New Crud

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2 Inheritance laws varies depending on the religion you follow. For Hindus, all heirs claim equally. The law is same for all moveable and immoveable properties and there is no distincition in the law for inheritance of an aprtment or a flat.
3 Once you have negotiated with the buyer on price, you could enter into an agreement for sale or sale deed depending on the terms of payment.
4 Stamp duty for some close blood relations is Rs.500/- in Maharashtra, otherwise its 2% of the market value of the property.
5 The terms of the lease deed would govern the rights in the struture standing on the land. Usually, there is a provision for renewal of the lease and the lease deed in most cases is for a considerable period of time, thus rights in the structure in most cases remains unaffected.
6 The law in Maharashtra under the Maharashtra Co-operative Socities Act, 1960 gives the Society a maximum period of 90 days for deciding the application for transfer of membership.
7 Stamp duty has to be paid on the document before registration, appointment is required to be sought with the office of the Sub-registrar and then the document is required to be lodged for registration. All parties executing the document have to attend the office of the Sub-Registrar to admit execution of the document, failing which the registration remains incomplete.
8 Either the Builder/Owner of the land conveys the property directly in favour of the Society by executing a Conveyance Deed or the Society can aproach the Competent authority for deemed conveyance under the amended provisions of the Maharashtra Ownership of Flats Act.
9 Stamp duty for some close blood relatives is Rs.500/- for rest it is 2% of the Agreement value. There would also be registration fees for the Gift Deed, which is 1% of the value of the property or Rs.30000/- whichever is less.
10 Society can charge a sum of Rs.25,000/- for transfer of membership, beyond that the same is not permissible .
11 Yes, there is an Order of the Bombay High Court restricting new developments in the city of Mumbai in view of the lack of facilties at the dumping grounds in the city qua the wastes generated from the city. The order however exempts development of slum and few other properties.
12 No, a property can be transferred by way of a sale to any third party and also by gift deed if the property is owned by the transferor himself and from his/her own funds, to any third party.
13 A document purporting to transfer etc., an immoveable property of value above Rs.100/- is required to be compulsorily registered, failing which such document is not admissible in evidence in any proceedings.
14 The process for buying of properties by an NRI is same as that for resident Indians. The procedure for foreign nationals is differnet and requires permission of the RBI.
15 The right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution on behalf of the NRI by the Attorney (Nominated person) under the Power of Attorney.
16 Since the agreement stands in the name of the sister, you would be required to prove that the father did not have any intention to have the flat belonging to the sister alone and thus, seek partion and/or other reliefs in respect of the flat from a civil court.
17 You would have to seek partition of the property from a civil court, if the property cannot be divided in metes and bounds, then it would have to be sold and the sale proceeds distributed accordingly. Alternatively, you could always transfer your share in the flat in favour of your wife by way of a Gift Deed.
18 If your father is alive and the plots are brought by him from his self earned income, your brother cannot stall the sale. Similarly, if the other plots standing in multiple names are also brought by those parties from their self earned income, then too, your brother cannot stall the sale. However, if the plots are ancestral property or brought from the funds of the Joint family property, then your brother would have a share in it, even though his name is not reflected in the deeds of the plot. However, in such case your brother would have to apporach the civil court to prove his share in the properties and cannot threaten the buyers.
19 If you have the relevant documents proving ownership of the land in the society and are also a member of the society, then the secretary or his grand son's notice is without merit and it would be for them to approach the court to prove that your ownership claim is false, you can defend such proceedings by producing your title deeds etc., to the land and no seperate proceedings are required to be filed by you.
20 If the property is held by the Husband jointly with the wife and if there are no other heirs of the husband except his widow post his death, then the widow alone becomes the sole owner of the property (depending on the religion the husband follows) and only consequential applications to the society/revenue authority etc., have to be made to bring the aforesaid facts on record. However, if there are other heirs, then they would have to transfer their shares in favour of the widow by way of registered document i.e. gift deed/release deed etc.
21 If there are no other heirs of the husband except his widow post his death, then the widow alone becomes the sole owner of the property (depending on the religion the husband follows) and consequential applications to the society/revenue authority etc., have to be made to bring the aforesaid facts on record. In some case, Letters of Administration would also be required from a Court of competent jurisdiction. Further, if there are other heirs, then they would have to transfer their shares in favour of the widow by way of registered document i.e. gift deed/release deed etc.
22 If your nephew forms part of the HUF, then you could devolve your share in the investments of the HUF unto and in favour of your nephew by way of a testamentary disposition i.e. Will.
23 The question is vague. However, a testator can change his will as many times as he wants and only the last will made by the testator will have any relevance.
24 Yes, as per the prevalent rules, PAN card number is required to be compulsorily mentioned and if one does not have a PAN card, then the relevant IT Form is to be executed whilst registering the document.
25 If the property is acquired from your self earned income, then you can obtain an injunction from a civil court restraining your father etc., from dealing with your property or your share therein. If the property is acquired by the father from his income, then you cannot prevent him from dealing with the same.
26 Depends on the terms of the lease deed, either you can hold on to the property or file a suit for recovery of the deposit
27 Depending on your religion, the share of your father in the property will belong to your mother and her two daughters equally (in case of Hindus) and if the same is to be trandferred in her sole name, then the two sisters will have to transfer their respective shares in the property to the mother by way of a registered document. If the mother expires, then the property comes to the share of the two sisters equally.
28 Question is vague and doesnt add up. The facts are contradictory.
29 Depends on who owns the property and from whose income was the same acquired. If it was acquired from the joint family income or by the brothers jointly, then the sale proceeds can be shared by all brothers equally.
30 Depends on the power granted under the GPA. However, lately GPA are recognised by authorities only if it is executed in favour of blood relatives and not third parties.
31 If the Power granted by you permits the father to transfer your share, then yes, he could transfer your share by virtue of the Power of Attorney.
32 Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property.
33 Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property. You could utilise the sale proceeds received from the Builder to acquire another residential property within a period of 1 year from the date of the sale to minimise and/or avoid capital gains payment.
34 Yes, you could initiate action against the Builder by filing complaints before the Municipal Corporation and/or Consumer Forum etc., for taking action against the Builder for flouting the sanctioned plans and making illegal gains.
35 Question is vague and doesnt add up.
36 VAT payable would depend on State laws and also it requires payment of penalty etc.
37 No, under the relavent Income tax and Stamp act provisions, stamp duty and income tax is assessed based on the market value of the property. However if the genuine market value is infact Rs.12 Lakhs, then you would have to file appeals challenging the assessment of the property at Rs.30Lakhs before the Stamp authorities first and if the transaction is infact concluded, also before the Income tax authorities if they continue to assess the property at Rs.30 Lakhs.
38 Yes, you could always gift your share in the property to your wife and son and it makes no difference if the wife is already a joint owner. The same can be done by executing and registering a gift deed in favour of the wife and son.
39 If you have gifted the property to avoid payment of any government dues including income tax and/or to avoid repaying of any dues owed by you to third parties, then the Gift Deed can be defeated on the grounds of Fraud and the property or your share in the property can be attached, despite the execution of the gift deed.
40 Non-registration of the Will is not fatal and the same is not compulsory in law. However, the Will is required to be proved and a Probate of the same will have to be obtained from a Court of competent jurisdiciton, before the bequest under the Will can be given effect to. If, the Will is not probated, then all siblings will have equal share in the grand fathers property and your permission will be required only to the extent of your share in the house, before the sale of such house.
41 Forest Land if held in a private ownership can be lawfully transferred, however development thereon would be impermissible till the time the same continues to be a Forest.
42 If the property is acquired by your Father in Law from his own self earned income, then he is free to transfer the same to your husband and there is no bar for him to do such thing and the factum of the mother in law being alive would make no difference.
43 Depending on the religion of the owners, the property would come to the share of the husband and the two minor daughters (if they are hindus) and the Husband for self and as father and natural guarding of his minor daughters can execute the sale deed in your favour and can also register the same. However, it would be better to cause the Husband to obtain Letters of adminsitration from a Court of competent jurisdiciton, before the sale deed is executed.
44 You can sell the property at any time, however the proceeds from such sale would again entail capital gains and the same would depend on the number of years for which you have had ownership of the property.
45 If the Will has bequeathed you the 200 yards property entirely and there is no bar on your constructing thereon and also, if the Will has been duly probated, then unless the terms of the Will say otherwise, you can develop the property bequeathed to you and the facutm of your father being care taker under the Will should make no difference.
46 If the Power of Attorney is registered, then you can apply for a certified copy of the same from the Sub-registrar of Assurances and can also make a offical police complaint to record the loss of the original POA. This alone can be your title document and no new document can be prepared based on the photocopy of the Original POA, unless the Grantor under the POA agrees to execute a fresh POA in your favour.
47 A will can be in any form and the letter executed by your father will have to be proved in a court of competent jursdiction whilst seeking Probate of the same.
48 Unless the Flat held by your neighbour can be legally segregated from his flat and also subject to the building plans for such flat being duly amended in the records of the competent authorities, the sale of only part of the Flat of your neighbour in your favour, would be defective .
49 You would have to prove that the terms of your original rental agreement has been continued orally by the parties and has not been changed and accordingly, you can seek refund of the entire security deposit based on the terms contained in your rental agreement or file a suit to recover such deposit from the Owner on termination or expiry of the rental/lease/license period.
50 Yes, you will have to execute a fresh agreement for the share held by your brother as any transaction for immoveable property having value above Rs.100/- is required to be registered.
51 One son cannot demand more share in the property merely because he is the elder son. The law does not grant any additional rights in property to the elder son and in the case of intestate succession to property, all sons will have equal share in the property.
52 You can transfer the house in favour of the sister by way of a Gift Deed.
53 You will have to file a suit to prove that the entire amount for puchase of the Flat has been paid by you and that the name of the husband was added in the Sale Deed for convenience only. Also, the provisions of the Income Tax act provide for ownership of a property in proportion to the amount paid for acquiring the same.
54 You can file for specific perfomance of the Agreement of Sale i.e. Sale Deed. You can approach a Civil Court and seek directions against the owner to execute necessary documents for completing the transfer of the Flat in your favour.
55 You will have to file a suit for partition of the property and in the same suit, you will have to ask for your undivided share in the estate. You dead brother's heirs will also be entitled to his un-divided share in the property. You will also have to seek cancellation of the relinqusihment deed signed by you in favour of your brother.
56 Depnding on the religion you follow, if you are Hindu and if your parents are not alive, then you and your sister will be the only heirs of your deceased brother and will have equal share in his estate.
57 Depnding on the religion you follow, if you are Hindu, then you, your sister and mother will all be entitled to the estate of your deceased father and will have equal shares in his estate.
58 Your claim to the proeprty would be barred by Limitation if you were aware of the existence of the property documents all along and as such, the documents to the property will be of no help.
59 You can get the flat transferred to your name by asking your brother to sign a release deed in your favour. In Maharashtra, a Release Deed executed without consideration, is required to be stamped for Rs.200/- only. The Release Deed will however have to be registered.
60 Stamp duty @ 2% of market value of the property is applicable in most cases pertaining to a Gift Deed, however in case of some close blood relatives, the same has been amended to Rs.500/- only.
61 You can file a suit for partition of the ancestral property in a Civil Court, if the property cannot be divided by metes and bounds, then the same can be sold and the proceeds of such sale can be distributed between all the parties in proportion to their respective shares in the ancestral property.
62 The question is vague, if you have the title documents and do not have physical possession of the property and the same is with someone else, then you will have to file a civil suit for possession of the property on the basis of your title documents.
63 If the proeprty is self acquired, then your friend would be entitled to bequeath his property through the Will. However, if the daughters are minor, then they can seek maintenance out of the estate left behind by your friend.
64 All children of your Ganrd father would have equal share in his estate. On death of any of the children and if there are no heirs of such children, then his /her share in the property would also devolve on his/her remaining brothers and sisters and/or their respective heirs.
65 If the share of the parties in the flat has been divided between them, by your father by way of some document, then your uncle cannot claim 50% in the property after 25 years from the date of execution of such document and his claim would be barred by limitation itself.
66 It would have no difference on your title to the properties as you would be entitled to retain the same being a Person of Indian Origin and also since you acquired the same when you were Indian citizen.
67 What is the affidavit for? Your father and Uncle (if they are the only heirs of your grandfather) would be entitled to suceed to the Flat as owners thereof and the tenant would have to pay the rent to them now.
68 If the Villa forms part of the land Owner's share, then a Tri-partite agreement bettween the land Owner, the Builder and yourself can be executed, where the builder confirms tha the Villa forms part of the land owners share and further, the land owner agrees to sell the same to you. If the tile of the land Owner is clear and the JDA is properly executed and registered, then the risk would only be if the builder does not complete the project for some reason.
69 Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in USA and the same can then be forwarded to Hyderabad for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale. The buyer would get good title if the transaction is concluded by your mother on your behalf as aforesaid and the same is recognised in law.
70 If you are Hindus, then your sister would have equal share in the ancestral property and you are not entitled to dispute the same. The fact that your sister is married is of no consequence in law anymore.
71 Proper due diligence through an Advocate and further assistance of an Advocate should be sought in connection with any transaction for sale of any immoveable property.
72 Yes, you can give a POA to your mother to conclude the sale on your behalf. The POA can be executed by you before the Indian Embassy in Tanzania or closest to you and the same can then be forwarded to India for adjudication and payment of stamp duty and thereupon your mother can utilise the same for concluding the sale.
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74 A POA typed on plain paper will do, however the same would have to be adjudicated once it is recieved in India and then stamp duty thereon will have to be paid, before the POA can be recognized.
75 Your children will have share only in property held by you and not in the property held by your ex-wife. The property of your ex-wife will devolve on her heirs depending on the religion she follows. However, there is chance that if there are absolutely no other heirs of the ex-wife, then the property could come to the share of the children of her husband (if the husband dies after the ex-wife and that also intestate).
76 You would have to give indemnities to the Buyer for the loss of the original documents and the Bank granting the loan to the Buyer would have to be satisfied with such indemnities and should also be satisfied that the loss of such documents does not affect your title to the house.
77 You can buy it in the name of any of your children. The same is at your discretion.
78 You can exchange the ownership to the Flats by executing an Exchange Deed and all parties holding the two properties would have to be agreeable to such exchange. If the properties are of equal value, then no other consideration would have to be paid in connection for such exchange, however if one property is valuable than the other, then the exchange deed should record that additional consideration for the valuable property has been paid to the owner thereof for executing the exchange deed.
79 A suit for partition of the estate of your father can be filed in a Civil Court of competent jurisdiction and in such suit, you can also for your share in the estate of your late father.
80 The question is vague and doesnt add up.
81 A will can be executed in any form, however the intention of the testator should be clear and it would help, if the same is attested by some witnesses.
82 If your father's sister refuses to sign the trasnfer deed in favour of your mother, then you would have to file a suit claiming title to the proeprty on the ground that your father had alone paid for it and the name of your grand mother was added in the title deed merely for name sake.
83 Nomination does not bestow ownership to property. Ownership to title of the property would be governed by the law of instestate succession depending on your religion.
84 Yes, it wouldnt make much difference. All sons of the party in question could claim ownership on the basis of the terms of the Will. It would however depend on the terms contained in the Will and further, the Will will have to be probated from a Court of competent jurisdiction.
85 The Plaintiff in the Partition suit will have to bear the expenses for publication etc., however you could be considered as costs of the suit at the time of passing final decree in such suit. There is no other manner to settle this, other than by mutual agreement. The civil suit for partition is the right way forward.
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87 Yes, you can partition the property as the same has already been transferred to your name fully.
88 The law of succession to property would depend on your religion and the same would be governed by the concerned law of intestate succession. In the case of Hindus, the children of the sister will continue to have a share in the property even after her death.
89 Nomination does not give title to property. You can seek Letters of Adminstration from a Court of competent jurisdiction and then by consent of all heirs, transfer the proeprty to the name of your mother. However, if you father's brother is agreeable, then in some case the properties are also transferred by the Society/Authroties etc., on the basis of affidavits and Indemnities of the original owner.
90 If the terms of your sale were documented when you struck the deal, then you can terminate the agreement that you had with the buyer on the basis of such terms and in case the terms are oral, then you could issue a notice to the buyer termianting the deal and forwarding the cheque towards the amount that had been paid by him to you.
91 Any document to an immoveable property, has to be by way of a registered document only. The same however does not per-se take away title to the property, but the same does make the title of the owner defective if his sale deed is unregistered.
92 The other heirs can claim the property to the exclusion of the disowned son, however if the son who has been disowned seeks his share in the property, then the issue will have to be decided in a civil suit only between all the heirs claiming rights in the property of the father.
93 You could leave a will bequathing all your other assets to your current wife and children or you could gift it to them during your lifetime itself.
94 Yes, you are right. However, if the father is a Hindu and at the time of his death, if his mother is alive, then she would also have a share in the estate of her such son and accordingly, the father's share in the property would devolve on the mother, wife and the children of such deceased man.
95 if the property is acquired in the name of the partenrship firm, then the rights of the partners to such property would be governed by the terms of the partnership deed. As such, your partnership deed with your friend should spell out the respective shares of the partners in all assets of the firm etc.,
96 You could execute a Release Deed alongwith all other heirs transferring the property to the name of your mother. The Release Deed will have to be registered.
97 Gift deed between blood relatives is permissible. Stamp duty on a Gift Deed between brother to brother would be 2% of the market value of the property and further 1% or Rs.30,000 whichever is lower as registration fees. The fees of the Advocate would depend from Advocate to Advocate and the other charges of the Sub-registrar would include scanning fees, etc., which will depend on the number of pages of the document.
98 Yes, there is nothing wrong in acquiring property in such manner. However it would eventually depend on facts of each case i.e. who is paying for the flat, what is to happen of the flat post the death of the parties in whose favour it is to be bought etc.
99 No, POA does not permit you to be a member of the society and neither can you act as a committee on the basis of such POA.
100 Nomination does not bestow title to property. After the demise of your wife, you and your daguhter become the joint owners of her share in the property (if there are no other children/heirs). You can obtain a General POA from your daughter for sale of the property. The POA can be executed by your daughter abroad before the Indian embassy and then forward the same to India for adjudication and payment of stamp duty. A POA executed in aforesaid manner will not be required to be registered.
101 Yes, a suit for recovery of possesion of the Shop can be filed by your cousins, however any such suit would be subject to the law of limitation and would also depend on facts of each case.
102 No, the title of Kiran is itself incomplete and thus, any transaction by Ram in favour of his wife would be of no consequence and would not pass any title to his wife.
103 Demarcation or Survey of land would depend on laws of each state and varies from state to state. The same would be governed by the land code of each state, in Maharashtra, the same is governed by the Maharashtra Land Revenue Code. The authorities would have power only to carry out survey and/or demaraction of lands and would not have the power to hand over possession of such demarcated land, unless there is some Order of some court directing them to do the same. Posession of land can be acquired only by filing a Suit in a court of competent civil jursidiction.
104 You can file a civil suit in a court of Competent jurisdiction on the basis of your title or on the basis of adverse possession.
105 If the property of your grandfather was his self acquired property then you would have no right to challenge the trasnfer of the property by your grandfather to one of his daughters only, however, if the property is ancestral property them you would be entitled to file a suit challenging the transfer and seeking your share in such property.
106 If the property belonging to your mother is herself acquired property then you cannot restrain her from dealing with such property. however, if the property has been acquired from the funds of your father and/or from joint family funds then in that case your father and/or you and the other members of the family can seek injunction against your mother by filing a civil suit in that regard.
107 You can file a suit on the basis of adverse possession before a court of competent civil jurisdiction and seek ownership of the property on the basis of you being in exclusive possesion of the property for over 12 years.
108 As per the latest judgments of the Hon'ble Supreme Court, Open car parking spaces cannot be sold and forms part of the common area of the property. As such, you will not be able to transfer the parking spaces between your two flats without the consent of the society and/or organisation of flat purchaser.
109 The fees and charges in connection with the club house would depend on the terms of the Agreement executed by you with the Developer when you purchased the flat. If, the Agreement provides that payment of charges towards the club house are compulsory and if you have agreed to the same then you would be required to pay such charges irrespective of whether you used the clubhouse facility or not.
110 Unless the land is transferred to your name and/or the name of organisation of partner owners, the receipts issued by the local municpality in the name of the Developer and yourself is perfectly legal.
111 Once the Gift Deed is registered and if the flat in question was acquired by your father from his self earned, income, then your sibblings would not be entitled to claim any share in the property.
112 Your father's brother can file a suit on the grounds of adverse possssion and claim title to the property.
113 As per the provisions of the Income Tax Act the right in property would be dependent on who actually has made payment for the same. In this case, since the payment has been made by Raj, however, the Agreeement stands in the name of Raj's father unless Raj files a suit for ownership of the property in his exclusive name or gets the property transferred in his exclusive name, Raj's brother can demand share in the property after the death of their father and subject to their father dying intestate. However, as mentioned above Raj would be entitled to take the defence that the entire amount for the purchase of the property has been paid by him.
114 She can apply for letters of administration from a court of competent civil juisdiction and thereafter seek transfer of the house in her name from the competent authorities. .
115 The grandson can no longer claim any interet in the property if the subsequent purchasers of the property have acquired the same bonafide. The grandson however claims his share in the consideration amount recieved by the father on sale of the property. All this is subect to the Will in question having been duly probtated.
116 You can file a partition suit in connection with the share held by your father in the property in question and such suit can be filed in a court within whose jurisiction the property is located.
117 The Will is not requried to be registered however, unless the Will is probated bequest under the Will cannot given effect to. However, if you and your mother are the only legal heirs of your father, then you could appy for letters of admnistration and thereafter seek transfer of the property to your and your mother's name.
118 If the property is under construction then depending on the terms of the Agreement between you and the developer, you may execute a Sale Deed for such proportionate of your undivided interest in the house unto and in favour of your friend.
119 You will be entiteld to withdraw the monies lying in the fixed dpeosit of your father on the basis of the nomination made by him, however, if your father has died intestate then all his legal heirs will be entiteld to claim thier respective shares in the estate of the father which would include the fixed depsoits made by him.
120 Subletting of the premises in MHADA would depend on weather you are a tenant of MHADA or hold the premsies on ownership basis. If the premsies held on tenancy basis, then you will not be entitled to sublet the same without written consent of MHADA.
121 The order passed by the Delhi High Court would not apply to properties located in Bangalore, unless similar orders are passed by the Kartanaka High Court or the Supreme Court for properties located in Bangalore.
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123 At the time of distribution of the properties, the rented properties can also be taken into account subject to the same being tenanted properties and not properties rented by way of leave and license agreement.
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126 The question is vague and incomplete.
127 You can file a suit for claiming right of way to your property and also claim easamentary rights qua the right of way. You would have to say that we having been using the right of way all along.
128 Wealth tax would depend on your total asset value and merely because land has been trasnferred to you by your mother, the same would not invite wealth tax.
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130 You can complaint to the Registrar of Co-operative Societies for the failure of your society's managing committee to conduct EGM of 1/4th of the total number of members of your society and can make a requisition in writing to the societies managing commitee to call for such EGM, failing which the members themselves shall be entitled to call for such meeting.
131 Ready flat would be expensive compared to a underconstruction flat.
132 You will have to conduct a thorouh due diligence of the title of the developer and thereafter apply for loan from any bank offering the best rate of interest for such transaction.
133 If the consideration amount under your agreement with the builder has not been fully paid, then you would require an NOC from the Developer before selling the flat.
134 Each state has different development control rules and as such the conversion of agrictural land to commercial/ industrial user would depend on such State laws. At time such laws are relevant as in sum cases agricultural lands are not being used for agricultural purposes for several reasons.
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136 You can file a suit alongwith the other purchasers of the premises in the buildng for conveyance of the property or apply to the Competent Authority under the amended provisions of the Mahashtra Ownership of Flats Act for deemed conveyance of the property. In so far the demand of VAT made by the developer, the same appears to be time barred and in any event would depend on the terms of your Agreement.
137 Yes, the PIO can sell the property acquired by him to a resident Indian. However, the repatriation of funds received from such sale to any place out of India would depend on the relevant rules and regulations in connection therewith.
138 If, the flats are sold on ownerhsip basis, then the conveyance cannot be delayed at all and in fact under the provisions of the real estate and regulation act, the conveyance has to be effected immediately once more than 50% of the total units in the building has been sold and such purchasers have made the full payment of the consdieration amount.
139 The registration and sale of the property by your brother on the basis of the Power of Attorney executed by you is merely as an agent on your behalf and as such there is no requirement of you changing any documents in connection with the apartment acquired by you through your brother and on the basis of the Power of Attorney executed by you in favour of your brother.
140 You will have to file a Civil Suit in a court of Competent Jurisdiction to claim title to your share in the property in question and in such suit you will have to produce documents to show that your father has paid his share at the time of acquiring the property in question.
141 Adverse possession cannot be claim if the owner has permitted you to use the immovable property under any agreement and/or license etc. or if the owenr has taken steps against you for illegal occupation of the property within a period of 12 years from the date of your such occupation.
142 Registration is required to be done within a period of 4 months from the date of execution of the Agreement. There is also a provision for further period of 4 months for registration subjet to payment of penalty.
143 You can transfer the property from your name to the name of the HUF by executing a transfer deed to that effect.
144 Since your uncle is no longer alive, the legal heirs of your uncle will have to execute a tranfer deed / conveyance of the property in favour of your father and such document will have to be registered with the Sub-Registrar of Assurances.
145 Any document purporting to immoable property above Rs. 100/- is required to be compulsorily registered in accordance with the provisions of the Registration Act, 1908.
146 Under the provisions of RERA, the builder would now be requied to upload the title certificate of the property on the RERA website and you can have the same verified by engaging an Advocate for such purpose.
147 Under the provisions of the Maharashtra Rent Control Act, 1999, a sepcial authority has been constituted to deal with the cases relating to disputes between a licensor and licensee in respect of residential properties with a mandate to decide such cases within a period of 6 months.
148 Service Tax would be 1% of the Agreement value and particularly since the building / flat was not fully constructed as on July 2010.
149 Unless the Will is probated no rights flow from the same and as such unless you or your father have applied for probate of such Will, you would not be entitled to any benefits under the Will executed by the elder brother of your father. However, even if the Will is not probated, you would still have a share in the property in view of your father being one of the legal heirs of his elder brother and as such you can file a suit to challenge the transfer of the property in favour of the Gurudwara and seek your share therein.
150 If you have paid the stamp duty prevelent in the year 2010 at the time of execution of the Agreement, then you would not be required to pay any additional stamp duty merely because the document has remained to be registered.
151 If you have paid the full stamp duty in the year 2010 alongwith the applicable penalty , then you would not be required to pay any additional stamp duty merely beause the document has remained to be registered.
152 There is no bar on receiving money from your daughter under a Gift Deed.
153
154 You would have to pay service tax on the value of the flat as mentioned in your agreement. However, the same would also depend on the terms relating to payment of service tax and as contained in the Agreement.
155 If the terms of your shared ownership of the property record that the entire first floor premises belongs to you then you would not be required to share the rental proceeds with the other co-owners.
156 Question is vague and incomplete.
157 The fact that the entire payment for the flat is going to be made by you and also since the EMI is going to be paid by you from your salary, you alone would be entitled to claim the benefit of the payment of interest in your income tax returns and more so since the income of husband and wife are clubbed by the income tax authorities in most cases.
158 Yes, start of construction could very well include excavation of the land.
159 A Power of Attorney if lawfully executed and registered as required under law and registered can be lawfully used for transfer of the property and any such transfer on the basis of such Power of Attorney would give good title to the purchaser.
160 You can investigate the title of the developer and also ascertain his reputation vis-a-vis his past constructions. Further under provisions of the RERA the builder would now be required to put up all such details on the RERA Website. The provisions of RERA now protect flat buyers in under construction buildings to a large extent.
161 Financial circumstances of the legal heirs is of no relevance while distributing the assets of the father if he dies intestate.
162
163 Your aunt can execute a power of attorney before the Indian Embasy in the country where she resides and thereafter forward such power of attorney to your mother and who in turn can then have such POA adjudicated and pay stamp duty thereon and further have the same notarise before a notary public.
164 The non-registration of the rental agreement does not render the Agreement as invalid, however, in the event of a litigation, the non-registration of the agreement could effect the admisibility of the same in evidence.
165 The repatriation of funds realised from sale of property in India to Canada would depend on the relevant provisions relating to regulation of foreign exchange and would also require permission from the Reserve Bank of India.
166 You have to ensure that the developer has a good reputation in market and has delivered on his past commitment and further the terms and conditions agreed between and the developer should be expessly set out in the Agreement executed by you with the developers and should also provide for consequence for breach and/or default by the developer. You should engage the services of an Advocate for the aforesaid.
167 You can enter into a tripartite agreement with the developer inter alia in respect of the flat and which tripartite agreement could also be the sale deed which can be executed prior to the completion of the construction of the property or in the alternative an agreement can be made between the husband and wife whereunder the husband transfers a proportionate undivided interest in the flat in favour of the wife and thereaftrer the sale deed can be executed by the devloper in the joint name of the huband and wife.
168 A power of attorney executed without consideration becomes redundant on the death of grantor and the flat would belong to the legal heirs of the party in the event of his/her having died intestate.
169 No, the Bank will not be entitled to stop registration of the release deed, however, the bank will be entitled to obtian a decree/ order against you in your capacity as guarantor for the loan in question and seek sale of your flat for repayment of the loan.
170
171 The flat can be trasnferred to your name by your sister by way of a gift deed and the same would attract 2% stamp duty as per the provisions of the Bombay Stamp Act and a further 1% charge towards registration fees or Rs. 30,000/- whichever is lower on that account.
172 The title of the land will remain with the heirs of your father however, the tenant thereon will remain a protected tenant and you will not be able to sell the property without the consent of such tenant.
173 You can file a suit or writ petition against BDA from interfering with your possession of the property and to restrain them from taking over the possession of the property without following due process of law or in the alternative you can file a suit on the basis of your title before the civil court in Bangalore.
174 Mutation entries are largely in respect of land and not flats unless the land beneath the flat has also been sold to the purchaser.
175 Question is vague.
176 30 days is the required time for giving such notice.
177 You can file a suit for seeking possession of the flat or in the alternative approach the authority under RERA seeking compensation for delay in handing over possesion of the flat and also for possesion of the same.
178 The landlord can file a suit against the tenant for failure to pay the monthly rent and the quantum of rent is of no significance.
179 Question is vague.
180 Avoid such transaction.
181
182 If the flat has been sold to someone before you vide a registered agreement then such person would have a prior claim on the flat then you and you would be entitled to claim refund and damages from the developer.
183 You should have the plan of the bungalow made to measure upto scale and have the same annexed to your Sale Deed to avoid any ambiguity as regards the area of land and bungalow sold to you.
184 Indian citizens are permitted to acquire property in Nepal. However, prior to such purchase it is better that you consult a local lawyer in Nepal for the same and investigate the title of the property there.
185 Nomination does not bestow title and as such the title to the property will be governed by the relevant laws of succession depending upon your religion. However, all legal heirs can together execute a family arrangement interse deciding to share the proceeds from the sale of the flat in such manner as they may deem fit.
186 If the total built-up construction on the property exceeds 20,000 sq. mtrs. then permission from the enviroment ministry would be required.
187 You would have to file a suit against the land owner and also join the society as a party to such suit and seek reliefs on the basis of your title to the land in question. In such suit, you can also ask for reliefs relating to possession of the land etc.
188 Question is vague.
189 If the family settlement records transfer of property from name of one person to another then the same would attract stamp duty. If the properties had been acquired from joint family funds then the stamp duty can be minimized on that account.
190 Question is vague. A co-parcener is a member of an HUF and a member is usually a conotation for being a member of a Co-operative society etc.
191 Registration was always a requirement even in 1986 and as such if the transaction relating to the plot has not been registered and if the owner is not co-operating for registration now, the only option is to file a suit before a competent civil court for declaration of title to the plot.
192 It would all depend on the terms of the agreement executed between you and the builder, however if you have agreed to revenue share in the development of the plot, then merely because the developer is building the adjoining plot also the same would not affect your share from the transaction.
193 A married daugther can seek partition of the HUF as the distinction for rights granted to married daughters has since been abolished from the year 2006.
194 Question is vague. However, your mother can surely buy a flat and gift the same to you. You will incur long term or short term captial gains tax in connection with the same when you sell it, depending on the number of years you have held the Flat.
195 Usually, the loan depends on the availibility of the person seeking such loan to repay the same. However, security of the land, the market trend is to give 60-70% of the land value as loan.
196 The real blood brothers of the person declared dead will be entitled to his share in the property.
197 No objection certificate inter alia certifying that the member selling the flat has no dues and that the society has no objection for the sale by such member.
198 There is no bar on buying multiple properties.
199 If you reinvest the sale proceeds within one year from the date of sale of your property in another residential property, then no capital gains will be attracted on the amount received by you on the sale of your house.
200 A person of Indian origin is entitled to hold property in India however, the repatriation of funds on sale of a property in India to abroad would depend on the relevant foreign exchange regulations in that regard.
201 A tenant having bonafide reasons for not occupying the tenanted premises can seek protection of the provisions of the Rent Act on that ground in any suit filed by the landlord on the grounf of non-occupation.
202 It will all depend on the title of the builder to the land in question. Nationalised Banks are usually very cautious while dispossing such loan. However, financial institutions are aggressive in that connection.
203 The property will devolve on all the legal heirs of your father in accordance with the laws of intested succession depending on the religion you follow.
204 You can file a suit in a civil court claiming ownershiop of the flat to the exclusion of your wife and seek appropriate declarations in that regard.
205 The present question is irrelevant in the light of appilcability of GST with effect from 1st July 2017.
206 If the terrace area is not a common terrace and has no entrance except from within the flat, then the society will not be entitled to put up any tower on the terrace area. You can file a suit against the society for restraining them from tresspassing into your property and also for removal of the tower.
207 Question is vague. You will not be entitled to deduct any amounts towards rent in your Income tax returns as the property will be used for your own residence. You can however pay interest to your mother towards the amounts invested by her whilst acquiring the flat.
208 It would depend on the value of the flat, loan against property can be availed from any bank and/or financial institution and which amount can be utilised to pay off the first loan.
209 Sale Deed through Power of Attorney lawfully executed in the manner recognised by law is not barred and the judgment of the Supreme Court is in fact on the different issue altogther.
210 The open car parking would belong to the society/ organisation of apartment owners in common and they alone will be entitled to decide as to who gets to use such open car parking space.
211 The question is vague as the year in which the transaction took place is not mentioned.
212
213 It would depend on the circular/ notification issued by the Delhi Government in connection with unauthorised colonies.
214 As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
215 Question is vague. As the same does not record from whom the flat has been acquired.
216 You can execute a power of attorney in favour of any of your family member to execute and register such gift deed. The power of attorney can be executed by you before the Indian Embassy in New Zeland and thereafter forwarded to India to pay stamp duty thereon post adjudication.
217 Question is vague.
218 A power of attorey executed before the Indian Embassy in USA in a manner recognised in law and forwarded to India and duly adjudicated and stamped can be lawfully used to transfer the flat.
219 An oral will has to be proved before a court of competent jurisdiction and a probate of the same will have to be obtained before the bequest under the Will is given effect to.
220 If the property is not partitioned prior to 2006 and is still in joint family name, then even the married daughters will have a claim in such property and any transaction in connection with the property will have to be done by all the legal heirs together.
221 Deductions qua interest are limited, if your payment towards interest is more than the stipulated limited permitted under the IT rules, then that much amount will be disallowed whilst computing your income and further, you will be charged notional rent as income from the second flat (on and from receipt of possession of the second flat), even if the same is not rented out then.
222 You can acquire such property only through your natural or legal guardian, as minors below age of 18 years are not competent to enter into a valid contract.
223 If your grand father and father have died intestate, then all legal heirs would have a share in the estate left by them and you will not be able to get the properties transferred in the name of your mother, without the signatures of all such legal heirs.
224 Till you father is alive, you and your mother will have no say in his share and he is free to deal with the same as he deems fit.
225 It would depend under which act is the association registered. Is it the co-operative societies act or the apartment ownership act. The provisions of such act would have to be read with the terms of the sale deed and anything contrary to the act, would negate the terms of the sale deed and could invite litigation.
226 You can complaint udner the provisions of the RERA and ask for damages/compensation for delay in handing over possession.
227 All legal heirs of the grandfather will be entitled to their shares in the property depending on the religion you follow, the share of the elder son who has expired will devolve on his heirs.
228 You can file a suit for partition in a court of competent civil jurisdiction and seek your share in the family property.
229 Depends on the terms of the Franchise Agreement. Usually, the same is done by giving written notice to the other side.
230 You could gift the Flat to your daughter, if your two sons agree and can join them as confirming parties in such gift deed. However, if they object for such gifting of the flat in view of their having paid monies to you for acquiring the flat, then it will depend on whether such monies were given as loan or whether the same were paid to the seller at the time of acquiring such flat.
231
232 You can file a suit before a civil court to recover possesion of the land.
233 Depending on the religion the sellers follow, they would have to apply for leave from a court of competent jurusiction, before the minor's share in the proeprty can be sold to you. If such leave is obtained, then there is no harm in acquiring the minor's share in the property.
234 The Service Tax amount and VAT would depend on the market value of the flat/ agreement value and similarly the stamp duty would also depend on the ready reckoner value of the flat at the time of such purchase or the agreement value whichever is higher. Registration Fees is 1% of market value of flat or Rs.30,000/- whichever is lower.
235 Undivided interest in the property can be gifted, subject however that the same is not a residential house and is not given to a person who is not a family member.
236 No harm in buying property in the manner suggested by you. There would not be captial tax implications if the property you intend to be is residential property and if all gains from selling of the earlier property are invested in buying of the new residential property .
237 No, the status of the property does not change merely because you plan to go abroad for few years.
238 Question is vague, registration would not have happened if stamp duty was unpaid on the document in question.
239 Question is vague, if Y is residing in the proeprty on tenancy basis, then he cannot claim ownership, however if he is residing there as owner and X has not done anything about the same, then Y can file a suit to be declared owner, by way of being in adverse possession.
240
241 Since there is balance amount to be paid under the agreement with the Builder, the NOC from the Builder will be required for concluding the sale. However, the Builder cannot demand the balance 20% amount if it is not due, merely because the buyer desires to sell the flat.
242 Yes, you can challenge the gift deed and also file a suit for partition to claim your share in the property and if the Gift Deed affects your share in the ancestral property.
243 Your sister would have to consent to the transfer of the property in your name and you can seek letters of adminsitration form a court of competent civil jurisdiction to permit you to administer the property and thereafter to transfer the same to your name with the consent of your sister.
244 Question is vague and would depend on when you brought the property and what is the capital gains that you have made from sale of such property.
245 Question is vague and doesnt add up.
246 You will require an NOC ffrom the bank prior to buying such property. You can make payment of the balance dues of the bank from the agreed value of the flat to the Bank directly and thereupon you can also get the originals of the flat from the bank. The original documents of the Flat will not be required at the time of registration of your agreement/sale deed.
247 Occupation Certificate is given to the Building and that means that the building is constructed in accordance with the approved plans and is habitable to reside with all essential amentities i.e. water, lift etc.,
248 Yes a Will can be revoked by making a furhter Will or merely reevoking the earlier Will vide a writing etc.,
249 Your mother in law can gift the same to your wife by way of a Gift Deed which will attract minimum stamp duty.
250 Yes, if you are an Indian National, then you could execute such Power of Attorney before the Indian Emabassy and forward the same here for adjudication and payment of stamp duty.
251 Yes, its a good industry with good returns.
252 Depends on the gains made by her on the sale of the earlier property qua the price at whihc she broguht the same originally and also whether such gains has been fully invested within 1 year of the sale of her property.
253 There are two tax slabs, short term gains and long term gains i.e. 20% and 10% respectively.
254 She can seek Letters of Adminsitration from a court of competent civil jurisdicition, if her father has died intestate i.e. without leaving any Will.
255
256 Unless, the building plans are amended in accordance with your requirement, you will not be entitled to make such changes as the same would violate the sanctioned building plans.
257 Question is vague, as it does not say whether you or your father desires to sell the plot. It would infact depend on when you got the property from your father.
258 The property would devolve on the children of your father in view of your mother having remarried.
259 Yes, of the two deceased sisters had a share in the property, then their heirs would also be entitled to their share therein.
260 As per the law laid down by the Supreme Court, on change of a developer in view of termination of the development rights granted to the old developer, the purchasers from such old developer would not have any claims in respect of the flats against the Society and the New Developer. You can however claim refund of monies with interest from the Old Developer. The above would however be subject to the facts of each case
261 The brothers of your mother would not have any share in the estate of your mother.
262 Yes you can make modifications with full responsibility and permissions as prescribed by building department of MCGM. Moreover most of the societies have their own dos and don'ts ,duly passed by the general body, over above statutory approvals. Strictly modifications can not to be done to any load bearing structural member of the building including all RCC works. During internal modifications, removing and redoing of waterproofing work of toilets, Kitchens, dry balconies , etc. are most important . Also methodology of removing existing masonry and making new ones must be executed using all good construction practices. It is recommended to use light weight concrete blocks or use of dry walls and partitions.Notwithstanding , there is yet another concern - the occupants just below your apartment or office is likely to be most affected.... so have a good rapport with your neighbours!
263 I suppose the query is mainly for bathrooms. Its is a myth that wooden door frames gets decayed because of constant water spilling in the bathroom. To start with bathroom planning , specially shower placement should be such that no drop of water spills outside the shower area. Secondly it is perceived that granite or any stone does not require maintenance like paint, polish, etc. However, with proper workmanship wooden frames also lasts long... look at our old houses - wooden doors and windows are still working for decades together! Therefore my personal choice would always be wooden frames for bathrooms and kitchens.
264 Formica is the name of the manufacturer who pioneered and popularised artificial laminate sheets. (like Dunlop is commonly used for foam rubber) Yes, there're inherent differences. Veneer is produced out of natural timber, therefore may not be water resistant as much as laminates., while laminated sheets are mechanically produced using paper as medium for its top surface for variety of colours, designs, patterns, textures, etc.
265 Carpet area can be well identified on plans whereas Superbuilt up is perceived based on many common areas of the building. Therefore, the efficiency ratio totally depends upon the planning requirement and its intricacies. However, it's a mathematics which can be calculated after understanding of plans .
266 Generally it is 200/250 lux level for residential premises which can go up to 350/500 lux level for offices and so on...
267 Air condition tonnage theoretically depends upon the orientation and sunlight penetration of the room. However, for a Livingroom of 500 soft and Bedroom of 150 soft you may consider about 3.0 tons and 1.0 ton respectively. The cooling comfort also depends upon the efficiency of the air conditioner.
268 LEED is Leadership in Energy & Environment Design issued by IGBC based in Hyderabad. You may visit www.igbc.in for more information.
269 This a hypothetical question if not superficial. You must accept that we as Indians are 'green' from birth. No amount of recycling, reuse, optimisation , energy conservation ,etc. can be better in our country than any part of the world. At the same time your personal effort can barely impact environmental footprint but for the self satisfaction. We must push governments to impose policies for 'green ' measures to stringently follow in all their infrastructure projects, which are more than 80% of civil works in our country.
270 Yes, solar panels will certainly be cost effective in comparison to energy used from Power suppliers, because it uses natural resource of sunlight. (Similar to using of bore well water is economical than municipal supplied water.). However, as per present technology we need very large surfaces to mount solar panels facing direct sunlight.
271 Yes, it is possible to add another layer over grouted tile counters. Although it may vary from original look and feel of the tiles.
272 Generally these spots are noticed during monsoon because of high level of moisture and most likely spread thru ceiling fans. The simple solution is to keep blades of ceiling fans dry and dust free and keep windows open as much as possible for natural ventilation.
273 Colours are always very personal, therefore can not be generalised. However, white furniture can go very well with any pastel shade or simply white painted walls!
274 Keep windows covered with curtains or blinds especially during hot afternoons. A bamboo chick from outside of windows or leafy plants will also help in reducing heat directly on the glass panels.
275 This is a normal problem in hot and humid climate of coastal cities. The reason and solution is similar to query 34, where maximising ventilation will help in reducing condensation. You also must have observed this in AC cabins with large glass panes.
276

