Question asked by Mr. Rahul from Bangalore :

Dear Vatsala,
First of all thank you for your time, I got to know about your website through my friend and I would like to have your advise about one thing .I was about to book a flat in Bangalore and paid him 1,00,000 Rs since he did not agree to give document for us to have it checked with out advance . He also agreed that he will return money if we decide not to go a head with his flat .Yes he did mentioned that he will deduct 10 % .He also gave receipt and which was agreed by us too
Now after getting the documents checked we decided not to buy his flat and asked our money back .Its been 2 months and he is always asking time .He always promise to return but never does.
I need your help in knowing how do we go about this .
Warm Regards
Rahul
Bangalore

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Question asked by Mr. Venkata Ramarao Kota :

Hi, My name is Venkat. I have bought a flat in Raja rajeswarinagar on Oct 2007. And there are many pending issues from the builder. And that is the reason i dint apply for the khata, as some people told that once i got khata transfer, build wont do any other pending works. Is that true that khata transfer is the last process concerned to builder and flat owner? And now the builder is talking like he don’t want to do any pending work. And he is too harsh while talking. Please let me know what I can do for this further. And how should I proceed further.
Best regards,
Venkata Ramarao Kota

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Question asked by Mr. Surya Gopan :

HI, I would like to know the rules about apartment monthly maintenance charge;
Is there are a govt rule written in how the maintenance charge need to be collected/divide from flat owners? In my apartment there are 2 and 4 BRs Flats. The association is trying to divide the maintenance charge equally to all flat owners not depends on sq. ft. area. The 4BR flat area is double that of 2 BR and same maintenance charge? is that legal?
The majority is of 4BRs; and 2BRs owners are forced to pay the same amount.
Can you please tell, is that legal to do the above way?
If not, how to process for legal help on this?
Regards,
Surya Gopan

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Question asked by Mr. Vishal Sinha from USA :

Dear Sir, I am an Australian citizen and currently on work visa in USA for the past 2 years. I was born in India and my parents/brothers are settled there and hence I have a PIO (Person of Indian Origin) card. I need to assist my brother with 13 Lakhs INR rupees that I will send from USA. In Lieu of this my mom would like to give a house that is in her name to me. The house is worth 40 lakhs INR that she has built 15 years ago. My question is what is the best method of transaction so I pay the minimum capital gains tax, registration tax and am able to repatriate the sale proceeds of the house when I sale it later while claim the 13 lakhs that I am going to send now. What happens if my mom sells the house herself in 40 lakhs INR and then gifts the cash to me? Do I need to pay any tax on this cash? Can I repatriate this cash to USA/AUSTRALIA?
In place if she gifts the house to me, When I sell the house, do I have to pay capital gains on whole of 40 Lakhs INR or just the (sale price – cost of building the house that my mom spent)?
Third option would be that mom could sell part of the house to me and part of the house gives me as gift to counter the 13 lakhs INR that I am paying her. She will then give 13 lakhs INR to my brother who has already a loss of 13 lakhs in his business.
I need to know what is the best option where for getting the control of the house and immediately and have to pay less taxes.
Thank you for your help!
Vishal Sinha
USA

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Question asked by Anonymous :

Hi, I recently came across a real-estate blogger who has posted some plots and I am kind of interested in buying one. However, how can I check the genuinity of the plots being offered? Whether it has some legal issues or not and that the developer is the owner and has the right to sell the demarked plots. Details of the developer and the plots could be found on: http://realestate4homes.blogspot.com/
Thanks a lot for your help.
Mail Genoius

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Question asked by Mr. Surya Mishra from Bangalore :

Hello, I am thinking of buying a property in Bangalore, but horror stories from people have scared me so long. I need some advice regarding various scenarios faced by my friends and how to resolve them.
1. The builder arbitrarily scraps the project and refuses/delays to pay back the amount. The usual answer is going to consumer court. But please be more specific. How to go about consumer court? What is the normal procedure? How much time and money do I have to spend over there? What kind of paper work is required?
2. The builder changes the layout plan. The swimming pool is smaller, no tennis court, no fountain, children playing area is smaller.
3. Builder completes the project but is not completing other facilities (swimming pool, land scaping, club house)
4. At the time of possession, builder is charging exorbitant amount for maintenance.
Thanks
Surya Mishra
Bangalore

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Question asked by Mr. Bramhabid Mishra:

Hello sir, this is Om here. Im looking forward to purchase a piece of land in the annikel taluk. The land is in agriculture category spread over around 1700 sq. ft. As I came to know that it is not convertible due to ban on conversion. So please help me n advice what can be done regarding this? Because now the seller has agreed to issue GPA(GENERL POWER OF ATTORNEY).
Please advise how the deal can be executed smoothly.
Thanking you with regards,
Om (Bramhabid Mishra)

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Question asked by Mr. Anil Kumar from Bangalore:

Dear Sir/Madam,
I recently bought a apartment in Bangalore, my problem is recently I was drilling a hole in the wall to hang some pictures, for my surprise I did not find any cement plastering on the wall it was a layer of plaster of paris instead of cement, the nail directly went into the hallow block, curious about this I tried in different parts of the house, only the outside of the apartment is been plastered with cement all the interior walls are been plastered with plaster of paris, what can I do, can I take this issue legally, whom do I contact,
Kindly help me.
Thanking you
Anil Kumar
Bangalore

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Question asked by Kiran from Florida, USA:

Sir/Madam,
I was going through some of the posts at your website.
I have an issue and require your assistance.
I am Kiran living in Florida, USA.
I wanted to buy a 3-Bed Rood apartment in Bangalore.
We checked the documents provided by the builder with a lawyer and as we got a satisfactory feedback we entered into sale agreement to buy the flat.
We paid around 6 lakhs during that process and also started the home loan process.
The bank says that they need the Khata certificate from the Builder issued by BMP. The builder says that he has the Khata certificate issued by CMC. Also, the bank asks for tax paid receipts for the current year, which the builder provided a copy. The bank people say that the tax paid receipt is invalid and the dates and years are messed up with a whitener.
Now, is it mandatory to go have
1. Katha certificate issued by BMP / BBMP.
2. Tax paid receipt for the latest year.
3. If I want to cancel the sale deed and get back the money is it possible? What are the formalities?
Please let advice us.
Kiran
Florida

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Question asked by Ms. Esha Arora from Ghaziabad:

Dear Mam,
This is Eash. I live in Ghaziabad and I need your advice on Transfer of property. We are five Brothers & One Sister. We have a Free hold Land Approximate 350-400 Sq. ft. in Ghaziabad (Uttar Pradesh). The Land (Registry) is in name of my father & one of my brother. Except me rest of the brother & my father has been expired. My sister is also widow.
Please let me know, who is a legal hire of property is after death of Parents & Sibling in case of non declaration of willpower, the registry of properly was in name of my father & one of my brothers. How can I get the ownership transferred in my name? Please let me know who will be the owner of property after the death of our father. Please advise me what is to be done next.
I & my younger brother living in that property (House) from the day we purchased that property, now last month my brother died. Now my family & my younger brother wife & her daughter are living in that house.
Thanks & Regards
Esha
Ghaziabad

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