Posted in India, Indian Property, Indian Real Estate, legal, Real Estate, Real estate legal india atOnePlace.com, Residential Property, tagged commercial property, Court, Indian Property, Indian Real Estate, landlord, property possession, quit notice, rent agreement, Residential Property, tenant on October 4, 2011|
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Question asked from Ehtehsam from India:
Hi all Advisors, I need to know according to law is this legal for landlord to tell tenants who is staying more than 40 years commercial and residential to vacate in 3 months verbally. We are staying more than 40 years there are 4 shops and 1 house everyone is more than 35 years no one is having agreement and all the things are taking care by tenants. Owners also not living in that house more than 25 years. Can anyone give me suggestion how should I proceed to court to stop landlord. They want to sell whole area and they are forcing tenants to vacate soon. Please advise us legal action and help us.
Thanks
Ehtehsam
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Posted in Agricultural Land, Bangalore, India, Indian Property, Indian Real Estate, Karnataka, legal, Possession, Real Estate, Real estate legal india atOnePlace.com, Sale Deed, Sale of Properties, Uncategorized, tagged Agricultural Land, Bangalore, Bruhat Bangalore Mahanagara Palike, death certificate, Encumbrance certificate, Indian Property, Indian Real Estate, Khata, Legal heirs, Municipal AUthority, property possession, Property Registration, Property Tax, Sale Deed on October 4, 2011|
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Question asked from Mr. Thejus from Bangalore, India:
Hi , My name is Thejus and I have a friend who has a 4000 Sq ft land in a popular location in Bangalore. This plot was bought by his father from a rural landlord in the 1960’s. They have got a Mutual registration done after 12 yrs. The seller and the buyer have both expired now and my friend is in possession of the land which is vacant. There are about 6 other plots in the same layout which are vacant as well. My friend wants to sell this Land now and the only documents he has is the original sale deed agreement done in the 1960s and the latest encumbrance certificate which still says his father is the absolute owner of the land. We need to know what is the procedure for acquiring the appropriate documents.
Thanks
Thejus
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Posted in Bank, India, Indian Property, Indian Real Estate, Loan, Real Estate, Real estate legal india atOnePlace.com, Residential Property, Sale of Properties, tagged allotment letter, bank loan, Indian Property, Indian Real Estate, Possession letter, property possession on October 1, 2011|
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Question asked from Mr. Odell Aguiar from India:
I bought a house in 2006. I have a bank loan on the house and have paid it off in full and received all the original documents as of Aug’ 2010 However, the builder has not given me a copy of the possession letter and is demanding more money. Can I sell my house without the possession letter?
Thanks
Odell Aguiar
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Posted in Bangalore, Indian Property, Indian Real Estate, Karnataka, Possession, Property Registration, Residential Property, Sale of Properties, tagged Bangalore, Indian Real Estate, property possession, Property Registration, Residential Property, sale agreement, Sale Deed, Stamp Duty on September 28, 2011|
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Question asked from Mr. Kamlesh Lakshmanan from Bangalore, India:
I have booked an under construction property (flat) in electronic city Bangalore which costs 40 lakh, the builder is now requesting to have the sale agreement for which he is asking for 20,000/- Rs towards e-stamping, the question I have is : for stamp duty payable on sale agreement (without possession) is it 1% or 0.1%.
Also he suggested that as per Karnataka stamp act, 1957 the stamp duty payable on sale agreement (without possession) is 1% on the market value equal to the amount of consideration subject to a maximum of rs.20,000/-.
Thanks
Kamlesh Lakshmanan
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Posted in Indian Property, Indian Real Estate, Property Registration, Sale of Properties, tagged arbitration, commercial property, Contract, Indian Real Estate, property possession, Property Registration, share certificate on September 28, 2011|
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Question asked from Mr. Sushil S. Arolkar, India:
I purchased one shop. Registration was done in November 2010. Seller gave me the possession in the month of July, 2010 during the process of dealing. I paid complete payment as per agreement. But now he is not ready for the transfer the share certificate. What should I do?