If it looks cluttered in spite of removing certain items, that means it's not adequately decluttered. You may keep bare essentials which actually works well functionally.

277 I admire your society has a strict no grill policy. For any full height window you essentially need protection for children, which can be achieved by simple railings up to about 36" to 42", made out of steel/ wood/aluminim/ glass depending upon overall decor and budget. A gap between railing and window of about 6" will also help in creating space for curtains and discourages children to lean over.
278 This happens primarily due to substandard workmanship. Sometimes this problem occurs even after few years. Generally surface of windows are smoother, therefore bonding with masonry gets gradually detached. There are many sealants and chemicals are now available in the market which can seal these gaps to prevent water seapage.
279

There is no particular list of items for child friendly house. However there are basic precautions such as sharp edges to table tops, especially glass tops, small split levels (where even grown ups missed the steps), loose and light curios, open shelves at lower height, electronic items and outlets , door locks and many such things which you feel child's movement is getting restricted. Also refer to this link for safety grills for French Windows

280 Use bare essentials as much as possible. Make use of light and loose furniture . Do not venture out modifications of electrical network and plumbing pipes unless if it's a must. Frankly it should be lived-in house so you don't have to decorate it with many added impediments.
281 Colours are always very personal, therefore can not be generalised. However, white furniture can go very well with any pastel shade or simply white painted walls!
282 ( Source : maharera.mahaonline.gov.in) In accordance with notifications issued by Urban Development Department of Government of Maharashtra, MR & TP Act is applicable to all the districts of Maharashtra. Hence, all areas of Maharashtra are included in Planning Area as defined in Section 2(zh) of the Act.
283 ( Source : maharera.mahaonline.gov.in) The Act covers all bodies (private and public) which develop real estate projects for sale to the general public. Section 2(zk) defines the term ‘promoter’ which includes both private and public real estate promoters. Thus, both Development Authorities and the Housing Boards, when involved in sale are covered under the Act.
284 ( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered
285 ( Source : maharera.mahaonline.gov.in) Yes. Every real estate project which has land area more than 500 sqmts or has more than 8 apartments needs to be registered
286 ( Source : maharera.mahaonline.gov.in) As per section 2(b), which defines ‘advertisement’, any medium adopted in soliciting for sale would be covered under the said definition, including sms and emails. Prospectus, which is intended for sale of apartment in real estate project, will also be covered.
287 ( Source : maharera.mahaonline.gov.in) No. The advertisement issued after 1st May 2017 must carry the MahaRERA Registration Number of the project.
288 ( Source : maharera.mahaonline.gov.in) As per section 2(d) an allottee includes a person who acquires the said ‘apartment / plot’ through transfer or sale, but does not include a person to whom such plot, apartment is given on rent. The Act doesn’t include rental projects, lease / leave and License deals.
289 ( Source : maharera.mahaonline.gov.in) The position of parking is as follows; a) Open Parking Area: This has been clearly included in the definition of Common Areas which need to be conveyed to the Association of Allottees after Occupancy Certificate is received. Hence, sale or allotment of Open Parking Areas by the Promoter is not permissible b) Covered Parking as defined in the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 is permitted to be sold. c) Garage as defined in the Act is permitted to be sold.
290 ( Source : maharera.mahaonline.gov.in) Section 18 of the Act provides for provisions as regards various situations in which the allottee would be compensated by the promoter due to delay in completion of the project etc.
291 ( Source : maharera.mahaonline.gov.in) An aggrieved person can only approach one of the two forums for redressal of his grievance.
292 ( Source : maharera.mahaonline.gov.in) Yes. It has been detailed in the MahaRERA Order available on the MahaRERA website.
293 ( Source : maharera.mahaonline.gov.in) Yes, the layout of the real estate project has to be approved. However, the promoter may include some buildings in his application of registration where apartments are proposed and the Building approvals are pending. Building Approval for the apartment must be obtained before the agreement for sale is signed between the promoter and buyer, regarding the said apartment.
294 ( Source : maharera.mahaonline.gov.in) If any promoter fails to register as per Act, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project. On continued violation, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent of the estimated cost of the real estate project, or with both.
295 ( Source : maharera.mahaonline.gov.in) The MahaRERA website would display all the registered projects. It is mandatory that the advertisement for marketing of apartments in the real estate project must carry the MahaRERA registration number.
296 ( Source : maharera.mahaonline.gov.in) Real estate agents have to get registered with MahaRERA either as an individual or as "other than individual". Promoters while applying for registration of any real estate project will have to indicate the names of registered real estate agents who will be working as agents in the said project. Names of such agents will be displayed along with other project specifications on the MahaRERA website, upon registration of the project.
297 ( Source : maharera.mahaonline.gov.in) If any real estate agent fails to register and contravenes the provisions of section 9 or section 10 of the Act, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five percent of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by MahaRERA.
298 ( Source : maharera.mahaonline.gov.in) Yes, in accordance with the provisions of the Act, the promoter, while applying for registration to MahaRERA, has to give a declaration, supported by an affidavit, indicating the time period within which he undertakes to complete the project or phase thereof, as the case may be.
299 ( Source : maharera.mahaonline.gov.in) MahaRERA will take action in accordance with section 8 of the Act.
300 ( Source : maharera.mahaonline.gov.in) Yes. In accordance with the model form of agreement, if the Promoter fails to abide by the time schedule for completing the project and handing over the [Apartment/Plot] to the Allottee, the Promoter agrees to pay to the Allottee, who does not intend to withdraw from the project, interest as specified in the Rule, on all the amounts paid by the Allottee, for every month of delay, till the handing over of the possession.
301 ( Source : maharera.mahaonline.gov.in) The interest payment is in accordance with the model form of agreement and hence should be automatically paid. The buyer may have to file a complaint to MahaRERA if there is a grievance.
302 ( Source : maharera.mahaonline.gov.in) In accordance with the model form of agreement, the Allottee has to pay to the Promoter, a rate of interest equal to the State Bank of India highest Marginal Cost of Lending Rate plus two percent, on all the amounts which become due and payable by the Allottee to the Promoter under the terms of the Agreement from the date the said amount is payable by the allottee(s) to the Promoter.
303 ( Source : maharera.mahaonline.gov.in) Yes. An aggrieved person having any interest in the registered real estate project can file complaint.
304 ( Source : maharera.mahaonline.gov.in) The procedure to be followed by MahaRERA while adjudicating a complaint is detailed in section 36 of the Act read with Rule 6(2) of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017.
305 ( Source : maharera.mahaonline.gov.in) The aggrieved person can file an application online as per format provided by MahaRERA website.
306 ( Source : maharera.mahaonline.gov.in) An aggrieved person may file a complaint with MahaRERA for any violation or contravention of the provisions of the Act or the Rules or Regulations made there under.
307 ( Source : maharera.mahaonline.gov.in) As per Regulation 24 of Maharashtra Real Estate Regulatory Authority (General) Regulations 2017, for adjudication proceedings with respect to complaints filed, MahaRERA may, by order, direct that specific matters or issues be heard and decided by a single bench of either the Chairperson or any Member of the Authority.
308 ( Source : maharera.mahaonline.gov.in) No. However, geographical jurisdiction may be specified for Chairperson or members of MahaRERA.
309 ( Source : maharera.mahaonline.gov.in) Section 29 of the Act provides that complaints should be disposed off as expeditiously as possible but not later than sixty days from the date of filing the same. However, where it cannot be disposed of during the said period, the Real Estate Regulatory Authority is required to record its reasons for the same.
310 ( Source : maharera.mahaonline.gov.in) No. As per section 79 of the Act, civil courts are barred from entertaining disputes (suits or proceedings) in respect of matters which Real Estate Regulatory Authority or the adjudicating officer or the Appellate Tribunal is empowered under the Act to determine. However, the consumer forums (National, State or District) have not been barred from the ambit of the Act. Section 71 proviso permits the complainant to withdraw his complaint as regards matters under section 12, 14, 18 and section 19, from the consumer forum and file it with the adjudicating officer appointed under the Act.
311 ( Source : maharera.mahaonline.gov.in) Any person aggrieved by any direction or decision or order made by MahaRERA or by an adjudicating officer may file an appeal before the Appellate Tribunal within a period of sixty days, in accordance with Rule 9 of Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017.
312 ( Source : maharera.mahaonline.gov.in) Promoter has to enable formation of Legal Entity like Cooperative Society, Company, Association, Federation etc. within three months from the date on which fifty one per cent of the total number of Purchasers, in such a building or a wing, have booked their apartment.
313 ( Source : maharera.mahaonline.gov.in) Promoter shall execute a registered conveyance deed in favour of the allottee within three months from date of issue of occupancy certificate or fifty one per cent of the total number of Purchasers, in such a building or a wing, has paid the full consideration to the promoter, whichever is earlier.
314 You may use white or off white shade for walls, which are not only bright but gives spacious feel . May be a particular wall or panel could have bright colour like, yellow or peach. Accessories are always personal. So pick up which looks good to your eyes.
315 It's the details like architraves,mouldings,volumes, etc.makes it Victorian style.There is no particular colour for Victorian.
316 Curtains open horizontally while blinds are vertically. You may use either of curtains or blinds. If the window opening is large and wide than curtains are preferred. And if it's long narrow window , then blinds works well.
317 Any Matt or satin finish on aluminium or stainless steel sleek hardware looks contemporary and functionally works well.
318 Interior layout depends upon dimensions of room, windows placement , movements, etc. Prima facie it's good to have split level ( if there is no safety issue) because it defines spaces without any barriers.
319 There is no specific colour for media room. Console should be minimum to an extent of accommodating all electronic instruments and gadgets comfortably
321 irrespective of any shade on walls, pillows or throw cushions are always preferred in bright colours with textured or printed fabrics and may be of varying sizes.
322 Actually it's nice to have blank wall around TV. So that there is no distraction at the same time additional hangings around TV  may look wall cluttered.
323 A house always reflects the personalities of its occupants. Married or bachelor. So if you're bachelor, there is no specific guideline to do up the interiors.
324 Depending upon the size of TV and distance of sitting.However the height shall be between 36" to 45" at the centre of the TV from floor level.
325 Generally storage units in Kitchen are 18" deep and 13" deep for wall mounted units. Avoid major storage around cooking and washing area.
326 Open Kitchens should flow with rest of the decor around the Kitchen to get continuity. Wooden flooring can also be used, however one needs to maintain flooring. particularly near sink area.
327 Minimum 36" x 60" with shorter side abutting wall for free movement in a narrow space.
328 Generally 32" to 34" depending upon height of the user.
329 With wooden door shutters and frames, this is the problem in every monsoon due to heavy moisture in the air, especially in a climate like Mumbai. However with a good spell of sunlight and cross ventilation , the impact gets reduced.  Use of aluminium frame for the flush doors shall also reduce jamming.
332 Preferred to have switch boards at 36" level from flooring.However it can go upto 48” as per the user needs.
333 Generally 32" to 34" depending upon height of the user.
334 As per RERA "carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.
335 There are mixed views on the impact of RERA. While on one hand due to the increased accountability on part of the Promoters, it is expected that it will be safer for the buyers to select registered projects and buy after scrutinizing all available information on RERA website, on the other hand due to imposition of strict guidlnes vis-a-vis deposit and withdrawal of sales proceeds to and from designated bank accounts, it is expected that this will have adverse impact on cash-flows of the promoters which, in turn, will have its impact on the property prices for the buyers.
336 RERA now makes it mandatory for a developer/promoter to deposit 70% of the sale proceeds in a separate account from which he can withdraw as per progress of work. This will prevent the developer from diverting any funds elsewhere.
337 RERA stipulates that the area handed to a flat purchaser cannot vary more than 3% from the area mentioned in the agreement. In any case, flat purchaser can claim the difference in case he is given less area than promised in agreement
338 The Real Estate Act is intended to achieve the following objectives: ensure accountability towards allottees and protect their interest; infuse transparency, ensure fair-play and reduce frauds & delays; introduce professionalism and pan India standardization; establish symmetry of information between the promoter and allottee; imposing certain responsibilities on both promoter and allottees; establish regulatory oversight mechanism to enforce contracts; establish fast- track dispute resolution mechanism; promote good governance in the sector which in turn would create investor confidence.
339 Key features of the Act are to satisy the following : Ensuring Disclosures of Real Estate Projects by Promoters Real Estate Projects Registration Real Estate Agents Registration Complaints Redressal Provide recommendations to appropriate Government on matters relating to the development & promotion of real estate sector
340 Real estate project needs to be registered with RERA when the project receives IOD or the basic approvals to start construction along with commencement certficate
341 All under construction projects that have not received completion/occupancy certificate as applicable or shall not receive prior to July 31st, 2017 shall mandatory need to register with MahaRERA
342 The Real Estate Act is intended to achieve the following objectives: ensure accountability towards allottees and protect their interest; infuse transparency, ensure fair-play and reduce frauds & delays; introduce professionalism and pan India standardization; establish symmetry of information between the promoter and allottee; imposing certain responsibilities on both promoter and allottees; establish regulatory oversight mechanism to enforce contracts; establish fast- track dispute resolution mechanism; promote good governance in the sector which in turn would create investor confidence.
343 Key features of the Act are to satisy the following : Ensuring Disclosures of Real Estate Projects by Promoters Real Estate Projects Registration Real Estate Agents Registration Complaints Redressal Provide recommendations to appropriate Government on matters relating to the development & promotion of real estate sector
344 Real estate project needs to be registered with RERA when the project receives IOD or the basic approvals to start construction along with commencement certficate
345 All under construction projects that have not received completion/occupancy certificate as applicable or shall not receive prior to July 31st, 2017 shall mandatory need to register with MahaRERA
346 (a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases: Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act; (b) where the promoter has received completion/occupancy certificate for a real estate project prior to commencement of this Act; (c) for the purpose of renovation or repair or re-development which does not involve marketing, advertising selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project.
347 Every phase will need to be registered separetely with RERA
348 70% of the money received from sales needs to be deposited in an account, from which withdrawals are possible only when certificate from architect, engineer and Chartered accountant have been submitted
349 The original certificates of Architect, Accountant and Engineer have to be retained by the promoter because the same are required to be verified and audited by the statutory auditor of the promoter's company within 6 months of every financial year.
350 Application can currently be made online at https://maharerait.mahaonline.gov.in/
351 RERA must grant/reject an application within 30 days of submission of all required documents
352 RERA must grant/reject an application within 30 days of submission of all required documents
353 An application not given any verdict by RERA is deemed to have been accepted if there is no response from RERA in 30 days from date of filiing of all required documents
354 RERA registration is as per the date of completion entered by the developer for that particular phase/project registered with RERA, subject to acceptance by RERA authority
355 The registration granted under section 5 may be extended by the Authority on an application made by the promoter due to force majeure, in such form and on payment of such fee as may be specified by regulations made by the Authority: Provided that the Authority may in reasonable circumstances, without default on the part of the promoter, based on the facts of each case, and for reasons to be recorded in writing, extend the registration granted to a project for such time as it considers necessary, which shall, in aggregate, not exceed a period of one year: Provided further that no application for extension of registration shall be rejected unless the applicant has been given an opportunity of being heard in the matter.
356 The Authority may, on receipt of a complaint or suo motu in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that— (a) the promoter makes default in doing anything required by or under this Act or the rules or the regulations made thereunder; (b) the promoter violates any of the terms or conditions of the approval given by the competent authority; (c) the promoter is involved in any kind of unfair practice or irregularities.
357 Upon lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority: Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act: Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining work
358 The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent authority, as the case may be, and hand over the physical possession of the plot, apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining thereto within specified period as per sanctioned plans as provided under the local laws: Provided that, in the absence of any local law, conveyance deed in favour of the allottee or the association of the allottees or the competent authority, as the case may be, under this section shall be carried out by the promoter within three months from date of issue of occupancy certificate.
359 In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days,provided no changes have been made by the flat owner and/or any occupant and/or society that could have caused the defect to occur
360 We need more details to answer this question. Is the builder demading increased base cost or is it to cover new additional taxes that have been introduced by the government?
361 If the buyer has not adhered to the terms and conditions of the agreeement, he is deemed to be in default
362 An abandoned project having Commencement Certificate and not having Occupation/Completion Certificate is required to be registered under MAHA RERA or RERA. If the project is abandoned and the promoter does not apply for registration, in such case alottee/s can approach RERA authority. In case the project is abandoned prior to the stage of Commencement Certificate, it will not come under RERA as it can not get registered under RERA in absence of Commencement Certificate.
363 as per RERA with effect from 1st May, 2017
364 Any changes in layout which was not declared at the time of registration, shall require approval from two-third of the alottees
365 Society can only check whether the Developer's past or current projects were/are registered with RERA. RERA registrations are project specific not Developer specific.
366 Yes
367 All projects with NAINA approvals also are required to be registered under MAHA RERA
368 The rate of interest payable by the promoters to the allottees or by the allottees to the promoters, as the case may be, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent: Provided that in case the State Bank of India Marginal Cost of Lending Rate is not in use it would be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public.
369 Upon lapse of the registration or on revocation of the registration under this Act, the Authority, may consult the appropriate Government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the Authority: Provided that no direction, decision or order of the Authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this Act: Provided further that in case of revocation of registration of a project under this Act, the association of allottees shall have the first right of refusal for carrying out of the remaining development works.
370 Flat buyer can log on to MAHA RERA to check if the project is duly registered. Flat buyer can also demand from the Promoter the Project Registration No. under RERA and then verify from MAHA RERA website.
371 No, any one can be approached
372 MOFA is still active, even though Maha RERA is in force. In case of any inconsistency, Maha RERA shall prevail over MOFA
373 The Promoter shall submit the application in that behalf to the Registrar for registration of the Co-operative Housing Society under the Maharashtra Co-operative Societies Act, 1960 or a Company or any other legal entity, within three months from the date on which fifty one per cent of the total number of allottees in such a building or a wing, have booked their apartment.
374 It is a matter of personal choice of the buyers. A residential complex could offer more amenities, larger no of families to socialize, a set no of agencies to ensure daily housekeeping on a timely basis and even better security sometimes. On the other hand, a stand alone building has fewer members, hence decisions related to the society can be made faster, amenities are used by far fewer people and stress on the infrastructure is lower. Standalone buildings can be at prominent locations in the city as compared to large residential complexes that would normally be located at a distance.
375 PMC is normally hired by a society while undergoing redevelopment. PMC is normally an architect/engineer who is well conversant with the rules of the local authorities and can advise the society on matters such as FSI already consumed, plot potential and general practices in the market. They act as a bridge between the developers and the society to finalize the development agreement, oversee the actual process and ensure that development is complete as per mutually decided terms
376 Yes, you can demand the refund unless a written document exists between the two of you that has included a forfeiture clause within the same
377 It is all subject to the interest rate offered by any institution. However, some top names are ICICI, HDFC, SBI, Axis bank, Karnataka Bank, LIC Housing finance to name a few
378 This is subject to the terms of the agreement with the institution. Certain banks have a prepayment penalty that needs to be paid. However, if the loan period left is considerably high, it may be a good option to pay the balance amount because the interest payment can really pile up over a long period of time. However, you should also consider your individual tax implications/exemptions while doing so
379 Home loans can be generally availed between 7.5%-9% depending on the amount and the tenure of the loan. It generally varies from bank to bank though. SBI has the lowest interest rates in the country
380 Interest paid on a home loan can be taken as a tax deduction
381 Moratorium could be offered to a borrower, however it is subject to the papers and the relationship the borrower normally shares with the lending institution. There are multiple factors that decide the term of moratorium offered by a bank
382 APF stands for Advanced Processing Facility.Every project of a developer is expected to have a valid APF number or a code. The APF Number is provided by banks or housing finance companies (HFCs). The APF Number denotes that the project has received all necessary approvals, and that homebuyers can invest in the project without any fear about the credibility of the developer.Most developers have tie-ups with banks or Housing Finance Corporations (HFCs) who offer home loans to the customers. The APF number makes it convenient for home loan buyers to get home loans and saves them from the horror of collecting legal documents of the project from the developer.
383 Once you vacate the premises permanently, or in the event of your death, the lending institution will give the first option to the legal heirs of the property to settle the loan. If they are unable to settle the loan, the lending institution will sell the property and, from its proceeds take its share-principal, i.e., the total amount disbursed as loan and the interest on it-and give the balance to the legal heirs.
384 The scheme of reverse mortgage has been introduced recently for the benefit of senior citizens owning a house but having inadequate income to meet their needs. Some important features of reverse mortgage are:A homeowner who is above 60 years of age is eligible for reverse mortgage loan. It allows him to turn the equity in his home into one lump sum or periodic payments mutually agreed by the borrower and the banker. The property should be clear from encumbrances and should have clear title of the borrower. NO REPAYMENT is required as long as the borrower lives, Borrower should pay all taxes relating to the house and maintain the property as his primary residence. The amount of loan is based on several factors: borrower’s age, value of the property, current interest rates and the specific plan chosen. Generally speaking, the higher the age, higher the value of the home, the more money is available. The valuation of the residential property is done at periodic intervals and it shall be clearly specified to the borrowers upfront. The banks shall have the option to revise the periodic / lump sum amount at such frequency or intervals based on revaluation of property. Married couples will be eligible as joint borrowers for financial assistance. In such a case, the age criteria for the couple would be at the discretion of the lending institution, subject to at least one of them being above 60 years of age. The loan shall become due and payable only when the last surviving borrower dies or would like to sell the home, or permanently moves out. On death of the home owner, the legal heirs have the choice of keeping or selling the house. If they decide to sell the house, the proceeds of the sale would be used to repay the mortgage, with the remainder going to the heirs. As per the scheme formulated by National Housing Bank (NHB), the maximum period of the loan period is 15 years. The residual life of the property should be at least 20 years. Where the borrower lives longer than 15 years, periodic payments will not be made by lender. However, the borrower can continue to occupy. (Source : RBI Website)
385 A housing loan is a classic example of the case, where physical possession has not been handed over, yet a bank mortgage is created on the property
386 PIO's are allowed to purchase upto 2 flats, without any permission from RBI. Foreigners who are residents in India ( for more than 183 days) can purchase provided they take appropriate permissions from RBI for the same
387 No, these documents would not be enforceable in the courts of law in case of a dispute
388 1.From the balances of NRO account – subject to declaration 2. Sale proceeds of assets 3. Assets acquired from legacy/ inheritance/ deed of settlement they can remit up to USD 1 Million in a financial year
389 Every society incurs bills for common facilities such as electrcity in common areas, security charges, accounting charges, maintainance charges that need to be paid. Normally these charges are divided by the total carpet area of every flat and bills proportionate to the flat owners carpet area are normally sent out every quarter. Apart from that , co-operatives socities acts prescribes to have mandatory amount as repair fund, sinking fund, etc
390 Normally, everything related to the society is as per the Maharashtra co-operative societies act and bye-laws prescribed thereunder
391 Yes, post the gift, society needs to be informed of the same with proof to effect transfer from one owner to the other and apply to the Society with the necessary transfer forms for transfer of flat.
392 It is assumed that you want to add your wife's name as an equal owner in the property. If yes, then you can gift undivided share of a flat to your spouse by executing a gift deed to the extent of 50% and make relevant applications to the society for adding her name in the society records
393 All such details have been provided in the modern bye laws of a Co-operative Society.
394 There is no provision to add additional names in the document of the flat already registered. In my opinion to add names of your wife and son, you can gift 1/3rd share to each one of them, it will attract minimum stamp duty of Rs 200 each. Subsequently you can approach Society with necessary forms to add their names in Share certificate.
395 Your parents both expired intestated, i. e. without leaving a will then in such a case, ownership of the flat would devolve upon heirs of your parents. If you 3 sisters are the only heirs of your parents the ownership would devolve upon all 3 of you. You could apply to the Society with necessary transfer forms and documents for effective transfer of the flat in your names . However, a succession certificate is to be obtained from court for the same to avoid any future problems
396 How old is the society? When is the builder going to hand over operations to the society. Normally, as a practice a builder runs the maintainance for 6 months to a year to ensure everything is smoothly running. Post this, it is normally handed over to the society with proof of where the money has been utilized.
397 Unfortunately there is no such provision whereby one can insist society to deliver papers to members outside the premises of society. It would be better if you can make arrangement to get papers collected from the society every weeekly or fortnightly.
398 As per bye laws, Co-operative society can not demand more then Rs. 25000/- for a transfer.
399 Maintenance charges are collected to meet expenses required to maintain property of a Society, it starts from the day building receives Occupation Certficate from the authority or possession whichever, is earlier
400 It is a very exhaustive list that can be obtained by procuring prevailing by laws of the cooperative societies act as per the state
401 It is as per the rules of the local governing body. For instance, MCGM assesses tax even on society office, car parking space,gymnasium, club house etc
402 It is possible to make multiple societies as long as permission is taken from the state government
403 Yes, it is possible to do so incase of non co-operation of the developer, however the requirements for registration are complied with
404 Yes, all common expenses have to be borne proportionately between all the members of the society
405 First and foremost, get a resolution passed in the general body meeting to that effect and then follow the steps as mentioned(1) The name of a society may be changed under Section 15 so however that it does not refer to any caste or religious denomination and is not inconsistent with the objects of society. (2) Every change in the name of a society shall be made by an amendment of its by- laws and shall be notified in the Official Gazette. (3) After the change in the name is approved by the Registrar, the society shall send the original registration certificate for amendment to the Registrar, who shall return the same to the society duly amended. (4) The Registrar shall enter the new name in the register of societies maintained by him.
406 No, they cannot unless application for associate membership is consented by A
407 The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.
408 Yes, they have the liberty as long as a resoultion has been passed in a lawluffy conducted general body meeting of the society
409 No, they are not allowed to attend unless prior permission has been obtained
410 It is normally included as a part of the maintainance cost
411 Write to the committee to call for a meeting for resolution of the problem. However, if this does not rectify the problem, you can approach the registrar of socieities for the same
412 You can approach the registrar of societies if resolution by the managing committte is not possible.
413 Yes, they are applicable even for vacant flats
414 Yes, they are separate and can be charged, subject to resoultion passed to that effect in a lawfully conducted general body meeting
415 In Maharashtra, as per the bye laws of the co-operative housing society, a banking account shall be opened in the nearest state or district central co-operative bank or its branches
416 Since it is a major repair fund, sinking fund can be utilized for the same. Deficit, if any can be fulfilled by utilizing reserve funds and/ or asking members to contribute for the same
417 This is a very subjective question. Does the buyer intend to stay in Mumbai and make it his home or is from outside the city for a couple of years. There is room in the city for the prices to escalate even further, especially because we are a developing economy. GDP of the country is still in the growth mode, maximum of the population is in under the age of 25. FSI in mumbai ranges from 0.5-4 depending upon the type of construction/zone/redevelopment scheme unlike foregin counterparts, where it can even go to as high as 20. This further restricts supply. All these are reasons for the price to rise further. Mumbai pricing is still cheaper than the developer counterparts such as London, Hongkong etc where GDP is now flat. Plus mumbai is an island city, where the supply is at one point going to be limited, unlike other cities, where they can easily be expanded. Hence if one intends to stay here, buying is a good option.
418 Comparison should be on following facts: 1. Type of building (e.g. Complex / stand alone / High or low rise); 2. Amenities and specifiactions; 3. Completion time and 4. On carpet area basis 5. Developer reputation and projects completed by him in the recent past
419 Real Estate (Regulation and Development) Act 2016' makes it mandatory for all under construction projects as well as completed but Occupation / Completion certificate is yet to be received to register under the said Act and upload full information about the project whereby anyone can check all approvals, titles etc. online.
420 One can give public notice in the news paper if it is not registered, although it is not a full proof way to find out. But if the builder has sold the flat which is not registered then it may not stand chance in court of law if the matter goes to the court. Only registered flats can be traced by way of search in the office of the sub registrar or by accessing it's portal online.
421 Real Estate (Regulation and Development) Act 2016' makes it mandatory for all under construction projects as well as completed but Occupation / Completion certificate is yet to be received to register under the said Act and upload full information about the project whereby anyone can check all approvals, titles etc. online.
422 Commerical market had been at an all time low since the last couple of years. Because of this, commercial supply went down drastically except in select areas such as BKC, Lower Parel. Over time, people have been experiencing a dearth in supply in places in northern suburbs of mumbai and demand for commercial real estate is now on the rise, especially for compact units in the range of 400-1000 sq. ft with built in pantry and bathrooms. There has been a major demand for these units, mainly keeping in mind the budgets, buyers have in mind while making the purchases.
423 Ready reckoner has the single most important impact on the pricing of any property. Most of the premiums of the statutory authorities are tied to the ready reckoner. Hence an increase in the ready reckoner price has a direct increase on the cost, which shall ultimately affect the price. A classic example of the same can be seen in Mumbai, where ready reckoner prices have increased multi-fold in the last 5-6 years, which has seen a very steep increase in the property prices conseqentially.
424 It is a very subjective call, dependent on the builder. In many cases, builders are ready to offer some rebates for providing a shell flat.
425 As per RERA, all builders will need to broadly adhere to the payment schedule as mentioned in the RERA sample agreement, which could change from one state to the other as per certain amendments brought about by the individual state.
426 There are a couple of reasons behind this. All MCGM costs, are dependent on a ready reckoner rate, that is reviewed and set by the government annually. Over the last couple of years, there have been exponential increases in the prices of the ready reckoner rates. All MCGM related costs are directly proportional to these rates and hence have gone up many times over the last couple of years. Besides this mumbai is an island city, with a very limited supply that cannot be increased by expanding the city on all sides. Also demands of the land owners is a big contributer to the pricing. All societies expect a certain extra area, hardship allowance, rent which has a significant increase in the price. Over the years, these components have only increased. This coupled with the government taxes such as stamp duty, VAT and service tax, and newly introduced GST will further increase the prices in the city.
427 a) Not till the outskirts of Mumbai city is fully developed like in advanced countries; b) Poor logistics and infrastructure developement is also one of the key reasons for No Reduction in property prices.
428 It may, if, a) smart cities offer better quality life in terms of Education, Health, Fairly priced Accommodation and Job/Business opportunities; b) there is a good connectivity with Mumbai city.
429 Mumbai has been the major attraction for immigrants from rest of the country because of its fast overall developement and high employment opportunities. Few reasons influencing no reduction in property prices : a) The constant need of migrators to Mumbai encourages landlords to hold on to high prices. b) There has been constant increase in premiums payable to MCGM ; c) Cost of construction has been constantly increasing and Finally, d) Till the outskirts of Mumbai city are fully developed there is no reason for Reduction in property prices
430 It is not always practically possible to obtain full CC at one go. There are huge premiums that need to be paid. If they are paid in one go, developer will incur heavy finance charges on the same, which ultimately will be passed to the consumer.
431 Areas such as Mulund, Vikhroli on the central side and Dahisar, Borivali on the western sides are good places of investments. The price differentials between these places and their southern counterparts is almost 100%. With connectivity improving with metro and eastern freeway, commute time across the city is improving. This will eventually result in price appreciation in these areas over the next couple of years, when infrastructure is well developed within the city
432 As per the newly launched RERA, developers shall give a defect guarantee of 5 years to the flat allottes against workmanship defects, provided no changes have been made by the allotees/society/purchaser/occupant for the same.
433 Price of any commodity depends upon supply and demand. When prices of steel and cement are lower it implies that there is no sustainable demand from the real estate as well as infrastructure. As such combined cost of cement and steel forms a very small percentage of price of a real estate in mumbai so even the substantial decrease in rates of these commodities will not have any measurable impact on the price of a real estate even in a distant suburb of mumbai.
434 One can sell flat in the building that falls under CRZ.
435 It depends upon the location and condition of a building. Although one can not utilise TDR on the land falling under CRZ but because of the same reason building may have more open space for the recereation activities and parking facility density of that compared to other buildings.
436 Depends on individual, generally, any property under going redevelopement fetches compensation towards rental expenditure for temporary accommodation, corpus fund to take care of maintenance charges for the new apartment, and additional area. Hence, one can calculate and evaluate to offer price to buy an old apartment after checking the on going price for the new apartment offered in that vicinity.
437 One should not purchase a flat merely because it is cheaply available and that too in a dilapidated building, unlesss he is very sure that the property is going for a redevelopment in a very near future.
438 Date of purchase is the date of agreement for sale but for the capital gain tax purpose it is the date of possession of the flat.
439 It is possible to define the proportion in the sale agreement
440 Buying a flat In under construction building will attract payment of GST whereas it is not applicale for a completed building having Occupation/Completion Certificate issued by approval authority
441 After introduction of Maharashtra Real Estate regulation Act, 2016, it is mandatory for the developer to register new and ongoing project withReal Estate regulatory Authority (RERA) after obtaining approvals from the local authority. All details such as nature of the proposed building, title of the property, completion time of the project, draft of Agreement for sale etc. are uploaded on RERA website. Interested buyer can log in to this website to get necessary information about the project.
442 This depends on the conditions in the agreeement. If the payment is not made in time, and there is a termination clause which states that agreement can be terminated due to delayed payment, seller can return your payment and sell it to some other buyer. However, it is very subjective and shall largely depend on the conditions in the agreement
443 You need to file a police complaint, inform your housing society, issue news paper notice and make application for duplicate copy of your registered document before the registration office citing your document registration number
444 It will all depend on the terms and conditions mentioned in the letter of allotment and/or agreement
445 It depends on the size of the flat. We need more details in terms of locality, amentiy, flat carpet area to determine the right price. Is this in a building with or without OC?
446 Registration charges of 1% of agreement value shall need to be paid again, plus in case of a gift from one brother to another, it will be treated as a gift deed and 3% stamp duty of agreement value shall also need to be paid
447 It will all depend on the terms and conditions mentioned in the letter of allotment and/or agreement
448 Areas such as borivali,kandivali, malad, mulund, dahisar, where the property prices are still low compared to other places south, are good places to invest. Being smaller apartments, chances of them going on a lease are also very high.
449 One should buy a flat/unit which is reflecting in the plans, approved by the authority.
450 It is always advisable to conduct own due diligence prior to buying any property. However, as of now when RERA is applicable for all new or ongoing projects it will be easier for you to browse through RERA website to understand nature of title of the property.
451 Only the owner of the property needs to sign as a seller, independent of the marital status of the seller
452 Mumbai real estate prices historically have increased at the rate of 15-18% annually over the last 50 odd years. Reasons for the same have already been answered in another question in the same category.
453 It is always recommended to hire a lawyer for the same. Proper title search of the property for the last 30 years should be done to ensure the right owners. Also, check whether lien exists on the property by contacting the respective governing body of the building. You should obtain the chain of documents from the seller, once the full price has been paid. You should also check whether there are any pending outstanding due on the flat in consideration and whether proper stamp duty has been paid while registration of all previous agreements
454 An agreement for sale can be prepared between you and your mother. However, for this your mother shall need to come to Mumbai for the registration process. In case, someone holds a registered power of attorney for your mother, he/ she can sign on your mothers behalf. In case no monetary transaction needs to be performed, a gift deed can simply be executed between the two of you by paying the applicable stamp duty on the gift deed. As on today, Rs 200 stamp duty is payable if mother gifts to her children
455 It is absolutely required to prove title to a property, also acts as a proof of ownership in a property in court of law and is used by banks while giving out home loans
456 This can be done only if your brother agrees to transfer the same in your name. If he does, he can gift you the same using gift deed.
457 One has to inquire with real estate brokers in his area to know prevailing rent and can also be ascertained by visiting few flats avavilable on rent in the near by area. Amount of the corpus will depend upon feasibility of the project and it is usually created to cover cost of maintenance of the new premises offered to the existing member.
458 It's not mandatory to offer extra area to Society, however as per the provisions of prevailing D. C. regulation, fungible compensatory floor Space Index (FSI) of the existing building shall not be used for free sale, depending upon the feasibility of the project extra area is offered. In suburbs builder get admissible FSI of the plot, TDR ( depending upon the road on which the plot of the society situated) and fungible compensatory FSI not exceeding 35% for residential development and 20% for the Industrial/commercial development.
459

