Ancestral property
Rajesh Birje
(Querist) 23 January 2013
This query is : Resolved
Hi,
I have my ancestral property in dadar which was owned by my grandfather. I lost my father 26 years ago, and 2 years later my grandfather expired. Approx 2 years back my uncle made a deed with a builder as that property when under re-development. But the agreement what he made was under his name & kept his wife as nominee, without referring any rights to us. What do i need to do in such scenario.....Plz advice
Advocate Ramesh
(Expert) 23 January 2013
File a partition suit against your uncle and and add the builder as one of the party and get stay against the builder.
ajay sethi
(Expert) 23 January 2013
issu elegal notice to builder and your uncle that you have 50%share in said flat . what were you doing for 2 years?
Rajesh Birje
(Querist) 23 January 2013
But the flat has already been alloted to my uncle by the builder. So what do i need to do next.
Rajesh Birje
(Querist) 23 January 2013
I have bought a new house in nalasopara (W). I had purchased this flat from third party who had booked a flat while the building was under construction & haven't yet recieved the possession. I had purchased this flat in March 2012 & i was suppose to get the possession in May'12, however the builder had told me that he would give me the possession in Sept'12. But I havent yet recd the same as the builder said he is still waiting for the water connection. I have already paid him the VAT charges for the said flat. So just wanted to know do i have to pay him the service tax, since the flat agreement is for 18 lacs. And what do i need to do since I havent got the possession yet. Please advice.
ajay sethi
(Expert) 23 January 2013
wait and watch . 6 months delay is normal . you can issue notice and move consumer forum if you want to direct builder to deliver posession . however even in consumer forum your case will take 2 years to be disposed of .
Rajesh Birje
(Querist) 23 January 2013
And what about the service tax. do I have to pay that.
ajay sethi
(Expert) 23 January 2013
has the builder raised any demand for payment of service tax . if he has pay it
Rajesh Birje
(Querist) 23 January 2013
Mr Sethi I would need your advice on my ancestral property what needs to be done. Since I dont have any documents to claim my rights except for my fathers death certificate. And i have my Aunty who can stand as a witness for me.
Rajesh Birje
(Querist) 23 January 2013
Yes he has asked me pay pay that at the time of possession....
ajay sethi
(Expert) 23 January 2013
you need copy of agreement wherein your grand father purchased the said property .i presume your grand father did not leave any will . (please cross check) you can request builder to furnish copy of agreement entered into with your uncle . if society has been formed ask society for copy of agreement