Thanks
Sushil S. Arolkar
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Posted in Builder, Commercial premises, Indian Property, Indian Real Estate, legal, Mumbai, Possession, Property Registration, Sale Deed, tagged agreement, Builder, commercial property, Indian Real Estate, Mumbai, property possession, Property Registration, taxes on September 28, 2011|
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Question asked from Ms. Priya Wadhwa from Mumbai, India:
I have bought commercial property in Mumbai, but neither the agreement was prepared nor the registration was done by a reputed builder who constructed the property few years ago. I am having possession letter and receipts for payment made. Builder is demanding extra money. Kindly guide.
Thanks
Priya Wadhwa
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Posted in Buy Real Estate, India, Indian Property, Indian Real Estate, legal, Real Estate, Residential Property, tagged agreement, Builder, Indian Real Estate, maintenance charges, property possession, Property Registration, property transfer, Residential Property on September 28, 2011|
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Question asked from Mr. Ravi from India:
Hi, I am interested in buying a property to which the Original Agreement between the builder and the current owner has been lost and as it is an old property it has not been not registered. The Society documents cite the owner as the occupant via maintenance bills. What are the ways/ routes available to safeguard my interest to any future claims on the property post my acquisition?
Thanks
Ravi
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Posted in Builder, citizen of India, Compensation, Consumer court, India, Indian Property, Indian Real Estate, Jurisdiction, legal, Mumbai, New Construction, Possession, Property Registration, Real Estate, Real estate legal india atOnePlace.com, Registration, Residential Property, Sale Deed, Sale of Properties, tagged Builder, Consumer court, consumer forum, environmental clearance, flat, harassment, Indian Property, Indian Real Estate, Mumbai, property possession, Property Registration on October 27, 2009|
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Question asked by Mr. Siddharth from Mumbai, India:
Hi, I need your guidance.
I had booked a flat 2.5 years back from a reputed builder in Mumbai. Even though I have already paid all the amounts as agreed and mentioned in the registration document, the builder is not giving possession of the flat. He wants additional Rs.15000 which is a new demand from him (since May, 2008) and not a part of the registration document, even the demand note from him that I got in April 08 had any mention about it.
I have been writing letters to him for last 4 months but he doesn’t reply and their sales office says that whatever you do, you have to pay this amount without which you won’t get the possession. Those who paid that amount, they got the possession in May, 2008 itself.
My point is that I have paid everything that was part of registration document. How can you hold the possession for something which is not a legal demand? If this demand of Rs. 15000 is legal, please give this to me in writing that you won’t give possession till I pay this money. They refuse to reply to my letters in writing and also refuse to give the possession.
I am already incurring almost Rs. 35000 as interest cost per month on the flat amount. With every passing day, I am incurring additional cost but at the same time, I don’t want to agree to his unreasonable demands. I am mentally harassed as well as financially losing the money.
He doesn’t give the possession date in writing. Even in registration document, he had forced me to sign even without a possession date. I understand he did that to everyone. His point was that sign or else cancel your booking, choice is yours. I had already spend more than Rs. 5.0 Lakhs in booking this flat in 2005 itself and had lost more than 1 years because his building got stuck in environmental clearance after 26th July 2006 rain in Mumbai. So, after waiting for 1 year, I didn’t want to cancel the booking.
What is the recourse I have? I will certainly go to Consumer Court but settling the case will take more than a year or so and there is no guarantee that I will get the justice and win the case. Till that time, I can’t afford to lose the money on my flat.
Can I pay the money that he is demanding and take the possession of the flat and then file a case in Consumer forum? What should be the process? I know, if I file a complaint/case first, he won’t give me the possession at all till the case is heard & closed. In the process I may lose more than even 1 year, knowing the judiciary system of our country for a common man.
Please advice. I will be highly obliged.
Best regards,
Siddharth
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