Without knowing the size of the proposed building, its difficult to assess completion time for the building. It all depends on the size of the plot, plan whether there is a basement or a podium or both or none. However, If all the permissions are in place and plans are sanctioned then a standalone building with basement or car parking floor/podium should take around 30/36 months for the completion.

460 Government of Maharashtra has issued directive under section 79(A) of Maharashtra Co-operative Societies Act,1960 which is termed as "directive for Redevelopment of building of Co-operative Housing Society". It explains in detail entire process of redevelopment.
461 There is nothing like proper OC (Occupation certificate), building is either with OC or without it. If the building is without OC then fungible Compensatory FSI available on rehabilitation component shall not be granted without charging premium.
462 It depends upon the size and shape of the land & also the encroached area. One should always try to remove encroachment for the better planning however If it's not possible to remove it then encroached area is deducted from the plot area. in that case TDR and fungible compensatory FSI of encroach area will not be available for the construction.
463 Normally on a top floor or on the first floor of the building a terrace is formed out of compulsion and its used by the adjoining flat owner. As such its not counted in the built up area of the building. Its a point of negotiation between the developer and a owner of such terrace to settle it.
464 It is always preferable to have unanimous decision on redevelopment otherwise atleast 70% member should give consent for the redevelopment. It is necessary for the society to follow directive laid out by the State Goverment under section 79(A) of Maharashtra Co-operative Societies Act, 1960. After following a due process of redevelopment as per the directive one can take a legal route to resolve the issues related to non consenting members.
465

Its always better to remove such encroachment for a better planning and to fetch better value of the property. However, if it is difficult, then that area should be earmarked and deducted from the plot area but it should be done in consultation with the Architect.

466

A PMC refers to a Project Management Consultant and is generally associated with architects, engineers and quantity surveyors. Project management involves integrating the entire project team including the developer and the society, and creating synergies that lead to achievement of the project objectives which revolves around four elements: performance, cost, time and scope.

Keep in mind the following factors while choosing a PMC


- The PMC should have the liasoning experience with the BMC and should be very well versed with any changes/circulars from the authorities.
- He should have a professional team to provide all the services to the society and his approach should be of the most transparent one without any vested interest.
- The PMC needs to have a thorough knowledge of the DCR and the Bye laws of the Government.
- The PMC should have the entire know how of the Redevelopment including the processes involved.
- He should act as a mentor to the society where in he should look into the society's interest as a priority.
- He should be a guiding force for the members with a holistic approach till the end.
- He should adopt proactive methods in solving all the problems of the members
- He should provide the society with a realistic feasible report which will help the society to know their expectation and the demand from the developer.
- He should resolve all the issues in the most amicable way and also plan the processes in the right and a fool proof manner.
- He should be at the disposal of the society during the entire period of construction and should advice them towards the quality/speed and efficiency of the developer.
- He should be a neutral person in the society and should not favor any of the party in Redevelopment.
- The PMC is basically the Society's consultant and should act as the most professional person well equipped with all the requirements of the society with respect to the Redevelopment.

You can choose PMC by inviting tenders or by reference.

467

It is not mandatory to give shifting charges but normal practice is to give one time brokerage and shifting charge.

468

It is safe to vacate to shift only after plans are sanctioned for the buildings. At this point, the IOD must be issued by the planning authority. IOD which stands for Intimation of Disapproval, is the first permit considered for construction.

469

As this is illegal, we do not entertain such encroachers. However, if they are adamant and they try disrupt the redevelopment, a developer may offer them some area or other consideration on account of the society. It is advisable to tackle this situation internally before going for redevelopment.

470 It is pre-requisite to obtain NOC's from the department of Chief Fire Officer (CFO) and Traffic and coordination department of the Municipal corporation of greter mumbai ( assuming area falls in the jurisdiction of MCGM), this usually takes about 30 days. Post issue of NOC's plans are submitted for the concession approvals from the Municipal Commissioner and subsequently it is submitted to the Building Proposal department of MCGM, which after thorough scrutiny sanctions plans and issue IOD. Whole process takes about 4/5 months in the current scenario.
471 Normally builders do not load entire FSI initially. It requires huge cash flow depending upon the location of the redevelopment property as premium charges payable to the MCGM are in direct proportion to the Ready Reckoner rates of the zone in which property is located & TDR rates are influenced by demand and supply. so by loading entire FSI finance cost of the project is going to increase and if it is financially viable, builder may agree to load entire FSI. However if its unviable then the next best option is to ensure that Owners/members new premises are identified in the initially sanctioned plans before they vacate existing place. Although after introduction of MAHARERA it is safe to vacate if the agreement is providing sufficient safety.
472 Yes, if the plot on which the building is situated is falling under CRZ then the development can take place with the floor space index (FSI) of the plot as TDR and fugible compensatory FSI are not permitted to be utilised in CRZ.
473 You have to check the lease document, whether any such conditions are mentioned requiring consent of the owner in case of the redevelopment. sometimes the lease is executed in favour of the society for 99 or 999 years with complete right of the redevelopment.
474

If the building is in dilapidated condition and cessed property declared by mhada then minimum size of the tenament in case of residential flat should be 300 sq feet carpet area and same carpet area as the existing in case of the commercial premises.

In other cases, each flat is given an incentive area in terms of percentage of the existing carpet area of each tenant. If your flat is larger, you will receive more incentive area.

475 If the builder has promised free flat, you have to ensure that builder has onbtained development rights of the properrty from the owner and executed agreement for the permanent alternate accommodation in your favour. You have to ensure before vacating existing place that plans are sanctioned by the planning authority for the proposed redevelopment.
476 Please contact Practising Architect in your area. We can try and find names if we get exact details for the area in which you operate
477

Your bank guarantee should be sufficient to cover the construction cost of the area of the existing owners/members in the proposed building. If it meets this value, then you may consider it as sufficient/adequate.

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482 Floor Space Index also Known as FAR Floor Area Ratio. "Floor space index (FSI)" means the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under these Regulations, to the total area of the plot, viz. :- Total covered area on all floors Floor Space Index (FSI) / (Divided by) Plot area
483 TDR is Transfer of Development Rights.
The owner (or lessee) of a plot of land which is reserved for a public purpose in the development plan and for additional amenities deemed to be reservations provided in accordance with these Regulations, excepting in the case of an existing or retention user or any required compulsory or recreational open space, shall be eligible for the award of Transferable Development Rights (TDRs) in the form of Floor Space Index (FSI) to the extent and on the conditions set out below. Such award will entitle the owner of the land to FSI in the form of Development Rights Certificate (DRC) which he may use himself or transfer to any other person. The developer/society/NGO on a plot of land for which the Slum Rehabilitation Project is sanctioned under these Regulations shall be eligible for the award of TDR for the FSI, if any, in excess of 2.5 or as may be specifically permitted by the Chief Executive Officer, Slum Rehabilitation Authority.
DRC for the TDR will be issued by the Commissioner, Brihan Mumbai Municipal Corporation himself on recommendation by Chief Executive Officer, Slum Rehabilitation Authority. The FSI credit in square metres of built-up area will be stated in figures and in words, the place where TDR is earned.
The built-up area for the grant of DRC shall be equal to the FSI of the sanctioned Slum Rehabilitation Project allowed to be taken in the form of TDR.
484 Fungible FSI or Fungible Compensatory FSI is Permissible under DCR 1991 of Mumbai under Clause 35(4)
485 COASTAL REGULATION ZONE - REFER CRZ NOTIFICATION LAST MODIFIED ON 6/1/2011
486 CARPET AREA IS DEFINED DIFFERENTLY UNDER DIFFERENT NORMS FOR DIFFERENT PURPOSES
487 built up Area is the Total Covered Areas of a Building
488 Intimation of Disapproval (IOD). The Term is Derived from the MMC Act 1888 during the British Era hence the Language Disapproval. During British Era in India More particularly in Mumbai Birtish used to Intimate Disapproval and on Compliance of the Disapproval conditions used to grant CC (Commencement Certificate for Construction.
489 CC means Commencement Certificate . In Maharashtra it is granted under MRTP Clause 44/69 or commencement of work.
490 CFO is the Chief Fire Officers Permission or Remarks on the Building. It is Granted for Highrise Buildings and also when Relaxations are sought then for all Buildings from the Fire Safety aspect and Fire Safety point of View
491 Property Register Card and CTS Plan are Revenue Documents or Records of Title held by Government Revenue Department which has Records of the Status of the Land and Title as per theie Records.
492 0.33 FSI additional Fsi as brought in by the Government when TDR cartel was raising TDR Pricing and making Housing Unaffordable. The 0.33 Additional FSI was introduced in 2008 at a Nominal Pricing. Thereafter the Govt to boost its Revenue Increased the aditional FSI Quantum to 0.50 and increased the Rate of additional FSi to 60% of ASR (Annual Schedule Rates of Ready Reckonner/ Land Rate)
493 ULC is Urban Land Ceiling . It has been Repealed under the Repeal Act 1999 and Maharashtra Goernment adopted the Repela Act in 2007. The Repeal act protects only Orders U/s 20 and Action taken under Section 10(3), 10(5) of the ULC act 1976. Rest of the lands come out of the purview of ULC.
494 Yes , To a great Extent it is True as all the Premiums have been Gradually Linked to Ready Reckoner and as the Ready Reckonner changes every year , The Rate of premiums and Development Charges Keep Increasing Every Year making the Cost of Development Substantially high.
495 CC is granted in some parts of the Country once for Entire Work, But in Mumbai the CC is first Granted up tp Plinth or Top of Stilt as the Plinth Size and Open Spaces are checked at this Stage before Granting Full CC for entire work as approved.
496 DDP 2034 proposes Fsi on Gross Plot Area and hence the FSI has to Increase. Also the Fsi of Reservations is proposed to be granted over and above FSI and Aditional Fsi/TDR. However after the DDP was published in May 2016, In November 2016 the Govt came up with the Policy of TDR Permissible as per Road Width + 0.50addl FSI + Road setback + Base FSi. Hence for Larger Roads the FSi is Road setback + 2.2 / 2.4/2.5 which is more than Cap of 2.0 Proposed in DDp 2034 hence in DDP 2034 the FSI Increase due to Gross Plot Area will be subject to Road width and Road setback as compared to today's FSI.
497 Yes there are Multiple Remarks and Submission Documents before Approval is granted. Earlier the Approval Times was 180 Days to even more. But due to the Ease of Doing Busimness Policy of Government and Online processing the timelines have reduced and is reduced to 60 days
498 The Old approvals have been scanned and uploaded online in MCGM website , but incase it is not visible or available online , One can always apply under RTI to MCGM Building Proposal Department to get a Copy , also try Searching in Assessment Department and Water Department for Older Buildings as Recirds were not maintained as should have been.
499 Yes , amalgamation of 2 Flats is Permissible subject to Pakring and other Requirements, As per Latest Ease of doing Business Circular BMC has brought in a Circular in august 2016 wherein on submission of requisite Docuemnts the permission should be granted in a Day Theoritically but it has become easier and faster for sure.
500 This is a vry subjective question as in Mumbai FSI is permissible under DCR 32 +tdr under 34 + Fungible under 35(4). Also there is DCR 33 wherein Additiona Fsi up to 4.00 is permissible for specific uses and special cases.
501 It is Unlikely that the Approval is for 1 unit and Completion given for 2 units without proper sanction. The Last approved/ Comletion Plans will be considered in this case and any Deviation on site will have to be regularised before buying.
502 DO not Assume, Please check online for the approval or apply under RTI for the approval copy to be sure
503 The Non agriculture Procedure has been simplified in 2017. However Grampanchayat approval has no meaning as Grampanchayat act of 1958 has been superceded by the MRTP act 1966 whrein the powers to grant permission is of the Collector/ Town planing Department and merely grampanchayat approval Constructions area. Violation and Illegal. Also Grampanchayat members are not Technically Qualified and Merely offering remarks. Hence MRTP Act 1966 Permission is a Must.
504 For Regular Development Earlier it was Base Fsi 1.00 + Optional Addl FSI 0.5 + TDR. = Max 2.00 + Fungible 35 % =. 1+1+0.7 = 2.70 FSI (Subjec to Reservations). But as per TDR road width policy the Fsi is Base Fsi 1.00 + Addl FSI 0.5 + TDR as per Road Width (0.5(9-12.2 mtrs road)/0.7(12.2 to 18.30 m road)/ 0.9 (18,30 to 30m road) / 1.00 (more than 30m road) = Max 2.00/2.2/2.4/2.5 + Road Setback area (200/%) + Fungible 35 % =. 2.7/2.97/3.24/3.375
505 The Development Plan Remarks (SRDP 1991) Remakrs would specify so and also mention to take Estate Remarks, additionally the PRC would also metion Land Holding by Estate Department in Revenue Document and Also would be visible in Title Documents.
506 Yes Miscellaneous Permission similar to amagamation of Flats which is currently as per Ease of doing business grnatned under Fast Track approval in a day subject to Submission fulfilment
507 Yes Only after Converting or Taking Conversion Permission to Permit Residential Users in Industrial Zone by Leaving Required Seggregating Distances as per Regulations and providing amenity as per Policy. Most Importantly the Labour Commissioners NOC is Mandatory for such aplciation as Labour Dues hav to be settled first and foremost.
508 As per Regulation the Fungible for Rehab isFree to the extent of 35% of their existing area and canot be used for Sale. However Legally areas can be sold and a way be deviced to do so
509 The Highrise Buidling from CFO point of Vew is 24mtrs (Proposed to be 32 mtrs in DDP 2034) , Additionally for building more than 70mtrs High Court has constituted a Higrise Commmittee to Clear Poposal of buidlings more than 70mtrs.
510 If the Plot is within 30mtrs from the Railway Boundary and is shown in the D.P.Remarks as affected by Railway Buffer then NOC is Mandatory.
511 The Restrictions due to Govt Intervention has been reduced from 500mtrs to 10m as per Recent Notifications and Circulars.
512 TDr Permissibility has been reduced and Increased based on Road width as per Recent Notification dated 16 nov 2016.
513 CRZ is classified in to CRZ-I, CRZ-II, CRZ-III, CRZ -IV and CRZ-V. In CRZ-II Construction is Permitted as per Regulations Prevailing on 19/2/1991 when the First CRZ Notification was Notified. Also Permitted in CRZ-III, IV and V as per Recent CRZ Notification dated 6jan 2011
514 Mahim has been Declared as a Creek in the New CZMP Published and hence the CR buffer is educed from 500mtrs to 100mtrs. Hence Beyond 100mtrs CRZ does not apply.
515 Gaothan on old Existing settlements which have been marked in DP as well in the Revenue Records a Tenure A. In gaothan FSI is governed as per DC 33(19) , Infact additional Fsi is granted up to 1.50 for roads more than 6mtrs and 2.00 for roads more than 9mtrs.
516 Draft Development plan 2034 has been Published on May 2016. The suggestion objections were Heard by the planing committee in ded 2016 the Planning Committee recommendations were put up to the Corporation as per MRTP act . The Corporation has recently in August 2017 cleared the Recomendations and Forwarded to Govt of Maharashtra UD Department. The UDD will take a call on the Recommendations of Corporation and can Sacntion it or Seek suggestion Objections from the Public and Then Sacntion the same as per MRTP act.
517 Yes, It is Possible. But if Building is sanctioned for 10 Floors why would a Developer or Builder ask for lesser CC.
518 The MHADA Buildings as per DCR 33(5) eligible for aditional FSI. Recently the Govt of Maharastra brought in Revised Noms on 3rd july 2017 wherein the Fsi is Proposeed to be up to 4.00 for Plots more than 4000 smts and on roads more than 18mtrs. And up to 3.00 for plots less than 4000 smts.
520 Stampy Duty and Registeration fees will depend on the stamp duty provisions of each State. For Maharashtra, the rates are as below:

a) The stamp duty rate will be 5% of the agreement value or market value (computed as per the ready reckoner rate of the area), whichever is higher

b) Registration fees will be 1% on the market value or the agreement C72value but restricted to Rs. 30,000.
521 Tax burden can be reduced on capital gains arising on sale of residential property by claiming exemption under section 54 or 54EC or 54EE of the Income Tax Act by fulfilling the condition prescribed in the sections.

