If yes then what are the legal procedures required?


A. Dear Sir,
It can be sold with the permission of the Consumer Court if the builder gives permission otherwise you have to fight till Consumer Courts gives its final finding.

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Other Responses
Jagannath S  Pawar

Jagannath S Pawar

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Recovery of money given

I gave Rs.60Lakhs to a builder 3 yrs ago who promised me to register 3 flats in my name and sell them for 90Lakhs and give the money to me within 18 months. But he did not construct the flats till now


A. Dear Sir,
Immediately start fighting by issuing legal notice on the basis of documents available with you. If possible get into possession of as many flats as may be possible thus mortgage the same or lease out the same.

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Jagannath S  Pawar

Jagannath S Pawar

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Real estate question on ancestral property

My father has land which was inherited to him from his mother. He has three other brothers. Now he wants to sell his part, and the land is not even partitioned. How can I stop him as his son.


A. Dear Sir,
Your father only can sell his share subject to objections raised by his siblings but you cannot stop him from selling his portion. It is exclusive property of your father as it is not comes within the definition of ancestral property which is denied as follows:
=====================================================================
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto ...ReadMore

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon about appartment bye laws clarification

as per the general appartment assosiation bye law in bangalore - 1. can the outside main door portion wall can be decorated with the fixed stone cladding and 2. can we keep shoe rack box outside the


A. Dear Sir,
It all depends upon bye laws of your Association and normally such alterations or fixations cannot be objected by the executive members of the Association.

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icon Rectification of parking no through deed of declaration

I have bought a flat in newtown, kolkata and did registration on March 2022. But after registration it was identified that the parking no. allotted is a open parking which is not as per the sale deed


A. Dear Sir,

You may get issue a strong legal notice followed by petition before consumer court for mandatory injunction and for huge compensation.

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icon Breaking LOCK IN PERIOD in Leave and lease Agreement

Can I break the lock in period its been 2 months and lock in is of 6 months, on account of No mobile network in the flat, which is causing me problems?


A. Dear Client,

Firstly you must look thoroughly into the leave and license agreement and take a step. Then check conditions where you can break the lock in period and take further step.

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icon Can a housing society demolish an individual's property

Can a housing society demolish an individual's property - a part of the flat one possess legally In our building the structural repair is undergoing but a portion of the 4th floor balcony has collaps


A. Dear client,
An individual has sole ownership rights over his property. No one including a housing society can demolish an individual's property without his consent

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