Procedure to cancel an under-construction booked residentail flat
Procedure to cancel an under-construction booked residentail flat
We have purchased a 3BHK flat in Vadodara which is still under construction. There is a long delay in the completion of the project. The builder and their staff members are continuously giving us date
3 months ago
A. Dear Sir,
Builders and Developers – How to Recovery Advance paid to them
INTRODUCTION:
The concept of advance payment or deposit is part of a contractual relationship between a buyer and a seller in transferring immovable property. However, it differs from security money, which generally indicates a buyer's interest in said property. It is considered part of a 'purchase money', the due amount of which is supposed to be paid on a future date, complying with the agreement signed between the part ...ReadMore
building construction issue
I have purchases new plot and I have stared building construction but One persons opposing to do construction work. He is telling in my plot he build one wastage pipe and he is telling why you removed
3 months ago
A. Dear Sir,
There will be so many persons obstructing like that to get some amount from you. Just get police help or get injunction order from the court.
Prepayment before home loan disbursement
Hi, I'm a salaried employee working in IT sector. Planning to buy a under construction new flat from builder valuation of around 28 lakhs. Upfront while booking i had to pay 20% as down-payment and pl
3 months ago
A. Dear Client,
Before buying a property through a home loan you need to review the status of title and encumbrance status of the under-construction property including the approved building plan, joint development agreement, POA and your CIBIL record based on which a Bank sanctioned home loan to the applicant and the terms and conditions of the draft Agreement to sale usually made out by the Builder protecting their interest. Both these steps are crucial before agreeing with the Builder, because y ...ReadMore
Regarding unregistered property
The plaintiffs went to court with exchange deed which was unregistered and not admissable in court.Their property is mortgaged and not told to the defendents.The lawyers are not forthcoming.The final
3 months ago
A. Dear client,
As an exchange deed must be registered to have legal validity, participants must pay stamp duty and fee at the time of the registration of the deed. Rates of stamp duty vary from state-to-state. Failure to disclose occurs when a home seller deliberately withholds or conceals material facts about the property from the buyer. A material fact in real estate refers to any information that could significantly impact the buyer's decision to purchase the property or affect its value. If t ...ReadMore
Dtcp approval with incorrect measurement
Person A purchased a plot from a DTCP approved layout with breadth as 20 feet and length as 50 feet in total 1000sqft. This is a DTCP approved layout. In the approval layout as well it is having the s
3 months ago
A. Dear Client,
Discrepancy in the measurement of land could jeopardize your position as the owner of the property. A Rectification Deed can be issued only on the following conditions: 1) If the mistakes made in the original document are 100% genuine. 2) The error made in the original document is unintentional. 3) The parties related to the original document have each other's mutual consent to execute the Rectification Deed. If either party has found an error in the sale deed, the buyer and the se ...ReadMore
Poor Construction Quality of Flat
I purchased a flat in Ahmedabad at ₹172000 + ₹20000 maintenance in 2022 and got possession in 2023. Now I found that there are several cracks on walls, and damps on walls. Also, I feel that poor q
4 months ago
A. I can offer some general guidance on what you might consider doing in such a situation. It's important to consult with a legal professional for advice tailored to your specific circumstances and jurisdiction.
Document the Issues:
Take clear photographs of the cracks, dampness, and any other issues.
Gather any documents related to the purchase, construction, and maintenance.
Contact the Builder/Developer:
Notify the builder/developer about the issues in writing.
Request them to inspect and rec ...ReadMore
How much it will cost to register RWA under 1959 act & transfer of legal rights?
Recently we were forming the RWA as promoter denined to register the RWA under 1959 co-op society, asking us to do our self, and he is interested to do transfer of deeds as per 1972 only. And also he
4 months ago
A. Dear Client,
To register the Residents' Welfare Association (RWA) under the 1959 Cooperative Society Act, you would typically need to follow a set procedure. Begin by preparing the necessary documents, including the application form, memorandum of association, and bye-laws. Consult with a legal professional to ensure compliance with the specific requirements outlined in the 1959 Act. The cost of registration can vary based on factors such as legal fees, stamp duty, and registration charges, so i ...ReadMore
Stamp Duty On Collector land from first buyer
Dear team, Our society registered in 2008 and got possession of land from collector in 2008/9. I got flat from society with allocation letter on society letter head, I have a approval from collector
4 months ago
A. Dear Client,
Firstly try negotiating with the buyer and SBI. Remember, legal and financial matters can be complex and vary based on local regulations. Seeking professional advice from a real estate lawyer and possibly a financial advisor can provide you with the best guidance for your specific circumstances. You can surely go to High Court to seek justice.
floor sanctioned issue
Hi, I am planning to book one property (flat)..however as per rera and approval layout plan only 5 floors sanctioned as of now for one of the wing. However builder is taking booking for 14th floors an
4 months ago
A. Dear Client,
Transferable Development Rights (TDR) is a zoning technique aimed at preserving plots of land with permanent conservation value, which does not contribute to the approval of additional floors in a building under construction. If the construction includes illegal floors or deviations exceeding 15% of the total sanctioned plan area, it may be denied an Occupancy Certificate, potentially rendering it illegal. Building bye-laws are subject to the regulations of each state and can vary b ...ReadMore
Property was sold by A to B on behalf of the minor without court order
Property was sold by A to B on behalf of the minor without court order in 2003(minor aged 12,15 and 17 as on 2003). B sold the property to C in 2021. Now C built flats and is selling to people. Is it
4 months ago
A. Dear Client,
Section 8(2) of the Hindu Minority and Guardianship Act, 1956 specifies that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or any other means without the Court's prior consent. Further, Section 8(3) specifies that if any natural guardian sells any immovable property in violation of paragraph (2) of Section 8, the transaction is voidable at the minor's discretion. However, the aforementioned minor can only contest such a sale during ...ReadMore