Exemption u/s. 54 of the Income Tax Act can be claimed by investing the capital gains in purchase of new residential flat.

Exemption of capital gains to the extent of Rs. 50,00,000 can be claimed u/s. 54EC of the Income Tax Act by investing Rs. 50,00,000/- in bonds notified by Central Government i.e. currently NHAI and RECL bonds.

Exemption of capital gains to the extent of Rs. 50,00,000 can be claimed u/s. 54EE of the Act by investing Rs. 50,00,000/- in units of specified start-up funds as notified by Central Government.

Based on period of holding of the capital assets, capital gains can be calculated as long term or short term capital gains and are taxed accordingly. If the property is held by you for a period more than 24 months than the same will be long term else short term. Indexation benefits will be available in case of long term capital asset.
522 It is permissible to gift the under construction property to your wife by way of a gift deed.

Further as the property is being gifted to wife (relative), there will be no tax liability under section 56 of the Income Tax Act. However stamp duty and registration charges needs to be paid as per prevailing state laws.

However clubbing provisions with regards to any income arising from the said property will apply.
523 Yes, the provision of section 194IA of the Income Tax Act will be applicable in this case and accordingly if the consideration to be paid is 50 lakhs or above then TDS @ 1% is required to be deducted.
524 It seems that your case very well fits within the provisions of section 54 of Income Tax Act i.e selling one residential property and buying another residential property within the time limit specified under section 54 of the Income Tax Act. Thus there will be no capital gain tax liability and you need not pay any taxes. Further the new residential property so purchased should be held by you subsequently for a period of 3 years.
525 Under scenario 1, if you sell your residential flat and invest the capital gain arising therefrom in another residential flat then the provisions of section 54 of Income Tax Act would apply i.e selling of one residential property and buying another residential property within the time limit specified under section 54 of the Income Tax Act will apply and capital gains so arised shall be exempted. Further the new residential flat so purchased should be held by you subsequently for period of 3 years. Under scenario 2, if you do not wish to invest in said property above, then capital gain arising on sale of residential flat can be claimed exempt to the extent of Rs. 50,00,000 if you invest Rs. 50,00,000 in bonds notified u/s. 54EC of the Income Tax Act or in unit of specified start up funds funds u/s. 54EE of the Income Tax Act as notified by the central government.
526 In order to save tax on capital gains arising out of sale of residential flat, expemtion can be claimed under section 54 of Income Tax Act i.e selling of one residential property and buying another residential property within the time limit specified under section 54 of the Income Tax Act. The new residential property so purchased should be held by you for subsequent period of 3 years. In case you sell the property within the period of 3 years then the capital gains so exempted u/s. 54 of the Income Tax Act will be taxable in the year of sale of new property.
527 Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. The said gains will be considered as long term capital gains or short term capital gains based on the period of holding of the property. If the residential flat is held by you for a period more than 24 months than the same will be long term else short term. Indexation needs to be calculated for each instalments paid to arrive at indexed cost of acquisition. Such indexation benefit will only be available to long term assets.
528 Yes, tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration.

As far as rate is concerned, tax will be computed @ 20% plus surcharge (if any) on long term capital asset held for more than 24 months. While tax rate will be 30% plus surcharge (if any) if the asset is a short term capital asset.

As far as date of purchase is concerned, it will be the date on which purchase agreement is entered by you and the builder.
529 VAT would be payable by the builder on flats allotted to land owners. Subsequently when the land owner sells flats to third party, no VAT would be paybable by the land owner on such subsequent sale.

Construction of a complex, building, civil structure etc intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, is deemed as a service. Hence, GST should be leviable on construction activities carried out by a builder for land owner/prospective buyer. However, when a land owner subsequently sells flat to a third party no GST shall be levied on him as he is not carrying out any consturction activity for the prospective buyer.
530 Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. The said gains will be considered as long term capital gains or short term capital gains based on the period of holding of the property. If the property is held by you for a period more than 24 months than the same will be long term else short term. Assuming that the sale will take place in 2017 your sale of flat will be a long term assets sale. Indexation will be available on the purchase consideration as the asset is long term assets.

Tax rate on long term capital gains will be @ 20% plus surcharge (if any) and the tax will be increased by cess @ 3% .
531 In Maharashtra, VAT on sale of underconstructed property brought into effect from June 2006. Hence, builder would be liable to pay VAT on agreement to sale effected in June 2008. There are various methods for arriving at the taxable value of transfer of property in goods during construction. Libality to pay VAT by flat buyer to the builder would be dependent on the contractual arrangement between the parties. However, like any other indirect taxes, builder may shift the incidence of VAT on the flat buyer.

Under the GST scenario, no composition scheme has been pronounced as in case of VAT legislation. Hence, GST shall be leviable at applicable rate (currently 12%, in case consideration is inclusive of tranfer of property in land)
532 Since the Pune Flat is owned by your mother, capital gains will arise to your mother. By investing in another residential flat exemption u/s. 54 of the Income Tax Act can be claimed upto a value of subsequent purchase.
Further the Mumbai flat can be purchased in joint ownership of your mother and father. Joint ownership will not have any impact on exemption that will be available to your mother under section 54 of the Income Tax Act.
533 As per section 194IA of Income Tax Act, the transferee is required to deduct TDS @ 1% at the time of credit of sum to the account of the transferor or at the time of payment of such sum if the total consideration is 50 lakhs or above. The said section was introduced w.e.f 1st June, 2013. Accordingly any payment made by you on or after 1st June, 2013 and if your purchase consideration is more than Rs. 50,00,000/- then TDS @ 1% is to be deducted.
534 There would be no capital gain tax if you sell the old residential flat and buy another residential flat as the capital gains can be claimed exempt u/s. 54 of the Income Tax Act. The exemption will be to the extent of investment in the new residential flat or the long term capital gains arising on sale of old flat, whichever is lower. If the investment is lower than the long term capital gains, then the capital gains tax incidence would reduce proportionately.
535 Both the tax free bonds notified by Central Government currently i.e. NHAI and RECL have the same lock in period of 3 years and rate of interest of 5.25%. So the capital gains of Rs. 10.50 lakhs can be invested in any of the bonds to claim exemption under section 54EC of the Income Tax Act.
536 The capital gains will arise in the year in which the land is transferred to JV. Exemption to the extent of Rs. 50,00,000/- will be available under section 54EC of the Income Tax Act provided you invest in specified bonds or under section 54EE of the Income Tax Act on investing in the units of specified start up funds as notified by central government within a period of six months from the date of transfer.
537 If you invest the capital gain arising from the sale of residential flat in another residential flat then the provision of section 54 of Income Tax Act shall apply (i.e selling of one residential property and purchasing another residential property within within 1 year before or 2 years after the due date of transfer of the Property sold or construct a residential house property within a period of 3 years from the date of sale of property).
Accordingly capital gains so arising shall be exempted. Further the new residential flat so purchased should be held by you for subsequent period of 3 years. No exemption will be allowed if you invest in plot of land. Already owning one residential flat will not have any effect on the benefits available under section 54 of the Income Tax Act.
538 If the said property is your ancestral property then the same is a property of HUF and you are co-owner to the same. However, if it is property of your father in his individual capacity then the most cost effective way is to make a gift deed and thereby transfer partial ownership as the gift so received will not taxable under the provisions of the Income Tax Act. The Stamp duty and registration charges would need to be paid as per prevailing state laws. Once your co-ownership is determined then the interest on funds borrowed for the said renovation will be deductible to the extent of Rs. 30,000/- p.a.
539 The sellers claim that he is a non-resident will not suffice. Residential status has to be detemined as per provisions of section 6 of the of Income Tax Act.
Non Residential status: As per the provision
i) if a person stays in India for less than 182 days in current year then he will be treated as a Non resident in India.
ii) if a persons stay in India for more than 60 days but less than 182 days in a current year and the aggreagte stay in last 4 years is less than 365 days.
So if he turns out to be a resident, then TDS will be deducted on sale consideration @ 1% as per the provision of section 194IA of the Income Tax Act.
If in case he non-resident, then TDS will deducted as per the provisions of section 195 of the Income Tax Act.
540 Tax liability will arise on capital gains arising out of difference between sale consideration and purchase consideration. While the sale consideration will be proportionately divided by the area of the flat, the purchase value of your flat will be aggregate of the following:
1. For 318 sq. ft - original purchase value as per agreement.
2. For 100 sq. ft. received free of cost - NIL
3. For 100 sq. ft. additionally purchased- Price paid for purchase of additional area.
541 To compute the amount of capital gain, you can refer to the provision of section 48 of the Income Tax Act. Based on the facts provided, as the property has been sold after a period of 24 months, the capital gains would be long term capital gains. Such capital gains would be computed as below: Difference between Sale consideration (Rs. 2.25 crore) and the indexed purchase consideration (Rs. 40,000 suitably adjusted by cost inflation index of year of sale to year of purchase)
To reduce the capital gain tax liability, you can make investments in another residential flat as per the provision of section 54 of the Income Tax Act.
Alternatively you can also invest the amount in long term specified asset given out u/s 54EC and 54EE of the Income Tax Act. Under this the maximum investment you can make in long term specified assets will Rs. 50,00,000/- and accordingly Capital gain will be exempt upto RS. 50,00,000/-
542 Interest on Housing loan will always be higher than what you earn on Fixed Deposit. Further interest earned on fixed deposit is subjected to income tax. By paying off the loan you will be saved on interest expense. So it is advisable to repay the loan (if the rate of interest is high on the loan in comparison to FD)
543 In Maharashtra, VAT on sale of underconstructed property brought into effect from June 2006. Hence, builder would be liable to pay VAT on agreement to sale effected in Nov 2009. There are various methods for arriving at the taxable value of transfer of property in goods during construction. Liability to pay VAT by flat buyer to the builder would be dependent on the contractual arrangement between the parties. However, like any other indirect taxes, builder may shift the incidence of VAT on the flat buyer. Under the GST scenario, no composition scheme has been pronounced as in case of VAT legislation. Hence, GST shall be leviable at applicable rate (currently 12%, in case consideration is inclusive of transfer of property in land)
544 The property is situtated in India and therefore capital gains tax will arise on this transaction. The buyer will have to deduct TDS as per provisions of section 195 of the Income Tax Act since you are NRI.
545 If you own both the properties, then the propety held by you in name of your wife in Goregaon is a Deemed Let Out Property (DLOP) in your income by applying clubbing provisions of Income Tax Act. The ideal way to purchase new property is to gift the amount of sale consideration to your wife and then she can purchase the property in her own name then the same can be considered as Self Occcupied Property by her.
546 As your brother is selling land and is willing to acquire residential flat, he can claim the exemption under section 54F of the Income Tax Act which allows purchase of residential property against sale of any long term capital asset. If the cost of property purchased is higher than sale consideration of the land then entire capital gains will be exempt otherwise only proportionate gains will be exempt. Exemption under this section can be claimed by your brother only if he owns not more than one residential property other than one he intends to purchase. Further, if he intends to purchase a residential flat from you, then assuming the property is a long term capital asset (holding period more than 24 months), then capital gains will arise in your hands
547 Yes. The capital gains arising from the sale of property after holding the same for 2 years is taxable as long term capital gains. Indexation will be availble on the purchase cost as the asset is long term capital assets.
548 Difference between sale consideration (16 lacs) and indexed purchase cost (5 lacs plus indexation) will be charged as capital gains. Since you are purchasing new residential property of Rs. 32 lacs, the entire capital gains will be exempt u/s. 54 of the Income Tax Act which is available on sale of residential property by investing in new residential property. For ther year under consideration, you will have income under the head salary and capital gains, ITR 2 needs to be filed with income tax authority. In the schedule Capital Gains of ITR 2 , you have to fill in the details of property sold and the details of exemption from capital gain claimed u/s 54 of the Income Tax Act
549 You can transfer your share to your wife by executing a gift deed. Further as the property is being gifted to wife (relative), there will be no tax liability under section 56 of the Income Tax Act. However stamp duty and registration charges needs to be paid in this case. If the gift deed is executed, any payment of rent received by your wife in respect of the said property will be clubbed in your hands and therefore no benefit will flow to you even if you claim HRA
550 Yes, Service Tax is applicable on the service portion in the execution of works contract. Currently, the abated rate of service tax on contract value is 4.5%
551 Yes, you can give the two flats on rent and claim deduction in respect of interest paid in respect of the home loans on the two flats in your return of income.
552 If you invest the capital gain arising from the sale of residential flat in another residential flat then the provision of section 54 of Income Tax Act shall apply (i.e selling of one residential property and purchasing another residential property within within 1 year before or 2 years after the due date of transfer of the Property sold or construct a residential house property within a period of 3 years from the date of sale of property).
Accordingly capital gains so arising shall be exempted. Further the new residential flat so purchased should be held by you for subsequent period of 3 years. If the said condition is satisified and purchase cost of your new property is more than capital gain then entire capital gains will be exempt.
553 According to Section 56(2) of the Income Tax Act, the gift of flat received by your daughter shall be exempt, as it is a gift received from relative. On registering the gift deed the stamp duty and registration fees needs to be paid. There will be no gift tax on the said transaction.
554 The liablity to pay service tax is on the service provideer (builder in this case). Service tax department cannot raise demand on the buyer of the property to pay service tax on behalf of the builder.
555 This is a very generic question. However, it would depend upon the facts of each case. Under the VAT regime, many States had introduced composition scheme with tax rates as low as 1%, without Input Tax Credit (ITC). There is no such composition scheme under the GST regime. At the same time, builders would be eligible to claim ITC on inputs/input services used in the execution of works contract. It is believed that the overall tax cost on sale of under construction property would increase marginally to 4-5% under the GST regime depending on the area.
556 GST is levied on amount payable prior to the issuance of completion certificate. In case of supply of duly constructed property, no GST is payable.
557

Are the grounds for delay due to force majeure conditions, beyond the control of the developer?

If not, can you please elaborate the terms in your agreement? Is there a termination clause in the agreement? What is the possession date specifically mentioned in the agreement?

On grounds of inordinate delay, you can approach the developer to amicably settle the matter. However, if that does not work, you can approach RERA authorities of your state to resolve the matter. 

558

RERA registration is required in case a project needs to be marketed. If no flat has been sold in the current project and builder does not intend to sell any unit till OC is received, he is not required to register under RERA.

559

 

You can cancel the booking if the promised date of possession is revised.

560 You have to file a suit and get an injunction against the developer from creating third party rights in respect of the offices sold to you and further that any agreement done by him in favour of a third party would be subject to your rights in the offices. Further, unless you are able to prove payments made in cash (if the same is disputed by your builder) then seeking compensation to that extent would be difficult. Further, any payment received from the developer in settlement of your claims in the offices would be liable for taxation. Same would be short term or long term gain depending on when you bought the offices and when you received money from builder towards the same.
561

Certificates are required only when we want to withdraw money from the designated accounts. It is not required for just updating details of the product.

 

Please find excerpt from Act, to give you more details on the same.

 The promoter shall, upon receiving his Login Id and password under clause (a) of sub-section (1) or under sub-section (2) of section 5, as the case may be, create his web page on the website of the Authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, for public viewing, including— (a) details of the registration granted by the Authority; (b) quarterly up-to-date the list of number and types of apartments or plots, as the case may be, booked; (c) quarterly up-to-date the list of number of garages booked; (d) quarterly up-to-date the list of approvals taken and the approvals which are pending subsequent to commencement certificate; (e) quarterly up-to-date status of the project; and (f) such other information and documents as may be specified by the regulations made by the Authority.

562

A similar question has been answered in the forum. Please check this link

563

This is very variable and can range anywhere from 3-6 months rent.

564

We would suggest you to check this detailed post here: How will GST affect Homeowners and Housing Societies?

565

There is no limit to the number of students you may coach. Mumbai DCR Regulation 51(i) states: Apart from residential use,  Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone. 

"Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried out by a member of the family residing on the premises without employing hired labour and for which there is no display to indicate from the exterior of the building. In other words, you or a family member must reside in the flat, must not have employed labour for the purpose of classes and there must be no display in the exterior of the building advertising your classes.

You may have to read the govering by-laws of your housing society to understand if you would require permission for conducting classes.

566

Agreements executed prior to May 1st, 2017 don't need to be remade again.

567

 In accordance with notifications issued by Urban Development Department of Government of Maharashtra, MR & TP Act is applicable to all the districts of Maharashtra. Hence, all areas of Maharashtra are included in Planning Area as defined in Section 2(zh) of the Act

568

As per the current rules, any project flat having Occupation certificate is not liable to pay GST, for sale of flats.

569

 As per definition, builder cannot add balcony area or pocket terrace area as a part of the carpet area. However, it can be separately mentioned in the agreement as a disclosure to a prospective purchaser. They may be included in the lumpsum price of the apartment.

570

Personal Loan for Home Improvement. Home improvement loans are designed for the purpose of renovating a house and can be taken by a person who owns the property to be renovated. These loans are given for a maximum term of 15 years and interest charged on these loans lies in the range of 9.5% to 10.5% per year.

 

Following are  the documents required to avail a home improvement loan

Proof of both identity and residence (any 1)

Valid Passport

Voter ID Card

Aadhaar Card

Valid Driving Licence

 

Proof of income

Income Tax Returns along with computation of income for the last 3 Assessment Years

Last 3 years’ Balance Sheet and Profit & Loss A/c Statements, with Annexures / Schedules

(Points 2 & 3 should be of both the individual and the business entity and attested by a CA)

Last 6 months' Current A/c Statements of the business entity and Savings Account Statements of the individual

Other documents

Business Profile

Latest Form 26 AS

List of Directors and Shareholders with their individual shareholding certified by a CA / CS in case of the business entity being a company

Memorandum and Articles of Association of the Company

Partnership deed in case of the business entity being a partnership firm

Details of ongoing loans of the individual and the business entity including the outstanding amount, instalments, security, purpose, balance loan term, etc

Passport size photograph of all the applicants / co-applicants to be affixed on the Application Form and signed across

Cheque for processing fee favouring ‘HDFC Ltd.’

Own Contribution Proof

Property / Home Improvement related documents

All original Title Deeds of the property

Proof of no encumbrances on the property

 

An estimate of the proposed work from an Architect / Civil Engineer

571

 It should be noted that home loan EMIs will not go up since service tax is not levied on them and hence they will not be taxable under GST. However, loan processing fee and prepayment charges, etc., where service tax was levied will go up nominally, on virtue of GST

572

Personal Loan for Home Improvement. Home improvement loans are designed for the purpose of renovating a house and can be taken by a person who owns the property to be renovated. These loans are given for a maximum term of 15 years and interest charged on these loans lies in the range of 9.5% to 10.5% per year.

 

Following are  the documents required to avail a home improvement loan

Proof of both identity and residence (any 1)

Valid Passport

Voter ID Card

Aadhaar Card

Valid Driving Licence

 

Proof of income

Income Tax Returns along with computation of income for the last 3 Assessment Years

Last 3 years’ Balance Sheet and Profit & Loss A/c Statements, with Annexures / Schedules

(Points 2 & 3 should be of both the individual and the business entity and attested by a CA)

Last 6 months' Current A/c Statements of the business entity and Savings Account Statements of the individual

Other documents

Business Profile

Latest Form 26 AS

List of Directors and Shareholders with their individual shareholding certified by a CA / CS in case of the business entity being a company

Memorandum and Articles of Association of the Company

Partnership deed in case of the business entity being a partnership firm

Details of ongoing loans of the individual and the business entity including the outstanding amount, instalments, security, purpose, balance loan term, etc

Passport size photograph of all the applicants / co-applicants to be affixed on the Application Form and signed across

Cheque for processing fee favouring ‘HDFC Ltd.’

Own Contribution Proof

Property / Home Improvement related documents

All original Title Deeds of the property

Proof of no encumbrances on the property

 

An estimate of the proposed work from an Architect / Civil Engineer

573

We would suggest you to check the detailed blog post about the same. Please visit this link

574

It is not mandatory for all societies yet.

As per the latest circular issued by MCGM (dated 18th July, 2017), societies that produce on an average of 100 kg of waste daily need to segregate and process waste at source.

It is always preferred that all societies segregate and process waste inhouse to lessen the burden on dumping sites.

You can get more details about this directive of the civic body in our blog post

575

no

576

577

iod is in

578

BCC is the Buildng Completion Certificate.  

Procedurally the Regulations Require you to Obtain the Building Completion Certificate from the Planning Authority, After the Construction is Complete as per Approved Plans and as per Permissions granted.

After which the water Connetion should be Obtained from the Water Department and then Occupation Certificate should be Granted.

But Due to the Ease of Doing Business Initiative .The BCC Buidling Completion Certificate and OC - Occupation Certificate is Granted Together. 

 

579

1.5 Meters ( 5 Feet height) 

580

DRC Stands for Developments Rights Certificate.

It is as per the TDR Policy wherein DRC is Granted when any Reserved Land in Development Plan is Surrendered to the Municipal Corporation Free of Cost in Leiu of TDR, Which can be Sold in the Open Market by the Land Owner as TDR.  

581

This question has been answered here. https://www.questate.in/question/how-many-students-can-be-taught-at-a-time-in-my-residential/

582 It is safe if following steps are adhered to: 1. Check the background of the proposed tenant; 2) Prepare an Agreement with clauses for: (a) Licence fees, (b) Deposits, (c) Recurring charges like electricity, phone bills etc. to be borne by?, (d)Terms: like rental payments due dates, renewal of term etc., (e) Lock in period, (f) Termination, (g) liquidated damages, (h) To establish complete right of the owner along with his/her right to inspect the apartment at regular intervals.; 3) Chk police verification done by local police station; 4) Register the agreement with competent authority.
583 There is no law, it is generally decided mutually.
584 It is a very subjective question that can be answered on a case to case basis. Are you looking to buy and lease a flat in a distant suburb of mumbai just as an investment, but prefer that you are close to work and want to rent another property there ? Or are you planning to ensure that rental income of one place is used to offset the other. There are too many reasons why this may or not may not be the best possible option to do so
585 An instrument creating a lease of immovable property for a term of one year and above is required compulsorily to be registered by virtue of provisions of Section 17 (d) of the Indian Registration Act. Therefore, Leave & License Agreements were being executed for a period of 11 months with the intention to avoid the stamping and registration of such agreements and treating such agreements as a Lease of the immovable property. So that the occupiers of such premises could not invoke the provisions of the said Bombay Rent Act against their eviction. Secondly in respect of Flats in a registered Co-Operative Housing Society, period of sub-letting was restricted to eleven months with the provision of extension for similar period of part thereof, as per Bye-law 45 c of the old Model By-laws.
586 Refer to : (1) clause of 'lock in period'in your agreement, if it permits, you may send due notice to your tenant for vacating the premises. (2) If the tenant is not maintaining your premises as required by him/her, you may send him/her notice to vacate the premises.
587 It is decided mutually.
588 Any property which is leasedwould be governed by the Transfer of Property Act and property let on monthly tenancy basis would be governed by Rent Control Act.
589 If a person staying on rental (pagdi)/MOnthly tenancy basis then he is protected under rent control act. However, Property let out on leave and license basis prior to February 1973 to a Licensee, are since February 1973 treated a Deemed Tenant instead of Licensee, by virtue of an amendment to the Rent Act.
590 Ideal way is to either give an advertisement in local news paper or inform brokers dealing in rentals about the availibility of an office premises on rental.
591 If the mother is not alive, then the Daughters can take legal action by filing a suit for the eviction in court. Else, the daughters can take a Power of Attorney from the Mother and file a suit for eviction. 
592 No, the law does not permit forcible eviction. Eviction can be done only by following due process of law.
593 Are these people occupying properties on rental through Pagdi, by way of Lease agreements or forcefully? In case of pagdi system, it will be difficult process as they will be protected under rent control act. In case of forceful occupation or lease agreements one can take help of a lawyer and file a suit for eviction.
594 Detailed information for the same can be found here. http://www.incometaxindia.gov.in/Acts/Transfer%20of%20Property%20Act,%201882/102120000000008804.htm
595 A debutter is an endowment much less a trust although it can be created through the medium of trust in which the property vests in the trustees and the deity /God is the beneficiary. Not necessary that debutter be always a registered deed.
596 No, tenancy can't be alienated. it goes back to the owner after death of a tenant if no one is staying with the tenant. Owner can transfer the tenancy in the name of a spouse or a son living with the demised person.
597 Yes, by serving legal notice of eviction to the tenant.
598 Tenancy at Will is a vague concept. It will depend on facts of each case. Tenancy usually entials payment of rent to the Landlord.
599 It will depend on the terms of the Business Conducting Agreement. If possession is granted to the party, then eviction of the party will be only through a Suit in a civil Court. Leave and License is better.
600 Lease is governed under the provisions of the Transfer of Property Act. Tenancy if governed under the relevant State Rent Statutes.
601 Insert appropriate caluses in the Lease Deed to that effect.
602 One can place an ad in the newspaper or refer to various online portals available to find properties available on rent.
603 Suit for eviciton can be filed only if Lease is terminated. The outcome of the Suit will be dependent on whether the Lease has been validly terminated and for just reasons.
604 No, mere payment of rent will not tentamount to renewal, for the renewal of the lease agreement one has to registered the lease agreement with the office of the sub registrar
605 Lease agreement can be terminated only if lessee has violated terms and condition of the agreement. Lease can be terminated by giving a notice in writing to that effect.
606 For non payment of lease rent and for violation of the terms of the lease.
607 Yes, it freezes the rent to a large extent and does not permit Landlord to increase rent arbitrarily. Plus it also provides protection against unjust eviction.
608 One has to look at the terms of the rental/lease agreement. Standard practise is to give 1/3 months notice period before vacating. If there is no such provision in the agreement then one can stop paying rent after vacating the house.
609 Question is vague. Mortgagee would have possession only of Mortgagor has not cleared dues/loan. WOuld all depend on terms of the Mortgage.
610 Normally Owner or the lessor as the case may be would not permit sub letting the premises.
611 Leave and License is the safest way to let out a residential flat. Mostly all states have a competent authority to go to for violation of the terms of the leave and license and/or for eviction. So u dont have to go to Court. If Leave and License if for a period over 5 yeaars, then its treated as a Lease and thus requiring to go through a civil court to redress griviances, which is time consuming. 
612

There is no one correct answer for this question.

 

Ideally, the center of the television should be at eye level of the viewer. However there other factors like distance from the television and

the Screen Size of the televison that also play a role in deciding the height.

 

That being said, the optimum height of the Television (measured from the center of the TV) is calculated like:

Most sofa seating heights = 18 inches approximately

Eye level for an average adult seated in a relaxed manner = 24 inches approximately

 

Optimum Height of TV (measured from center) = Sofa Seating Heights + Eye level for an average adult seating in relaxed manner

Optimum Height of TV (measured from center) = 18 + 24 inches

Optimum Height of TV (measured from center) = 42 inches

 

613

While majority of the people still use normal plain glasses in French windows, Safety Glasses are considered to be the best fit.

You can select either from Tempered Glass or Laminated Glass.

Tempered Glass is stronger and more durable than regular annealed glass. Also upon breaking, it will shatter into dull, 

rounded cubes as opposed to sharp, jaggered pieces.

On the other hand,  Laminated glass is another type of safety glass that protects against wind, heat and impact. As an added benefit, Laminated Glass also reduces glare and controls UV radition.

614

In the recent years, Indian real estate market has had several ultra-luxury projects.  India’s ultra-high-net-worth individuals have shown a keen interest for expensive and luxurious housing. A house in a coveted locality is not enough. The house should have the perfect balance of high standard of living and premium quality of amenities.



There is over a 100% rise in ultra-luxury projects. During the year 2007-11, there were 5,870 units that were launched. Post 2012 it has been noticed that about 11,819 ultra-luxury projects have been already launched. Gurgaon, Mumbai and Bengaluru have witnessed the maximum number of ultra-luxury projects.  Key luxury housing markets have witnessed steady appreciation in prices over the last few quarters.



As per a report by Ernst & Young and Kotak Wealth Management, the number of ultra high net worth individuals in India, which was 1,17,000 in 2013-14, is projected to nearly triple to 3,43,000 by 2018-19. Industry reports estimate that close to 40% of the Indian luxury consumers are living outside of metros. Increase in income, lifestyle standards and accessibility and availability of luxury brands in the country have changed the face of the luxury in India. Apart from the metros, cities like Bangalore, Chandigarh, Gurgaon plus tourist destinations like Goa, parts of Himachal, Kerala etc. especially from the point of view of the second home market are witnessing gradual increase in luxury housing market. We estimate that over the next 15 years, there will be a need for 1.5 million luxury homes in India. The Indian millionaires and billionaires look to invest in luxury homes, both for themselves and for their children thereby increasing the numbers. 



Outside of metros, the cost of living is low, while income might be high. This means that their disposable income is higher than in the metros, such individuals will be looking to purchase luxury properties within their city. With the growth of such individuals, we see the demand increasing more outside the metros.

616

White colour is generally preferred for walls. It makes the room more spacious. You may add colour to the room by having different coloured pillows / curtains / upholstery. This will make the room feel more brighter and modern. 

617

Typically, light fixture wall switches in standard applications are set so that a standard 4-inch wall box is somewhere between 48 and 52 inches from the floor. There are a couple of advantages to this. First, this puts the switch at a comfortable height for most people in a standing position. Second, it makes for easy installation of wallboard during home construction. Standard sheets of 4-ft. wide wallboard are installed horizontally in most new home construction, and if switch boxes are set at about 48 inches from the floor, it allows for easy measuring, marking, and cutting of the wallboard panels to fit.  The switch box can installed so either its top or bottom is at the 48-inch mark, or it may be centered on the mark.

Execptions to this rule are for switch boards mounted above countertops, next to the bed, or for handicap people.

618

We suggest using shades of yellow, turquoise, light greens for pillows. These will go very well with the grey couch.

619

Most houses with wooden doors and door frames experience Jamming during the monsoons. 

This happens mainly because wooden doors and door frames get swollen up by absorbing the moisture in the atmosphere. Bathroom Doors and Door Frames are more susceptible to absorb moisture compared to all others.

One of the most common solutions is to apply Weather Proof Paints or Polishes.

People buying new appartments keep this in mind and install Granite Door Frames and FRP doors for bathrooms.

 

620

While both Lacquer and Varnish are used for finishing wooden furnitures and artifacts, they have different applications due these basic differences:

Laquer is used for the Finish or Top Coat. Over time it begins to discolor and scratched. It is applied via a sprayer and in very thin layers compared to other finishes.

On the other hand, Varnish is used for Intense Glossy Finishes and is protective by nature. It also provides protection against UV Light. Application of Varnish is usually carried out using a natural bristle brush.

621

According to RERA, every real estate agent registered under section 9 shall—

  • not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority; Obligation of Authority consequent upon lapse of or on revocation of registration. Registration of real estate agents. Functions of real estate agents.
  • maintain and preserve such books of account, records and documents as may prescribed; not involve himself in any unfair trade practices, namely:—

(i) The practice of making any statement, whether orally or in writing or by visible representation which—
- falsely represents that the services are of a particular standard or grade;
- represents that the promoter or himself has approval or affiliation which such promoter or himself does not have;
- makes a false or misleading representation concerning the services;

(ii) Permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered.

  • facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be;

  • discharge such other functions as may be prescribed where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act:

  • Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building, as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act.

This means it is the liability of a developer, if some issue has occurred due to which the developer is responsible

622

No.

While purchasing a property in a building with OC, no GST is applicable.

623

Property Card can be obtained here - http://prcmumbai.nic.in/jsp/propertyNew.jsp

The 7/12 extract can also be accessed from the Maharashtra Government’s website but it can be used only for informational purpose and not for any legal purpose. To view the 7/12 extract:

Go to the website of the Maharashtra Government by using the following URL: www.mahabhulekh.maharashtra.gov.in
(a) A district map will be displayed. Click Konkan to view the 7/12 extract of a property in Mumbai.
(b) Select the Taluk and Village names from the corresponding lists.
(c) Select any of the following options and enter the required details to search the 7/12 extracts.

