Anonymous
25 July 2023 at 19:41
I am selling a property in Delhi but the buyer is not willing to provide his aadhar and pan card which I need to use for income tax filing to show capital loss in property. Does the seller have rights to ask for buyer's documents(namely aadhar and pan card) ? Also I would like to know if I will get any other document after property registration as a seller for future proof and reference?
Ennis Douglas
25 July 2023 at 14:49
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narendra khona
25 July 2023 at 13:09
Sir,,
Need guidance, the issue is as follows
Grandfather gifted northern portion of his property to my father, & gave him the " right of the way" in the Gift Deed, through his property which was closed after the demise of my Grandfather in 1960, by my aunt. Can I have the " Right of the way " opened.
Thanks
Thanks
narendra khona
25 July 2023 at 13:03
Sir,,
Need guidance, the issue is as follows
Grandfather gifted northern portion of his property to my father, giving him the " right of the way" through his property which was closed after the demise of my Grandfather in 1960, by my aunt. Can I have the " Right of the way " opened.
Thanks
Thanks
Smrity K
25 July 2023 at 12:39
Our society consists of two 2 bhk AND 1 bhk flats and some shops . Our maintenance charges covers equal amount for the common services and Sinking fund and Repairs are charged as per the Area.
We had asked them to charge seperate for water inlets which are more than one for the larger flats, however they didn't agree.
Now while raising the maintenance they charged extra for a shop owner who is running a clinic and has taken seperate connection. while other shop owners pay short by that amount. Also the shop owners are not charged according to the commercial rates.
Can the smaller flat owners ask for restructuring of the maintenance for the extra water inlets . Is it possible , as the other part is saying, once done cannot be restructured.
Please advice.
DHARMASHOKA PANDA-BBA LLB
25 July 2023 at 12:22
can a mortgagee convert an agricultural land at BLAR if yes any judgement supporting the statement
Mortgage type equitable
Prathik
25 July 2023 at 11:03
Hi Team,
In 2017 - My Father paid the amount and got the property(2400 sq ft plot) registered in my Mother’s name alone. My mother is the sole owner as per sale deed. We wanted to build a house on that plot. Since my mother had no source of income, bank made me co-applicant and I along with my mother took home loan. Later on I being co-applicant paid EMIs and claimed home loan interest and even deduction in 80c for home loan principal while filing tax returns. In 2021 - My father expired. In 2022 We took top-up loan jointly in the name of me, my mother and my brother(for taking tax deduction for home loan interest and principal) and constructed 1st floor and it is self occupied. Construction is complete and we have occupied the building same year.
Bank manager told if my mother is not claiming home loan interest and 80c deduction then I being co-applicant can claim. So I claimed and never got any notice/enquiry from Income tax department. I think Income tax will check via cibil if a person is having any home loan or not. That’s why they might have not asked for further clarification.
This year I got to know that only if we are the co-owner then we can take deduction for home loan interest and under 80c for home loan principal.
I want to know how can I add my name and my brother’s name to the co-owners list along with my mother which can be accepted by Income tax of India in case of query.
If we execute via gift deed - we end up paying 3-4% of property value via registration and stamp duty charges. Also in future if we rent out this property. We need to show rental income as well.
If we can make non-registered legal agreement with the help of notary involving my mother, brother and me stating “my mom is not claiming any deduction and we are the legal heirs. So my brother and I wish to claim equal home loan related deductions”. Provide a copy of this agreement to bank and take deduction while filing IT return. If we get any notice - will it stand as a proof. Can income tax officials accept this?
Since the property is mortgaged with the bank. In the Encumbrance Certificate (EC) - if I apply and get for EC till today - we see my name, my mother’s name and my brother’s name under owner and it is pledged with bank. Can it be shown as proof of ownership to income tax officials?
Aditya Mishra
25 July 2023 at 09:32
Land was with A (mother) . B and C are son and daughter respectively. After A died, B sold land to X. Sale deed executed and Mutation completed. X sold it to Y and then Y sold it to Z.
After 10 years of initial sale (B to X) , C filed a suit of getting equal share from mother. What should be Z ‘s stand here ? Will Z have to carry the loss ?
Anonymous
25 July 2023 at 06:12
The owner of a flat executed Agreement of sale with the purchaser and handed over the vacant possession on receipt of 80% of the sale consideration and later on died without registering the sale deed. Whether the Legal heirs are bound to honour the agreement of sale executed by their predecessor ?
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Inactive member of chs mumbai due to non attendance of agm
My father is owing a Flat in Mumbai and has been paying regular dues and maintenance and there is noting outstanding. My father is now a NRI and resides with me in UK for the last 6-7years and is therefore unable to attend AGM. For the last 3 years the society is charging AGM absentism fee of Rs.500/- and even though we had disputed we are paying so that there is no disturbance and conflict.
In the past my father had requested the secretary to conduct AGM online so that he can participate in the meeting, the secretary has refused to conduct online AGM and have given reasons that he cannot do that as he does not have facilities and does not want to conduct online AGM.
Recently, there is an AGM going to take place in which he is going to pass the resolution to render those members as "Inactive" members who have not attended AGM for the last 3 years. If this happens it will have lot detrimental effects on membership of our flat as my father will be rendered as "Inactive".
Please can you therefore advise any solution for this as we have no issues attending AGM online and have clearly communicated to him as since we are abroad it is not possible to attend AGM, however the secretary is not conducting AGM online and now wants to misuse the MSC Act law to render us as inactive and is also charging absentism fee.
Can you therefore advise on this and if there is any legal action we can take or some solution to this and what options are available.