Anonymous
18 January 2025 at 13:58
Hello sir I have a query. we have a joint property in Delhi. Three floors villa distributed to three sons one floor to each son, (BY WAY OF PARTITION) who have been living here since construction by our father(SELF ACQUIRED) 40 years back. We also have one sister who is living in Himachal after her marriage. As per REGD.WILL of our father+mother(both expired) QUOTE" we exclude our daughter from getting any share in this property under this will. In case three sons want to construct further floors as permissible under law, three sons are entitled to the same in equal shares".UNQUOTE. However in the last para of REGD WILL it is written QUOTE" In case my three sons decide to sell or transfer or in any way alienate the said property then in that case the 10% of sale consideration shall be given to the sister or her legal rep.UNQUOTE.
(1) How to legally enforce the will in case sister refuses to sign NOC/REL. DEED and what will be court fee in that case.
(2) Does sister have any share in this property as per interpretation of WILL....... if we demolish and make new 4 floors thru a builder (one floor given to builder)
gk
14 January 2025 at 20:33
Dear Experts,
Pranam🙏
The term possession is bit confusing among the owners of our Apartments.
A1. Actually what is exactly the definition or meaning of "Possession" in the case of Apartments?
A2. Whether in Apartments property related issues (legal or not) the interpretation of the word 'possession' is different than the word/terminology used as "legal possession" OR "possession in legal terms" ?
A3. I guess possession is exactly associated with a date. Whether this date is the Registration date of that particular flat? OR the ownership transferred date (from the builder/developer to owner)?
A4. In case of a legal dispute, which date will be considered as the date of possession?
NB: Please note, that our builder is not fixed a date for the possession, he just handed over the keys on different dates to each owner - I mean there was not a possession hand over date in our case.
A5. RERA norms or any other State LSGD property Rules specifying a five year terms of guarantee by the builders to the owners as I understand? From which date, the five year terms of guarantee will commence? From this date of possession or registration?
We have some issues with our builder related to the RERA/PMC property norms, in that case how can we consider a particular "date of possession/hand over of flat" which has not been carried out officially?
Anticipating your valuable opinions /advice please.
(The Apartment/property is in Kerala)
Yours faithfully
kvg
shyam lal
11 January 2025 at 09:36
Can a registered NGO/society gift away portion of inmmovable property to a third party. .further the donee can sell the gifted portion??
Anonymous
03 January 2025 at 23:01
I purchased a plot of Land in gated plotted colony being developed by a Private Limited company in Ludhiana (Punjab). The promoters have for the first time formed this company. While signing the sale deed for registration, the company passed a resolution authorizing one of the directors to execute the sale deeds. So the said authorized director has simply put his signatures on all the pages of the sale deed without putting the company's stamp of authorized signatory. Even a copy of the resolution is not attached. Map of the colony with the marking of that particular plot also not attached with the registered sale deed delivered to me. Although that is licensed colony of GLADA and RERA, Punjab approved project. But true copies of these documents are not forming part of registered sale deed. The authorized director told me simply that resolution is already with Sub-Registrar. Kindly guide me if my sale deed is legally valid ?
Anonymous
03 January 2025 at 19:17
My property is still under construction and the banakhat is already issued with two joint person name. Is it possible to change mention bhanakhat amount??
Anonymous
03 January 2025 at 13:16
Dear All, I am re-selling a BBMP A Khata flat in Bangalore, Karnataka.
No legal issues on the property, all taxes paid - EC/ ESwasthu obtained, BESCOM, BWSSB, Kaveri available.
I am looking for clauses that I must have to protect myself from future/ unknown legalities/issues/government new regulations etc.
For example, indemnity clauses to protect from:
1. This is a "no OC/CC" property constructed in 2007, no legal issues since then until date (until 2012/2013 none of small builders were even applying for it, including my apartment)
2. "Deviations" against approved plan in terms of setback, floor area ratio (unsure of deviation percentage), minor/medium layout deviations, constructed individual flat deviation to "achieve FAR", but only on paper.
3. Maybe "non critical couple of missing land history documents" (most of the documents are available), like 98% clean title properties but not 100% due to lack of old 1/2 originals or even unclarity; in future any litigations occur ?
4. Any other obligations
Buyer is expected to be well aware of these but what clauses seller should add in the sale deed to protect herself from above - future litigations, future changes in government regulations such as Sakrama scheme related to deviations, NOC from several other departments that may be enforced in future with additional payments required, anything else to consider ?
Please advise.
Anonymous
02 January 2025 at 11:30
Dear experts
Any inputs will be helpful
Queries are - I am a seller, selling an old flat (BBMP A Khata, Bangalore, Karnataka) for 55 lakhs, while guidance value is approximately 35 lakhs.
Buyer wants to register at guidance value of 35 lakhs, and pay balance amount of 20 lakhs by any means (cash, account transfer),
As per indexation, property is under loss ,even if sold for 60-62 lakhs.
1. Do I need agreement to sale (signed by buyer/seller), where actual amount of 55 lakhs is mentioned and where it is also mentioned how and when 20 lakhs would be transferred/given by buyer to seller ? or when preparing agreement to sale, it should already contain transaction details on how 20 lakhs was "already transferred" to seller - completed transactions?
Additionally, on how much stamp agreement to sale be prepared then ?
2. Can I directly enter into sale deed without doing agreement to sell - is it necessary from legal or taxation perspective? Do I need agreement to sell to be available as evidence/supporting document for additional income of 20 lakhs to me (though no tax liability as the property is under loss) ? or just producing income details from property sale (35 lakhs sale deed copy, 20 lakhs credit in account statement = 55 lakhs total income on house property)
3. The buyer has to provide amount in sale deed (35 lakhs) by "DD only" before signing the sale deed at SRO ?
Of course, the buyer should, by any means, provide the balance 20 lakhs before signing sale deed, right ?
4. Should the sale deed contain "exactly same clauses" from previous sale deed + additional new transaction that is being done on first page; or buyer can add more clauses in the new sale deed ? In essence, will it be a copy of previous sale deed with just new transaction being added ?
I do not want to accept cash or do any grey transactions
How do I safe guard my interest to take full amount of 55lakhs, safe guard any future issues in property, before singing sale deed and transferring property to buyer ?
Do I need to have a lawyer accompany me to SRO to see through the process and handovers ?
Manoj Prabhakar
31 December 2024 at 17:15
Hi All,
We purchased a property in Bangalore Karnataka. As per the EC record the village name till our purchase was seegehalli, However when we registered the property the village was chosen as per the property tax revenue record as basavanapura village.
The address mentioned in the document is accurate.
We now have all revenue records, such as EB, Water, SWB, Property tax, and khatha, in our name and show both seegehalli and basavanapura.
But when I look for the history of EC my registration is coming in basavanapura village the land's previous details come in seegehalli village. When I enquired about this we learned that in kaveri1.0 the villages are not mapped properly and while uploading the document for registration the change in village name happened.
The details mentioned in the document do not need any change only the digital upload needs to be modified to a new village, how to do this?
My questions are
1. While we sell the property can I explain the hobli or village name chosen wrongly?
2. Can I correct the village name by doing a self-declaration? through the same sub-register?
3. Or what is the correct procedure to overcome this discrepancy.?
Kindly guide, please
Regards
Manoj
Twinkle Parmar
30 December 2024 at 14:04
property is located at kharghar navi mumbai
property was in name of two brother, one brother paid stamp duty 1% gift deed and transfer his 50% share to other brother it is internal transfer
can society is asking for premium
pls advice
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Want name in society nameplate as father name
my father's name is to be added to the society nameplate. Kindly suggest