 

624

Deductions on interest are limited, if your payment towards interest is more than the stipulated limited permitted under the IT rules, then that much amount will be disallowed whilst computing your income and further, you will be charged notional rent as income from the second flat (on and from receipt of possession of the second flat), even if the same is not rented out then.

625

The right to admit execution of a document before the registration authorities can be granted to someone by way of a Power of Attorney. An NRI can execute such Power of Attorney before the Indian embassy at the place where such NRI resides and forward such Power of Attorney to India for adjudication and payment of stamp duty and thereafter, such Power of Attorney can be used to admit execution on behalf of the NRI by the Attorney (Nominated person) under the Power of Attorney.

626

The following taxes apply on a reslate flat: 

1) 5% Stamp Duty (Consideration Amount or Market Value of the flat, whichever is higher)

2) Registration (1% of consideration or 30000/- whichever is lower)

3) Capital Gains Tax - 

  (a) Short Term - If you sell the flat within 3 years of possession, a 35% short term capital gain tax is applicable on the gain. Gain is calculated as the profit earned at sale. 

  (b) Long Term - If you sell the flat after 3 years of possession, a 20% long term capital gain tax is applicable on the gain. 

Gain = (Sale Price - (Cost Inflation Index in the year of sale / Cost Inflation Index in the year of purchase)  * purchase price). 

eg. 

You purchased a flat in FY 2013/14 and sold it in FY 2016/17

Purchase Value = Rs 1,00,000 in 2013-14
Cost Inflation Index value in 2013/14 = 939
Cost Inflation Index value in 2016/17 = 1125
Sale Price = Rs 4,00,000
Gain = 4,00,000 - 1125/939* 1,00,000 = Rs 280191.69
Tax = 20% * 280191.69 = Rs 56038.34

 (c) No Long Term Capital Gains is applicable if you invest your capital gain (as calcualated in (b) above) in another flat 1 year before date of transfer/sale or 2 years after date of sale/transfer. If you purchase in an under construction flat, you must ensure that the possession of this flat must be within 3 years from date of transfer/sale.

627

You can execute a gift deed of the property by paying appropriate Stamp Duty and register it in favour of your mother.

List of necessary Documents :-

1. The present title deed 
2.  Share Certificate 
3.  Electricity Bill 
4.  Maintenance bill 
5.  Occupation certificate

The time frame depends on the lawyer to draft a gift deed. Once your papers are in order shouldn’t take much time. After document is registered, you will have to make application for transfer to the governing body (mostly CHS, in case of Flat) and submit application as per norms of such governing body. The body will take its own time to approve the transfer papers (generally in Managing Committee meeting) but actual transfer is approved during General Body Meetings ( in case of CHS) so the time taken for the transfer can vary according to the governing body rules and regulations pertaining to transfer.

628

Yes. GST for Cement has been reduced. The GST on cement originally was 28%.

Now, the GST for Portland Cement, Aluminious Cement, Slag Cement, Super Sulphate Cement and Similar Hydraulic Cements have been reduced from 28% to 18%.

629

While everyone has a different opinion on this topic, the distance of the seating from the television is heavily dependant on the size of the Television.

The thumb rule is :

For HDTV

Optimal viewing distance = 1.5 to 2.5 times the screen diagonal

Thus for a 42" HDTV,

Optimal viewing distance = (1.5x42) to (2.5x42) = (63") to (105") = 5.4 feet to 8.9 or 9 feet

and

For 4K HDTV

Optimal viewing distance = 1.5 to 2.5 times the screen diagonal (to see extra detail)

Thus for a 42" 4K HDTV,

Optimal viewing distance = (1x42) to (1.5x42) = (42") to (63") = 3.6 feet to 5.4 feet

630

The Process of Redevelopment is vast to Explain.

However in a Box it can be Explained by understanding What is the Need of Redevelopment 

Building are getting  Old and some even Dilipidated 
Times have changed and the Design  Requirements have Changed (Such as Wooden Windows have been ousted by Aluminium French Glass Windows etc.. Small flat and room sizes with No attached Toilet concept in the Old Buildngs brings in a Need of Redevelopment as per Changing Times. 
Design is old fashioned and outdated, with no amenities

The Process of Redevelopment is to optimise the FSI/TDR not consumed by Exisitng Buildings and/or use the Balance Potential of the Plot/ Existing Building as per prevailing Regulations. It  can be Explored by a Feasibility worked out of the Project and by Existing occupants getting  extra area, Rents and Corpus etc.. The Extent of Area and Rent and Corpus etc is Depending on the Feasibility Study which isdependant on the Existing FSI Consu,ed and Balance Potential and Location of the Plot etc etc.... 
  

631

Yes Ofcourse, Why Not.

It would be Interesting to Know that Prior to the Right to Information Act and the East of doing Business Initiative

Only 30 to 40% of the Existing BUildings had OC.

Most of the Buidlings were without OC and yet have been Redeveloped 

 

 

632

Once the Submission is made to the MCGM with the Requisite Submission Requirements along with the Proposed Plans as per Regualtions and Duly Paying the Scrutiny Fee Thereafter.

The File is Processed in the Building Proposal Department and the Plans are Scrutinised the Cooncerned Engineering Staff to Process for the IOD.  

In Case the Proposal Needs Relaxations (Commonly Known as Concessions) Then the File is Processed to the Municipal Commissoner for the same along with the Report that the relaxation will not affect the health, safety, fire safety, structural safety and public safety of the inhabitants of the building and the neighborhood.Thereafter the IOD is granted.

 

Currently Under the EASE OF DOING BUSINESS INITIATIVE 

BMC Grants IOD/CC with Zero FSI on the Self Certifiation and Indemnity of the Owner pending Even Concessions if the same Satisfies the Terms of Ease of Doing Business Manual.

 

 

 

633

The BMC Estate Department is the Department which Maintains Records of the Lands and BUA Held by the MCGM.

The Functions and Services of the Department is pertaining to the Proposals for lease of Municipal plots , renewal of lease, Transfer of Leasehold rights, Recovery of lease rent, Ground rent etc.
Acceptance of Redevelopment of Municipal Tenanted properties, Leasing the plots to said proposed co-op Societies under DCR 33(7) after redevelopment is completed, Allotment of Tenements to project affected persons.
Scrutiny of the proposals of leasehold plots for redevelopment, NOC to addition alteration change of user etc., inspection of leasehold plots, and issue of Breach notice.
Allotment of staff quarters to the Municipal Employees as per norms Transfer of membership in Mun.Hsg. Societies.

634

The Term Loading is Associated with Loading of TDR in the MCGM Building Proposal File.

In MCGM TDR is Permitted to be Utilised as per DCR 34. The Process of Utilising TDR and additing to the BUA of the Projeft commonly Refered to as Loading of TDR.

 

 

635

Mumbai DCR Regulation 51(i) states: Apart from residential use,  Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone. 

"Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried out by a member of the family residing on the premises without employing hired labour and for which there is no display to indicate from the exterior of the building. In other words, you or a family member must reside in the flat, must not have employed labour for the purpose of classes and there must be no display in the exterior of the building advertising your classes.

 

Regulations seem to Permit but You may have to read the govering by-laws of your housing society to understand if you would require permission for conducting classes.

636

There are a lot of factors that affect your situation.

For starters, you need to approach banks/housing finance institutions with your requirement and papers to establish ownership of existing flat and shop as well as income proofs to establish your repayment capacity.

637

Almost all complaints against Secretary and Chairman of a Residential Co-Op housing societies can be made before the concerned Deputy Registrar of the Co Op Hsg Societies.

638

The solution for this heavily depends on the executed agreement and what terms it was executed. Generalized answer is not available for these kinds of issues.

639

Yes, you most definately can!

640

Your payment is made to the builder.

If builder has not given account to the Society, you have to ask the builder to make payment to the Society. Or you can also ask the builder to give account of the amount paid by you towards maintenance advance.

You need to carefully go through your agreement with the builder and your application for membership in the Society.

641

Check out the following article, explains everything in detail about Home insurance policy

 

https://www.housingman.com/news/safeguard-your-home-with-home-insurance-policy/

642

great adn nice questions

643

NIce answer and onsidersing more points also

644

Yes the pan number is compulsary for rent agreement and consider for the tax calculations. The New pan card applicant and application should be compulsary verified by the supperior and tenant should be sign by the agreements. The good and great nature of advices are given for them. You can refer more information form panseva. It is one of website for applying and tracking new pan card in easy way with cheap cost. The lending loan and leasing is also considering the pan card.

645

GST stands for Goods and Services Tax, which is a single indirect tax in India which has been lately delivered to subsume all different taxes like offerings tax, VAT, income tax, luxury tax, Entertainment tax, Excise Law and so forth. Anybody who is willing to start a enterprise in India whether or not as a service provider, as a trader or as a manufacturer is needed to get check in below items and services tax (GST).Gst registration is obligatory if your turnover is greater than 20 lakh or you're mandatorily prone to be registered like if you are a interstate dealer or e-trade dealer or e-trade market place etc...

646

As per the Income Tax Act, the parents or guardians of the minor can represent them for the PAN card application. For documents, the proof of address and identity of any of the parents or guardians of minor shall be considered to be the proof of address and identity for the minor applicant. However, if Aadhaar is selected as the proof of address, date of birth or identity, the Aadhaar of the minor should be filled out in the application form and not of the representative.

647

hey as i see you want to invest your money .  yes their is good and trusted real estate company in chandigarh. where you can invest you money. i had good experience with Bdesk. You can thier website - yourbdesk

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The Goods and Service Tax(GST) is a comprehensive value added Tax on the supply of Goods and services.GST will replace all the indirect taxes levied on goods and services by government.The main motive of GST is to reduce the cascading effect of tax on the cost of goods and services and create a common cooperative and undivided Indian market to maker economy strong and powerful.GSt will combine Central excise duty,state VAT entertainment tax etc under one banner.It will decrease the tax rate for many goods.It will increase the efficiency in tax administration.It will increase the proximity of our tax system to the global tax system.Visit here GST Software it may boost our economy.So GST is so important today.

652

Lots of steps are here to improve the writing skills. First of all, students should be perfect on writing and researching skills and they also take the useful points from the professional experts or hire the MBA project writing service for taking the writing tips and skills.

653

I think it will be helpful for all the students as well like if they unable to do the work on time then essay writer cheap is providing you a platform where you can get all the related assistance from the team of experts also if you need any type of paperwork then you can take it from here as they are available 24 hours for you.

654

I am a tenant of debutter property whole house, I would like to know what I can do for work purpose?

I would like to open montessori school or something like that, so am I eligible to do that as a tenant of Debutter property? Or need permission of my landlord?

655

I would suggest you to check out the Real Estate Consultants in Mumbai, they will help you out in this.

656

I would suggest you to consult with the Real Estate Advisory. They would help you in buying the Properties where you want to invest in the right property.

657

Floor Space Index (FSI) is an important parameter in any developing urban area. It provides one of the important bases for planning and development control. When correctly determined, FSI dictates the allowable built-up area on a given plot. On the other hand, it has also to be determined by way of translating land use policy, transportation management and matters governing urban density etc. Past reports show many policies related to FSI are neither methodically determined nor based upon any definitive weighting technique.

The assessment techniques, if any, are based upon land economics and not upon the ‘demand / need’. The available literature on the subject is linked with the impact of constructed space upon the urban fabric. This justification is advantageous, but may not give a directive principle in urban development strategy.

The Floor Space Index (FSI) is one of the important factors as it encourages the use of vertical space, rather than the horizontal. The evolution of philosophy of FSI concept is simple. In village planning, it is considered sustainability and availability of water and resources as a major factor.

The township planning gives more importance to residential housing considering the earning capacity of the individual through local body tax. The relevant acts are related to the suitable use of space. In one act, it considers the social and health perspective. In another act, it is recommended the mixed-use in villages considering non-polluting industry, hospitals, educational institutions, playgrounds, gardens, schools, with residential. In city planning, it considers the available amenities, approach to the roads, business activities, tax collection etc.(more)

 

658

The commercial real estate sector plays a crucial role in the functioning and economy of any metropolis, with its significance being even more pronounced in a city like Mumbai. Comprising properties such as office spaces, retail establishments like shopping centers and high-street shops, and industrial, technology, and warehousing properties, the commercial real estate sector is valued at an estimated ?2 trillion. 

Furthermore, Mumbai is home to India’s largest office space market, which is spurred by the presence of a plethora of domestic and multinational companies engaged in banking and finance, pharmaceuticals, shipping and importing, information technology, healthcare, and media, to name a few. 

Apart from income demand, Mumbai’s working population is estimated to increase from five million in 2019, with 20 million registered migrants annually, to nine million by 2030, thereby significantly increasing demand in the commercial real estate sector, which has the third-highest international passenger traffic in the world.

Most of India’s commercial real estate stock is situated in Mumbai, home to master-planned central business districts and special economic zones that cater to different sectors.

Most market development has occurred in 1920s Mumbai, while smaller infill developments have taken place in the suburbs and towns of the 1960s and 1970s, such as Bandra-Kurla Complex, Lower Parel, Andheri, and Goregaon, with new business districts more recently emerging in mill districts such as Parel and Elphinstone, and the erstwhile textile towns of Thane, along with integrated townships featuring IT parks and SEZs in Navi Mumbai. 

The primary stakeholders in the Indian commercial property market typically include three different entities: developers, institutional investors, and quasi-governmental institutions. The construction and selling prices of real estate in Mumbai have increased by 16.17% and 15.23% annually from 2015 to 2019, respectively. Other transaction costs include cess and surcharges, stamp duties, and local body taxes. The accelerated price appreciation has made current and new investors, including some marginal developers, more willing to offer purchased and leased properties for outright or joint venture redevelopment.(more)

 

659

Legal and Regulatory Framework for Running Tuition Classes in Residential Flats in Mumbai

Laws and regulations play a big role in the starting and closing of any business. This guideline must be adhered to. Similarly, when it comes to running Tuition Classes in Residential Flats in Mumbai or any commercial activity in residential properties, one has to bear in mind the various laws. To understand the current scenario, let us delve into the existing laws.

The Maharashtra Rent Control Act is one of the important laws where Section 158 deals with numerous restrictions on the majority of residential premises in Mumbai. Various municipal regulations elaborated under the Maharashtra Regional and Town Planning Act and other legal acts are also responsible for distinguishing between the regulations for sale, lease, rent, or usage of residential and commercial premises.

The main reasonable difference between commercial and residential flats, as per the law, is that a tenant cannot be evicted from a residential property exempted from the restrictions under the Maharashtra Rent Control Act, and in turn, the owner of the property has to pay a concessional cess tax.

There are also various guidelines that do not allow non-residential activities in residential premises. There are huge penalties for deviations initiated, during, or completed from the legal restrictions, including non-compliance with the conditions.

The society has the right to seal any non-licensed activities being carried out in a residential property. Many judgments have not distinguished between various commercial activities, including educational activities, when it comes to renting or subleasing, subject to the special conditions.(more)

 

660

Registration fees and stamp duty are inevitable costs that need to be met by every individual purchasing a flat. A deed of sale of immoveable property for the value of over a prescribed amount must compulsorily be presented either for adjudication or for registration. On failure to present the documents, such a document is made to lose legal efficacy and is not enforceable in any court. The main object of registration at the registration office is to give authenticity to the registered document regarding its execution, the identity of parties, justness to title and right, due execution, and consideration where a document is impounded for want of correct stamp duty, or where the defect is pointed out.

The system of registration of documents was first introduced in the Indian subcontinent by the British. They used 'paper' including the rule of law, administration of justice, sanctity of contract, and engagement for delivery and peaceful enjoyment of property. The registration fee was also intended to be a source of revenue.

The Indian Registration Act, 1908, is modeled upon English law, but there were very stringent and rigid formalities and compliance with the Indian Registration Act, 1871, which was unsatisfactory. The Indian Registration Act, 1908, has added many innovative features relating to registration, removal of defilement, prevention of fraud and forgery, and the validity of and checking the prima facie proof of execution and title.

The Indian Registration Act, 1908, authorizes the State Government to fix registration fees that shall be levied on the registration of documents. The object and purpose of the registration fee or the stamp duty under the Indian Registration Act, 1908, are both identification facilities as well as taxing property since registration is prima facie proof of title.

The consent, approval, or payment of fees is recorded in the index maintained in the registration office. The stamps impounded for non-acceptance due to the lack of payment of regular fees or fraud do not prevent the latter for want of correct and regular payment of proper registration fees or vice versa.(more)

 

ID Name
1 I am going to inherit a property, could anyone help me with the inheritance laws for an apartment or flat?
2 I am looking to transfer the ownership of my flat, any ideas or suggestions on how to go about the process?
3 I wish to register a gift deed but don't know the charges, does anyone know what the charges are?
4 What happens when I buy a property on land which is actually leasehold land?
5 If a flat is to be transferred from the owner to the society does it take very long?
6 What are the particular steps to follow for the registration of documents?
7 What is the procedure for obtaining conveyance of a housing society?
8 If an immovable property is to be transferred via a gift deed, are there any taxes to be paid on the same?
9 Is it legal for a society to charge transfer charges on a re-sale transaction of a flat?
10 Has there recently been a court order which restricts granting of permissions for new construction activity in Mumbai?
11 Can a property be transferred only between blood relatives?
12 Why it is important to register a document?
13 What is the process of buying a property if you are an NRI?
14 Is it possible to nominate someone to sign the registration documents while buying a property if I am an NRI and not physically present in the Mumbai where the property is located ?
15 When we were young, my father purchased a house in my sister's name. After that she got married and is now living with her husband's family. I am the only person living in this house. She has now issued a notice to me to vacate the house. I don't have any other place to go to, what do I do?
16 I own a property along with my brother and I want the property in my wife's name after the distribution, my family is also on my side but my brother is not agreeing, what can I do?
17 We have a few plots that we wish to sell. There are some plots in my father's name, some on multiple people's names and none on my brother's name. But when we are trying to sell my elder brother, who is a lawyer, is threatening the buyers. What do we do about this?
18 We own a piece of land in a society and have built our house in that society. We have also been staying there since 2004. We also possess all the electric bills as proof of occupying the property. But now the grandson of the secretary has sent us a legal notice for claiming false ownership of the land. What can we do in this situation to prove the ownership of the property?
19 How can one transfer a property from joint name to a widow's sole name?
20 There is a property that is in the name of a widow's late husband. Now we want to transfer it in the widow's name. What is the procedure we should follow?
21 According to HUF rules there can be nominee to my property and investments. Under my HUF, I own a property and multiple investments in the form of FDRs and others etc. I want to bequeath these investments to my nephew, how can I go about with this?
22 Firstly, can a will be broken? What needs to be the case, if it can be broken? Secondly, my wife's grandfather had a property and he made a will which stated that the property should be shared only between 2 children out of the 5. He promised agricultural lands to the other 3 children. But the will states that the three children will receive a sum of one lakh rupees from the 2 children who got the property. Now, one of them has claimed the money. Are there any chances that the other two would ask for equal share in the property?
23 Is it compulsory to mention the PAN number of the tenant on a rent agreement?
24 I was forced to rename my residential property in my father's name. After doing, this my brother convinced my father to sell all of it. Although, my father has let me live on part of the property, I am worried that he will also sell the part that I currently occupy. If this does happen, what can I do to prevent it?
25 What do I do if at the end of the lease term the landlord refuses to refund my deposit?
26 My father owned a property. He died two years ago, leaving behind are his wife and two daughters. The flat's ownership was never transferred to my mother's name. What happens to the property if my mother passes away? Also, please guide us on the procedure to transfer the property in my mother's name.
27 I own a two storey building in my name, although I did not have enough funds to undertake the whole construction so I asked my brother to pay for the construction of the first floor. But there was no written document. We also agreed that I would buy the flat from him after I can, when my kids grow up. He owns a separate house now, but he isn't willing to sell the property to me even when I am ready to pay more. What can I do about this?
28 We are a family of 7 brothers and own a commercial property. The ground floor has been sold to someone, and we own the rest of the floors. When any of these other floors are sold, how will the proceeds be divided among the 7 brothers?
29 During the registration of a property, is it possible for an absolute GPA holder to appear before the registering authority on behalf of the original owner/allottee?
30 When my mother passed away, a property which was in her name was transferred to the joint ownership of myself, my brother and my sister. I have given my father power of attorney for this property. Can it happen that my father transfers my share to my sister without my knowledge?
31 I own a piece of land in Thane jointly with my three brothers. Now we have approached a builder to build a residential property on that land. We have received two offers from the builder. One, he will pay us 40-60 lakhs and 4 2BHK flats. Two he will give us a lumpsum amount of 2.5 crores. Will the proceeds from this development be taxable, and if so what will be the tax rate in each scenario?
32 I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
33 I bought a flat in Kolkata in a G+3 building which has 4 flats. The builder has sold a parking space to each of the four flat owners. But the plan originally had only 2 spaces. As it turns out, he has sold the passage as a parking space, and reduced the size of the security room to make room for another parking space. Can we take any action against the builder in this situation?
34 Mr. A owned a property. His son, Mr. B illegally registered the property to his name and sold some part of it to Mr. C who took the deed for confirmation, and to protect his purchase. Mr. B then sold the rest of the property to Mr. D, who also took the deed for confirmation. I have now bought the property from Mr. D. Does Mr. C's deed still hold validity?
35 There was a circular issued by the state to pay 5% vat on the flats that are constructed between June 20, 2006 and March 31, 2010. How much would I have to pay for a property that has an agreement value of 23 lakhs?
36 I am facing some issues with regards to the guideline values by the government. I had lent 10 lks to a friend, but he couldn't repay it to me so he give me a property which was worth 12 lakhs. The property is 30 lks according to the government guidelines so I am having to pay tax for the difference. Is there a solution to this?
37 How does one gift a property to one's wife and son? Can this be done even if the wife is already a joint owner of the property?
38 Is there a possibility that a property will get attached even if it is gifted to my wife and son
39 My grandfather wrote a house on my father's name in his will. But his will is not registered and my father has 7 siblings. In this situation, does my father have to share this house with his siblings? Also is my permission required by my father in order to sell that house?
40 Hi, I am Dhiraj. I and my family are currently accommodated on 1.5 acres of forest land. I wanted to know if there is any law in our constitution or any general regulation under which I can transfer the ownership of this land on my name?
41 My father in law has passed away, but my mother in law is still alive. My father in law has passed on the property to my husband. My question is, is this possible while the mother in law is still alive?
42 We are looking to buy a plot of land in Hyderabad. The plot is in the name of a lady who passed away some time ago. She left behind her husband and two minor daughters. If we want to get this property registered in our name, what documents do we need? Also, can the registration be done by the husband by proving the lady's death?
43 I bought a property in May 2013 with the capital gains from the sale of a property done in May 2012. When can I sell the property I bought in May 2013?
44 My grandfather has included me and my 3 brothers in his will, where in, we each own 200 yards of property. I also have a sister whose name is not mentioned in the will. Now, I want to start constructing on my part of the property but according to the will my father is the caretaker for as long as he is alive. Please advise on how I should go about this.
45 Is there a procedure to get new property papers made from the photocopy of the papers? The original papers have gone missing. This is about my house in Delhi that is in the name of my late father. Also, the property is on the power of attorney basis.
46 Are there provisions for a written statement, given in front of witnesses, being considered as a will by the government? My father with 2 witnesses wrote such kind of a letter mentioning my brother as the sole beneficiary of his will. Can this document be considered a will in the court? Note that there was also one medical practitioner present, at the time when this letter was written, to certify the well being of my father's health.
47 I own a 1BHK flat in Virar. I am interested in buying just one of the rooms of my neighbour's house (1BHK) which is on sale. The room in question is adjacent to my flat. I am okay with my neighbours selling the remaining 1RK to any other buyer. I wanted to know what's the legal procedure where I can buy just that one adjacent room of the house?
48 I have been staying in a flat in Chennai for the past 10 years. For the first 3 years, there was a proper written rental agreement and post that, it has only been done verbally on mutual consent. Now, as I have heard from various sources, the owner has a tendency to deduct the deposit amount using some baseless reason and give it to the tenants when they are planning to vacate. Is there any legal procedure through which I can get back my complete security deposit?
49 Am I needed to do a fresh registration process for buying off my share from a flat that I own with my brother? Here, I am the primary member and my brother is the associate member of the society.
50 What happens in a case when there is no will and one of the siblings demands a larger share from the ancestral property on the basis of the reason that he/she is the eldest one? Can anything be done?
51 We are a family of 3 siblings and a mom, our dad passed away. Me and my one sister are married. We own a property that is a one storeyed building, now we wish to take a loan on the same and build another one for my unmarried sister. But the bank says that we cannot take the loan as my mom is above 65+ years of age. What is the procedure to transfer the house in my unmarried sister's name?
52 My husband and I own a joint property for which I paid completely. Now, we are headed for a divorce and I want the property to myself but my husband is not agreeing to this. What can I do to get this done?
53 I need advise in dealing with the owner of a flat that I purchased recently as he is not signing the transfer documents when the full and final consideration has already been paid. He is asking for additional money for doing this. The sale deed is already registered. Please suggest.
54 The value of my ancestral home is 10 crores. We are a family of three brother and four sisters, my father passed away in 1987. My brother got a relinquishment deed signed by all of us, stating that everyone will get an equal share. One of our brothers who has now passed away, had refused to sign the deed. He has a family of three sons, a daughter and his wife. Now, my brother has gotten the property transferred in his name and built a four storey house. How can I get my share out of this?
55 We are a family of two brothers and one sister. My elder brother passed away, he does not have an heir to his property and bank balance, as he does not have a wife or any kids. Who is the next heir for his property and bank balance?
56 We are a family of two sisters, me and my mother. My father passed away recently, what happens to his property now? Does the property go in the mother's name or the children's name?
57 My great grandfather got a property as compensation from the indian government, back in 1956 as he moved from Pakistan. We have the old legal papers to that property with us. My great grandfather never lived in that house. Now, someone else lives there. What do we do about this situation? Are the old papers still valid?
58 I jointly own a flat along with my brothers. I have done the complete payment for this flat and now I wish to take their name off the agreement to avoid the requirement of their signature when selling the flat. Please suggest a feasible process for the same.
59 Is there any tax on the gift deed in Mumbai? What is the rate if it is applicable?
60 I wish to get a share in my ancestral property. But the property isn't divide properly, between him and his brothers, and neither does my father want me to have a share in it. Is there any law that can help me get my share?
61 My grand father had a plot, which he received as a gift and also has all the related documents required for ownership proof. How can we get this property as we aren't able to go to the location and what all documents do we require?
62 My friend has a property, which has a will that states the heir of his property. He passed away recently. In the past he was married for ten years and had two daughters in that period. He then got a divorce and some years later was in a live in. The will states the woman he was in a live in with as the heir of the property. Do the daughters have any legal rights to this property?
63 My grandfather has 7 children, 5 daughter and two sons. Although, they have their own property they are staying in my grandfather's property. They do not have any heirs. Can the children of the other their children claim the property as three of them are unmarried. We require the property as my mother is widow and my other sister is living on rent and all of this is a problem. What do we do to claim the property?
64 My dad had divided our flat between me, my sister, my mother and my uncle. My mother had 50% share, me and my sis got 20% each and my uncle got 10%. Please note that my uncle has not been staying with us for more than 25 years. Now, he is demanding for 50% of the share. What do we do?
65 I am planning to get an Australian citizenship, for which I would have to surrender my Indian passport for the same. Will this have any impact in my properties in Delhi? Is there any documentation for this process? and more importantly, my family would also have an Australian citizenship, so will they be able to use the property?
66 We have given a flat on rent which was in the name of my grandfather, it has been on rent for the last 30 years. My grandfather passed away and the tenants have submitted an affidavit. Should I enter my father and uncle's name(the heirs to the property) in the affidavit?
67 I am planning to buy a villa from a builder in Bangalore. The land is under landowner share. All the land required for the villa has already been sold out. What is the risk for this purchase? The builder is also under JDA.
68 I live in Houston, Texas. I own a villa in Hyderabad, someone is interested in buying it. Can I give the power of attorney to my mother and go ahead with this sale? The buyer is concerned about the validity of the agreement. I won’t be able to be there physically for a long time. What do I do about it?
69 My sister and I reside in Mumbai, she is already married.We want to know the claims in our ancestral property. My sister is asking for equal rights, but I don’t wish to give her an equal share. Is she legally correct to ask for an equal share. Also, am I legally allowed to give her a lesser share?
70 We bought a plot only to realise later that one of the documents are missing from papers required for the transfer. What do we do to avoid such situations in the future?
71 I wish to purchase a house in India, I am of indian nationality, but live in Tanzania. Can my mother purchase it in my name through power of attorney, as I won’t be able to be physically present for a long time. Are there any alternate ways of doing this?
72 Same as above.
73 I want to make a friend the POA for my property in Kolkata, to undertake procedural work and to sell this property later on. Will a POA typed and signed on a plain paper, attested by the local indian consulate be enough? Or does it have to be printed on an Indian stamp paper?
74 I have two children from my ex wife and my present wife is okay with them, we haven't adopted any children. How will my property and my ex-wife's property be divided among my children?
75 My brother bought a house on loan in Bangalore and completed the loan tenure after which LIC returned the sale deed but did not return the original sale agreement and the construction agreement, we did not bother then. Now when we are willing to sell the flat the bank giving the loan to the buyer is asking for these documents, what do we do in this case? We tried contacting LIC but they said that they destroyed old documents.
76 I have three children, two sons and a daughter. I have one house in Jaipur, now I wish to buy another. I want to name in one of my children's name. In whose name should I buy it?
77 I have 2 flats, both with different owners. One is a single ownership and the other one is a joint ownership. We want to exchange the ownership, is it possible? What is the process?
78 My father had a land of 40 bighas. He passed away recently. We are three sister,we have a brother and a mother. All the siblings are married. Now they are refusing to give us a share in the land. What do we do?
79 Can I sell a property without involving the assigned power of attorney at the time of purchase? Or do I need to get this property transferred in my name before the sale? If yes, what is the procedure?
80 What is the legal format to bequeath the property to my children through a will, what would be the correct wordings?
81 i wish to transfer a property to my mom's name. this property is in my grandmother's name but my dad had paid for it. My grandmother and dad both have expired. My dad also had a sister, so she'll have a share in the property as well, as the property in my grandmother's name. We don't want this to happen.
82 We had a property in the name of my grandfather, he made three nominees to this property including my grandmother and his two sons. My grandfather passed away 3 years ago, does this make the nominees the owners of the property? Also, can we add a new nominee or share holder in the property? Can the nominees add new nominees to the property?
83 i want to know if this will make sense in the current scenario. The will was made by the successor of the property after the death of the original owner. The rights are given to the successor's bother's son, but now the son has 5 brothers. Is this will valid?
84 I have a property that is in the name of my father and his brothers. All of them have passed away, my cousins are staying in that property and aren't willing to share it with me, I filed a partition suit against them, but they did not even turn up at court on the dates provided. Now, who would bear the chargers of the legal notice publications and is there any other option to settle this other than mutual agreement?
85 Irrelevant question
86 I want to know if I can split a property that was split between four people then transferred to a single ownership. This is a property that was owned by my father and then divided between us four brothers as a settlement deed, we built one floor for each brother and then through a way of settlement between the brothers I got the property to myself, now I want to split it between my wife and two adult children. Is this partition deed possible?
87 Are there any set of rules that are to be followed regarding the division of the property after the demise of the parents. And will the property be carried on to the children of the sister in case of her death?
88 I wish to transfer the flat we own in my mother's name. This property was in my father's name. And he has nominated his brother in the back accounts. He passed away a month ago and I want to transfer all these things in my mother's name. I have a younger brother as well, we are not very well off so please suggest a feasible option. Thanks!
89 I am facing some problems with a buyer for my plot in lucknow. He wanted to buy it, gave a 10% advance and then promised to pay the rest of the amount after 90 days. It has been 19 months and he wishes to buy it, but on the old rate. The rate has gone up by 25%. I don't wish to sell it at the old rate. Now he is threatening me and saying he would take me to civil court. I also tried to return his advance, but he did not accept it. What can I do about it?
90 Are there any repercussions if a sale deed is not transferred into an absolute sale deed? I have a house site that I had purchased 20 years back and I still haven't registered it as an absolute sale deed, could this be a problem?
91 What happens about the property if the father dies without a will and if he has already disowned his son.
92 I have remarried and wish to protect my current wife and child from property issues. I had a flat in the name of my parents which I gave as compensation to my ex wife and her children. What should I do to protect my current wife and child?
93 I have a doubt about the share of a jointly owned property by a husband and wife. In case the Husband dies, then according to me the father's share would be equally divided between the children and the wife and the other half would solely belong to the wife. Am I right?
94 Could you guide me with the details of a partnership agreement. I booked a 2bhk flat in a partnership agreement with a friend in a 67:33 ratio, the builder says that we would have to understand the agreement mutually, please guide me.
95 We want to transfer the flat we own in my mother's name. My father left this property without a will and we are the legal heirs to the flat, we want the same. Please help us with the procedure and details?
96 I want to know a few details regarding the gift of a property from my elder brother to my young brother: 1. can this be done legally? 2. if yes, what are the charges to be borne for the stamp duty and the registration? 3. What would be the fees for the lawyer who would do this gift deed? 4. What are the charges of the sub registrar?
97 Is it advisable to buy a flat on joint ownership for a senior citizen with his wife?
98 I have the POA of my brother's flat and we live in a joint family. Can I be a member with this apartment with this POA? Will I possess the right to vote in the apartment decisions? Also, can I be an active member of the apartment committee?
99 I jointly owned a flat with my wife and had made our daughter as the nominee. My wife passed away recently, so does this make me and my daughter the joint owners? Also can I sell it by taking the POA from my daughter as she is not in India? If this is the case, does the POA have to be registered? If yes, should it be done in India itself?
100 My Father invested in a property that legally belonged to his sister without any agreement. He then started a shop so as to recover the invested money via shop rent. After my father's death my mother has been running the shop for 5 years now. Since we do not have any supporting proof or agreement is there a possibility that my cousins take any legal action on us ?
101 Kiran has bought a land worth 40 lakhs from Aman. Kiran paid 10 lakhs to Aman as advance payment and still owes Rs. 30 lakhs to him. They have a written agreement that states that if the remaining amount is not paid to Aman, Kiran's registration will be foregone. Kiran has given the Power of Attorney of the land (which is revocable) to Ram for Rs. 15 lakhs. Kindly advice, if it is possible for Ram to register the land in the name of his wife before the Power of Attorney is revoked by Kiran?
102 Kindly resolve a few of my questions with regards to Demarcation. 1. What are the rules of demarcation of a land? 2. Under which act is the demarcation of land stated? 3. Does the Deputy Collector and the Magistrate have the authority to give the possession of a land which is demarcated? 4. What other legal actions can be suggested to obtain the possession of the land?
103 My Father had bought 2 properties in jaipur. After my Father's death my elder brother has falsely transferred one of the properties on his name. I have been living with my family in the same property for 19 years now. My elder brother has not only disconnected the electricity but also he is asking me to leave the property. Please advice as to how can I claim my father's property as I have had the possession of the property for 19 years?
104 My Grandfather had 5 children out of which my father was the only son. I am the only son to my father and I have 3 sisters out of which one of my sister is unmarried. My grandfather transferred all the property that he owned to one his daughters. My father expired in the year 2009. Can I claim my share in the property that my grandfather owned?
105 Is there a way to stop my mother to take decisions about her property, legally? I am saying this because she has messed up situations in the past. She joint ventured our house with a builder on terms of 50% each, after which she took out a loan on one of our flats and then wasn't able to pay it back so had to sell off the flat. She is trying to do the same with the remaining flat.
106 We have house in rural parts of India which my father had acquired this property through the separation about 40 years ago. We don't have the legal papers to this property but we have been paying taxes for the past 40 years. Can we claim this house now? Can my relatives create problems as their names are on the papers of the property?
107 I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
108 I have rented out my flat in Brigade Metropolis,Whitefield,Bangalore. The club house there is owned by the builder. The prices of this clubhouse are quite high and it is mandatory to pay these charges. The RWA has also agreed to the clubhouse by laws. The tenant in my flat doesn't use the clubhouse either. I don't wish to bare this extra cost. What do I do about this?
109 I own an apartment in a township, but the land is still in the developer's name. The local municipality is asking me to pay the tax but issues receipt in joint name of me and developers. Is this legal?
110 A year ago, my mother gifted me the house we live in and we have registered that house under gift. I wanted to know if my siblings can claim for any right in the property after my mother's demise.
111 My father had purchased a property and built a house on that property. Later, he allowed his brother to occupy that house for 30 years. Since he has lived in that house for so long, can he claim for a right in the property?
112 Raj and his father bought a land in 2008 (money was equally given by them). The construction on land completed in 2009, and Raj gave the entire amount of the construction. Raj has also taken a loan for the house. Whole land is registered in the name of Raj's father. Therefore, do Raj's brother have legal right over the land/house? Note: All the money for the construction of the land has come from Raj's account.
113 Shanti is 66 years old lady residing in Mumbai with her son since 2001, where she moved after her husband's demise in the same year. The land and house in her husband's name was not transferred to her. She wants to know the procedure of transferring the house in her name?
114 A father transferred his will to his son and grandson. His son sold the property without letting know the grandson and signed the registry. The property was later sold four times. Can the grandson claim this property now? If yes, what are the implications in buying it?
115 My grandfather has a house of 101 square yards which he has distributed amongst his four sons. Since I am the only son to my deceased father, I wanted to know how can we claim for a share in the property? Please advise me on how to legally resolve this.
116 My father passed away recently, he left behind a will on the property that he had earned throughout his life. This will although was not registered with the government. He made me and my mother the joint owners of one of his properties. What are the steps that we will have to take to transfer these property documents?
117 I have a house which is under construction at this moment and I want to make my friend partner or co-owner of the property. Is it possible to do so? If yes, what is the procedure?
118 My father and I have a bank account jointly where we maintain fixed deposit and he has updated me as nominee. Later, incase of my father's death will I be the only person to receive money or my siblings will also get?
119 Hi Sir, I want to sublet a tenanted premise in MHADA, which is in my deceased father's name. Can you please guide me on how I can sublet the tenanted premise? Also, I want to know what are the rights of a Sublette.
120 I have purchased an apartment in Bangalore, which is still under construction. Recently, Delhi High Court ordered Service Tax Exemption for under construction properties. When I asked my builder regarding the same, he said it is not applicable to the properties in Bangalore so I asked him for a justification which he will give me soon. I want your opinion in knowing if this is possible.
121 Irrelevant question
122 We are a family of 6 brothers. Our total property comprises of 4 pieces of agricultural land. We have also rented 2 rooms and a shop. Kindly advice, at the time of distribution of the property among us should we also consider the rented property i.e. the 2 rooms and a shop?
123 Blank question
124 Blank question
125 Is it allowed to send a legal notice to my uncle to share the property amount with us?
126 The route that goes towards the agricultural property that my mother inherited by her parents has been blocked by my grandfather's cousin by building a wall on the route. We have been using the same route to enter our field for over 100 years now. Please suggest what we can possibly do as we do not have proper documents for the same.
127 Will I have to pay wealth tax on a land that has been transferred to by my mother?
128 Couldn't understand question
129 Our society will soon be undergoing redevelopment, for which we have appointed a developer. Society needs to conduct an EGM in order to bring forward the essential updates in front of the society members. I have been sending written letter to the Chairman of our society requesting him to conduct the EGM meeting at the earliest. Even after sending him 3 letter dated 8.12.2012, 15.12.2012 and 22.12.2012 he has not conducted the meeting yet. We have decided to write to the registrar regarding the same. Kindly advice the course of action for the same.
130 Which is the wiser thing to do with an eye for investment; buying a ready flat or an under-construction flat?
131 I am a 24 year old independent working professional. I am aspiring to buy a plot of land in Hyderabad under DLF builders. I wanted to seek your advice regarding this decision and what kind of procedures should I take care of. I am planning to take a loan of approximately Rs. 11 lakhs and also, currently I don't have any loans on me.
132 Do we need to seek a NOC document from builder while selling an under construction flat?
133 Are there laws that support converting farming land to industries and buildings? What is the reason for this law as it only created lower ground water level and increases expenses?
134 Couldn't understand question
135 I own a flat in Pimpri-Chinchwad, Pune since 2007. My builder has not taken a completion certificate from PCMC corporation neither has he made a conveyance deed to transfer the flat in my name. The building is almost 3 years old now and when I asked my builder to make the conveyance deed he demanded me to pay him VAT. Please help me with a solution of this issue since I feel harassed by it.
136 A PIO acquired immovable property in 1983 under FERA section 31 with RBI approval. RBI issued a notification (FERA 152/93-RB 26.05.1993) granting general permission with certain conditions. Over a period, foreign exchange regulations changed. Also, section 31 is no longer in existence. Therefore, can a PIO dispose by way of sale of a residential flat(acquired in 83) to a resident Indian without obtaining special approval of RBI as required by Section 31?
137 305 people including me bought flats from the government scheme and did a full payment. Now this has been delayed for 12 years on flimsy demand of the third party certificate of no addition or alteration. But the RWA president is refusing to give us a selling deed saying that it is purely a matter between the seller and the buyer. For how long can CGEWHO delay this conveyance deed? Also, can the deed be delayed on such pretext?
138 I purchased an apartment in a high rise building of Bangalore for which I got home loan financed from HDFC. I now wish to sell the property. At the time of registration I gave the Power of Attorney to my brother as I was not in India that time. My brother took care of the possession and the registration of the house. I would like to know if I want to sell this apartment, do I need to transfer or change the documents in my name as all the registration documents include my brother's signatures?
139 My dad and his friend jointly purchased a land in UP 11 years ago. Although my Dad and his friend both paid the money equally by cheque the registration document only includes my dad's friend's name. For 11 years now my dad has the possession of the land and he is also running a factory there. As there is no contract between my dad and his friend stating the possession of the land my dad's friend now claims that the entire property belongs to him. Is there any way we can take legal action against my dad's friend and claim the property?
140 When can an 'Adverse Possession' not be claimed?
141 Shreya has booked a flat which is due to be delivered in December 2013 and made the payment in instalments. She wants to know that within how many days of taking possession should she register the flat with concerned department?
142 I recently formed an HUF with my wife and 2 children. I have a commercial office, out of which I get a healthy income and I also pay the taxes on that income. But now as I have formed an HUF I cannot create any funds above 50,000 per annum. I want to transfer this property with the rights of being a karta of my HUF, how can I go about this?
143 I want to know how my father can transfer a property in his name from his uncle's name? The scenario is that my father got a land of property from his great grandfather and my uncles were set as caretakers as my father was not an adult then. Now, both my uncles have passed away. Please suggest.
144 I wanted to know if it mandatory to register all the documents related to property transactions?
145 What are the points to keep in mind while buying a property from a private builder and how do we verify legal title of the land on which the builder constructs a property?
146 I am an NRI and I wanted to know if I vacate my house which I had given on lease to an individual, the person has requested to extend the lease for more than once now. Also, is there is a fast track process for this in case of NRIs? Please let me know.
147 Dear Sir, I had bought a 90% constructed flat in Thane in July, 2010 and I got its possession in October, 2010. I would like to know the service tax applicable to my flat.
148 My deceased father has an elder brother, who is 80 years old. My father had looked after him for all his life as he is unmarried. My uncle's Will named my father for all his earthly possessions but unfortunately my father died an early death and after his death my uncle named his possession in the name of a Gurudwara without our consent. We wanted to know if we are entitled to a share in his property?
149 I have paid Stamp Duty in 2010 which I forgot to register. Do I have to pay the Stamp Duty again and if I have to, do I have to pay it at present Market Value or past Market Value?
150 I purchased a property in 1993 and paid the stamp duty in 2010, although I forgot to register this property. Will have to register it and pay the stamp duty again on the current market value of the property?
151 I want to know if I can receive money from my daughters in the form of a gift deed if I fall short of the money required to buy the property. I will be stating my daughters as the legal heirs to this property as I don't have a son.
152 Incomplete question
153 I won a flat that I purchased in 2010 and got the possession by the end of the year. I paid the 1% service tax on the flat at the time of the payment, but I did not pay any service tax as there was a case that was going on, about the percentage of the service tax on homes. Am I liable to pay this tax? If yes, how much ?
154 I own a residential property in Delhi on a shared ownership basis. I have the first floor while the other two have the ground and the second floor respectively. I have been transferred out of Delhi and will take my family along with me, I wish to rent out this flat. I just want to know if I can do that, and will the other owners get a share from the rent?
155 I own a flat that I bought in 2005, this property is fully registered as freehold in my name and all the property related mutations have also been undertaken. I recently found out from the developer that I cannot sell this land as I don't have clear title. What would be the solution?
156 I am buying my second house on 80% loan. This loan is to be taken on me and my wife's name, who is a housewife. She is also the co-owner of the flat in the papers. In this deal, I am going to pay the entire EMI for the loan, with regards to this can I claim the entire interest benefit? The entire interest amount against my salary?
157 I want to know what the builder means to say when they say, "On start of construction". Does this mean the period of excavation or the period of foundation?
158 I have decided to buy a property that is registered with a couple and their daughter who is married and settled in USA. They have taken the power of attorney from her and are planning to do the sale. I want to ask if there will be any problem regarding this sale with the POA and if it is legal?
159 I want to invest in an under construction project, but I am uncertain about this as I do not know what to do if the builder stops the construction mid way. It is a 3 year project and I wish to invest my own money without any loan. Any suggestions on how I can protect my money once I have paid 30-50% of the amount.
160 Do laws also consider the financial circumstances of the heirs, in distributing the property in the event of the death of the father without a will.
161 Repeated question. Same as 385.
162 Hi, we have a house which is joint-owned by my mother and my aunt who is a NRI. I wanted to know the process where my aunt can give POA to my mother, so that my mother can sell it.
163 We are a Co-operative Housing Society and we have rented out the Gym of our building for the past three years. We have an agreement with the tenant for the same, however the agreement is not registered. Will this make our agreement invalid? If so, what is the solution to it?
164 I am a Canadian citizen and my deceased father had bought some properties in India about 25 years ago. I wanted to if I can sell off those properties and bring the money to Canada; if I can, then how much tax will I have to pay?
165 Hi, I have a land in Hyderabad for which one of the builders have approached me to develop it. What all procedures should I look in to in order to be aware before I can trust him? Also, he is offering a 50-50 ration which is the rate for that area. Please advise me on what should I do now?
166 We have recently purchased a 2BHK flat in Pune but we are yet to get possession of the flat. Me and my husband, we both are the co-bearers of the loan but we are not the co-owners of the flat. The builder has not yet prepared the sale deed of the flat but the registered agreement of the flat is with the bank. We wanted to know which is the most convenient way by which we can get me as a co-owner of the property before we get the possession of the flat so that we can claim tax benefits under Section 80 C.
167 If I give power of attorney of my flat to somebody then if I die will the ownership of my flat go to my wife or to the person who has the power of attorney of my flat?
168 My home loan has been completed and is closed, the bank has given me the covering letter as well as the release deed. Although they stopped before registering it as I am the guarantor to an NPA home loan a/c holder. Is this law correct?
169 Could not understand the question.
170 I had purchased a flat 4 years back. My flat is in my sister(because she was the only earning member of the house) and my dad's name. We had taken a loan for the flat and since Jan 11 instead of my sister who bought the flat I have been paying EMI for the loan because she got married. I am not getting any benefits and so I wish to transfer the property in my name. Do I have to pay the stamp duty and registration charges again? Or do we have an alternate way to transfer it?
171 Shyam's father inherited agricultural land in Patna. His father passed away in 2005. The land was then rented out by Patna court to a tenant under the "Kul kayda". The agricultural title is in his father's name but the local Talathi says that since he and his siblings didn't bother to check the land since his father's death, the land will go the tenant. He wants to know that what does the Law says.
172 I have purchased a property in Bangalore in 2006 & have all the legal documents in my name. Suddenly BDA people wants to fence my property without any prior notice. I wanted to know that how can I confirm the legal ownership? Can I take stay order and how long will this be valid? I am not aware of the legal proceedings and so I do not know if I am in safe hands.
173 Ram purchased a free hold DDA flat in Delhi in 1999. He got it registered jointly in his and his wife's name by duly paying stamp duty. Does he need to get mutation done in his name? If yes what would be the procedure?
174 Do you have any idea why there is a price hike in the properties in Nasik? Also, the population inflow is increasing rapidly, any idea about it?
175 What would be the ideal time for a landlord to give the tenant a notice about his intention to increase the rent according to the Delhi Rent Control Act, 1958.
176 I have booked a flat in Andheri and the dealer has delayed the possession by 2 year, is there any legal step that I can take against the builder to get the possession?
177 Can a landlord file a suit of eviction against the tenant even if the rent is as low as Rs. 2,500
178 When can a land transaction agreement be implied?
179 I wish to buy an apartment in Mumbai, but all the sellers are asking for a percentage of the amount in cash. This is why I am failing to buy an apartment. Is there an alternative solution to this? Please suggest
180 Incomplete question
181 I bought a 2 BHK flat in Andheri west, I recently found out that this flat was sold to someone else for the last 5 years. What can I do about this? Is the builder liable to pay the other owner?
182 I bought a twin duplex bungalow in Goa that is spread over 148 sq mts. the plot although is 340 sq mts. The bungalows share a common wall. I entered into an agreement of sale along with the developer. According to this the area of the house and the first floor, belong to me as a part of the demarcation by the builder. Do I need to take any precaution before the sale deed?
183 I am an Indian citizen and I wish to buy a property in Nepal. Can you tell me what are the rules and regulations to buying a property in Nepal for an Indian citizen.
184 My mother had nominated three of us brother and my late elder brother's wife as the nominees for her flat. The society has denied that there has been any such nomination in any of our names. The flat was divided equally between the four of us, 25% each and they aren't willing to transfer it in our name. We now want to share it between 8 people including us and our children as we wish to sell the flat.
185 I want to buy an office in Neelkanth group park near vidyavihar station in Mumbai. They are still waiting for the OC. Do they need a clearance from the ministry of environment for their land that is only 4 acres.
186 I had bought a land in 2003 in a layout that was to be developed by a Co-op housing society. Recently, I received a notice from the original owner of this land and it stated that he still owned the land and has also built walls around the land. I have all the papers stating that this land is mine, like the khata, sale deed and I have also paid all the relevant taxes till date. The society says that all the issues need to be sorted with the landowner. What can I do in this case?
187 I bought a house in Noida and gained possession for the same in March 2012. I live in a rented apartment in Noida. I want to claim a TAX benefit on my other flat for the period of 2011-12. And also 1/5 of the interest on the amount I paid during construction. My query is if I should calculate the notional rent for the month of March as well? I could show it as an income form and show total interest paid as a loss of income. Or should I calculate the rent for the whole year?
188 If there is a family settlement, is stamp duty applicable on the same? This is in Rajasthan. Also, of the stamp duty is applicable can it be minimized?
189 What is the difference between a coparcener and a member?
190 I had bought a revenue plot in 1986 in Bangalore. There was no registration at that time so seller just gave me a GPA with all the details. Now, 20 years later, the seller is refusing to do the registration and refusing to identify me. There were also multiple deeds that happened in this time. What can I do about this?
191 I am a farmer and I have an agricultural plot of area 5445 sq.ft. I gave this plot to a builder on the deal of getting 45% share for me. After that the builder made another deal for a plot that is behind my plot. That plot doesn't have a direct entrance to the road. Can I object under the terms of not letting them build on a plot along with my plot?
192 How can a married daughter demand partition in HUF?
193 My mother one of the coparceners of an inherited property. She is selling her share and so are the others. She is willing to split her share gains between me and my sister at 50% each. My sister has asked her share in cash. I have asked my mother to buy a house and then either gift it to me or let me inherit it under a will. Can this be done? What are the tax implications related to this? And how long does it ideally take to get a property without any tax issues?
194 My dad want to sell out piece of land in Varanasi, but he is facing a number of problem regarding the same. Can we avail a bank loan on this plot? The evaluation of the land is about 22-24 lakhs so what would be the loan amount we can avail.
195 I am a Keralite. I had a grandfather who had 2 wives and 10 sons. He divided his property equally amongst them all but at the time of distribution one son went missing and his part of the property was under the custody of two of the eldest brothers. The missing brother was declared dead since he did not return for the next 40 years, so now who will be the heir of his part of the property?
196 What are the documents that a Co-operative Housing Society should provide a buyer with, at the time of selling a house?
197 I sold my property recently. I want to know if I can buy multiple properties from this money or am I restricted to buy just one.
198 I have a flat which is co-owned by my wife and currently we are living in the same house. Along with that house, we also have a constructed house which is solely owned by me and I have rented out that house. I am intending to sell that house, so is there a way by which I can claim Gain Tax if I reinvest to buy a second flat in my name?
199 My sister recently got American Citizenship, which was an Indian Citizen before. Can she buy a property in India now that she is an American Citizen and if she wants to sell that property, how can she transfer the money to America?
200 What are the rights of tenant under the Rent Control Act if the person is not presently occupying the property in question due to employment elsewhere; the person doesn't actually own any property and is residing in an accommodation provided by his/her employer.
201 I wish to buy a flat in Vasai and I have gone through a few and zeroed on one. The builder has all the papers and it is approved by CIDCO as well. The only thing that isn't there are the development agreement papers. Most nationalised banks are not providing loan for this reason, but the housing finances like GIc/DHFL are willing to provide loan. Which is why I am confused, what do I do?
202 My dad passed away a few months ago but he hasn't left any will behind for the property he owns. So how should we ideally divide it among the family members?
203 My father and I purchased a flat in the year 2009. The same year I got married. The flat was registered on me, my mom and my ex-wife's name. My marriage landed into trouble after two years as my ex-wife registered a case of DVC & 498A. The DVC judgement said that I need to give my ex-wife Rs.11,000 per month. Please let me know how to remove her name from our property.
204 I need to know more about Service tax rate on underconstruction flat. Yesterday I received a mail from my builder as- ' Dear Sir, this is to inform you that Service tax rate is going to increase from current 3.09% to 4.944% w.e.f. 1.7.2012. So, the difference rate will be applicable to you on your balance amount which you will be paying on or after 1.7.2012.' I wanted to confirm whether there is any such change in the Service tax rate.
205 A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
206 My mother owned a flat for which I paid rent to her so that I can show it as her income on the returns. We recently sold the flat and purchased a new flat. In order to save taxes I decided to take a home loan for the flat hence I was the first owner and my mother the joint owner. During the purchase of the flat we had a few doubts about taking a home loan and also we had to make the payment immediately hence we did not take a home loan. As I have already purchased the house and the house is on my name nor can I claim a home loan benefit neither can I show rent in my papers. Please guide me as to how I can save on my taxes?
207 My friend took a loan from an unsecured source and got debt trapped. This was at a very high rate and it was for a flat. Is there a way where he can get a secured loan on the house and pay off the unsecured loan?
208 I am willing to buy a flat in Bangalore, but the owner is in USA. He has given the POA to his relatives and they are willing to do the sale deed. But according to Supreme Court norms the sale deed is not allowed through the POA. What can I do about this? Please suggest.
209 As per supreme court norms a builder cannot sell a flat with an open parking space. Without knowing this I booked a flat with an open parking space. Please let me know if I should cancel the booking or not.
210 I am from Tamil Nadu, we have executed a sale within us. This sale was for two flats that our parents owned. My sister signed for my flat and I signed for her flat. This was done with a 20rs notary stamp. Is it valid?
211 Irrelevant question
212 I have a plot on GPA in an unauthorized colony in Delhi. As per the latest news, it says the unauthorized colonies have to be regularized at the earliest. How do I go about registering my colony?
213 I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
214 I am an NRI and I own a flat in surat-gujarat. This flat was bought in 2003. I got a share certificate and an allotment letter. I also have the possession letter for this. We also got a loan from ICICI bank. During this we did not execute the sale deed. Now I wish to sell this property and the buyer is asking for a sale deed. What can I do in this situation?
215 I live in New Zealand and I own a property in Mira Road, India. I had bought that flat 13 years back and now I want to transfer the rights of that flat to my sister as a gift. However, I will be unable to visit India in near future so I want your advise on what paperwork do I need to do in order to transfer the property in my sister's name?
216 I want information on what are the payment options provided by lending institutions under reverse mortgage schemes?
217 Hi, I am planning to buy a flat in Bangalore but the owner of this flat is in US and he has given the Power of Attorney to his relatives. I wanted to know how safe is it to buy a flat in this scenario since the POA of this flat was made in New York's Indian Embassy. Does the owner have to locally register the POA here in India before executing the process of transfer and what will be the registration amount?
218 If both of the parents have died and they had provided the will orally and not in written, how can we legally divide the property? The deceased father had named his commercial property equally between him and his two sons, where in his part of the property was to be further named to his nephew.
219 I am looking for advice regarding a property that is owned by my grandfather. My grandfather passed away in 2001 while my grandmother passed away in 2007. They passed way without a will so my father and his bothers/sisters do not have any claims. Also according to he supreme court the sisters did not have any rights to property before 2005. Can I give this property to the promoters to build something? Also, how can I do this?
220 I have purchased a home in my wife's name and home loan on my name. I am planning for a second home in my name. May I know the tax implications on the second home. Also will I benefited if date of possession will be after two years from now?
221 I wanted to know that whether I can acquire a commercial property at the age of 17 years.
222 I have a few doubts regarding the transfer of property. There are some lands owned by my grandfather and some property owned by my father. My sister is married and my elder brother has passed away. I want to know if I can change this property in my mother's name and then later get a will that would transfer it to my name. Also, can this happen without my sister's name? Please suggest if this is possible.
223 My grandfather has a property. This property is a residential property and my aunt lives there along with her husband and my grandmother. My aunt can live separately and afford it but she still stays there. My father does not want this drama so he wants to opt out of the share available in the property, but my mother doesn't agree with him and wants to fight for our share. Do my mother and us children have a share in this property and more importantly, can we fight for it?
224 I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
225 My builder has delayed the possession of my flat, please let me know a legal way to get this issue solved.
226 My deceased grandfather has four sons and 2 daughters amongst which eldest son died, so my question is how do we divided his property as per the law?
227 We are having major family issues related to our property share. We are a family of 5 brother and 2 sisters. I am the eldest brother. My younger brother is in the village and is refusing to give any of us our share. While he has already sold his share without our consent. Even my sister's lawyer husband is unable to do anything about this issue. I am also frustrated as I am not getting importance even after being the eldest in the family. Please guide me on what can be done.
228 What is the easiest way to cancel a franchise agreement?
229 My wife and I do not have any ancestral property, we just have one flat that was bought from our salary income. We are senior citizens now and want this flat to be transferred to our daughter's anem. We have also financially supported our two sons in buying their flats. Now do we need to execute an explicit concurrence with our sons or can we directly transfer this property to our daughter's name?
230 Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
231 I have 5 cents of land and my brother has been using this to run his hollow brick business for the last 7 years. I recently got married and want to build my house on that property. Although, my brother is not willing to move out and let me have the property. I am a middle class person while my brother is rich and can use his resources. What can we do in this situation?
232 We want to buy a property that is owned by a minor and his mother. Is it legal to buy this property? Will we get a loan in line with hits property? When the minor comes of age can he ask for his property?
233 I bought a property in Badlapur west. The built up area of this flat is 1495 gqft. I am not aware of the recent developments in the service tax and VAT imposed by the Maharashtra state government. Can you advise me about what the amount of the stamp duty and registration would de?
234 How can a property be given away under a gift deed if the partitioning is not done among all the claimants?
235 I am an NRI, I plan to jointly buy a property along with my father. The funding would be from a loan that I take and from the old property that we would be selling. Is it possible to buy a property in these circumstances? Also, could you guide us on the tax implication?
236 My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
237 I purchased a flat and I am the sixth party in the scenario. All the other five agreements are in place out of which the third party has not paid the stamp duty, but he has donet he registration. Will this affect me in the future with regards to the sale or redevelopment. Do I have to pay the stamp duty?
238 There is a property that was given by X to Y and Y has been staying there for 40 years now. Can Y claim this property under the terms of living there for 40 years? Y also has a permission letter from X in normal white paper
239 Irrelevant question
240 We are planning to buy a flat that is under construction. The seller has completed the payment till 80% of the value and the other 20% is to be paid by the builder whenever it is due. The seller is an NRI and he has already furnished the power or attorney for this project. My queries is that Can the builder claim the 20% as this flat is being transferred (the amount is not due yet)? Also, what would be the taxes to be considered as the owner is an NRI, will I also have to deduct TDS?
241 I have four sisters that are married. They made gift deed for our ancestral property among themselves without informing me about any of it. How can I claim my share in this situation?
242 I want to register my father's property on my name. Both my parents have passed away and my elder sister is married already. She received her share during her wedding. How can I get my share without much expenses?
243 I have used 75% of my sale proceeds to clear the loan on the property and the remaining to invest in gold, what would be the tax implications that I face?
244 There was a probate from the Bombay high court that stated that my father's flat should be transferred to the trust that he has named. But this was not claimed and the property was transferred in my name as I am the only daughter of my late father and the trustee of the trust. I appealed to the deputy registrar to get this transferred in the name of the trust and it was passed as well. But the Man. committee is still not allowing this so I am holding the ownership being the trustee of the trust, is this allowed?
245 I am a 24 year old individual living in Mumbai. I want to buy a flat in Kharghar. The owner of this flat had taken a loan for this property and hasn't paid it off altogether. What will happen to that? Also the papers of the house would be with the bank, so how can I claim that? Are all the original documents required during the registration? And what all documents will I have to provide while buying the flat?
246 I recently got the possession of a flat that I have recently purchased. I want to know what an occupation means and it's purpose. Is it given to the individual flat owner or to the building? And how can I get it?
247 Can a will, once made, be revoked or altered? If yes, how can this be done?
248 I am an NRI. My wife was gifted a flat in South Delhi by our in-laws during our wedding. This flat although is registered in my mother in laws name. Now I wish to transfer it to my wife's name with a goal of renting it and earning some money out of it. How can I get it transferred?
249 I reside in the US and wish to buy a property in India. Can I give my father the POA and execute this? If yes, could you provide a specimen on the same?
250 What are your thoughts on the idea of a real estate business, does it have good features?
251 My mother in law is 67 years old. She sold her previously owned property and bought two flats from the sale proceeds of the previous property. One of the flats is only 15% covered. She bought one of the flats with my wife and one along with my wife and me so that we get a home loan. Now I want to know that even after re-investing all of her sale proceeds will she fall under capital gains tax ambit?
252 What is the approximate slab of capital gains tax out of the profit earned from the sale of the property?
253 We are staying in a flat that is in my father-in-laws name and he passed away recently. My wife is the heir to this flat according to the will. How can I get it transferred to her name?
254 Irrelevant questions
255 I have purchased two flats in an under development project in New panvel. This are falls under the gram panchayat. I want this flat to be ready at the time when I move in so I want to make a few alterations internally and also to the brickwork. So now the builder isn't giving met he permission to do so and is saying that if there are any changes that have to be done at the time if the construction and this would lead to changes in the brickwork OC for the whole building. What can be done in this situation?
256 My father owns an agricultural land which he purchased for INR 25,000 17 years ago. Some miners are interested in this land due to the presence of some ores. So, if I sell it for 50 lacs will I have to pay capital gains tax? If yes, how much?
257 We are a family of four including me, my parents and my brother. My parents were living separately and now my dad passed away recently. I got married seven years ago . My mother has married someone else now. Now I want to know what rights do my mother, brother and I have on my father's property?
258 We are 5 siblings - 2 brothers and 3 sisters, out of which 2 sisters have passed away. The younger brother has sold a piece of land without the older brother's consent. The older brother got a stay on the sale from the court. The brother and younger brother want to settle with the older brother, but want that the proceeds from the sale be divided between the 5 siblings. My question is, in the case of the 2 sisters who have passed away, can the ownership of the land be transferred to the children of the sisters?
259 I purchased a flat which was in a redevelopment project, for which I have an allottment letter from the builder. Before redevelopment, the existing building had 144 flats, and the redeveloped building is supposed to have 450 flats. Apart from the flats which have to be allotted to the existing tenants, the builder has sold about 80-90 flats. Now, he has stopped construction citing lack of funds. In this case, if the society (that owns the land) changes the builder on this project, will I still get the flat I have been allotted?
260 Do I have a legal right over the funds from the sale of a property that is jointly owned by my parents? My mother has passed away, and her brothers are claiming the funds of her share.
261 We are a family of father, mother, myself (son), a brother (who passed away in 2008) and four married sisters. My father owns a flat in Mumbai. When he passed away in 2012, his will (unregistered) transferred 94% of the ownership to me, and 1.5% to each of the 4 sisters. How do I transfer this flat on to my name? The nomination is in my and my deceased brother's name.
262 My family owns land in Mumbai. My father had given the POA for the land in 1983 to my brother and passed away in 1985. Is this POA still valid? If so, how can the other children get the POA revoked? Are there any other options to go about this?
263 In a case where someone else is using our funds to buy a property in their name as we won't be present; is there any specific document we can obtain to safeguard ourselves?
264 In the situation that a mortgaged property undergoes an accession, what happens next?
265 If there is no will left behind by the deceased for the property or wealth that is to be split between a son, a married daughter and his wife; how do the proceeds get divided between the three?
266 If a will has named beneficiaries, but one of the hiers is mentioned in the will but not in a beneficiary list, is a probate of the will required?
267 Can one accept an immovable asset/property from one's heirs?
268 Is it possible for a registered will for an immovable proerty to be made in the name of one's daughter-in-law? Also, can the same property be registered in her name before the will is executed?
269 I have recently found out that my father has many properties that have been inherited from my grandfather, my father was a little kid when his parents passed away. My dad's cousins have been living in these properties for the past few years. They also have the papers to the property. But now we wish to claim the property, what can be done in this situation?
270 I wish to lodge a complain in the court against our building promoter as he did not stand true on his promises and hasn't given us any amount of the money he promised. He has also illegally constructed extra floors. I want to know if I need to first appeal to a junior division and then go on to the senior devision or if I can directly to the senior division. I want to know the difference between a junior division and a senior division, and whether the adovactes need to be more educated to apply for a senior division?
271 I have been staying with my mother's parents for the past 5-6 years. My parents got divorced and have married other people. This happened about 10 years ago, I lived with my father for 5 years. Now my mother helps me out with some of the funds that I need for my education and personal needs, but my father doesn't. Do I have any rights in my father's property?
272 We own a combined property, ownership of which is shared between my two daughters (one married, both adults) and six children of my sister (all except one are adults). The exact share of each person is not defined. We want to sell our share but my sister's children don't want to sell their parts. What can I do in this situation?
273 Can an heir to a property donate his/her share to another heir to the property?
274 In this scenario, the owner of the property was married twice, out of which the first wife and her 2 sons took their share of the property when the owner was alive. Now the owner has passed away without a will, how will the property be divided among the wives of the second wife's sons, if all her sons are dead as well?
275 Do property laws in India safeguard the parties involved? Are individuals generally aware of their rights?
276 If a will has named beneficiaries, wherein one of the heirs is mentioned in the will but not as a beneficiary, is a probate of such a will required?
277 According to my father's will, I am entited to a part of his property, but I have not been given my share yet. In such a situation, how do I go about probating the will in the name of the heirs?
278 I am an only son and my father owns some land. If I want to transfer the land on to my name in order to claim HBA from my company, how do I go about it in a manner which minimizes stamp duty payable?
279 We own 2 acres of land. For the past 10 years, we had given the land to some people to farm on and pay us rent. Now, we would like the land back, but these people won't return the land. We are the legal options we have to get our land back?
280 i wish to register a property in my name that was given to me by my father. This property came to me as he had mentioned the same in his will and he passed away a few months ago. The will was duly registered with the registrar. I also got mutation in MCGM in my name after his death. Please suggest how I can transfer this property.
281 I jointly own a property with my brother. The electricity and water connection bills are on my brother's name. I want to know if this would have any impact with regards to the ownership of the proeprty. We have jointly owned this property for 15 years now.
282 What is the meaning of 'suit for foreclosure'?
283 Is it possible for a coparcener to blend his self-acquired property along with the one attained in HUF? If so, what is the procedure for the same?
284 My father has been living in a rented accomodation for more than 50 years now. I want to know if he can become the legal owner fo that property?
285 What is the meaning of a relinquishment/release deed?
286 After the death of the depositor, how do I go about obtaining his/her sealed will?
287 Can someone from another state be given a POA? I stay in Andhra Pradesh and my property and my mother who I want to give the POA to are both in Mumbai.
288 What does an 'ostensible owner' mean? Also, can such an owner transfer a property? Please let me know if this can be done
289 I want to sell a property that I bought under my name. I want to ask if i need to take the consent of my children for the sale of this property? I have a son and a daughter who are 34 and 32 years old respectively.
290 What can be done to make my spouse the co-owner of the property? What is the process?
291 Is a co-owner of a real estate allowed to sell his share of the property?
292 Is there a possibility to execute a document outside India for a property that is in India? Also, can this property then be registered in India?
293 We have a land in Mumbai which was registered on my grandmother's name. She passed away in 2007 and we transferred this property to our names even though she had two sons. My uncle has been staying in this property for 8 years now. He paid taxes for 7 years with the view that the property is transferred to the tax payer's son's name. Is this possible? Also, what can be done if this is true?
294 I bought a flat in Mira road and realised after two years that it is an illegal construction, I have already paid the stamp duty and filled all documents. What can I do in this situation?
295 My parents got married in a temple in 1972, although my dad was married earlier to another woman and had 2 kids. In the same year, my grandparents and my father wrote will that gave the property to his first wife and her children. My father and his wife passed away recently. Now, the court has named all four children as the legal heirs to the property, excluding my mother (his second wife). So do we have the rights to the ancestral home based on this?
296 My father sold a land to Rajesh in 1997 for INR 1,20,000. He paid the interest upto INR 57,000. Now someone else took it over as he passed away in 2007 and took a 'made over' for the land in 2010 for INR 1,20,000. Now, does this make him the owner? Can he sell the property without our consent? For how many years is the 'made over' valid? And we are 3 siblings so can we collectively pay off this loan and divide the land among us later?
297 We own a shop that is registered in my Uncle's name. This was done by my grandfather back in 1967. He registered in the name of "Thana Ram" (which was my uncle's nick name then. His actual name is Anil Kumar. And there is no way to prove this. We wish to take an LAP on this shop, what can be done?
298 My friend bought a flat in Mira road back in 2001, but he hasn't registered the flat yet. What can be done to get this flat registered in his name?
299 Is it compulsory to give an advertisement for no objection regarding a property? This property was in my father's name, he passed away last year. And we have already done the nomination in my mother's name and submitted all documents. Is this advertisement necessary now?
300 We are twin brothers. My mother passed away recently so my dad has decided to give all his property to my brother. He has also threatened to give me only a 20% share in the property. What can I do to get my equal share in this property? My dad hasn't made any decision as of now.
301 Is is possible for an individual in a society to appeal for the reduction in the property tax? If yes, how can this be done?
302 If a property I plan to buy is approved by a bank for a home loan, am I required to do the title verification process again?
303 I wish to buy a property which has been divided in three sons, one of them passed away after migrating to Malaysia. Do I need to get the POA from the three sons? in that case I am willing to travel to Malaysia and register the POA in Malaysia. Is that possible?
304 I own two flats and I am currently living in one of them. That flat is in joint ownership with my married daughter. The address on the sale and registration agreement is the one of my old flat as I was living there during the purchase and I continued to live there for some more time. Now, I have moved to my own flat. Will I face any problems with regards to sale because of the address? If yes, then how do I go about with changing the address?
305 My father sold out land 2 months ago without informing anyone and is misusing this money. He has also sent a divorce notice to my mother. Does she have the rights to file a case against him with regards to the land?
306 I own a flat with all required documents in place. Are these documents required for mutation of the name on the property?
307 Our grandfather made a will and has gave two-thirds of the property to us and rest to our sisters. They have already taken possession of their part. Can we take the part in our name under our possession even if our grandfather is alive?
308 Am I allowed to make modifications to a flat that is bought in a ready building? If yes, what are the modifications I can make?
309 Is there any particular reason for the use of granite door frames in wet areas, and wood door frames in dry areas?
310 Are formica and veneer different from each other? If yes, in what way?
311 What is the ideal efficiency ratio for carpet area to builtup area to super builtup area?
312 If I want to ensure that my room is well lit, what is the ideal ratio of watt/lumens per square footage?
313 If I have a 500 sq. ft. living room and a 150 sq. ft. bedroom, how much AC tonnage do I need for each room?
314 What is LEED certification?
315 What steps can residents of an existing building take to go green and reduce their environmental footprint?
316 Do solar panels prove effective at cutting costs for a residential society?
317 Is it possible to make a tile & grout countertop "flush" by adding a top layer of something clear?
318 My ceiling has a alot of brown spots. What are the main causes and reasons for this and how to prevent it?
319 What wall color goes well with white furniture?
320 What are the best ways to keep an existing house cool during summers?
321 During moonsoons, when i sleep with the AC on, there is condensation on the walls and the floors. What could be the reason for this?
322 My house is small. After decluttering, still it looks kinda cluttered as space is less. I can't afford a spacious house. How can I decorate it?
323 I have purchased a new appartment and all the rooms have French Windows without any safetyl grills. What is the best modification available in this situation as the society has a strict no grill policy?
324 In the monsoons, water seeps into the house from the borders of the windows even when the windows are shut. Why does this happen?
325 I want to baby proof my apartment. What all should I consider while baby proofing?
326 I am living in a rented appartment. How can I decorate my apparment without making much changes?
327 How does one select the color scheme for their appartment?
328 I would like to change paint colour in my living room and accessories to make it feel brighter and more modern. Any suggestions would be greatly appreciated.
329 What color is for bedroom that would be Victorian?
330 Should I hang curtains above my French doors in my bedroom or should I get custom blinds made for the door itself?
331 I am doing a complete 2 bedroom 2 bath appartment renovation. My style is contemporary. I'm doing white acrylic cabinets in the kitchen and bath with Carrera quartz counters and backsplash, white large 3d tiles in the baths with a matte taupe floor tile throughout the whole appartment. my problem is with the metal finishes. I don't want matchy matchy. I want the lighting, handles, bathroom fixtures to coordinate. What metal finishes go together?
332 I have a long narrow living room that is open to the dining room. I am going to redo. It is a sunken living room and the dining room is a step up. Architecturally, what suggestions do you have? Wider "walkway"? Build up floor in living room? Any separation for a "foyer"? Furniture arrangement? Too many questions? lol. Thank you.
333 I need a media console, for my living room. Would like some pop of color to the room. Please advice?
334 What kind of bedding should i get for my room?
335 Hello! We just bought a couch that is dark grey, however in certain light it almost looks like a dark blue/denim color. I am trying to figure out what color accent pillows/artwork etc would bring the grey out and hopefully subdue the denim color.
336 I have a wall mounted TV in my living room. The wall around the TV is completely blank. Any suggestions on how to fill this wall?
337 how would i furnish a bachelor appartment?
338 How high should i hang a wall mounted TV?
339 How can i work storage into my Kitchen Design?
340 Should i match wood flooring, kitchen cabinets and ceramics in an open concept design?
341 We are a family of four and have a compact 2bhk appartment in Bandra. Could you please recommend the size of dinning table we can get which would be adequate for us?
342 What should be the ideal height of Kitchen Counters?
343 All the doors in my house start jamming during the monsoons. What is the reason for this? Also is there a solution to this?
344 Is there a difference between a lacquer and a varnish?
345 Hello, we have recently started with the interiors. What should be the ideal height at which switch boards should be mounted?
346 How high should kitchen platforms be?
348 Which areas of Maharashtra are included in the Planning Area as defined in the Act?
349 Does the definition of ‘promoter’ include public bodies such as Development Authorities and Housing Boards?
350 If a real estate project has land area more than 500 sqmts but containing less than 8 apartments. Does it still need to be registered?
351 If a real estate project has land area less than 500 sqmts but contains more than 8 apartments. Does it still need to be registered?
352 Does advertisement include solicitation by emails and sms? Is issuance of prospectus considered to be a case of ‘advertisement’?
353 Can advertisement be issued for a new project after 1st May, 2017 without registering the said project?
354 Does the term ‘allottee’ include secondary sales?
356 What is the obligation of the promoter towards return of amount and compensation to the allottee?
357 Can a complainant approach both the Regulatory Authority / adjudicating officer and the consumer forums for the same disputes?
358 Is there some fee, in addition to the fees prescribed in the Rules, to be charged from promoters, real estate agents and complainants for the MahaRERA website uploading and online services?
359 Is it mandatory for the promoter to obtain permissions for the real estate project before applying for registration to MahaRERA?
360 What is the penalty prescribed for non-registration of a project under the Act?
361 How will a flat buyer know, if the real estate project is duly registered under MahaRERA?
362 Whether registration of real estate agents would be project specific, location specific or individual specific?
363 What are the penalties that a Real Estate Agent would face if he fails to adhere to the mandates prescribed by MahaRERA?
364 Is the promoter required to give any undertaking to MahaRERA for completing his project within a specified period?
365 If the registration of a real estate project is revoked for any reason, how will the interest of the buyer, in such project, be protected by MahaRERA?
366 In case of delay in getting possession from the promoter, will the buyer be entitled to get interest on the amount paid by him, for such delayed period?
367 Will such interest payment by the promoter to the buyer be automatic or the buyer will have to approach MahaRERA?
368 Is there a ceiling on the interest to be levied by the promoter in case of default in payment of any instalments by the allottee/buyer?
370 Can a promoter or a real estate agent also file complaint against a buyer?
371 Is there any provision for interim relief to be granted, pending the final adjudication of the complaint?
372 Where will the aggrieved home buyer be required to file his complaint?
373 On what grounds can the home buyer file a complaint?
374 Who would decide the complaints?
375 Is there any pecuniary jurisdiction for complaint handling Authorities?
376 Is there any time limit prescribed for disposal of complaints?
377 If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?
378 Is there appeal provided against the orders given by MahaRERA? Is there a time limit? What are the fees?
379 Is there any time limit prescribed for the promoter for formation of society or any other legal entity of home buyers?
380 Is there a time limit prescribed for the promoter to execute conveyance in favour of the association of buyers?
381 I would like to change paint colour in my living room and accessories to make it feel brighter and more modern. Any suggestions would be greatly appreciated.
382 What color is for bedroom that would be Victorian?
383 Should I hang curtains above my French doors in my bedroom or should I get custom blinds made for the door itself?
384 I am doing a complete 2 bedroom 2 bath appartment renovation. My style is contemporary. I'm doing white acrylic cabinets in the kitchen and bath with Carrera quartz counters and backsplash, white large 3d tiles in the baths with a matte taupe floor tile throughout the whole appartment. my problem is with the metal finishes. I don't want matchy matchy. I want the lighting, handles, bathroom fixtures to coordinate. What metal finishes go together?
385 I have a long narrow living room that is open to the dining room. I am going to redo. It is a sunken living room and the dining room is a step up. Architecturally, what suggestions do you have? Wider "walkway"? Build up floor in living room? Any separation for a "foyer"? Furniture arrangement? Too many questions? lol. Thank you.
386 I need a media console, for my living room. Would like some pop of color to the room. Please advice?
387 What kind of bedding should i get for my room?
388 Hello! We just bought a couch that is dark grey, however in certain light it almost looks like a dark blue/denim color. I am trying to figure out what color accent pillows/artwork etc would bring the grey out and hopefully subdue the denim color.
389 I have a wall mounted TV in my living room. The wall around the TV is completely blank. Any suggestions on how to fill this wall?
390 how would i furnish a bachelor appartment?
391 How high should i hang a wall mounted TV?
392 How can i work storage into my Kitchen Design?
393 Should i match wood flooring, kitchen cabinets and ceramics in an open concept design?
394 We are a family of four and have a compact 2bhk appartment in Bandra. Could you please recommend the size of dinning table we can get which would be adequate for us?
395 What should be the ideal height of Kitchen Counters?
396 All the doors in my house start jamming during the monsoons. What is the reason for this? Also is there a solution to this?
397 Is there a difference between a lacquer and a varnish?
399 Hello, we have recently started with the interiors. What should be the ideal height at which switch boards should be mounted?
400 How high should kitchen platforms be?
401 How does RERA define carpet area?
402 What will be the impact on the real estate industry in India once the RERA Act comes into effect?
404 How does one ensure that the builder does not use the funds from flat sales in one project to fund another one of his projects?
405 If the actual carpet area is more/less than the one mentioned in the agreement, what does one do?
406 What objectives will the Real Estate Regulation and Development Act of 2016 serve?
407 Can someone explain the key features of the Act?
408 Does a real estate project have to be registered beforehand with RERA?
409 I am a builder with a project under construction at this time, though the completion certificate has not been issued yet. Do I still need to register under MahaRERA?
410 In which situation would a project be exempt from registration under RERA?
411 If my real estate project is to be developed in multiple phases, do I need a single registration or multiple registrations?
412 Is there a minimum percentage of the funds received from allottees that needs to be ringfenced in a separate account? What are the terms under which the promoter can make withdrawals from such an account?
413 According to the Act, is there a deadline or time limit by when the promoter's account must be audited?
414 Is the promoter's application made in electronic or physical form for MahaRERA?
415 Is there a time limit in which RERA must grant an application?
416 Is there a time limit in which RERA must reject an application?
417 In a situation where RERA neither grants nor rejects registration, what can a builder do?
418 How long is the RERA registration valid for?
419 If a project is not completed by the promoter within the time limit committed in the affidavit, does a fresh registration application have to be filed?
420 What are the offences that may result in RERA revoking registration?
421 What role does RERA play once the registration is revoked?
422 Is there any time limit in which the builder must execute the conveyance deed in the favour of the buyer after receiving full consideration money? If there is, then is the law uniformly applicable to every state in India or are there any exceptions to it?
423 Is the builder responsible for the leakages/defects after handing it over to the society? If not, then who is?
424 What can be done if my builder is demanding for extra money for my apartment after the price has been fixed?
425 When does a buyer become a defaulter?
426 What happens to a redevelopment project which has been abandoned. Will it come under Maha RERA?
427 In ongoing projects, the agreement with purchaser should be prepared as per MOFA or RERA?
428 With the DCR 2034 set to come in effect in the future, are there provisions to make changes in layout?
429 Should a society while selecting developer for redevelopment see if the developer is registered with Maha RERA?
430 Do SRA schemes under DC 33(10) fall under Maha RERA?
431 Navi Mumbai right now has NAINA as approving authority, does this come under Maha RERA?
432 What is the limit on interest that can be levied by the promoter in case of default in payment of any instalments by buyer under Maha RERA
433 If the registeration of a real estate project is revoked for any reason, how will the interest of the buyer, in such an event, be protected by RERA?
434 How does a flat buyer know if a real estate project is duly registered under Maha RERA?
435 Can a complainant approach both the Regulatory Authority and the Consumer Forums for the same disputes?
436 Does Maha RERA recognize Maharashtra Ownership Flats Act & Apartment Ownership Act?
437 When does the promoter need to form society, association etc. in Maha RERA ?
439 What is the difference between living in a stand-alone building versus living in a large residential complex?
440 is there a defined role for a PMC?
441 A week ago, I paid the token on a residential property I was planning to buy. Now due to some reason I have to move to another city. Is it justified for me to expect a 100% refund, since it has only been a week?
443 Which is the best financial institution to apply to for a home loan?
444 Is it advisable from a financial perspective to prepay a home loan?
445 What are generally the interest rates for home loans these days?
446 Does the interest paid on a home loan get exempted from one's taxable income
447 Is there a moratorium period banks offer for the repayment of home loans? If yes, what is it?
448 What does an APF mean?
449 If funds are given under a reverse mortgage, how does the lending institution recover the money paid?
450 What is reverse mortgage loan? What is my eligibility and how I will get back the title deeds?
452 Is it possible to undertake a mortgage without the delivery of a property?
453 Are PIOs and foreigners allowed to purchase residential and commerical property in India?
454 If an NRI signs Loan Against Property agreements while being abroad, without the involvement of any notary, embassy or POA, are the agreements legally enforceable in India by any party?
455 Can an NRI or a PIO repatriate the proceeds from the sale of an immovable property? If so, what are the terms for the same?
456 What is the basis for the calculation of society maintenance?
457 Can a Mumbai based society take disciplinary action against members who aren't up to date with maintenance payments?
459 Does the society need to be informed about the transfer of a property after it has been gifted?
460 I have flat which is already registered under my name. How do I add my spouse's name as a co-owner of the flat?
461 What are the standard practices of maintaining a society?
462 I own a flat which is registered under my name. What is the procedure for adding a second and or third name, for example of my wife or son?
463 My parents co-owned a flat in a co-operative housing society in Dadar East in Mumbai. They both have passed away and have not left any will behind. We are 3 sisters and have the papers of the flat that states co-ownership of our parents. How do we get this flat registered under our names?
464 I have a commercial office in Andheri (E) since last 20 years. Since so many years, the builder is regularly charging the maintanence but I believe he is not utilising the money towards the maintenance of the office. I wanted to know that can the builder do so? Also, can the builder charge us for repairs or only the society can?
465 I have two flats in goregaon that are only a km away from each other. I have moved from one to another recently and want my society paperwork to be sent to my new address, as I have rented out the old flat. But my society chariperson is not doing so. Can I do anything about this?
467 I recently sold my flat and as per the new law passed by our society, the seller of the flat has to pay Rs. 30,000 to the society as the society development charges. But we have already paid Rs.30/sf.ft as the transfer charges and also, the bye laws state that the society is not allowed to take more than Rs.25,000 from the owner in any case. Also, the agreement states that all the transfer charges should be borne by the buyer.
468 I purchased a flat in an underconstruction project in Pune and have paid the maintenance for a year already. I have been living in this flat for 7 months, I want to know when my maintenance will start as this project is still underconstruction and might take a couple of years to get completed.
469 What books of accounts have to be maintained by a Society?
470 How is the Tax assessed in case of Common areas and facilities of a building?
471 My society building in Mumbai has two wings A & B. We are facing a lot of internal issues and were thinking, if it is possible to make two societies, one for each wing?
472 Can a Co-operative Housing Society be formed if the builder refuses to co-operate ?
474 I reside on a ground floor in a Coperative Housing Society in Mumbai. Am i liable to pay lift expenses?
475 What is the procedure to change the name of the Society?
476 'A' is the member of the CHS holding a flat subsequently 'B' applies for associate membership claiming that he has contributed for purchasing the flat. Under this circumstance whether CHS can grant associate membership to 'B'?
477 I am residing on the top floor of a Society in Bandra.Recently i had to repaired the ceiling for leakages and damaged plaster. Can i claim compensation to repairs carried out from the Society?
478 Can a CHS create penalty or fines for all the members who violate the decisions made by the Society?
479 Are non members permitted to attend Society Meetings?
481 Can housing society management charge on water supply
483 We are paying society maintenance of Rs2000, however are not getting services such as our building doesn't have watchman, no CCTV installation no security at all. Water is given for only 20 minutes in the evening. When we call for a meeting, the committee tells us that by law the meeting shall be conducted after 3 months. Please let me know what to do.
484 I have a shop on ground floor and now society has decided to allot fixed parking space in front of my office which would block complete access to my shop and cause inconvenience to our staff and customers. Please Advice
486 My flat is vacant since last one year. Our society charges Tanker charges in the maintenance bill. Pls. let me know whether tanker charges are applicable for vacant flats
487 Society is asking for building repair charges despite charging of sinking funds every month, is it fair?
488 Can there be 2 different Bank Accounts in different banks for maintenance of a single housing society?
489 Our co.op.hsg.soc. in Mumbai needs to get a lift replaced. Where should we be using the funds for this purpose? Would it be from the reserve fund or only by making the members contribute towards this? Please advise.
490 According to the current market situation, what would be preferable: buying or renting a flat in Mumbai?
491 I am looking to buy a flat, are there any tips on how to compare the different flat rates in the same area? Should I differentiate on lumpsum, carpet or builtup?
492 How do I make sure that the builder has the permissions for the construction? Is there a set of documents that I must check before buying a house?
493 How can I be sure whether the builder has sold the flat to someone else without registration or not?
494 How does one confirm that a builder actually owns the land on which construction is being undertaken? Also, how does one verify that all clearances required for the project have been obtained by the builder?
495 What is the expert view on the commercial real estate markets in Mumbai?
496 Do ready reckoner prices have an impact on the prices of property? If yes, what is it?
497 While buying a new flat, if I prefer to furnish the flat myself versus accepting the standard interiors provided by the builder, can I negotiate a rebate for not using the builder's furnishings?
499 How does the builder decide the schedule of payment for a flat? Why does most of the payment have to be made before final touches are being made to the building?
500 What are the factors due to which property prices are so high in Mumbai?
501 Is there any reduction in property prices expected in Mumbai?
502 Will Mumbai real estate prices be affected by the Smart Cities initiative?
503 Will the rise in FSI result in an increase of real estate prices in Mumbai, or the opposite?
504 I am looking to purchase a flat on the 10th floor and C.C. is upto the 6th floor. Why do developers not obtain the full CC in one go?
505 When buying real estate for investment with a budget of 1.5 crore, which areas in Mumbai give the best ROI?
507 Do builders usually give guarantees against defects in the property? If so, what would the terms of such a guarantee be?
508 If the builders are reaping benefits from lower prices in steel and cement, why don't they pass on these benefits to the consumers?
509 Are there any implications involved in the re-sale of a flat in a building that falls under CRZ?
510 If I am willing to buy a house in a building that falls under CRZ, will I be able to buy at a lower price as compared to the market rate?
511 What is the premium one should pay for a flat which is certain to go under redevelopment in a few months?
512 Does it make economic sense to buy a flat in a dilapidated building?
514 If you buy a flat on EMIs in Year X and get possession of the flat after 5 to 6 years, which is the year in which the property is considered to be bought?
515 What are the options of buying a flat on a co-ownership basis? I wish to buy a flat in a breakdown of 70%, 20% and10% among three different owners. Is it possible to do this in the sale agreement itself? If not, then what would be an alternate option?
516 What is the difference between the the total costs in buying an under-construction flat versus buying a ready flat?
517 Is there a check list of precautions and documentation to be considered for buying a flat, be it an under-construction one or a ready one?
518 I have entered into a property buying agreement. I want to know if the seller can sell it to some other buyer if I can't make the payment on time?
519 What can I do if the original papers of an SRA flat that I bought are lost? This flat is in Mumbai?
520 I paid a token amount of 1 lakh rupees to a builder via cheque. But I could not go ahead and register the flat as the sale of my existing flat didnt go as planned. Now, the builder refuses to return my money. What can I do in terms of legal action?
521 I wish to buy a flat in Bhandup that is going to cost me approximately 45 lakhs. According to the market situation, is this the right time to buy?
522 I purchased a flat with my brother as a co-owner, to strengthen my chances of getting the loan approved. I paid a fee for the registration. Will I have to pay the registration fee again if I get the flat transfered on my sole name? If yes, what would be the amount?
523 I recieved a token of INR 20,000 from a potential buyer in the form of a cheque, the receipt of which I have acknowledged. Now, he isn't willing to complete the transaction and wants his money back, but I don't wish to return it. What can I do about this situation legally?
524 I wish to invest in a 1 BHK flat in Mumbai. Which areas are good to invest in from the points of view of price apreciation and ease of finding tenants? I have a 5-year horizon.
526 How do I verify that the construction of a building is as per the approved plan? I am considering buying a flat in a building where the original plan had one unit per floor, which is also reflected in the completion certificate. But in reality it has two units per floor. Should I risk buying a property in such a building?
527 In a situation where a residential project in Mumbai is APF approved by a well-known financial instittution, does one need to conduct a separate property search through a lawyer, or does the financial institution's search report suffice?
528 My wife owns a 300 sq. yard property which she wishes to sell. She owns this property from the time before we got married. Do i also need to sign as a seller, now that we are married?
529 I wish to buy a residential property in Mumbai purely from an investment point of view. Is this the right time to make such a purchase or is the market expected to plummet soon?
531 When buying a flat, what are the legal aspects to be considered? Should I hire a lawyer to help me with this transaction? If so, what should be the scope of services?
532 I live in Mumbai in a flat which is owned by my mother, who lives in Assam. How do I go about buying this property from her and transferring it in my name?
533 Is registeration of Sale agreements/ documents of ownership flats a compulsion? If yes, why?
534 Our flat in MHADA is in my brother's name. We took out a loan together for this flat but I paid all the EMIs and the down payment. Now I wish to transfer the flat in my name. What is the procedure?
535 Is there any way to estimate the rent that will be provided to the existing tenants of a society under redevelopment for the period of redevelopment? Does there need to be a minimum corpus?
536 Is there a mandatory amount of square footage that a builder must give to the society? Also, what is the quantum of extra area that the builder gets ?
537 How long does it conventionally take to complete the construction of a 12-storey building?
538 Can someone explain the process of redevelopment?
539 Are we permitted to redevelop a society without a proper OC?
540 If a part of the property area is encroached, can a society member ask for an incentive area for the same?
541 Can I demand an incentive area from the builder if I have a terrace attached to my flat? If yes, how much?
542 Is there a need for a consent from all the members to undertake the redevelopment process? Is there an alternate way if some members are delaying the consent?
543 If we want to redevelop our building and there are some illegal encroachments on our property, what do we do about it?
544 How does one choose a PMC?
545 Is the builder liable to pay for the shifting and broker charges each time if the existing tenants have to shift more than once during the period of redevelopment?
546 How does one determine when it is safe to vacate one's premises, in a redevelopment scheme?
547 If someone who has illegally encroached unsold parking areas, basements or terraces and demands to be compensated through a free space during a redevelopment, how does a builder tackle this situation?
548 Does an IOD take between 6-8 months to obtain, as builders claimed?
549 If a builder refuses to load the entire FSI on the redevelopment project before the existing owners vacate, can this be detrimental to owners' interests? Is this a common practice for such projects?
550 Can we redevelop our building if we come under CRZ ?
551 We are planning to redevelop our society, but it is built on a leasehold plot. In this situation, would we require the consent of the landowner to undertake redevelopment?
552 We have a flat in a bldg in parel which has flats of various sizes ranging rom 100 to 200 square feet. Our flat is 300 square feet. If the building undergoes redevelopment, how is the size of the flat that everyone is supposed to get decided?
553 We own a flat in Chunabhatti which is under the paghdi system. The property is now going for redevelopment and the builder has promised me a free flat in exchange for my participation. What can I do to ensure that this promise is honoured, as I am not the owner of this flat?
554 I own a plot in Mumbai and I wish to erect a three-storeyed building with 2 flats on each floor and sell these flats. How do I go about doing this?
555 Is there any way to ensure that the builder has offered adequate bank guarantee?
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557 hows the day?
558 What is the meaning of FSI?
559 What is the meaning of the term TDR?
560 What is the meaning of fungible FSI?
561 What is the full-form of CRZ?
562 What is carpet area of a building?
563 What does built up area mean?
564 What is IOD?
565 What is CC?
566 What is a CFO permission and why is it necessary to get plans approved with MCGM?
567 What is Property card and CTS plan of a property?
568 What is 0.33 FSI mentioned in the papers? They say it is now 0.5 FSI. Does it mean it is over and above FSI available to builder?
569 What is ULC? What properties are affected by the same?
570 Is it true when builders say that BMC premiums have gone up very high and account for a very large cost while constructing in BMC limits?
571 Can we get full CC of a building or it is always in parts?
572 Is it true that the new DP 2034 will increase FSI available to a builder and will increase supply in Mumbai?
573 How long does it take to get full approval of a building before which a builder can start construction? Is it true that there are mutliple clearances from difference departments before one can start work?
574 While buying a flat in an old building, is it possible to procure the sanctioned plans? If so, how do I go about it.
575 I want to join two flats and make it into one, will I be permitted to do so? If yes, then what procedure needs to be followed?
576 What is the FSI available to a builder on any given plot for residential purposes or commercial purposes in Mumbai?
577 How do I verify if the current structure of a building is as per the mentioned structure in the plan. As the plan allowed only one unit per floor, but the completion certificate was granted even when there were two units. I want to buy a builder floor in this building, what can I do?
578 I want to know if the builder has the approval on the building that has been built, he has all the other required apporvals. I tried asking him multiple times, but there was not straight forward answer. The land is built on non-agricultural land. Should I assume that he might have the permission as he has all the other persmissions?
579 We purchased a property from a builder, he sold it to is saying that the land is converted from agricultural land to residential land. We found out later that the layout is on gram panchayat limits after the purchase. We haven't gotten an individual property identification number and our land his neither been bifurcated, the builder is giving vague reasons. Will this be a problem for us?
580 I am a landowner of a 1000 sq. meter property in suburban Mumbai. As per the current regulations, what FSI can be consumed for residential premises?
581 How can we ascertain whether a prpoerty in mumbai city limits comes under Estate or not?
582 I want to break a wall in my flat to make my bedroom bigger? Is there any permission I need to take from MCGM to do this?
583 Can I construct a residential building in industrial zone?
584 Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
585 What is the current High rise definition? What does it entail?
586 Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
587 Are restrictions near COD still in place in areas such as Malad and Kandivali?
588 What is the new TDR policy which allows us to consume more than 2 FSI?
589 Can we construct in CRZ zone?
590 Is Mahim stretch part of CRZ?
591 What is a gaothan? Are there any FSI limitations in it?
592 What is DP 2034? When will it come into force?
593 Can we get Commencement certificate of a part building? My builder has only got it for 4 out of 10 floors.
594 What is Mhada FSI policy applicable in Mumbai city? Is it true we can get more than 2 FSI there?
595 arnab?
596 What would be the applicable registration fees and stamp duty while purchasing a flat?
598 Is it possible to reduce the tax burden on homes? What are the ways of calculating the capital gain tax?
600 Will it be possible for me to get a property registered under my wife's name which I bought when it was under construction and for which the possession is due in August 2017. I bought the property by taking some loan and by adding my own funds as well. I want to gift this property to my wife while keeping the loan under my name only. Also, are there any tax implications for this service?
601 I recently purchased a flat which is in an under-construction property. The landlord and builder own half the flats each as per the JDA. The flat I am purchasing is from the landlord. He is not going to pay VAT and ST on this transaction, maybe he will pay capital gains tax. In such a situation, will the new law of cutting 1% TDS be applicable to me?
603 I sold my old house for 19 lakhs for which the sale agreement was done in April 2012 and registered in September 2012. In October 2012, I bought a new house for 25 lakhs. Do I have to pay taxes on any of these transactions?
605 In what way can I lawfully save taxes on property in two scenarios related to my flat. Scenario one, the value of my flat is 1 crore and I want to sell this and buy a new flat in Mumbai. Scenario two, I sell my flat and want to keep the money without investing it again in a property. Please suggest.
607 I had one flat which I sold and to save taxes, I purchased another flat partially from the sales consideration received and partially by taking loan. Now, if I sell this flat within period of 3 years of purchase then on what amount am I liable to pay taxes?
609 I applied for a flat which was allotted three months later, entire purchase consideration was paid by me in instalments. Possession is not yet offered by the developer. I have entered in an agreement to sell, I have received the advance and will receive the balance amount soon. How can I calculate the tax liability on this?
611 I booked a flat in 2010 and got possession in 2013. If I sell the flat now, will it attract capital gains tax? Which date is considered to be the purchase date?
613 If I buy an under construction property in Mumbai which was earlier allotted by the builder to the land owner, through a tripatriate agreement with the land owner and the builder, is VAT payable on this transaction? What would be the GST implications?
615 I bought a flat in Coimbatore for 11 lakhs in 2007.Now, I have an offer of Rs 21 lakhs for the flat. Is the difference amount taxable? If yes then what would be the taxes I would have to pay? I wouldn't be willing to sell it if the taxes are too high. Please advice me as soon as possible, thanks.
617 I have a doubt on the VAT to be paid on an agreement value. My builder is asking me to pay 5% VAT on the agreement value for a flat bought in June 2008. Please suggest as to who is liable to pay the VAT and how much should it ideally be?
619 We wish to buy a flat in Mumbai after selling our flat in Pune. The flat in Pune is in my mother's name, we want to avoid capital gains, so is it advisable for my mother and father to have a joint ownership? Also, if this happens will it impact the exmeption claimed by my mother on the property?
621 My wife won a flat in a lottery by MHADA in Mumbai. This was in 05/2012. The possession is expected to be given to us soon, 95% of the payment is done. My questions is that will the TDS @1% be applicable after the final payment or otherwise?
623 I bought an apartment seven years ago jointly with my husband. Now if I sell this flat and buy another flat in the same city itself, what are the capital gains implications on this transaction?
625 I have sold my society plot in Mumbai in July 2012 and I have capital gain of 10.50 lakh. I don't want to buy a property of this money rather want to invest in tax free bonds. Can you advice as which tax free bonds are good to invest in at what interest rate and locking period?
627 I gave my property of 2 and a half acres for a JV and got 20 apartments out of that. The capital gains tax on this is very high and I wish to get capital tax exemption, how can I do that? Also, which sections should I be cautious about with regards to the land?
629 I recently sold my flat. Of the sale proceeds, the long term capital gains are about 19 lakhs. I own other property as well. Can I invest these proceeds in another flat or plot of land to be exempted from LTCG?
631 I want to renovate my ancestral property. This property is in my father's name and is in Mumbai. I want to know the most cost-effective way to become the co-owner of this property and claim income tax deduction for the loan borrowed for renovation?
633 I am thinking of buying a flat that is in the builder's name as the seller hasn't registered it on his name. The seller has been living in the US for the past 4 years. Now, I am willing to buy this flat under a tripartite agreement and deposit the money in the seller's local account. I want to know if there will be any issue over the Section 195 IT Act later as the seller is stating himself as a non-NRI?
635 I own a flat in Mumbai in a building that went under redevelopment. The original carpet area of the flat was 318 sq ft. After redevelopment the builder has given me 100 sq. ft free of cost and I have purchased another 100 sq. ft from him. So now the total carpet area is 518 sq. ft. The agreement is also registered. I want to know what would be my tax liability and purchase value when I sell the flat?
637 My father wants to sell one of his houses. He has two houses in his name. He bought this one for INR 40,000 in 1986 and now it is worth 2.25 crore. What would be the capital gains tax he would have to pay and is there any way to reduce it?
639 I am planning to buy a house in Bhandup. I will be taking a loan of 30 lac for the same. Now my plan is to either take a prepayment of 10 lac in year or take this 10 lac and make it an FD and use the interest from it to pay the regular home loan emi. Which of these plans is better?
641 I bought a flat in NOV- 2009 and paid the registered amount. This falls before march 2010. The agreement of sale provided by the builder does not involve any VAT mentioned. Am I still liable to pay the VAT? If yes, how much? The builder has also filed a civil case and is charging 2.17% of the price of the flat from all the owners. What can be done?
643 I am a Captain in the Merchant Navy and as per Income tax rules I am an NRI. I wish to sell my property in Mumbai that is jointly owned by my wife and I, and invest the proceeds in another property. Is there any TDS to be deducted by the buyer in this situation?
645 I own two flats in Mumbai. One is in Kandivali in my name, and the other is in Goregaon in my wife's name. I want to buy another flat, ideally in whose name should this flat be bought?
647 My brother has recently sold some land. He wants to buy my house so that he can minimize his capital gains tax payment. If I sell him my house, will he be eligible to claim exemption on the tax as intended?
649 Is the capital gains taxable if the property is sold after 3 years of the date on the sale agreement?
651 I am a 36 years old salaried individual. I bought a flat 7 years ago for 5 lakh and sold it recently for 16 lakhs. I purchased another flat this year for 32 lakhs. How do I file my return?
653 If I want to transfer my share of a flat that I jointly own with my mother to my wife, what will be the costs involved? Also, after the transfer is complete can I pay rent on this flat and claim HRA exemption in my salary?
655 I had bought a flat in Mumbai for which the builder is asking for service tax on the cost of construction. I wanted to know if this service tax is applicable on us and if yes, what is the % of amount that we will have to pay?
657 I own three flats, one of which I occupy myself. The other two are empty. All three have been bought with home loans which are still being repaid. Can I give out the other two flats on rent, and still claim tax benefits on the home loan interest payments?
659 I purchased a flat in 2004, and another one which I will get possession of in the first quarter of 2015. I will move from the old flat to the new flat once it is ready, and then sell the old flat. I would like to minimize the capital gains tax on this transaction. How do I time the two transactions to do so?
661 If I want to gift my flat to my daughter, what are the legal implications regarding: 1. Title and how is this established, 2. Is gift tax leviable and when?
663 I bought a property after July 2010. I have received a letter from the Central Govrnment asking for service tax which is due on this property. Is the service tax due on such a purchase?
665 What will be the impact of GST on the property prices?
667 Does a purchaser need to pay GST while puchasing a property in a building with OC?
668 "Booked" an apartment in a pre-launch project in 2013. The expected completion date informed was 2017 but the project had severe delays. And now is estimated to be completed by 2021. Requested cancellation of the bookings several times since last 2 years but the developer claims that if I cancel then 50% of the down payment will be deducted as cancellation charges. I want to receive my full refund and even better with nominal interest, what can I do ?
669 Is it necsaary to register under RERA if builder wants to sell flat only after OC ?
670 Booking cancellation - is it allowed to cancel a booking made during the pre-launch (2013) of the project, where the project has now revised its possession date by 5 year vs what was indicated during the pre-launch booking (initially indicated possession date 2017, now revised to 2021) ?
672 We paid a small token in cheque and rest in cash to a builder for 4 offices in a under construction property in andheri. the project has not seen the light of day since 2008. Now we hear that the builder has made a deal to sell the plot to the neighboring plot owner. how can we ensure that he does not get paid without compensating the investors ? Can he make us the payment in cheque since he will receive all cheque for this new deal. will we be taxed on it as we paid only a small token in cheque. how much should we expect ?
673 I am planning to buy a resale flat in Borivali. Is there a way for me to verify if the property is legal or not?
674 I have purchased a 1BHK Flat in Kandivali West in September 2016. I was recently informed that the agreement for same has to be remade as per RERA. Is this true?
675 Can old buildings that have no OC be considered for redevelopment?
676 Is it true that houses in under-construction projects will become costlier because of GST, compared to ready-to-move-in properties?
677 What is BCC?
678 Can ceiling paints help reduce room temperatures?
679 What is Special General Meeting?
680 What are the standard things to do and to check before buying a flat in an under contruction project?
681 Will the EMIs on home loan shoot up, due to the GST?
682 Do NRIs require permission from RBI to acquire property in India?
683 How much can a landlord charge as Security Deposit for a lease?
684 What is meant by conveyance?
685 The project in which i had purchased a 2BHK could not get successfully registered with RERA. What does this mean for me?
686 What are cessed and non-cessed buildings?
687 What GST Tax Benifits can be passed over to the buyer from the builder?
688 What is the procedure for obtaining an IOD ?
689 How thick is a standard dry partition?
690 What actions can the society take against the members who arent paying their dues?
691 What are the pros and cons of buying a flat on downpayment mode?
692 What is a home improvement loan?
693 What is the minimum period for which an appartment can be rented?
694 What is the difference between conveyance and deemed conveyance?
695 I am looking to buy a new flat. Does my broker also need to be registered under RERA?
696 How many cess categories are there?
697 I live in a 2BHK measuring 570 sq.ft. flat in Ggoregaon West. The current thickness of the internal walls is 4 inches. Is it possible to reduce the thickness of the internal walls to utilize the space more effectively ?
698 Is the society obliged to disclose accounting books to its members?
699 What documents should I check before buying a new property?
701 Do areas of Navi Mumbai, Turbhe, Vashi etc come under MahaRERA?
702 I have purchased a flat in an under construction flat in dombivali in March 2017 for which the agreement was registered in June of 2017. Now the Developer is demanding for 12% GST on payments post July 31 of 2017. When i asked him about the transfer of benefits dues to input tax credit, they said that it would be adjusted only at the time of possession. Is there any policy for GST applicable on under construction flats.
703 Do the regulations specify a minimum height of the compound wall?
704 What kind of glass should be used for full height french windows?
705 Can a member who has already paid his dues of the society prior to the scrutiny of the nomination contest for election?
706 Who needs to pay the stamp duty, the seller or the buyer?
708 If a project is registered with RERA and is delayed in terms of completion, will this warrant for any penalties to the developer?
709 What all taxes will be levied on me when i purchase a flat in a ready building?
710 What is DRC?
711 What plants or herbs would be good to set inside the house?
712 In case the Secretary of the outgoing Committee fails to convene the meeting what are the possible alternatives to it?
713 I want to sell my property. What documents would a buyer need from me?
714 What documents are required for the application of a home loan?
715 I am a developer. According to RERA, is revenue considered based on consider market rates or ready reckoner rates?
716 What taxes are applicable for ready to move in appartments?
717 What is Estate Department?
718 Which people are not eligible for the election of committee member?
719 How do banks valuate the property for insurance purposes?
720 We are in talks for redeveloping our building. We are confused as to why are we are supposed to pay 18% GST and new buyers suppose to pay 12% GST?
721 Can I convert my stilt parking area into an enclosed storage space?
722 What does a home insurance policy cover?
723 Is it true that while selling ready to move flats, GST is not applicable?
724 What is bank guarantee?
725 How is bank guarantee for a project calculated?
726 Why do developers offer a bank guarantee?
727 What documents are required for deemed conveyance?
728 How does RERA affect property brokers?
729 What are the standard ways for a society to express its intent for redevelopment?
730 With the introduction of GST, is Service Tax still applicable on under Construction Projects?
731 What is meant by loading?
732 How high should the window railing be?
733 What is the new election procedure for co-operative housing societies?
734 Can I sell the property, even when the home loan is outstanding?
735 What are the benefits of taking a home improvement loan?
736 For update on rerado we again required certificate from c.a, architect , engineering ....... Or we just have to fill details
737 For update on rera do we a okay need to submit all documents related to architect engineer and CA certificates all just we have to update and feel the retail
738 According to RERA, if all the flats are sold purely on carpet area basis, how will balcony or pocket terrace be calculated and added to the area of the flat?
739 I'm looking for a shop on rent. While searching, I found a shop that is already leased by another person. 5 months of the 1 year agreement have passed. Now the lessee wants to give it out on lease to me. Is such an agreements safe?
740 The definition of an allottee includes not only a transferee by sale but also by another transfer whatsoever, which would include a mortgagee too. So can a mortgagee have the same rights as an allottee?
741 A flat was previously bought in 1991 in Mumbai with a power of attorney. Now that the original purchaser is deceased, can it be registered to their heir?
742 What all documents should I have received from the builder after possession of my flat?
743 How is the introduction of GST going to affect my maintenance charges?
744 How many Students can be taught at a time in my Residential flat ( in a co-op housing society ) in Mumbai ? What are the relevant Laws ?
745 Can I run tuition classes in Mumbai in a residential flat in my co-op housing society?
746 What are our options of redeveloping if our building belongs to a trust?
747 What are the pros and cons of buying in a residential complex vs a standalone building
748 Is it mandatory for all societies to segregate and process waste in-house?
749 I am looking forward to take an apartment in Mumbai on a leave and license basis. Are there any precautions I need to take? Also, is it completely safe?
750 On what parameters is the rental deposit amount of a flat decided in Mumbai?
751 Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
752 Why was the rental lease agreement period 11 months initially?
753 I am a landlord and I want my tenants to vacate the flat before the end of the lease period. Can I do that?
754 What is the general amount of deposit to be paid for a one year lease?
755 Do buildings in Mumbai fall under the rent control act?
756 My father owns a property in Mumbai which he has given on rent to a person for the past 22 years. I wanted to know if there is a time limit before the tenant can claim legal possession of the property?
757 I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
758 My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
759 On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
760 I own a few commercial and residential properties. Some of these properties are occupied by people who aren't paying any rent or vacating the property. What can I do in this situation?
761 In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
762 What is debutter property?
763 Can a tenancy be alienated at will? If so, what is the procedure for the same?
764 Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
765 Under what situation does a 'tenancy at will' arise. Once it arises, when does it end?
766 Is it safe to do a Business Centre Agreement while leasing out commerical premises?
767 What is the difference between a lease and a rental agreement?
768 Is there any proecedure to waive off the forfeiture of a lease? If yes, what is it?
769 Besides using a real estate broker, how else can one find a flat for rent in Mumbai?
770 If a suit has been filed to evict the lessee, can the leasee then prevent the termination of the lease?
771 If a lease is over and the landlord accepts another rent payment from the leasee, does it amount to the lease being renewed automatically?
772 In what conditions can one terminate the lease agreement/tenancy? And how to do it?
773 In what situation is a landlord allowed to forfeit a lease?
774 Is Rent Control Act helpful for the tenants? If yes, how?
775 Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
776 Till the time the mortgagee has possession of the property, what are his liabilities?
777 Is a tenant allowed to sublet the premises? If so, how does one go about it?
778 Can a flat ownership be safely given via leave and license? What are the problems that can be suffered if this goes wrong?
779 Where is the luxury high-end residential real estate market headed? These buildings are concentrated mainly in metros. Will the trend continue or there will be a slowdown in this specific area of the real estate sector?
780 ne quetsions
781 I am a real estate agent. If I connect a client towards one project, the deal is done via me. If the project is not delivered on time or project is closed or delayed by some reason, I get into obligation & problem. Can my client sue me for the same, according to RERA?
782 I have recently purchased a 42 inch SmartTv. I am not sure as to how far should the seating be kept from the Television?
783 Is Capital Gains Tax applicable on Ancestral Agricultural Property, if so , what are the Rates. Can one avail Tax saving on the same.
784 What taxes are applicable if i am looking to sell my flat?
785 I am an NRI and want to know if it's possible to nominate someone to sign the registration documents while buying a property, as I am not physically present in Mumbai, where the property is located.
786 Can I get tax deduction benefit on loan repayments on more than one property?
787 I want search for online documents like Property card or 7x12. Is there a web portal to search for documents of properties in Mumbai?
788 I am looking to transfer the ownership of my flat to my mother, any ideas or suggestions on how to go about the process?
789 Audio Question
790 What is the impact of GST bill on real estate industry?
791 In the recent changes made to GST rates, has the GST for Cement decreased ?
792 I want to buy a 2bhk flat in my neighbouring building. I live in a 1 bhk flat owned by my father. We plan to take a home loan based on my salary and mortgage the existing flat and his shop and take a loan to completely finance the purchase of new 2 bhk flat. We will put the old flat on rent and use the income from that and father's business income to repay the mortgage loan. but we don't know how to process all this, what are the rules and what documentation is needed. Also, can you suggest someone who can manage all this?
793 What are transferable development rights? What are some examples?
794 can the registration under RERA be revoked?
797 How to and where to complain against Secretary & Chairman of Residential Co - Op Housing Society in Mumbai ?
798 I have a 3bhk flat in charade, Pune. I have already paid 2 years maintenance to builder and paid quarterly maintenance to society after two years but the society formed without builder's handover when we got possess and now society members asking us to pay the two years amount to them as builder is not giving the two years maintenance to them and they are stopped our services even we paid maintenance on completion of initial 2 years. We have recipe too.This is harassment. Please advice.
799 my father bought a land we completed the registration process we kept some money on hold 10 lakh rs and the seller made sell agreement on our other land for 1 year for 10 lakh now 1 year is over and we did not gave him 10 lakh and now he is claiming our land but we want to give him 10 lakh but he is not accepting money now he want land what we can do
800 Can I ask something related to housing but not GST related.
801 I purchased a flat in July 2016. The property tax for the period 2013- 2014 was paid in excess by previous owner and other members. However in September 2016 the municipal corporation refunded the amount as it was excess. Now the society is not releasing the refund to me, although I am the registered owner of the flat. As per my understanding all the assets and liabilities have been transferred to my name and hence have a lawful claim on the refund. The society is denying this claim and wants to retain the money. Following are my questions.1. do i have a right to claim refund given the sale agreement and transfer of rights 2. As a member of the society am I liable to contribute to legal expenses proposed by society to litigate against my claim?
804 I own a flat given to the tenant on leave and license for 22 months. Clubhouse is owned by the builder and charges for the same are to be paid separately mandatory which is different for owners and tenants. At time of possessions builder has already taken 1 years clubhouse charges in advance from owners. From 2018 who is liable to pay clubhouse charges owner or tenant?
805 I purchased a plot of 213 square yards. But it was not in a rectangle shape. The venture layout doesn't have permission. If I make it to perfect rectangle, am losing 25 square yards. Wat action can I take against the person who sold the plot
806 Latest notification of crz
807 Latest notification of crz
808 If builder/promoter has not register his project under RERA and his project has more than 500 Sq Mt and is an ongoing project ,can i file my complain Under RERA? I have Sale Deed executed but the builder is not responding to my request to complete my Duplex
809 Our building in Thane is registard society is going for redevelopement. We have done conveyance agreement and Builder put up plans in TMC for approval. Now suddenly builder is asking all flat owners to pay GST 18% on their carpet area as per the ready reckoner rates which is huge amount. I wanted to know whether this cost should be borne by builder or society members . pl let us know any TMC rules for the same.
810 What is the stamp duty & registration charges applicable in Gujarat for hindu wife parting with her share to her husband or her mother in law through settlement deed upon divorce without any consideration as a part of Divorce agreement? She had not contributed for purchase of flat but amount was paid by her cheque to builder out of funds given by her father in law as interest free loan credited to her account.
811 In pagdi system a tenant can sold his home to any other person or he can only sold his home in which he stays to landlord only and he can sold that room which he stays in pagdi system can be sold as per market value to other person or landlord
812 As a owner I already pay the maintenance of the club house facilities. Now the society has decided to also charge extra for tenants for using club house facilities. Can a society charge extra maintenance or amount to the tenants for using these facilities?
813 WHAT IS DIFFERENCE BETWEEN NA ORDER 34 AND NA ORDER 36
814 Is it compulsory to register under RERA for every redevelopment plan of building
815 i was purchased a plot(roha) in auction from SICOM in1993. It was mot registerd . Want to know (1) whether the agreement to be register , ( 2) if yes, how much stamp duty to paid
816 Which kind of wall material used in SMRITI57?
817 Facts: My company is a sub-tenant using part of 'Toka' tenure land. The land owner had given this land on lease to the lease holder and the lease expired in 1975. However, the lease holder has not been evicted by the land owner till date. Several sub-tenants are currently occupying structures built on this land since 1968. The sub-tenants pay rent to the lease holder even today. Arrangement: I, in my individual capacity, intend to purchase the land from the land owner. Query: Does the lease holder, whose lease expired in 1975, but has not been so far evicted, have any rights in the land that can adversely affect my arrangement?
818 Hello Sir. We have a property of around 83 acres which is in the I zone and classified as Industrial. We want to plot the property to sell it. Can you please advise what is the procedure for plotting this land. We were reviewing option of applying SEZ status for the land. However, since it is less than 100 acres, this would no be possible. Can you possibly suggest which would be the ideal development for this plot.
819 I have paid Rs18000 to the builder as maintenance. I got possession of the flat in November 2017. The Agreement says that I don't need to pay maintenance till October 2018. Can the society members charge me maintenance, arguing that they are spending money for water tanker , electricity etc.
820 I am buying a property from a lady. Her husband has passed away. They have the only daughter residing in USA for a decade now. In order to purchase the property by taking GPA from the daughter in favour of the mother, there is implication of TDS under section 195 of the income tax act at 20% on the portion of 50% share of the daughter. Hence, the lawyer from the seller side has adviced to take a GPA in the name of mother from daughter. The mother will execute a release deed in her own favour and become 100% owner of the property. Then she would transfer the property to me as a resident in India. This will have the impact of 1% TDS. The query is "Can the mother execute a release deed from her only daughter in her own favour and then sell the property to me" is this legally right? Further, they do not want to execute the GPA in anyone else favour to save the Stamp duty if GPA is made in favour of a person outside the blood relation?
821 My mother is indian citizen and NRI. My son is PIO. My mother gifted agricultural property to my son in 2003.But in 2008 she entered a developmental agreement with builder. Who really owns title?
822 Sir, i wanted to know the current FSI given in kurla where the road width is 9.1m
823 If a pagdi building collapsed then does the t tenant gets any compensation or they loose their home forever
824 What is the name of the qualification required for you to work in property management or sales?
825 THERE IS A PLOT FOR SALE IN CHAHROLI TOWN PLAN EXTENDED AREA OF PIMPRI CHINCHWAD MUNICIPAL CORPORATION, BUT IT COMES UNDER GREEN BELT AS PER CITY PLAN. IS IT ADVISABLE TO BUY THE PLOT FOR CONSTRUCTING INDIPENDENT ROW HOUSE? WHAT ARE THE CHANCES TO CONVERT THIS GREEN ZONE INTO YELLOW ZONE ?
826 I am looking for a 22 years old property in mira road. The agreement paper of that property papers do not have stamp of registration.What it's mean ?and What is the risk of buying such property.
827 Our developers applied for obtaining plinth leval IOD before registering development agreement is this OK
828 How to register GST
829 Our society is 10 years old. Society completed dimconvense and have order of DDR. Adgucatation process remaining. Society hav 2700sw.mtr. FSI. Want to sale can you guide how can society go through to finalize deal? It is mendadory to sale fSI to founder developer/builder only?
830 Which type of tax is the GST?
831 What are the Documents Required to apply for a PAN Card for a Minor?
832 Best Real Estate company in chandigarh? I want to invest my money
833 Why students are failing at writing their own essays?To write academic paper with all the necessary qualities, there are just two options you completely should do: read and write. Everything else will spill out of these two exercises, which are basically yin and yang. Reading and writing can't exist without each other. They depend on each other.Check here <a href="https://dissertationpanda.com/">Dissertation writing service</a> they are two attached skill.Reading includes two things, understanding of the topic and the memory to hold the material read, both of which are parts of the learning procedure. Truth be told, a considerable measure of studies have even proposed that writing aptitudes enhance from reading overall, instead of the different learning of language and sentence structure. Nowadays even a little piece of writing, such as making a business introduction, frequently requires inquire about abilities that include a great deal of reading.
834 Why students are failing at writing their own essays?
835 How does reading helps to improve your writing skills?
836 Can a defaulter member sell flat without informing society?
837 What is the importance of GST today?
838 Can we complain if Promoter is false advertising against details on Rera website or even demanding advance without registration and based on false information on the rera website?
839 After the recent death of my mother, I went to the landlord for transfer of tenancy of our room in a pugdi system with all legal documents and NOC from siblings.. The landlord has agreed for the said transfer provided I agree to give my consent to him for redevelopment.. Should anI sign the consent.. What can I expect from this consent.. How many types of consent are there..
840 How to check property card
841 Is society management software the best solution for operating housing society
842 I have booked flat in April 2012 in mumbai by paying down payment of 70% and balance on possession. Project delayed, I entered in to sale agreement. Now builder asking for payment of fungible FSI premium. Also he inform area now increase by 50 sqft. Kindly advice whether it is correct/legal on part of builder to ask for preimum he has to pay now
843 What is height restricted on railway buffer zone in MCGM limit
844 How will BJP win in the indian elections or Narendra modi winning the polls help real estate market?
845 Can Narendra Modi create a difference in the real estate market now that he will come back for second innings?
846 Hi.. we are a hyperlocal news network https://newswithchai.com/ For advertising connect on +918657587083
847 Hello Sir, We are four sisters n one brother my mom stays in pagdi house for which she has made a will wherein property to be given to my elder sister where in only two people signature are involved Drs and Social Worker as my mother is a cancer patient now she has died the will is been made by my elder sister without intimating any sibblings in such scenerio can she transfer the property to her name
848 Hello, I'm basically from Chennai, purchased a property in Thirumazhisai(near Poonamalle) area some 20 years back, which was a corner plot joining a 40 ft and 30ft road. As per the layout drawing and the patta, the total land area is around 2492 sqft. But recently only we just decided to construct a compound wall, in order to protect the property. But to our surprise, when we do the actual measurements in the land area, we area finding it that there is shortage of around 200 sqft area. The plot is surrounded by empty plots, with different survey numbers on its two sides and by the roads on its other 2 sides. So in this case, what is the solution? In case, in the future if we want to sell this property, then, how this can be corrected? Thanks in advance for the answers.
849 Do I need to do any agreement, if I am giving my house on pagari systems
850 I have a flat in mumbai , but reside in another city . I have been trying to rent out the flat but have not been able to because of how the society is harassing us . First of all they have a broker of their own and would not allow anyone else to rent a flat there , everything has to be done through this guy . Second they are not allowing people of certain profession to reside eg- lawyers , tv/film people , media , ngo etc . i understand them not allowing bachelors but how can they stop us from giving it on rent to a certain family with a particular profession . I wanted to know what i could do here
851 Sir, My husband passed away in July 2020 we resided in a pagdi system building the flat is basically ancestral my husband lost his parents at a young age and the house belonged to my husband's father and his uncle 50/50, now the building is going for redevelopment how can I claim my right here???
852 Sir, My husband passed away in July 2020 we resided in a pagdi system building the flat is basically ancestral my husband lost his parents at a young age and the house belonged to my husband's father and his uncle 50/50, now the building is going for redevelopment how can I claim my right here???
853 Please sir tell me your Company
854 Can Developer avail FSI for construction due to proposed DP road as per DCPR 2034 when DP road is yet to be constructed with demolition of few constructions erecterd on the way. Though FSI sanctioed as per DP road width ,can he do construction for the extra FSI due to proposed D P road..
855 I would like to upgrade my parking from Open to Covered
856 During my flat registry I have paid Rs 300000 for my open parking. Now the developer is giving me an offer wherein I can upgrade my parking right from Uncovered to Covered parking. with an additional cost of Rs 40000. How do I legalize it?
857 Is it permissable to sell parking to Allottees under RERA
858 Does interest payable for delayed payment to MHADA attract TDS under Section 194A?
859 Audio Question
860 Can the address mentioned in the society be change? What is the procedure? When a society can borrow loan? [ vide Section 31,32,33, 42, 43 of Maharashtra Co-operative Societies Rules, 1961]
861 Powers, functions of Committee in a Society. [vide Section 72, 73 of Maharashtra Co-operative Societies Act,1960)?
862 A brother sold a property and purchased a flat. Since he was not in India at the time of registration, the flat was registered in his sister's name, and the amount was transferred to her bank account and paid from there. He claimed reinvestment benefit under Section 54 of the Income Tax Act, 1961. However, he is not listed as a co-owner in the sale deed. Does the property fall under the category of benami?
ID Email Contact services Query Date
1 test@tets.com 123 PROJECT FEASIBILITY REPORT query 2018-09-04 09:36:42
2 mrityun.skr@gmail.com 9096304089 PROJECT FEASIBILITY REPORT,CONSTRUCTION CONTRACTS I am Mrityunjoy Sarkar. Civil Diploma Engineer. Work start 2012. Work done : building project . Company : simplex & Ducon construction company. 2018-09-08 13:27:57
3 s326489854@gmail.com 9326489854 2018-09-09 17:14:41
4 harshgupta2205@gmail.com 9930536176 I am buying a resale flat in Casa Rio, Dombivali. Need to do registration. Explain the process and charges 2018-09-11 13:48:43
5 lionsfarm@gmail.com 9820688081 PROJECT FEASIBILITY REPORT,CONSTRUCTION CONTRACTS,STRUCTURAL ASSESSMENT,PREPARE DRAFT AGREEMENTS,ADJUDICATION & REGISTRATION OF DOCUMENTS,REAL ESTATE TRANSACTIONS 2018-09-13 15:32:17
6 vtrustassociation@gmail.com 9320120168 Sir, I am in property business as a consultant cum facilator .need more details about self redevelopment .I have nos of society's in Mumbai . 2018-09-18 03:24:11
7 sakahikamble44276@gmail.com 8976666993 2018-09-20 07:10:49
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